100 Level Courses
102 - Statutory Interpretation (2)
This course is designed to assist students to develop a coherent method of statutory (and regulatory) interpretation. Basic issues considered are: plain meaning; textualism; context; intent; purpose; and coherence with other statutes and applicable law. Several brief writing assignments are required. The final paper is a judicial opinion in which students are asked to interpret a statutory provision in the context of the facts of a case to which the statute has been applied.
105 - Argument and Persuasion (3)
This course will consider the role that argument and advocacy play in the resolution of constitutional questions. It will also consider what constitutes effective advocacy, and how one crafts a persuasive argument, in this context. The first part of the course will consider the general problem of persuasion by focusing on classical theories of argument. In this part of the course, the class will study relevant works by Plato and Aristotle. Since the aim of appellate advocacy is to persuade a particular and specialized audience, namely, appellate judges, the second part of the course will consider the particular demands and requirements of persuasion in that context. What do judges and theorists of judging say that judges do, or think they are doing, when they interpret the U.S. Constitution or resolve other questions of law through interpretation? How does an understanding of these matters impact upon what lawyers can or should do in framing their arguments? In the final part of the course, students will apply the knowledge they have gained in the first two parts of the course by studying the opinions, briefs, and oral argument transcripts in selected Supreme Court cases. The selected cases will present distinct problems in advocacy. Students will be asked to evaluate the effectiveness of the arguments actually made in the cases and consider whether other arguments might more profitably have been made. Papers will be required. (Sullivan)
106 - Trustees and Trust Administration
This course will examine the fiduciary responsibilities that govern the duties of the trustee in carrying out the provisions of the trust as dictiated by the trust instrument. The course will survey the myriad of situations that the trustee may encounter in balancing the often competing interests of the various classes of beneficiaries. The course will also examine some of the recent cases, state statues and legal trends that are instructive in this area. The course will also review the regulatory authority in this area. The course will also review the regulatory authority that governs the unique investment considerations that impact trustees in managing the assets of the trust. There is no prerequisite. (Herte)
This seminar will address both procedural and substantive aspects of mass tort claims. Among the topices that may be covered are the following: the defining characteristics of mass tort claims; their resolution through litigation, administrative and legislative procedures, and the bankruptcy system; jurisdictional issues arising in mass tort cases; the interaction between state and federal courts in resolving mass tort claims; standards for admitting scientific evidence to prove mass tort claims; the elements necessary to establish mass tort claims; affirmative defenses arising in mass tort cases, such as statute of limitations issues and regulatory compliance defenses; and the design and administration of claims resolution facilities for processing mass tort claims. (Smith)
109 - The Rule of Law in Developing Legal Systems (2)
The objective of this course is to gain an understanding of the emerging field of rule of law reform by examining the design and implementation of a variety of legal and judicial reform initiatives in developing countries. Initially, the definitions of "Rule of Law" will be examined and the class will explore the clash of different objectives behind rule of law reform programs, including democracy promotion, economic development, promotion of human rights and social justice and law enforcement. The role played by a well functioning, effective and accessible justice system in the economic growth and sustainable, equitable development will be examined. As case studies, the class will review programs implemented in selected developing countries and issues raised by overlapping or inconsistent agendas of foreign donor nations, international and regional organizations (e.g. United Nations, Organization of American States, USAID, Inter-Development Bank, World Bank, European Bank for Reconstruction and Development, etc.) involved in these programs will be discussed.
110 - Labor and Employment Issues in the Education Workplace (2)
This course, which meets once a week for two hours, will explore in depth labor and employment issues in the 21st century education workplace. Students will form teams -- representing individual employees, the union, and management- and advocate their respective positions in a variety of contexts, including collective bargaining, unfair labor practice proceedings, teacher discipline and dismissal proceedings, and contract grievance arbitration. Current events and contemporaneous developments will provide the backdrop for the course materials and class activities. Topics will include: tenure, reduction-in-force and seniority rights, and teacher accountability and evaluation of professional personnel under new education reform legislation; public sector bargaining trends in Illinois and nationally; the 2012 Chicago Public Schools teachers strike; LGBT issues, free speech, and workplace right of privacy.
111 - Practical Skills Boot Camp for 3Ls (1)
From the turn of the 20th century through today, law has been critically important to American cinema and American cinema has been critically important to the law. This course will examine how cinema constructs the law, indoctrinates audiences in jurisprudence, and explores the position of law in our culture. The course will consider such topics as the ways in which cinema represents the negotiation of cultural conflicts through the law, interrogates the associations between law and ethics, and reinterprets historical cases, evincing cultural anxieties and desires with regard to the legal system. Further, we will analyze how law films investigate issues of guilt and justice, situate audiences as jurors, and create ideal and flawed images of the lawyer, law firms, and the lawyer-client association. Films for class discussion will include Anatomy of a Murder, To Kill a Mockingbird, Presumed Innocent, Judgment at Nuremberg, Compulsion, Michael Clayton, Adam’s Rib, 12 Angry Men, Philadelphia, and The Social Network.
This course is a JD Required Course and counts as a Bar Course.
An introduction to and analysis of the concepts and doctrines that govern the procedure followed in civil litigation. Jurisdiction, choice of law (Erie), pre-trial, trial and appellate procedure are discussed. Emphasis is placed on practice in the federal trial courts. (Ho, Kaufman, Michael, Rose, Tsesis, Waller)
114 - Critical Theory: History, Race and American Law (2)
Using a variety of interdisciplinary materials, this seminar will explore significant examples from history and law that illustrate and raise questions about the construction of historical meaning. We will study the legal history of race relations, including the histories of African Americans, American Indians, Latinos/as, Asian Americans and Whites. We will explore the significance of omissions from the usual understanding of what our racial history includes. We may also discuss original intention and other related topics.
The construction of historical knowledge is a fascinating and contested subject. The production of a historical narrative requires the interpretation and selection of historical evidence, necessitating significant choices about which evidence to include and which evidence to exclude. Such decisions about the meaning and content of history reveal much about a historian's, and ultimately society's, values. (Perea)
116 - Securities Fraud Seminar (2)
The class begins with a broad overview of the U.S. securities markets and equity products being offered to the public. Based on that foundation an analysis of fraud as it applies to securities is reviewed beginning with the history of fraud up to the current Supreme Court cases concerning the definition of securities fraud. The class will examine several different views of securities fraud including the perspective of the individual shareholder or enforcement attorney on the Plaintiff's side to the stock broker, corporate officer and Board member on the defense side. (Rzepczynski)
Philosophy of Law surveys the most prominent philosophical issues in jurisprudence. The course reviews the problems in defining law and distinguishing the law's relationships with justice, ethics and political theory. After studying positivism and natural law theories, the class will critically examine the law's efforts to regulate ethical duties for its citizens, judges and practitioners, to define the political relationships between citizens and government, and to resolve the epistemological problems of determining truth, assigning burdens of proof and discerning causation. Issues will include the definition of human beings, capital punishment, rights to life and death, privacy and private property. Each student will write two short papers on assigned topics and a longer paper on a topic of choice. Class discussion is an important part of this course. (Nora)
119 - Contracts for International Sale of Goods (1)
This course will introduce students to contracts of sale in an international environment. The legal framework will be provided by the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG). The concepts and solutions of this Convention will be presented in the context of cases and be further explained against a comparative law background. This includes the formation of contracts, obligations of the parties to a contract of sale and the rights and remedies available in case of breach of contract. The overall aim of this course is to familiarize the students with the most successful set of rules at the level of international uniform law. Students are expected to prepare for the course by reading Schwenzer, Ingeborg / Fountoulakis, Christiana (eds.), International Sales Law, Routledge Cavendish: London/New York 2007. Specific reading assignments will be provided in due course. (Schwenzer)
120 - The Constitutional Challenge to the Affordable Care Act (Kent) (1)
This course gives students an opportunity for an in-depth consideration of the constitutional challenge to the Affordable Care Act (ACA) of 2010, which the Supreme Court is scheduled to decide in June. Topics include: the history of the passage of the ACA, political and popular mobilization against the ACA, the litigation history of the constitutional challenge, media coverage of the challenge, the Supreme Court=s ruling on the issue, and possible implications of the challenge. Students will be responsible for periodic short writing assignments, at least one in-class presentation, and active participation in class discussion. Those who have not completed Constitution Law will be required to attend one additional session on Commerce Clause doctrine. The course will be offered on a pass-fail basis. The class will meet every other week.
*Full time or part time Loyola students, who have completed their first year of legal studies, may enroll in one or more of a select group of 10 classes taught at Kent. These classes will not be curved and will be graded by name. Although these classes will be taught at Kent by Kent professors, you can enroll in them through LOCUS, as you would any other Loyola class. If you have questions about the courses offered and their prerequisites, please contact Assistant Dean, Stephen Sowle at ssowle@kentlaw.edu
121 - Constitutional Law: Rights and Liberties (4)
This course covers the procedural and substantive components of the due process and equal protection clauses. Other topics include the contracts clause and the takings clause. Civil rights legislation may be covered at the discretion of the instructor. (Shoenberger, Tsesis)
121 - Advanced Constitutional Law (3)
This course counts as a Bar Course.
This course will focus on the history and substance of equal protection under the Constitution. First we will explore the relationship of the original Constitution to slavery, and slavery’s role in shaping law and constitutional doctrine. Next we will study the Reconstruction amendments and the unusual circumstances of their adoption. Lastly we will focus on the development of equal protection doctrine from its beginnings after Reconstruction to the present.
This course is a JD Required Course and counts as a Bar Course.
An introduction to the United States Constitution. Subjects include the role of the United States Supreme Court, federalism, and separation of powers. Particular attention is paid to judicial power and judicial review, national legislative power including commerce power, commerce clause limitations upon state power to regulate, and presidential power and authority in both international and domestic affairs. (Geraghty, Raphael, Shoenberger, Tsesis, Zimmer)
123 - Advanced Partnership Tax (1)
Partnerships continue to be a favored form for conducting business because of their flexibility and flow through status for tax purposes. Partnership taxation presents complex issues which if dealth with appropriately can make a significant economic difference for their owners. This course examines a variety of advanced partnership taxation topics required of an attorney providing tax advise including entity classification, drafting and understanding of income allocations under § 704(b) and (c), allocation of partnership liabilities, disguised sales and other gain deferral and triggering provisions, sale and acquisition of partnership interests, and other topics, including treatment of distressed partnership, if time permits. (C. Boyer)
This course examines how certain expectations about sex, gender, and romantic love permeate American and international law. As a result, the course covers a wide range of topics that are now fiercely debated on a national scale, such as hate crime, abortion, rape, domestic violence, prostitution, AIDS, gender assignment surgery on adults and intersexed children, and discrimination in the U.S. military based on gender and sexual orientation. Additionally, because practicing attorneys are increasingly likely to counsel clients on laws related to matters of sexual orientation (especially in representing openly gay, lesbian, bisexual and transgendered clients), the course gives particular emphasis to laws related to domestic partnerships, adoption, marriage, child custody, and discussion of sexual identity in various private and public settings, such as schools and the workplace. Grades are based on (i) an in-class group presentation, (ii) a series of reaction papers of approximately 3-5 pages in length and (iii) a final paper of approximately 15-20 pages in length. (Glazer)
For many years, the field of psychology focused primarily on mental illness. But in the past ten years, many psychologists have begun to analyze happiness and to study the ways in which all people, healthy or ill, can increase their enjoyment of life. This course will explore the new field of hedonic psychology, evaluating its methods and examining its findings. We will consider whether legal policy can or should be shaped by these findings in an effort to help people become happier. (Bronsteen)
128 - Commercial Lease: Art and Strategy (3)
This course counts as a Skills Course.
This is an advanced seminar intented to give students a working familiarity with the anatomy of a commercial real estate lease document, using actual examples, and provide a real-world introduction, from a practitioner's perspective, to: (1) the substantive law that applies to commercial leasing (and financing commercial leases); (2) the business objectives of commercial landlords, tenants and mortgage lenders as they analyze and negotiate commercial leases; and (3) the ways transactional lawyers use specific lease terms to further their clients' objectives, while keeping the lease balanced enough to keep the deal intact. The course will focus on Illinois law, but the instructor will point out points on which state law may differ, and how that might affect the lease terms. The course focuses on a "vanilla" office lease for a multi-tenant building. The draft lease, itself, is, in effect, the central "text," and classes would be organized around the major lease sections. In addition to the lease itself, course reading materials will include excerpts from statutes, treatises, practitioners' guides, and, occasionally (but rarely), court cases. The goal of the proposed course is to provide as nearly as possible, given the constraints of a classroom setting, the quality and substance of the experience a first-year associate would ideally have in a law firm in reviewing, negotiating and drafting a lease under a supportive, mentoring partner (i.e., the instructor). Students will volunteer to be landlord's counsel, tenant's counsel or mortgage lender's counsel. For the duration of the course, students will review, analyze and participate in discussions from their chosen perspectives.
Prerequisites for the course are Contracts and Property. Students who have taken courses in Real Estate Law, Landlord-Tenant Law and/or Secured Transactions would be at an advantage. (Vranicar)
This small seminar explores more deeply the themes discussed in the introductory Law and Psychology course, especially those related to hedonic psychology. It also addresses practical applications of those themes. Enrollment is limited and selected by the instructor. (Bronsteen)
130 - Transactional Skills Seminar (2)
This course counts as a Skills Course.
Negotiating Everything – A Transaction Skills Seminar.
The course will examine the lawyer’s role in business transactions by looking at examples of two decidedly different transactions – the negotiation of commercial real estate leases and the structure of the purchase, ownership, and operation of a corporate aircraft. The practical skills and knowledge acquired by examining these examples can be applied to virtually all commercial transactions. The class will consider the art of negotiating those transactions – and will focus on the role of the lawyer in those negotiations. We will consider a variety of negotiating strategies and how to deal effectively with opposing counsel who may, or may not, share your particular strategy. In addition, the class will examine a corporate aircraft transaction – with a myriad of parties and opposing interests and regulations - with the goal of appreciating the juggling and balancing necessary to achieve the best result possible. Along the way we will look at how there is not ONE way to do things, rather there are many ways and many strategies. The rules and processes taught in law school are there to provide guidance; they are not hard and fast rules about the way that a transaction must be done. That's one of the benefits of being a transactional lawyer - the rules are set by the parties as they negotiate.
Students will be evaluated on the basis of classroom participation and attendance, a paper, and, in lieu of final exam, a one-on-one negotiation session with the instructor. Regular attendance is expected; if a student cannot attend class, please notify the instructor.
131 - Illinois Criminal Law & Policy (2)
This course counts as a Skills Course.
The course will focus on a substantive review of Illinois criminal law, its origins and evolution. It will also focus on policy decisions and trends that that drive changes in criminal laws. While the focus of the course is Illinois centric, the statutes and policies reflect national criminal law and policy trends. (Baroni)
133 - Therapeutic Jurisprudence Practicum (2)
This course will introduce the therapeutic jurisprudence perspective on practicing law in various settings: criminal, civil, family, juvenile, special education and in office practice as well as in litigation. The assigned course book will be Judging in a Therapeutic Key: Therapeutic Jurisprudence and the Courts ( Winkler and Wexler, eds 2003). Various articles including law review articles will be assigned to explore the role of problem solving courts and how that translates into practice for lawyers. Chapters from Practicing Therapeutic Jurisprudence: Law as a Helping Profession ( Stolle, Wexler, Winnick eds.2000) and Symposium: Therapeutic Jurisprudence and Children: 71 U.Cinn.L. rev. ( 2002);
1. Students will be assigned one 15 page paper dealing with a topic of their choice regarding therapeutic jurisprudence. Students will be expected to present this paper for class discussion.
2. Students will also be expected to observe in one of several court settings including Cook County Mental Health Court and Drug Court, Juvenile Court or Family Court. Arrangements for those visits will be facilitated by Professor Moran. Students will be expected to write a 5 page summary of their observation and relate this to the topic of therapeutic jurisprudence. (Moran)
134 - Complex Federal Criminal Practice Seminar
This course counts as a Skills Course.
Spring 2012
From the convening of a grand jury to the disposition of charges, federal criminal prosecutions involve a series of complex investigative and prosecutorial topics. This class will explore complex issues involved in federal criminal law including corporate criminal liability, the prosecution of public corruption cases, involving foreign and domestic initiatives, and organizational prosecutions utilizing RICO.
Taught by an experienced trial attorney, Ms. McClellan (currently an Assistant United States Attorney) the class will analyze issues surrounding the prosecution and defense of complex criminal matters. In the context of corporate criminal matters, the issues analyzed will involve the expansion of the principles surrounding corporate liability, internal and external investigations and whistle blowers after the Dodd Frank Act. With regard to prosecutions of public corruption, the course will focus on domestic political/public corruption and foreign anti bribery initiatives pursuant to the Federal Corrupt Practices Act. Complex criminal prosecutions aimed at organizations utilizing RICO statutes and similar remedies will be reviewed and analyzed for their efficacy. The course will focus on issues that arise in the prosecutive stage of these complex matters, beginning with the charging decisions through the disposition of the case. Questions of trial strategy will be examined, as well as, alternatives to trial, comparing and contrasting the remedies available when the defendant is an institution as opposed to an individual.
136 - Law and Catholic Social Thought (2/3)
This course counts as a Perspective Elective Course.
This course introduces students to the major documents that comprise the Catholic Church's social teachings. The documents will serve as a basis for a broader discussion of whether the social teaching has anything relevant to say or should have to say about current trends in American law. Considers whether lawyers of faith are obliged to move the law in a direction that comports with their core religious values and how that can be done in a pluralistic society; whether Catholic social teaching offers ideas and values that might find broad-based acceptance; and what happens if a lawyer determines that the profession and/or the society are hostile to the values presented in the social teaching. A twenty page paper delving into a particular issue or subject matter will be required for successful completion of the course. (2 Credits; however, a 3 Credit option is available to those members of the seminar who write a longer paper of thirty pages.) (Araujo)
137 -International Arbitration: Public and Private (3)
Arbitration is increasingly the dispute mechanism of choice, particularly in international disputes. In private international commercial arbitration, neither party wants to be required to resolve a dispute in the foreign court system of the opposing party. In state to state arbitrations, and in state to private company arbitrations, no sovereign state is willing to be subject to the jurisdiction of another sovereign state. Thus, as international business and investment has grown, so has the prevalence of arbitration to resolve international disputes. This course will focus on various forms of international arbitration, whether between two private companies from different countries trying to resolve a contract dispute, two sovereign nations involved in a border dispute, or an investor and a host country dealing with an investment dispute. No prerequisite is required.
138 - Comparative Corporate Law: Governance in the U.S., Western Europe and East Asia Seminar (2)
This seminar will explore selected topics in corporate law and governance in the U.S., Western Europe, Japan and China. It will address these topics under U.S. law in a summary fashion, key EU Directives and domestic law and corporate governance in three European jurisdictions: Germany, Italy and the U.K. These same issues, to a lesser degree, will be looked at in the newer corporate law jurisdictions of Japan and China. Initial readings will introduce the law, governance institutions, and ownership structures of the focus jurisdictions. The seminar will consider the governance choices made by these jurisdictions in a variety of specific areas. These areas will include the allocation of legal power between the shareholders meeting and the board, the protection of minority shareholders, the protection of corporate creditors, the participation of stakeholders such as employees and the state in corporate governance. The seminar will conclude by addressing change in corporate law and governance across jurisdictions, including the sourses of pressures for reform and whether these pressures operate in the direction of convergence across jurisdictions. The written assignments for this seminar will consist solely of discussion memoranda addressing the weekly readings. Seminar participants may write papers for additional credit in tandem with taking the seminar, but not as a substitute for weekly memos. It is highly recommended that students in this seminar have completed a course in basic corporate law.
139 - The Art of In-House Legal Counseling (3)
This course counts as an Experiential Learning and a Skills Course.
This course will introduce students to the evolving history, roles and responsibilities of in-house legal counsel. Students will investigate the skills and characteristics that contribute to successful and effective practice as an in-house counsel and explore the similarities and differences between in-house legal practice and outside legal practice. Topics covered during the course will include: the relationship between in-house counsel and his/her client; in-house counsel's role in adding value to his/her organization; advising and counseling clients; fact gathering and investigation; managing an in-house legal practice; selecting and managing outside counsel; and the ethical challenges of in-house counsel. This will be a hands-on course focused on practice skills development. In role plays, students will step into the shoes of in-house counsel to address a variety of situations in which an in-house counsel would be expected to act. Students also will observe experienced, practicing in-house counsel address similar situations and analyze the factors and considerations that contribute to effectively addressing the situations. Students will be expected to regularly attend and participate in class. There will not be a final examination in this course. Students will be evaluated on the basis of a final project (which will involve a class presentation and a written assignment or assignments) and class participation. (Slaughter)
This course is a JD Required Course and counts as a Bar Course.
An introduction to the substantive law of crimes. The primary emphasis is on those rules, principles, and doctrines applicable to most or many crimes. These doctrines include actus reus (What is a criminal act?), mens rea (What states of mind are criminal?), and the defenses of insanity, intoxication, impossibility, mistake, duress, and necessity of self-defense. Some attention is also given to several specific crimes and to theories of punishment. The primary materials are statutes (the Illinois Criminal Code and the Model Penal Code) and selected appellate court opinions. (Bronsteen, Carey, Norton, Raphael, Yellen)
141 - Agency and Partnerships (2)
This course counts as a Bar Course.
This class will focus on the Agency concepts of vicarious tort liability, the liability of a principal for its agent's contracts and fiduciary duties. In addition, the class will explore in depth all of the various partnership forms, including general partnerships, limited partnerships and registered limited liability partnerships. Creation of a partnership, the operation of a partnership, dissociation and dissolution will also be covered. (Eschbach)
143 - Criminal Law and Procedure Seminar (2)
This course considers in detail some issues in criminal law and criminal procedure. It is a classic seminar in that you will write a paper (and I will work closely with you on it individually) and you will present it to the class. The point of this seminar is not to survey yet another area of legal doctrine, but to allow you to become experts in one particular, narrow problem. By the end, you will have gone as far with this one issue as there is to go, you will know all there is to know. On this one topic, you will have reached bottom.
In addition to this substantive experience, you will practice writing well and organizing thoughts and presenting them. (Welling)
144 - Criminal Law Seminar: Sixth Amendment Issues
This seminar will consider in depth several constitutional criminal procedure issues under the Sixth Amendment to the United States Constitution, which guarantees the rights to a speedy and public trial, an impartial jury, notice of charges, confrontation of adverse witnesses, compulsory process for obtaining witnesses, and the assistance of counsel. In recent years, there have been a number of United States Supreme Court cases regarding this area, most regarding the meaning of the right of confrontation, and the application of the standard for measuring the effective assistance of counsel. other cases have explored attorney conflicts of interest, the extent and nature of the right to self-representation, and the right to juries drawn from a cross-section of the population. The first half of the class will consist of reading of cases on these subjects and discussion of the decisions. In the second half of the class, students will make class presentations and write a paper of about 20 pages in length. (Norton, Raphael)
146 - Corporations, Human Rights and Social Responsibility (2)
147 - Economics, Empirical Studies & the Law (2)
This course teaches students to apply economic reasoning and empirical analysis to understanding legal issues. This course highlights the relevance of an economic approach to the foundations of the American legal system, including property, torts, contracts, criminal law, constitutional law and civil procedure. The use of law and economics is not confined to any particular world view or policy position, this course emphasizes the broad range of analytical tools that law and economics and empirical legal studies gives lawyers and legal scholars.
150 - Applied Civil Procedure (3)
This course counts as a Skills Course.
This course will give students practical experience with common pre-trial civil litigation tasks they will encounter in private practice. The instructor's principal goal is to expose students to the "nuts and bolts" of pleading, discovery and fact gathering - with particular emphasis on writing - so that they will be more effective junior lawyers on their first day of practice. Throughout the semester, each student will represent a client in simulated litigation of a fictional civil case in which one of their classmates is opposing counsel. Class time is devoted to discussing how to prepare and complete the tasks that arise litigation generally and in the mock litigation in particular. As a result, students become familiar with the Federal Rules of Civil Procedure and obtain actual, albeit simulated, experience drafting pleadings, discovery and other writings. Specifically, this course will address: (i) conducting factual investigations preceding and during litigation; (ii) drafting initial pleadings, such as complaints, answers, affirmative defenses and counterclaims; (iii) drafting and responding to written discovery requests; (iv) locating and producing documents/electronically-stored information, as well as the practical considerations pertaining thereto; (v) preparing for depositions of corporate representatives under Federal Rule of Civil Procedure 30(b)(6); (vi) handling discovery disputes; and (vii) negotiating and drafting settlement agreements. The instructor stresses both the requirements of the applicable procedural rules as well as more subjective topics such as civility when dealing with opposing counsel, courtroom demeanor and interaction with clients and more senior attorneys. (Banich)
151 - Housing Law and Policy in the United States (2)
This course counts as a Skills Course.
The course includes the study of public and private housing, with reference to federal and state constitutional and statutory law. In 1949, Congress declared the goal of “a decent home in a suitable living environment for every American family.” However, more than 60 years later, over 95 million Americans confront serious housing problems or have no housing at all. Students will gain an understanding of the history of housing law, the lack of adequate housing in the United States, the consequences of inadequate housing, as well as the programs and legal tools designed to meet housing needs. Students will examine various programs designed to facilitate access to decent and affordable housing and develop strategies for addressing the housing crisis. Each student will prepare a seminar paper (or series of papers) on an aspect of housing as well as present in class on that topic.
This course is a JD Required Course and counts as a Bar Course.
A study of interests in land and personal property emphasizing the modern law of donative transfers, and estates and future interests, cotenancy, conveyancing, and land title assurance. Some coverage of landlord and tenant, and public and private control of land use may be included. (McCormack, Rose, Sag)
153 - Wills and Trusts Drafting (2)
This course counts as a Skills Course.
This is a hands-on, participative, skills course in which students will learn how to properly structure and draft basic wills and trust documents, both testamentary and living. Practical tools, such as, engagement letters and client questionnaires, will be discussed and developed to give insight into the active practice of estate planning which the student can utilize in the work world. Estates is a prerequisite. Estate and Gift Tax is not a prerequisite. Students who take this class may NOT take estate planning. You may take Wills and Trust Drafting OR Estate Planning, but not both. Final grade will be based on class participation and drafting assignments over the course of the semester. Class size is limited to 16. (Rummel)
154 - Natural Law & Natural Rights (3)
The purpose of this course is to introduce students to the role of natural law in the development of the law, with an emphasis on the position of natural rights in American Law and International Law. The specific context of our examination will be the natural rights of the human person. Three interrelated objectives of this course are: (1) to develop an understanding of what the natural law is and what it is not; (2) to dispel the skepticism (myths) about the role of natural law; and (3) to demonstrate the critical role in the evolution of natural human rights in American Law and International Law. Several particular rights will be examined to sharpen the focus of our investigation and discussion. Our readings will consist of primary and secondary sources compiled into a reader that will be made available in electronic form. There is one required book that will have to be purchased, viz. Heinrich Rommen's "The Natural Law."(Araujo)
155 - Law and the Subprime Debacle (2)
Beginning in late 2007, a rash of defaults in subprime mortgages triggered a historic credit crisis. This crisis has now resulted in a historic global economic contraction. This class will examine the role of law in precipitating and propagating the crisis. Financial regulation, corporate governance, globalization, and housing law will be examined to determine the role of each in creating the crisis and amplifying the crisis. Specific solutions will be offered. Finally, an institutional assessment of law and regulation will be undertaken to consider broader reforms. (Ramirez)
This course counts as a Skills Course.
This course focuses on ethics and professional responsibility issues specific to the litigation context. It will address the core principles in the Model Rules of Professional Responsibility pertinent to the litigation practice: competence, communication, candor, confidentiality, conflicts of interest and client control. These topics will be considered in a "real world" situation format. In addition, certain practice issues such as engagement letters, fee agreements, termination of representation and disengagement, false testimony or evidence and corrective measures, safeguarding privileged communications and client confidences, multi-jurisdictional practice, supervisory responsibility, lateral mobility, malpractice insurance and professional discipline and other consequences of rules violations or other misconduct will be taken up and discussed. There is a paper obligation and a responsibility to present that paper in class, but no exam. (Wiseman)
159 - The Financial Crisis and the Capital Markets (2)
This course examines the inner workings of the capital markets, the effects of the financial crisis on these markets and various governmental initiatives to restore the capital markets to health. Course participants will also analyze the complex contracts governing various types of debt financings in the capital markets and will undertake a negotiation project to gain working knowledge of significant issues in complex financing transactions. The course grade will be based upon the negotiation project and a paper on the topic relevant to the capital markets. (Randall/Rademaker)
160 - Education Policy and Practice: Counseling the School District (3)
This course counts as a Skills Course.
This course will allow those interested in the practice of education law to become familiar with typical and unique issues that require contact between school districts and their attorneys. The course is a combination of in-class, on-line and field study experiences. Students will work individually and in teams to identify resolutions to school district issues. The relationship between attorneys, boards and administration will be investigated. In class sessions are three hours per week to cover practical situations and to develop skills tailored to the practice of education law. The course will focus on typical scenarios, as well as the increasing number of, and breadth of, issues requiring legal assistance.
161 - Counseling Small Businesses (2)
This course counts as an Experiential Learning and a Skills Course.
This course is designed to provide practical advice on representing small businesses. It will include information helpful in determining who is the client, and what obligations, if any, you may have to persons who are not clients. You will be provided case studies highlighting matters of most importance to small businesses.
Topics to be covered will include advising clients on insurance requirements; negotiating commercial leases; use of independent contractors; licensing and related regulatory matters; exit strategies; and franchising.
The presentations throughout the course will be interactive; and students will be expected to participate regularly in the discussions.
This course is a JD Required Course and counts as a Bar Course.
A basic course in the substantive law governing compensation for injuries to property and to the person. Considered are intentional wrongs, negligence, malpractice, products liability and strict liability; invasions of personal integrity and emotional well-being; injury to tangible and intangible rights in property; liability insurance and alternatives; and damages. Other risk-bearing alternatives are considered and contrasted with the traditional common law theories. (Appel, Cooper, Frischmann, Locke, Sawicki)
164 - Mergers and Acquisitions (3)
This course counts as an Experiential Learning and a Skills Course.
This course will introduce students to the issues that arise in merger and acquisition transactions. Students will study the legal framework within which m&a transactions and the negotiation and documentation of such transactions take place. Students will analyze the considerations involved in selecting various structural alternatives for m&a transactions, examine the dynamics of the m&a transaction negotiation process, investigate the various stages of m&a transactions and focus on the lawyer’s role in adding value to such transactions. Students will also have the opportunity to study, evaluate, draft and/or negotiate various types of documents that are commonly encountered in m&a transactions (such as, confidentiality agreements, employee retention agreements, investment banker engagement letters, letters of intent and purchase and sale agreements). There will be a take-home final examination. Students taking this class would benefit by having previously taken Business Organizations and Securities Regulation; these classes are not, however, required to take the course. (Slaughter)
166 - Education Law Practicum (1.0 - 4.0)
This course counts as an Experiential Learning and a Skills Course.
This unique course has a classroom component and a field work component. The class meets formally one hour per week to cover substantive education law issues and to develop skills tailored to the practice of education law. The field work component provides students with an opportunity to gain experience in the practice of education law through placement with a local law firm or non-profit organization. Students may choose to provide either: (1) direct representation and help to children and families in need of special education services; or (2) representation of school districts in education law matters. Students may register for 1 to 4 credits, depending on their level of commitment to the field work and agreement of the placement supervisor. Permission of instructor is required. (Coustan)
167 - Life After Innocence Practicum
This course counts as an Experiential Learning and a Skills Course.
A number of 'innocence projects' work around the country (and the world) to free those in prison for crimes they did not commit. However, there are fewer, if any, resources for persons once exonerated. The Life After Innocence Project ("LAI") at Loyola University Chicago follows with such exonerees to offer guidance, pro bono legal services and additional support on all levels. Students and faculty work with recent exonerees to obtain medical treatment, aid in gaining Certificates of Innocence and work with money managers to deal with any state funds or civil verdicts received after release.
Current clients include Jerry Miller (served twenty-six years for rape, robbery and kidnapping before DNA evidence exonerated him), Dean Cage (father of three, served fourteen years for rape before DNA evidence exonerated him), Alton Logan (served 26 years of a life sentence for murder until attorneys for the real perpetrator revealed a confession after his death), Jovan Mosley (did six years in a Cook County jail before receiving a Not Guilty Verdict) and Ronald Jones (served nearly fourteen years in prison, eight of them on death row, until DNA evidence proved his innocence).
Students will attend weekly group meetings, and are required to sign an agreement indicating that they will provide weekly billing to account for time devoted to the project and will continue after the semester, on their own time, any projects not completed during the semester. (Caldwell)
168 - Litigation Process and Techniques (2)
This course counts as a Skills Course.
This course will focus on the steps involved in litigating a federal civil case up to trial, including drafting and responding to complaints, motion practice, discovery rules and techniques, including the newly regulated area of ediscovery, presenting evidence to the court to obtain summary judgment and other pretrial procedures highlights include drafting pleadings and memorandum, understaning and applying court procedural rules, and analyzing and presenting the evidence through briefs. This course is designed for those interested in the private practice of civil litigation. (Ross)
169 - The Legal Thought of Justice Holmes (1) This is a one credit pass-fail course designed to explore the legal thought of Justice Oliver Wendell Holmes, one of the giants of American law. Justice Holmes influenced American law as a teacher, scholar, Justice on the Supreme Court of Massachusetts, and Associate Justice of the United States Supreme Court serving until well into his nineties. He is one of the most quoted and least understood figures in American law, one of the very few Supreme Court Justices who became a figure of pop culture, and the only one who was the subject of a Broadway play and movie ("Yankee from Olympus")
This seminar will meet for seven sessions beginning on Septmeber 18 and finishing on November 11, with one week off at the end of October. Each session will analyze a different aspect of Holmes legacy and influence with readings and cases by him and certain writings about him by prominent scholars. Several sessions will include guest speakers from the Loyola faculty and other law schools who have studied Holmes' career.
This is a discussion seminar where students will be expected to both read and discuss extensively the material. A ten page reflection paper on a mutually agreeable subject related to Justice Holmes is required. The reflection paper will be based solely on the readings for the course and will not involve any outside research. Students will present their draft reflection papers on the final two sessions of the course. Final drafts of the papers will be due on the last day of classes for the semester. (Waller)
171 - Comparative Criminal Procedure (2) This course counts as a Perspective Elective Course.
The Bill of Rights and the exclusionary rule are the characteristic features of the investigation and prosecution of criminal cases in the United States. Their impact is felt in every phase, from search and seizure and interrogation to jury selection, allocation of the burden of proof and impeachment. This course will review the various points at which the exclusionary rule impinges upon the investigation and trial of an American criminal case and will compare the American approach with the Italian system, and with the system of other European countries. Classroom discussions and readings will be supplemented with guest lectures by Italian officials and by observations of various phases of the Italian system. (Carey)
This course counts as a Perspective Elective Course.
This course is designed to introduce students to the purposes, methodologies and substance of comparative law as a legal discipline. The course will give students a grounding in the nature and the elements of the practice of law in different legal systems; develop in students an appreciation of the social, political, historical, economic and cultural factors that are reflected in various legal systems; and prepare students for the study of more specialized courses in the comparative law area. Students will study and compare legal systems in the common law tradition (not just the U.S. but also the U.K. and possibly India and/or other countries) and those in the civil law tradition derived from ancient Roman law (looking primarily at France, Germany, Italy, and probably Chile and perhaps other countries). Through this course, students should come to appreciate how all modern legal systems, and the actors in those systems (lawyers and judges), address the same human problems - and how their methodologies differ based on interconnected factors of legal education, the nature of legal practice, legal institutions, and the society and culture in which they operate. (Haney, McCormack)
174 - Comparative Jurisprudence (1)
This course will discuss in a seminar format the fundamental concepts of justice and judgment as they have emerged in art, literature, music, law, and philosophy. Texts of St. Thomas Aquinas, St. Isidore of Seville, Hugo Grotius, and other works will be included. The course will pay special attention to society's concepts of justice and judgment as expressed in the Italian artistic depictions of the last judgment both in paintings and music. Paintings of the Giudizio Universale and Giudizio Finale (particularly those of Beata Anglelico, Nicolo e Giovanni, and Michelangelo) and musical settings of the Dies Irae (Gregorian and Verdi among other) will be included. Additionally, we will have as guests Italian lawyers and judges to discuss these topics. (Donnelly)
175 - Alternative Dispute Resolution (Kent) (2)
This course provides an introduction to negotiation, mediation, and arbitration as alternatives to traditional litigation, and studies the ADR movement in general. The course will combine lectures and class discussions based upon assigned readings with a series of increasingly complex simulated exercises, with the goal of exposing students to the theory and practice of various ADR techniques. You may not take this course if you have taken either negotiations or mediation.
*Full time or part time Loyola students, who have completed their first year of legal studies, may enroll in one or more of a select group of 10 classes taught at Kent. These classes will not be curved and will be graded by name. Although these classes will be taught at Kent by Kent professors, you can enroll in them through LOCUS, as you would any other Loyola class. If you have questions about the courses offered and their prerequisites, please contact Assistant Dean, Stephen Sowle at ssowle@kentlaw.edu
176 - Introduction to International Trade and U.S. Customs Law - Amadon
The goal of this course is to provide students with an overview of International Trade and U.S. Customs law, in its domestic and international contexts. Students should be prepared to learn about the basics of international organizations that play a role in trade; U.S. governmental agencies and their roles in international trade; U.S. Customs law and compliance issues. The class will also cover how a client's non-compliance with Customs issues can incur penalties from the U.S. government and affect overall client profitability. The role of NAFTA and other free trade agreements in international trade will be discussed, in both legal and political settings. The class will also discuss how U.S. Customs law has changed in the wake of 9/11. Finally, students will receive an overview of antidumping law and the litigation of antidumping and U.S. Customs issues at the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit. (Amadon)
176 - International Trade Law - Gathii
This course is designed to familiarize the students with the regulatory system of international trade. Through the materials discussed in the course, focusing on the case law and jurisprudence of the WTO/GATT, the course is aimed at understanding the institutional framework of that system and the ways in which it functions. In addition the course deals with a large number of substantive issues on the international trade agenda.
While the course is focused on legal theory and doctrine of international trade, we will approach each and every topic from economic and social perspectives. Thus, the course is designed to follow a truly interdisciplinary tour of the relevant subject-matter.
The issues covered in the course include: Theory and Policy of International Trade; The Legal Structure of the GATT/WTO System; Dispute Settlement; The Most-Favored-Nation (MFN) Principle; Multilateralism and Regionalism; The National Treatment Clause; Escape Clauses and Safeguards; Article XX Exceptions and whether they include human rights rationales for deviating from otherwise binding obligations; Dumping and Antidumping Law; Subsidies and Countervailing Duties; Trade and Intellectual Property Rights: the TRIPS Agreement and access to essential medicines in particular; Trade in Services: the GATS; Trade and the environment; as well as Trade and development. (Gathii)
179 - The Law of Jury Selection (2)
This course counts as a Skills Course.
This course will focus on various legal and practical considerations that attorneys must face both during and following the jury selection process. The course will cover: Constitutional issues; what must be proven to establish bias; the role of trial consultants (particularly in high profile cases); challenges to the array, challenges for cause and peremptory challenges; timing and procedural limitations; the significance of group dynamics; questioning techniques and the use of questionnaires; problems at trial and during deliberations; and the extent to which the parties may be entitled to examine prospective jurors in various areas of inquiry (such as occupation, education, knowledge of the case, legal and government experience, religious and educational beliefs). Students will participate in a mock voir dire, prepare a draft questionnaire and complete a brief (5-7 page) paper on a topic to be selected in consultation with the instructor. (Donner)
181 - Supreme Court Seminar (4)
The aim of this seminar is to provide students with a deeper appreciation of the work and workings of the Supreme Court of the United States and its place in the American system of government. Students will acquire an understanding of the Court's case selection process by participating in a simulation of the Court's conference and discussing a number of pending or recent petitions for certiorari, deciding which petitions should be granted, and explaining why. In addition, students will acquire an understanding of the Court's merits or oral argument docket by taking the roles of of Justices and advocates in the oral argument, discussion and decision of several cases now pending before the Court. Paper will be required. (Sullivan)
This course will introduce students to an array of legal and social issues associated with gambling. Topics will include casino gambling in Illinois, administrative law involving licensing, investigations, adjudications and due process, problem gambling, rulemaking, Indian gaming, internet gaming and associated issues. Various statutes, cases, articles, Attorney General Opinions and rules will be examined and discussed. Guest speakers may be utilized to emphasize a particular topic. (Fries)
This course counts as a Skills Course.
Art Law Practicum is a one-credit research oriented course, focusing on the transactional aspects of collecting art. Students will be responsible for developing the doctrinal foundations of relevant law (chosen by the professor in conjunction with the student) from the perspective of art ownership and then preparing appropriate documentation for the transaction. The topics will be developed from the chronological time line of acquisition, ownership and disposition. Students may work alone or in a group, and will be expected to present the results of their research to the group. (Instructor permission required) (Rhodes)
184 - Advanced Litigation Skills (2)
This course counts as a Skills Course.
Learning litigation skills task-by-task can leave the young practitioner with little guidance on how to form the overall strategy necessary to develop and present an effective civil case. While covering a wide range of specific skills, including final pretrial preparation, the pretrial uses of opening statement and closing argument, the careful researching of local rules of procedure, techniques for examining witnesses, emphasis in the use of discovery tools, techniques for oral argument and applying a structured approach to settlement negotiations, this course will emphasize the aspects of these skills that support an overall civil litigation strategy. This course will require students to review a variety of materials in preparation for class, to participate in certain in-class exercises and to submit certain written work during the course of the term. Evaluation of each student's performance will be based on in-class exercises and written work during the course of the term. (Herbert)
185 - Business and the Law (enrollment limited to first-year students)(3)
This course counts as a Perspective Elective Course.
The majority of practicing lawyers represent businesses or individuals with business or investment interests. Unfortunately, the majority of law students have had limited exposure to business law and the first year curriculum offers few opportunities to explore this area. This course is intended to expose first year law students to the fundamental issues and perspectives that pervade business law. The goal is to make these topics accessible to all students, particularly those who have not taken many, if any, undergraduate courses in business, economics or accounting.
The course will be divided into three segments. The first segment, entitled "The Law of Business," will introduce students to fundamental business and tax law concepts as well as transactional issues that business lawyers confront. These issues include the alternative ways of organizing a business (corporation, partnership or limited liability company) and the alternative ways of structuring a business acquisition or merger. The second segment, entitled "The Ethical Practice of Business Law" will explore the pressures on new lawyers to conform to an existing culture, how lawyers get into trouble, and how business law can be practiced in an ethical manner. The third segment, entitled "Developing a Financial Mindset" will introduce planning tools (e.g., the time value of money, compound interest) and the planning process in the context of both personal financial planning and business planning. Certain classes may be taught with other professors and practicing lawyers.
There will be no final exam in this course. Students will be required to take a mid-term exam and to submit a short final paper. Class participation may also be taken into account. Students will also be expected to read the Wall Street Journal on a daily basis. (Kwall)
189 - Advanced Corporate Law: Conducting Due Diligence (2)
This course counts as a Skills Course.
The process of gathering information and assessing the merits, issues, and risks associated with a business transaction is called "due diligence." Due diligence is necessary in business transactions, including mergers, acquisitions, licenses, initial public offerings, and in some instances litigation.
This course will study the due diligence that is conducted in the purchase of an existing business by examining detailed information from the seller regarding its business operations and finances. Students will learn how to conduct due diligence in the following areas, and will draft for the purchaser a detailed due diligence memo outlying the issues and risks associated with the purchase of the business as the final project:
- Organization and Good Standing
- Financial Information
- Physical Assets
- Real Estate
- Intellectual Property
- Employees and Employee Benefits
- Licenses and Permits
- Environmental Issues
- Taxes
- Material Contracts
- Product or Service Lines
- Customer Information
- Litigation
- Insurance Coverage
- Professionals
- Advisors
- Articles and Publicity (Sabol)
190, 192 - Legal Writing I & II (2-2)
193 - The Declaration of Independence in American Historic Development (2)
This Seminar will analyze the effect of the Declaration of Independence on American law and culture. We will examine why a document drafted to assert national sovereignty became so instrumental in so many civil and social spheres. Our focus will be on the manifestos' ideals about the inalienable nature of human equality, liberty, and life. Among other subjects we will be discussing the constructs of self-governance, suffrage, race, gender, nationality, and citizenship. Readings will analyze how the document influenced social movements' advocacy for structural, legal change. (Tsesis)
194 - Intensive Legal Writing Workshop (2)
This course counts as a Bar Course.
This course builds on the skills developed in your first year writing course. The focus of the course is how to organize and analyze facts and legal resources and put together a cohesive written product while working within a strict time deadline. The exercises will also help you in your preparing for writing well-constructed essays on the bar examination. Specifically, this course will cover: (1) critical reading and analysis of statutory, administrative and case law research; (2) sorting, using and organizing facts; (3) organization and structure of essays; and (4) objective and persuasive writing skills. Because the only way to develop writing skills is through practice, this course offers you ample opportunity for practice and feedback. Be prepared to write in each class under the time constraints that are inherent in the bar examination. Although the problems mimic those type of essays you might encounter on the bar examination, the course also helps strengthen your overall analytical and writing skills.
The course will require students to: (1) sort detailed factual materials and separate relevant from irrelevant facts; (2) analyze statutory, case, and administrative materials for relevant principles of law; (3) apply the relevant law to the relevant facts in a manner likely to resolve a client's problems; (4) communicate effectively in writing; and (5) complete this task within time constraints.
195 - International and Comparative Antitrust Law (2)
This module explores the internationalization of competition law in the context of globalization and international trade. It examines the regulatory framework governing competition among firms internationally, identifying and analyzing the existing limitations and challenges in this regard. In particular, it looks into rules governing extraterritorial jurisdiction, discovery, recognition and enforcement of judgements in the international context. It also explores issues pertaining to merger review, trade and competition interface and the existing cooperation between antitrust agencies. The course is comparative in nature and focuses predominantly on US Antitrust and EU Competition Law. No prior knowledge of competition law (antitrust) or international economic law is assumed. (Martyniszyn)
Assessment: Class participation (10%), two small class presentations (10% each, in total 20%), 6500 words essay (70%)
Note: for the purposes of this module students may be required to watch Hollywood movies and YouTube clips!
197 - Advanced Business Organizations, Including a Comparative Perspective (2)
This course counts as a Bar Course.
This course focuses on U.S. corporate law and governance. It begins with an introduction to the different legal issues encountered in business entities across jurisdictions: agency problems between (1) directors and shareholders, (2) majority and minority shareholders, and (3) shareholders and other stakeholders (employees, creditors, the State, etc). It then turns to the three agency problems as they arise in private or publicly held corporations. This covers the questions of allocation of powers between shareholders and the board, directors’ elections, executive compensation, self-dealing transactions, freeze-out transactions, mergers and acquisitions, fiduciary duties and participation of other stakeholders in the corporate governance. For each topic, we will define the legal issues involved and examine how U.S. statutory and case law respond to them. We will also take a comparative perspective to analyze how other jurisdictions respond to the same legal issues. The comparison will thus provide students with a better understanding of American law of corporations. The course covers the most recent legislative and regulatory initiatives pertaining to Corporate Governance. It is highly recommended that students have previously completed a course in basic corporate law. Grades will be based on participation and on a take-home exam (Champetier de Ribes-Justeau).
198 - The Fundamentals of School Law (2)
This course provides an overview of statutory, administrative and case law affecting Illinois school districts. Legal issues addressed include: powers and duties of the school board; compliance with open records and open meetings laws; teacher tenure, evaluation, reduction-in-force, and for cause dismissal; collective bargaining and labor dispute resolution; legal aspects of supervision, teacher/school liability, common law and statutory immunities; mandated child abuse reporting. Student issues include state law requirements pertinent to residency; discipline, drugs/weapons offenses, suspension and expulsion; federal and state student confidentiality laws. (Hirsman)