200 Level Courses
200 - Public International Law (1)
This course counts as a Perspective Elective Course.
This course introduces the structure of the international legal system, including the role of international organizations and international limits on national power. The course examines a number of topics of current and continuing interest in international law, such as the law of the sea, the peaceful settlement of disputes, and the use of force. (Haney)
202 - Summer Institute on Aging (2)
This four-day interdisciplinary course features faculty and guest speakers from a variety of disciplines and is open to professionals as well as Loyola law and graduate students. The focus of the course differs each summer, with recent topics covering the effects of Alzheimer's disease and Long Term Care issues. Through simulations and group work, this course provides an excellent opportunity for true interdisciplinary collaboration. This course counts towards the requirements for the certificate in Health Law. (Angelari)
203 - Introduction to Anglo-American Jurisprudence (2)
The United States is the heir of the Liberal Legal Tradition derived from England. In this class we will explore the origins of this tradition in the writings of Locke, Jefferson and the Federalists. We will also explore the questions raised by these readings. These include: What is the nature of law and of legal obligation? What is the relationship between law and morality? What are the limits of law and how can the present boundaries of law be challenged? We will also read several more contemporary thinkers such as H.L.A. Hart, Lon Fuller, Ronald Dworkin, and John Finnis, among others. Students will also have the opportunity to explore how these general theories about law might affect their individual approaches as a lawyer or judge in particular concrete cases. The goal of the course is that students will emerge with a better understanding of the principles that underlie the legal system in which they will soon practice. (Breen)
204 - Adoption Law Seminar (1)
This course counts as a Skills Course.
This is a seminar course which will give the student an overview and basic understanding of the fundamental legal principles of adoption. A different adoption topic will be covered every week, including the different types of adoption, for example, domestic, international, special needs, coparent adoptions. Social and financial aspects of adoption will be presented. Issues in reproductive technology will also be discussed including donor gametes (egg and sperm donation) and embryo donation. Students will write a paper on a topic provided by the instructor. (Bush-Joseph)
205 - Jurisprudence (Kent) (2)
Many people submit to the law simply because they believe that the institutions administering it are just. But what if a law itself is unjust? The duty to obey law presupposes that laws are both consistent and just: because they sometime aren't, difficult cases arise in which appeals to a higher political morality become necessary if justice is to be served. But what is this higher political morality and what is its connection to the institutions we rely upon to do justice and protect our human rights as well as to the laws that are actually produced? Is this higher political morality the morality of our society or something broader? And, if it is something broader, how do we discover what it is? In this course, we will attempt to answer these and other questions by considering the relationship between legal and political philosophy, showing how the former is incomplete without the latter. Taking the problem of how to solve difficult cases as our point of departure, we will look at the inherent incompleteness of conventional theories of law with the idea of developing a meta-theory that would enable judges to decide difficult cases by drawing upon the best available theory of politics appropriate to the case's level of abstraction. By so doing, it is hoped that we will be able to produce resolutions for some kinds of controversial cases and open doors to the way we should think about others. It is also hoped that the course will provide an avenue for a broad critique of the way legal and political institutions operate including the way law schools educate and judges actually decide cases.
*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.
206 - Comparative Civil Liberties (1)
The course will compare and contrast, from both a theoretical and doctrinal perspective, civil liberties in the United States and other countries/regional organizations, with special emphasis on the European Convention on Human Rights. Topics to be covered include freedom of speech, freedom of religion, and other substantive and procedural aspects of liberty and equality. The course will conclude with an examination of the potential impact of proposed global anti-terrorism policies and practices on civil liberties and civil rights. (Geraghty)
This course counts as a Perspective Elective Skills Course.
The course will explore First Amendment jurisprudence as applied to Internet communications as well as the regulation of Internet content in such contexts as incitement, speech that promotes or facilitates criminal acts, true threats, matters relating to national security, obscenity, indecency, and child pornography. Other topics covered include on-line defamation, including immunities under Section 230 of the Communications Decency Act and claims involving anonymous communications, privacy interests, data mining, on-line profiling, as well as regulatory and statutory approaches to privacy protections. Some attention will be paid to copyright and trademark claims, disputes relating to domain names, and the Digital Millennium Copyright Act. This course will be a 2 hour course with an examination. Students interested in writing a paper may do so for an additional hour of credit. (Shoenberger)
208 - The World Trade Organization (1)
The World Trade Organization (1). The World Trade Organization is one of the most important, significant and powerful international organizations, setting the basic rules for international trade in goods and services in the global economy. This course is an introduction to the history, basic rules, and future of the WTO as well as the WTO's unique system of dispute resolution. (Waller)
209 - Law, Life and Jesuit Spirituality (2)
Drawing from the clinical legal experience of the student, this course will be a seminar which examines Jesuit documents and Sacred Scripture as objective criteria for class discussion. The goal of the course is to formulate and hone the skill of personal reflection and contemplation as the means of developing personal spirituality from a Jesuit perspective. Students will be expected to actively participate in classroom discussion, maintain a weekly journal, and present a summary paper at the end of the course. (Costello)
This course counts as a Bar Course.
An evaluation of the rules used to present information to a fact finder in a trial. The three primary units are the rules of relevancy, the rules governing witnesses, and the rule against hearsay. In addition, time is spent on privileges, writings, and demonstrative evidence. The Federal Rules of Evidence provide the focus. (Carey, Elward, Howlett)
211 - Federal Jurisdiction (3)
This course provides an in-depth analysis of the rules of federalism concerning the relationship of the federal court system to the other branches of government, and to the state court system. U.S. Supreme Court review and review in the Courts of Appeal are discussed. The power of Congress over the federal courts, jurisdiction of the courts, legislative courts, sovereign immunity, habeas corpus, civil rights actions, abstention, the federal common law, and federal injunctions against state court proceedings are also covered. (Bronsteen, Michael)
212 - Civil Rights, Conflicts and Context (2)
This seminar will examine the significant cases, statutes and historical context involved in the pursuit of the promises of the Declaration of Independence and our Constitution, with an emphasis on equality issues. Requirements for students in the seminar will involve significant class participation, a presentation and a short paper. Constitutional Law I and II are pre-requisites. (Howlett)
214 - The Policies and Politics of U.S. Immigration Law (2)
This course focuses on the policies and the politics underpinning the U.S. immigration laws, rather than on immigration law itself. Each year the course would focus on a limited number of key issues in the current public debate on national immigration policy; such issues could include the impact of immigration policies on national politics and elections; the impact of immigration on the environment; how NAFTA has affected immigration from Mexico; employment-based aspects of immigration policy and the protection of U.S. jobs; U.S. refugee policies; and others. Local and national speakers will be invited to address these issues in a public forum at the law school; students in the course will discuss the issues in class before and after the speakers and will choose one of the topics for a research paper. (McCormick)
215 - Domestic Violence Courthouse Practicum (Kent) (2)
This course will offer a clinic-style experience working with clients who have been victims of domestic violence. After initial training and instruction about the dynamics of domestic violence, the Illinois law governing protection orders, and the operation of the domestic violence courthouse, students will work with clients at the courthouse (555 W. Harrison, two blocks from the law school) for six hours per week. Work with the clients at the courthouse will include helping clients fill out petitions for emergency protection orders, advising clients on their cases, and perhaps even speaking for clients in court.
*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.
216 - International and Comparative Elder Law (1)
This course explores issues in elder law from an international and comparative perspective. The course contrasts American and European law on a number of issues including guardianship, advance directives, long-term care, elder abuse, income maintenance, and property management. The course will also examine relevant international treaties such as the Hague Convention on the International Protection of Adults. (Angelari)
217 - International Law and Policy Refugees and Internally Displaced Peoples (1)
The course focuses on the international laws and policies currently in place to provide asylum and support to those people forced out of their own country or those displaced within their own country by war or armed conflict. Non-Governmental Agencies [NGO] throughout the world, but particularly in the Balkans, provide casework studies of the effectiveness of refugee relief and protection. (Howlett)
218 - Topics in the Development of the Common Law: From Hastings to Brussels (1)
Topics in the Development of the Common Law: From Hastings to Brussels (1). This course is designed to introduce students to the early development of the common law and legal structures in England. It is a particularly timely survey for students who will study in Oxford later in the summer program. Topics will include the development of the legal profession, chancery and the jury system. Attention also will be given to the modern English legal professions, legal education, the court structure of England and Wales and the relationships between modern European Institutions and the legal institutions of England and Wales. (Faught)
219 - Biotechnology, Biopharmaceutical and Intellectual Property Rights (2)
This course will systematically explore the central intellectual property issues raised by biotechnological and pharmaceutical developments. It will address patent, trade secret, trademark and contractual protection in both basic biomedical science and in more applied medical invention. The course will also examine the intersection of biotechnology, biopharmaceuticals and information technology in such fields as genomics and proteomics. It will conclude with an examination of significant topical issues, including the increasingly proprietary nature of university-based research; the interface of patent and antitrust; and biopharmaceutical access issues, both domestic and international. Either the Intellectual Property survey course or the Patent Law Seminar is a prerequisite. Although a background in the biological sciences is not required, students should be prepared to learn basic information about molecular biology.
220 - First Amendment Rights (3)
This course examines the history, theory, and jurisprudence of the First Amendment, with particular emphasis on the speech, press and religion clauses. (Nowak, Raphael, Tsesis)
This course examines the rules by which federal administrative agencies operate, including the source of administrative authority and procedures governing the exercise of that authority, and considers problems of delegation, agency, rulemaking, adjudication and enforcement powers, judicial review of administrative action, and due process requirements. (Bloom, Geraghty, Shoenberger)
223 - Constitutional History (3)
The principal materials include the records left by James Madison from the Constitutional Convention of 1787, the Lincoln-Douglas Debates, and/or records of constitutional controversies at various times in our history. The course examines such records primarily with the Constitution in mind to see how various provisions evolved. (Anastaplo)
224 - Art Law and the Collector (1)
This course examines legal issues in the trade of art from the perspective of the private collector. It explores collecting from the transactional time frames of purchase, ownership, and disposition by sale, gift, or at death. It also considers international conventions and treaties, codes of ethics, local and federal laws concerning art ownership, and tax issues. (Rhodes)
226 - Negotiating and Drafting a Retail Lease (2)
This course counts as Experiential Learning and a Skills Course.
This course will examine the basics of retail leasing by studying a sample lease. Students will learn both the Landlord's and Tenant's perspective of a lease by negotiating and drafting lease provisions for both parties. Each week the students will participate in a mock negotiation of the provisions studied the previous week. The only text for this course will be a sample lease which will be provided by instructor. (Kelly)
228 - Sexual Harassment Law (2)
This course focuses on the development of legal theory, precedent, and governmental regulation of sexual harassment in the workplace, educational institutions, and public accommodations. Students will learn about the continuing evolution of sexual harassment law regarding male-on-male harassment, unionized workplaces, intersectionality of race and gender, and vicarious liability. Skills used by attorneys who practice in this area will be discussed, including litigation, alternative dispute resolution, policy development, investigation, and training. Additionally, the class will take a critical look at conceptions and misconceptions regarding this legal issue in other arenas such as culture and politics.
229 - Securities Litigation Seminar (3)
This seminar integrates advanced theoretical securities law concepts with sophisticated practical litigation skills training. The course covers controversial issues undergirding the antifraud provisions of the Securities Act of 1933, the Securities Exchange Act of 1934, the Williams Act and the Private Securities Litigation Reform Act, including scienter, reliance, fraud on the market, truth on the market, causation and damages. In addition, the seminar exposes students to the theoretical and practical aspects of settlement, class recovery and attorney fees in the context of securities litigation. Throughout the course, students are required to participate through class presentations and clinical exercises. Prerequisite: Business Organizations. (Kaufman, Kopecky)
230 - Negotiable Instruments (3)
This course counts as a Bar Course.
The course examines the law of commercial paper (negotiable instruments payable in money) as codified in Articles 3 and 4 of the Uniform Commercial Code. The formal requisites of the various types of instruments are considered, as are the rights and liabilities of the several parties to such negotiable contracts. The concept and legal significance of holding in due course is treated in depth. Approximately one-third of the course concentrates on the mechanics of bank collection of checks and the related law as incorporated in Article 4 of the Code. (Breen, Tracy)
231 - Secured Transactions and Creditors' Rights (3)
This course counts as a Bar Skills Course.
This course examines the law of consensual liens on personal property under Article 9 of the Uniform Commercial Code. It deals with the use of personal property, tangible and intangible, as collateral to secure payment or performance obligations. Course materials cover creation of the security interest, validity of the security interest as against the claims of third parties, priorities of claims between competing secured parties and other lien holders, and rights upon foreclosure. Emphasis is on risk aversion and problem solving. (Tracy, Williams)
232 - Comparative Perspectives on Patent Law, Policy and Health Care (2 or 3)
This course will be a comparative exploration of how patent policies operate and intersect with policies for promoting health care and research. In particular, the fundamentals of national patent laws and international agreements will be discussed, as well as how they are applied to specific areas that directly or indirectly impact health care; for example, patents on pharmaceutical drugs, medical devices, methods of treating patients (including gene therapy) and bio-medical research tools all impact health care by effecting the incentive to develop these areas. Also, some topics will focus on the impact of patents on particular countries, such as the potential impact of enforcing patents on AIDS in S. Africa and whether patent laws can or should provide inventors a reward without comprising public health.
Because of the comparative nature of this course, students will be expected to learn patent laws of the U.S., as well as other nations. Moreover, international agreements, including the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS), and international dispute resolutions will be covered to the extent that they relate to the above topics.
There are no pre-requisites for this course. In particular, no prior knowledge of international law, or patent law is expected or required. Similarly, no technical or scientific background is presumed.
Students will be graded based on student participation, as well as written and oral projects and presentations (i.e., no final exam). Extensive in-class student participation and group projects will be required; possible projects include drafting of (mock) client memos, oral arguments before courts, drafting court or panel opinions, and conducting legislative hearings.
This class will meet once a week for two hours. The course is available for 2 or 3 credit hours. Students who wish to obtain 3 credits will be required to complete an additional assignment which will be explained in the course syllabus. (Ho)
This course will provide a comprehensive survey of basic bankruptcy law. We will devote roughly equal time to consumer bankruptcy and business bankruptcy. Throughout the course, we will touch on the economic, political, and ethical issues underlying bankruptcy's competing goals: providing overextended consumer and business debtors with a fresh start and satisfying creditors' claims in an orderly, fair way. There are no prerequisites. Students' grades will be based on classroom participation and a take-home final exam.(Krivinskas-Shepard)
This course will provide a comprehensive survey of basic bankruptcy law. There are no prerequisites. Students' grades will be based on a take-home final exam.(Rosenberg)
235 - Employment Discrimination (3)
An in-depth study of the national policy opposing discrimination in employment and the ways in which this policy is addressed by federal and state law. While the focus is Title VII of the 1964 Civil Rights Act, numerous other sources of worker protection are examined, both substantively and procedurally. (Cooper, Luetkemeyer)
236 - Entertainment and Sports Law (3)
This seminar will introduce students to the real world(s) of sports and entertainment law, examining the separate and distinct bodies of law and practices of both, while giving due to the many commonalities between the two fields, from intellectual property to professional contracts. As legal issues in both sports and entertainment law frequently appear in the headlines, this course will address up-to-the minute issues, while covering the seminal topics and cases within each, both in litigation and transaction. Guest lecturers may participate, as their schedules permit. As there will be efforts made to accommodate guests relevant to this course, the syllabus will be in flux. Further, attendance and class participation are required, making up a significant portion of the grade along with a final paper/project, as opposed to a sit-down final examination. Reading assignments can be significant on a weekly basis relevant to the upcoming week's topic. (Epstein, Saper)
237 - International and Comparative Family Law (2)
This course explores issues in family law from an international and comparative perspective. The course examines the legal relationship among children, families and the state, with special emphasis on the U.N. Convention of the Rights of the Child and other human rights documents that govern the role of government in family life. The course compares and contrasts American and European family law on a number of issues, including marriage, divorce, child custody, alternative families and adoption. The course will examine how international treaties such as the Hague Convention on the Recognition of Divorces and Legal Separations and the Hague Convention on Parental Child Abduction, and selected regional conventions including the European Convention on the Adoption of Children and the African Charter on Human and Peoples' Rights have shaped the development of domestic family law of individual nations. (Coupet)
238 - Comparative Law Seminar: Legal Systems in the Americas (3)
This course counts as Experiential Learning and a Skills Course.
This seminar introduces students to comparative law, focusing on the civil law tradition, derived from Roman law, in the context of Latin American legal systems, with particular attention to Chile. Students participate in a legal research tour of Chile over the spring break. During this week they meet with the law faculty and students at Universidad Alberto Hurtado, a Jesuit university in Santiago, as well as local lawyers, judges, and others for research on their individual topics. During the first part of the seminar, before the week in Chile, there are presentations and discussions of specific topics relating to Chile and Latin America in general. The second part of the seminar, after the return from Chile, is devoted to student presentations on the topics that they have researched in Chicago and Chile. Grades are based on program participation in Chicago and Chile, the class presentation, and the written research paper. Topics for the research paper are selected by the students, with the permission of the teachers. (Haney, Platt, Rhodes)
For more information on the Chile experience, click here.
239 - International Negotiation Skills (1)
This course will combine lecture and classroom negotiation exercises. The first half of each class will be in the lecture format and focus on the following topics: introduction to negotiation; approaches to negotiation; ethical rules in negotiation; skills necessary for negotiation; negotiating styles; verbal v. nonverbal communication; and how negotiation is conducted in Western Europe; Eastern Europe; Central and South American countries; and Asian countries. During the second half of each class, students will participate in negotiation exercises based on the lectures. (Ceko)
240 - Criminal Procedure: Investigation (3)
241 - Criminal Procedure: Adjudication (3)
This course counts as a Bar Course.
This course is designed to provide a detailed examination of the criminal judicial process, pre-trial to post-trial, and includes an examination of: prosecutorial discretion, right to bail, pre-trial motions, double jeopardy, plea bargaining, discovery, jury selection, various trial issues, appeals, and post-trial remedies. (Carey, Norton, Raphael)
244 - Cyberlaw: Introduction to Legal Issues Arising on the Internet (3)
The emergence of the Internet and digital technologies that enhance human abilities to access, store, manipulate, and transmit information has brought with it a host of new legal issues that lawyers preparing to practice in the 21st century will need to understand and address. This survey course will introduce and explore specific problems in applying law to issues arising on the Internet. Topics expected to be covered include the bounds of jurisdiction, privacy, governance and regulation, online commercial transactions, content protection (through intellectual property, contract, and technological means), and cybercrime. There are no prerequisites. Grades for the course will be based on a take home exam and class participation. (Das, Frischmann)
This course counts as a Bar Course.
This course is a study of cases, statutes, and legal principles relevant to the formation, regulation and dissolution of the family unit, and to legal obligations which arise incident to the family relationship. The course considers: antenuptial agreements, marriage, annulment, divorce, division of property incident to divorce, maintenance, custody, visitation, child support, tax law, and ethical issues. (Anderson, Coupet, Locke)
246 - Advanced Mediation Advocacy Practicum: EEOC Mediation Advocacy Project (3)
This course counts as an Experiential Learning and Skills Course.
Students will represent pro se clients in cases referred to the Mediation Program of the Equal Employment Opportunity Commission (EEOC). Working in pairs and under supervision of the instructor, students will interview and counsel the pro se clients, prepare the cases for mediation, and advocate for their clients in the mediation conference. Class time will be devoted to discussion of assigned readings, pending cases, written mediation memoranda and simulations to assure students acquire the skills needed to be effective advocates
The course is open to students who have completed at least three semesters of law school, are Rule 711-eligible (min. 51.0 credit hours), and have taken at least one interest-based, problem-solving class: Mediation Advocacy, Negotiation Workshop, Negotiation Seminar, Mediation Seminar, Alternative Dispute Resolution, Collaborative Law, or Child and Family Law Mediation. Experience competing on the INADR Mediation Team or ABA Negotiation Team also meets the prerequisite requirement. (Simon)
249 - Human Trafficking in the U.S.: Special Issues Concerning Children (2)
This interdisciplinary seminar will explore legal, social, and practical issues confronting children who are survivors of human trafficking within the United States. The seminar will begin with an overview of legal systems affecting survivors of human trafficking, including international law, U.S. criminal and immigration law, child welfare, and explore case management, services, and techniques utilized by social service providers. The course will conclude with an interdisciplinary team exercises based on a hypothetical case. Students will conduct interviews, draft an affidavit, a letter of support and/or psychological evaluation, and a policy brief. Students will be graded on team and individual written assignments. The course is open to law students and graduate level social work students. Maximum 15 students. (Kaufka Walts)
This course counts as a Bar Course.
This course is a study of the basic legal devices available for transmission of wealth at death: intestate succession, the will, "non-probate" transfers, and trusts. (McCormack, Reynolds, Rhodes, Tracy)
This course includes a study of listing agreements and the real estate broker's right to compensation, mortgages, conveyancing of property subject to mortgages, assumption of mortgage debt, redemption, foreclosure of mortgages, title assurance including title insurance and Torrens registration, condominiums and cooperatives, and Illinois land trusts. (McCormack)
252 - Personal Injury Law and Advocacy (2)
This course counts as a Skills Course.
This course will include an overview of Personal Injury law and include the intake of a new case to its final resolution. The course will include not only the law and rules but the implementation of them. Students will participate, in a meaningful way, in various in court exercises and will be challenged to understand and persuasively present their client’s case. Advocacy will discussed in detail and students should be expected to be pushed beyond their previous level of skill and comfort and learn to become “trial lawyers” rather than simply personal injury lawyers. Students will learn what it is like to “mix it up a bit” in the adversarial forum of trial work.
253 - Real Estate Conveyance (3)
The course surveys consumer law from a transactional perspective, beginning with issues of deception, including false advertising, related to consumer purchases. There is extensive coverage of the law of consumer credit, including issues of discrimination, overpriced credit and deceptive credit practices. Consumer remedies and special issues of consumer fraud on the Internet complete course coverage. The course is recommended for students interested in public interest law and/or the credit industry. (Krivinskas-Shepard, Locke)
256 - Comparative Issues in Law and Religion (2)
This course will examine the way the three Abrahamic Faiths (Islam, Judaism and Christianity) consider legal and policy issues. For instance we will look at the three faiths regarding various issues surrounding human rights and life and death issues such as: justified uses of war and violence; conscientious objection; end of life issues; capital punishment; criminal responsibility for causing death; positive duties to the poor and needy; and how the common good is described by the three religions. How do the three faiths envision translating their perspectives on the issues into civil law, and what are the proper limits on enacting religious perspectives into positive law?
257 - Seminar on Property Ownership (2)
This seminar examines how far the law will go (or how far the law can be pushed) to permit individuals unfettered control of their land and other assets, raising issues that are often characterized as pitting individual freedom against public necessity. We will approach these issues from a lawyer's point of view, as we work through a series of assignments from clients who want to maximize control over their property: e.g., (i) a religious group that wants to exclude everyone from its grounds; (ii) a corporate executive who wants to control the course of his amassed wealth through as many family generations as possible; (iii) a free-spending client who wants to insulate his remaining assets from the claims of his creditors; and (iv) a wealthy retired client who wants to avoid all taxation on her income (and later, her estate). As we determine what is legally possible, we will inevitably discuss what is socially desirable and professionally responsible. Each seminar participant will help report on an assignment like the examples above and write a short, reflective essay (approx. 10-20 pages) on a relevant topic concerning the limits of property ownership. There will be no final examination. The course should be of interest both to those who plan to represent wealthy clients and to those who are repelled by the thought. No prerequisites beyond Property I & II.
264 - Contract Negotiation (Comparative Law - China)
Whether you are going to hang out your own shingles, practice in a law firm or work as an in house counsel, you will need to deal with legal issues related to China. Your clients are either already in China or will soon be there. According to the most recent report of the U.S. Department of State, the United States is China's second-largest trading partner, and China is now the third-largest trading partner for the United States (after Canada and Mexico). In light of the increased presence of China in the U.S. economy, it is important for a U.S. lawyer to understand Chinese law and legal system to advise clients on the legal risks associated with doing business in or with China. This course is intended to provide an introduction of certain basic Chinese contract principles and issues related to negotiating cross border contracts involving China and the United States. We will compare and contrast the U.S. and Chinese contract law principles as part of our discussions and critically examine the two countries’ approaches in this global environment.
264 - Contract Negotiation and Drafting: Information Technology (2)
The purpose of this course is to provide contract negotiation and drafting experience to students in a "real life" setting. The students will be placed in teams and will all receive the same background facts and precedent "form" documents in order to negotiate and draft an executable agreement relating to software development, license, implementation and support and maintenance that reflects each team's negotiations. Prior experience in information technology or business is NOT required. During the course of the semester, we will work through the purpose and drafting of various provisions in the agreement. By the end of the semester, students should have a basic understanding of the structure of a business transaction in general and an IT agreement in particular. Students will be comfortable with the purpose of recitals, representations and warranties, covenants, including limitation of liability and indemnification issues. (Ross)
264 - Contract Negotiation and Drafting (2)
The purpose of this course is to provide exposure to contract drafting and negotiation to students with an interest in transactional law. During the course of the semester we will examine the purpose and process of drafting documents. We will also spend time discussing the business side of transactional law and how best to work with and counsel clients. In some instances, we will start with form documents borrowed from prior transactions (precedent) and we will revise these documents to reflect the particular facts and circumstances surrounding our transaction. In other instances we will work through drafting a document from scratch. Finally, we will spend time reviewing and revising existing documents and discussing the logistics of working through a variety of business transactions. The course will include numerous drafting exercises and some negotiation. By the end of the semester, students should have a basic understanding of how and why contracts are drafted and negotiated. In addition, each student should be able to draft a precise and practical document for a basic business transaction. (Dunck)
265 - Comparative Corporate Law (2)
This course deals with the differing approaches between common law countries (U.S. and England) and civil law countries (particularly Spain, Germany, Mexico) in the organization of business organizations such as corporations, limited liability companies, or "GmbH". The focus of the course will be on the areas of formation, liability and fiduciary duty. (Murdock)
269 - Introduction to Islamic Law (2)
The course will begin by examining the origins of Islamic Law and its sources. Following the introduction, the course will shift to explore several substantives area of Islamic Law, such as constitutional law, family law, criminal law, and Islamic finance. These areas will be examined through a study of various cases in in the legal system of contemporary, Muslim-majority states, especially in the Middle East and Southeast Asia. The course will also explore the intersection of Islamic Law and human rights in contemporary Muslim-majority states. At the end of this course, students have to write a twenty page paper on a particular issue of Islamic Law for successful completion of the course. (Hendrianto)
270 - Business Organizations (4)
This course counts as a Bar Course.
This course gives brief treatment to agency and covers partnership as an alternative to the corporate form. Principal emphasis is on the law as it applies to the organization and functioning of corporations. The course focuses on structure and mechanics, capitalization, distributions, organic changes, and duties and liabilities of directors, officers, and controlling shareholders. The federal securities acts are introduced with particular attention to Rule 10b-5. Substantial attention is given to the special problems of the close corporation. (Kaufman, Murdock, Ramirez, Rosenberg)
273 - Licensing Intellectual Property Law (2)
In this class, students will explore the various contract terms that should be considered for inclusion in license agreements relating to intellectual property rights. The following intellectual property rights will be treated: patents; trade secrets; trademarks; and copyrights. The course will emphasize the various considerations undertaken in drafting such agreements with a focus on actually drafting relevant contract terms. After completing this course, students will be familiar with license agreements and the common terms included in those agreements and will be able to identify special concerns for each of the intellectual property rights discussed. The course will utilize business and legal cases, textbook and handouts. There is no final exam; grades will be based on assignments, final project and class participation.
274 - International Arbitration (2)
This is a one credit course taught sometimes in one of the summer programs. In this course, students will learn how international commercial arbitration works. In most international contracts, the parties agree that all disputes will be resolved by arbitration. This private dispute mechanism provides a number of advantages over litigation. One of the most important advantages is that by agreeing to arbitrate, a party avoids ending up in the other party's court system. An arbitration award is also more easily enforced in a foreign jurisdiction than a court judgment, because of an international treaty known as the New York Convention. Students will learn about the various laws and rules governing international arbitration, as well as specific, practical knowledge about arbitrating, such as how to draft an arbitration clause, how to choose an arbitral institution, how to select arbitrators, the ethical rules that apply to arbitrators, the bases for challenging arbitrators, the conduct of the arbitral hearing, rules governing admission of evidence, availability of interim measures, the grounds for vacating an award, and the means of enforcing an award. (Moses)
277 - Patent Law Litigation Seminar (2)
This course counts as a Skills Course.
This is an advanced Patent seminar that will incorporate and apply concepts introduced in the Intellectual Property survey course. The focus of this seminar is to provide students with a simulated "real-world" experience that will assist them in their subsequent practice of law. Students will be divided into plaintiffs and defendants, and the seminar will walk them through the various aspects of patent litigation from preparing the initial notice letter to arguing claim construction in a Markman hearing. In addition, students will be assigned complementary reading that helps to highlight the substantive material covered. Students will be required to draft litigation-based documents, such as complaints, answers and interrogatories. In addition, students will be required to draft a brief for a Markman hearing. Grading will be based upon these activities, as well as class participation; there will be no final exam.
Prerequisite: Students must have taken either (1) Intellectual Property (survey course); or (2) Advanced Patent Law Seminar. Please note that taking a concurrent Intellectual Property class will not satisfy the pre-requisite.
277 - Patent Law Litigation (2) - Shah, Benchell
This is an advanced patent seminar course that uses a simulated litigation format to develop further the basic concepts introduced in the survey IP class. The goal is to provide students with “real world” patent litigation experience and precedent. Students are divided into plaintiffs and defendants and will participate in various aspects of an actual patent dispute including discovery, claim construction (Markman) and summary judgment. Through this process both practical and substantive aspects of patent litigation practice are covered.
Prerequisite: Intellectual Property or Patent Law Seminar except with permission from instructor or Director of Intellectual Property Program: Prof. Ho
This course explores the integration of science into legal decisionmaking and aims to assist law students in becoming sufficiently acquainted with the scientific inquiry that is increasingly of use in all aspects of legal practice. This course will provide law students with a basic understanding of the scientific method and quantitative tools that are used in the development of public policy and litigation and will address issues of admissibility of scientific evidence in the courtroom. The course will examine, for example, how scientific inquiry differs from legal inquiry, how empirical studies are designed and conducted, and the legal relevance of statistical proof. The course will focus in particular on the use of social and behavioral sciences in the law with possible topics including insanity and diminished capacity, battered woman syndrome, children's memory and testimony, and affirmative action. There are no prerequisites for the course and prior statistical knowledge is not assumed. (Coupet)
279 - First Amendment Seminar (3)
The principal cases related to the First Amendment, particularly its speech and press provisions, will be discussed. Relevant to this inquiry will be the Anastaplo treatise, The Constitutionalist, which was published in 1971 and which is now being republished. (Anastaplo)
281 - Corporate and Partnership Tax (3)
This course is intended to follow Federal Income Tax. It focuses on the income tax consequences associated with the three principal business forms: the corporation, the partnership, and the limited liability company. The tax issues confronted at the start-up, operating and winding-down phases are examined for each business form. Prerequisite: Federal Income Tax (mandatory); Corporations is recommended. (Kwall)
282 - Accounting for Lawyers (3)
This course is intended to provide an understanding of basic accounting principles and their practical application in connection with the practice of law. There are no prerequisites and no requirement of a business background. Topics covered include fundamental principles of accounting for business enterprises; how to analyze and understand an income statement, balance sheet, and statement of cash flow; basic concepts of revenue recognition; conventions for capitalization versus expenses; and how to recognize possible manipulation of financial and accounting statements. Recent high profile accounting scandals such as Enron and WorldCom will also be explored.
283 - Constitutional Law Seminar I (3)
This seminar examines the constitution and heritage of the English-speaking peoples with a view to understanding the Constitution of the United States. A series of short papers is required. There are no prerequisites. (Anastaplo)
284 - Class Actions Seminar (2)
When many people are each harmed a small amount, no individual can sue because hiring a lawyer costs more than the lawsuit would yield. The class action empowers individuals to deter such infliction of dispersed harm. It is now used in many contexts and has become perhaps the most important and controversial mechanism for pursuing large-scale public reform via litigation. Class lawsuits raise thorny questions: they decide conclusively the rights of class members who never know of the case, they often combine plaintiffs from different jurisdictions who have been harmed differently, and they enable plaintiffs' lawyers to collude with defendants to craft settlements that benefit the lawyers at the expense of the class members. This seminar will address these and other issues, exploring how best to preserve the social benefits of class litigation while mitigating its social costs. (Bronsteen)
286 - Constitutional Law Seminar II (3)
This seminar examines further the constitutional heritage of the English-speaking people with a view to understanding the the Constitution of the United States. A series of short papers is required. There are no prerequisites.(Anastaplo)
287 - Separation of Powers Seminar (2)
From Marbury to Schiavo to the advice and consent power of the Senate, the genius of the American Constitution has been attacked, defended, relied on, strengthened or weakened by each generation. This seminar will consider the history and struggles, legal and political, that define the issues of the American division of power. Constitutional Law 1 and 2 required. Grading will be a combination of participation, presentation and paper. (Howlett)
288 - International and Comparative Employment Law (2)
This course counts as a Perspective Elective Course.
This seminar will begin with a brief baseline description of some of the most significant features of United States labor and employment law. Comparative materials will then cover the basic employment laws of Canada and Mexico. We will then look at the regional regime established in the NAFTA labor side accords. Next we will move to Europe to study the employment laws of the United Kingdom, Germany and France, followed by the regional employment laws generated by the European Union. Following that, we will look at the employment laws of Japan, China and India. The final focus of the seminar will be on International labor law, particularly the International Labor Organization. (Zimmer)
289 - Advanced Legal Research: Special Topics (1)
This course counts as a Skills Course.
This course is intended for those students interested in sharpening their legal research skills. Each semester this course will focus on research in a specific area of law, which will be announced beforehand. The number and subject of the research projects will be determined by the instructor, as will the option of requiring a midterm exam.
289 - Advanced Legal Research: Special Topics - Administrative Law (1)
This course counts as a Skills Course.
This course gives students an understanding of where administrative authority originates in the United States and how to find it in its various forms, including: constitutions, enabling statutes, agency regulations and policy, agency and court decisions, and executive orders. Attention is given to legislative history, statutes, and case law as necessary components of researching administrative law. Students will explore specific federal and state sources of administrative law; learn about the rulemaking process; research regulations, agency cases, and other administrative law using a variety of print and online sources. Students in the course are not at any disadvantage if they have not yet taken Administrative Law (Law 221).
289 - Advanced Legal Research: Special Topics: Intellectual Property Legal Research (1)
This course counts as a Skills Course.
The Advanced Legal Research–Special Topics course on intellectual property is a one credit course exploring how to research patent, trademark, copyright, trade secret, right of publicity, and other areas of intellectual property law. The course covers the following resources and topics, with an emphasis on intellectual property: treatises and other secondary sources, statutes, legislative history, case law, digests, regulations, agency publications, state law, international law, efficient and effective online searching, and research strategy.
289 - Advanced Legal Research: Foreign and International Legal Research
This course counts as a Skills Course.
This course is designed to meet the growing demand for research competency in the fields of foreign, comparative, and international law (FCIL). Students in the class will be introduced to research techniques and resources specific to these fields that will be useful in practice and academic settings. Print and electronic resources will both be discussed, but emphasis will be placed on resources in electronic format. Resources on the WWW and at Loyola will be highlighted, although students will have an opportunity to explore the international and foreign holdings of another local law library. Weekly research exercises and a final project will allow students to apply specific FCIL sources.
290 - Advanced Legal Research (1)
This course counts as a Skills Course.
Intended for those interested in sharpening their legal research skills. In addition to reviewing basic legal research, the course covers federal and Illinois legislative history, administrative research, looseleaf services, litigation materials and other research sources, using both traditional materials and computerized resources when appropriate. The student is expected to complete a series of weekly library exercises, and one or more extended research projects or writing assignments. The number and subject of the research projects will be determined by the instructor, as will the option of requiring a midterm exam. (Grant, LeBaron, Scott, Yelin)
This course surveys the field of electronic communications, from the telephone to broadcast media to the Internet. Historically, the field of communications has been divided between the traditional mass media (broadcasting, cable, satellite broadcasting) and telecommunications media (wireline and wireless telephone carriers). Today, the two general divisions are converging. One of the vehicles of that convergence is the Internet, which is capable of providing both mass media and individual communications services. This course will examine legal issues affecting all of these media. Much of the course material necessarily covers the history and theory of communications regulation as practically applied through FCC rulemakings.
This survey course presents students with the range of legal issues arising from the intersection of technology and the law. The course is highly interactive and will explore topics such the implications of internet ubiquity and jurisdictional analysis, First Amendment/free speech, electronic discovery, digital copyrights, trademarks and domain names, cyber crime, electronic privacy, e-commerce, and Internet governance. There are no prerequisites for this course. Grades for the course will be based on a mock Rule 16 conference, and in-class exam and class participation.
293 - Advanced Writing for Civil Litigation (2)
This course counts as a Skills Course.
This course focuses on writing assignments that traditionally arise in the course of civil litigation. It is designed to develop and enhance the art of precise and focused writing. With a fact pattern drawn from an actual case, students will draft and answer pleadings, discovery and dispositive motions. The course will also address client communications, settlement and litigation alternatives. Class time will be a mixture of lecture, class discussion, exercises and guest speakers. (Gilbert, Legner, Mason)
293 - Advanced Writing for Litigation: Illinois Civil and Criminal Litigation (2)
This course focuses on the development of skills necessary for particular writing assignments that arise in the course of a civil lawsuit or a criminal prosecution. While writing well in litigation is important in itself, it also contributes to a litigator’s skill as an oral advocate. Moreover, practice in oral advocacy contributes to a litigator’s effectiveness as a writer. For this reason, this course will require the student to participate in oral advocacy exercises as well as undertake specific writing assignments.
The course is designed the student with a strong sense of the overall strategy necessary to be effective in the development and presentation of a case. It will cover a wide range of skills, including the drafting of complaints, the preparation and presentation of motions, opening statements and closing arguments, the careful researching of local rules, the drafting of memoranda, the development of techniques for examining witnesses, the use of discovery tools and the application of a structured approach to settlement negotiations. In addition to the writing associated with these skills, the course will focus on the aspects of these skills that support an overall litigation strategy. (Herbert)
293 - Advanced Writing for Employment Discrimination Litigation (2)
This course counts as a Skills Course.
The course is designed to expose the student to the arc of an employment case – from demand letter through summary judgment ruling, from both the plaintiff and defense perspective. Students will have the opportunity to draft a variety of documents typical in an employment case, alternating between documents submitted by the plaintiff and those submitted by the defense.
In addition to providing students with experience drafting practical documents, the course will focus on the procedural mechanics and strategies of litigating an employment case, as well as on substantive employment law topics.
293 - Advanced Writing for Litigation: Civil Litigation Law (1)
This specialized writing course will focus on the writing and drafting skills that nearly all attorneys require, particularly those entering the world of litigation. Students will learn how to draft and answer complaints, interrogatories, requests to produce, Motions to Dismiss, Motions for Summary Judgment, and other frequently utilized motions. This class is intended to give students a greater understanding of the practical and theoretical import of drafting pleadings and written discovery, including the eventual effect these documents have at trial. Students take what they learn in theory and immediately put it into practice, learning from actual complaints, answers, motions, and written discovery. The emphasis will be on Illinois Civil Procedure rules. 40% of the grade in this course is based on class participation. 60% is based on a written assignments. (Caldwell)
Text
Course packet prepared by Professor Caldwell.
294 - International Human Rights (2)
This course counts as a Perspective Elective Course.
This course examines the civil, political, economic and other rights secured to individuals and groups by international law. It examines the major source of those rights, including the United Nations and regional organizations, and it discusses the substantive content of those rights. Particular attention is given to how those rights are enforced, from judicial decision in national and international tribunals through other mechanisms developed in various international and regional settings, including the role of NGOs. No prerequisite. (Haney, Shoenberger)
296 - Legal Writing Tutors (2)
This course counts as a Non-Graded Course.
Legal Writing tutors work with students in the first-year writing program. They attend all classes of their Legal Writing section, hold regular office hours, and help students develop their research and writing skills. (Perlin).
298 - Contracts in Complex Commercial Transactions (2)
This course counts as a Experiential Learning Course.
This course provides students with an introduction to contract concepts and terminology and exposes them to legal drafting techniques that will be useful in the private practice of law. Contract drafting requires more than knowing the legal boundaries within which parties operate. Lawyers also need advanced writing skills and an in-depth understanding of the building blocks of contracts and the functions of contract types and clauses. Attorneys must also pay attention to incentives, risks, and other strategic aspects of the underlying deal. This course will introduce students to selected documents used in various business deals and emphasize contract drafting through exercises that reflect the adversarial drafting of commercial contracts.
299 - Critical Legal Studies (2)
Critical Legal Studies posits that the influence of the social construct of race in America is ubiquitous, including in law. Moreover, it suggests that so-called color blind law-making is unlikely to address the most important means by which race continues to operate to oppress many persons in America. Finally, it teaches that racial reform occurs only in accordance with the interests of those with political and economic power. This course will survey the key scholarly works that form the basis for these precepts and seek to test these positions against the reality of race in America today. (Ramirez)