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Loyola University Chicago

Registrar

School of Law

Courses A - C

Non-Graded

Academic tutors assist first-year students with their doctrinal courses. This assistance includes holding office hours, reviewing outlines, and conducting skills workshops. Tutors are selected through an interview process.

Academic Tutors receive two hours of ungraded credit for each semester in which they tutor.

Instructor approval (Brendel/Becker) required.

Skills

Perspective Elective

Experiential Learning

Access to Health Care is a seven-week course exploring the legal, political, environmental, financial and medical issues surrounding access to health in the United States and internationally, with particular emphasis on people who are experiencing poverty and the uninsured. The course is complemented with a required spring break field study to an impoverished region in the United States or abroad. 

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.

This course focuses on the roles of federal and state agencies and government branches in regulating health care.  Students will learn the fundamentals of administrative law through a health care lens.  Topics covered will include government rulemaking, investigations, and enforcement.  Students will learn how to locate and understand the interplay of sources of administrative law and analyze statutes and regulations. (Meites)

The course focuses on the role of federal and state agencies and government branches in regulating health care. Students will learn the fundamentals of administrative law through a health care lens. Topics covered will include government rulemaking, investigations, and enforcement. Students will learn how to locate and understand the interplay of sources of administrative law and analyze statutes and regulations. (LLM only or with permission.) THIS CLASS IS ONLY AVAILABLE ONLINE AND WITH PERMISSION

Skills

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, co-parent 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)

Skills

The course will focus on the substantive and procedural elements of the various forms of alternative dispute resolution techniques in the United States. The class will cover arbitration, negotiations, mediation, mini-trials, non-binding arbitration using legal assistance, and the role of counsel in each of these processes. A significant amount of class time will deal with mediation as well as both administered and non-administered arbitration. The class will address established principles or arbitration law, the various types of arbitrations, the rules governing arbitration, the role of counsel in the processes, as well as the power, responsibilities and ethical requirements of both mediators and arbitrators. The course will combine a traditional lecture format with practical experience designed to provide the student with a strong substantive basis in mediation and arbitration, as well as clinical experience with several mock mediations and arbitrations interspersed during the course term. (Moritz)

This course is intended for LL.M. students, but J.D. student may be permitted to take the class with instructor permission. The course begins where traditional legal writing and advocacy courses leave off, teaching advanced legal research strategies, brief writing, oral argument technique, and the components of appellate procedure. Students will be required to compose appellate briefs and to deliver oral arguments.

Skills

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 (say-on-pay), self-dealing transactions, going private 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 as well as the most recent case law pertaining to Corporate Governance. Grades will be based on participation and on written exam (Champetier de Ribes-Justeau).

Skills

Student must be eligible for a 711 license to participate.

This capstone course focuses on the legal and practical challenges relating to the provision of health care at the end of life, with a particular emphasis on patients’ authority to direct treatment once they are no longer able to communicate their own wishes directly. Students will learn the substantive law of patient rights and advance care planning, work with physicians to understand ethical challenges in end-of-life care, engage in client representation for patients living with HIV/AIDS, and develop model policies for an Illinois healthcare institution. The legal skills practiced in this course are transferrable to the practice of law in any setting. 

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 motion practice, briefing and discovery - with particular emphasis on writing - so that they will be more effective associates on their first day of practice. The course will address topics including: (i) conducting factual investigations preceding and during litigation; (ii) drafting initial pleadings, such as complaints and answers; (iii) drafting and responding to motions attacking the sufficiency of a complaint; (iv) drafting and responding to written discovery requests; (v) producing documents and related issues; (vi) handling discovery disputes; (vii) conducting and defending expert discovery; and (vii) drafting and responding to summary-judgment motions. This course will also cover applicable procedural rules, and related topics such as civility when dealing with opposing counsel, courtroom demeanor and interaction with clients and more senior attorneys.

Bar

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.

Skills

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)

Skills

This course follows Corporate and Partnership Tax. The principal focus is on taxable and nontaxable acquisitions of a corporate business. The first part of the course focuses on taxable asset sales and stock sales; the second part explores and analyzes the detailed statutory and common law requirements with respect to "non-taxable" acquisitive reorganizations (mergers, stock/asset acquisitions), "nontaxable" divisive reorganizations (spinoffs, split-offs, split-ups) and other nontaxable corporate adjustments (recapitalizations, reincorporations). Please note: Corporate and Partnership Tax is a pre-requisite for this course.(Kwall)

Skills

This course is designed to train student lawyers in the art of persuasive presentation and storytelling. Training will focus on the goal of persuading juries and engaging witnesses by presenting complex material with the ease of a conversation. In the first segment, students will learn also how to use vocal inflection and body language to tell the story between the words, project confidence while remaining flexible, and how insight, point of view, clear language, and mental/emotional connection equal authenticity. Courtroom delivery is examined through principles that apply to all spoken interaction: use of space, use of visuals, use of time. The second segment of the course focuses on effective storytelling for litigation. Students will learn how to construct powerful stories that illustrate critical aspects of the case, and develop a practical understanding of theming and use of character point of view. The course focuses concepts drawn from great political orators, theatrical performance, and public speaking. Students learn the practical skills that apply to openings, closings, witness interrogation, and prospective client interviews. Each day includes both lecture and practical workshop components. Students will prepare and deliver an original opening statement on the third day.

Experiential Learning

This course offers an in-depth study of three important areas in the presentation of evidence at trial: character (e.g., habit, routine and prior bad acts, as well as traditional character traits), hearsay, and expert testimony. Although not a "techniques" course, students will be called upon to participate actively in the class discussions and simulation. (Elward)

Experiential Learning

Skills

Students who successfully completed the Health Justice Policy course may enroll in the Advanced Health Justice Policy course, in which they will continue to serve as legislative student lawyers. Faculty permission required.

Experiential Learning

Skills

Students who have successfully completed the Health Justice Project clinic may enroll in the Advanced Health Justice course, in which they will continue to represent clients and complete projects responsive to the needs identified during their clinical experience.  Faculty permission required.

Skills

Learn everything you need to know to be a successful associate in a domestic relations firm. Most family law firms have little or no training programs. Theoretical knowledge of the law is not enough to step into a firm and start practicing. This course is designed to teach you all of the practical basics Partners want you to know as an Associate family law attorney. This course addresses the practical application of the Illinois Marriage and Dissolution of Marriage Act and related statutes. Topics will focus on developing the skills necessary to excel in domestic relations practice such as strategic planning for a dissolution of marriage case, complex financial analysis, developing and maintaining the attorney client relationship, and practical drafting skills.

Skills

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)

Skills

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.

Skills

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).

Skills

This one-credit class will introduce students to the structure of Illinois law and sources for researching Illinois law.  The class will focus upon “cost effective” legal research; to that end, students will learn about print and free online resources in addition to commercial databases.  The class will consist of weekly readings and lectures/demonstrations.  Grades will be based upon class attendance and participation, weekly quizzes and short assignments, and a final project/presentation to be determined.  There will not be a comprehensive final exam. (Keefe)

Skills

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.

This course will address advanced legal writing issues that extend beyond drafting legal briefs and memoranda to prepare the student for common legal writing assignments involving correspondence and e-mail.

Specifically, this course will address professional e-mail etiquette, the analytical e-mail in comparison to the formal legal memorandum, productive communications with opposing counsel (including maintaining civility and professional decorum), and preserving client interests in dealing with non-parties.

Skills

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)

Experiential Learning 

Skills

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)

Experiential

Skills

This course is for students who have already taken and passed the Mediation Certification & Courthouse Practicum. Students in this course will further develop and build upon their mediation skills by mediating actual long model cases at the Center for Conflict Resolution, as well as short model cases at the Cook County courts. Students will turn in written case summaries and assessments after the mediations and use the classroom time to discuss and learn from each other’s mediation experiences. This is a 3-credit course. Grading is based on participation in mediations, class discussions and written work. Professor permission is required.  

Skills

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 dealt 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)

Bar

Perspective Elective

This course has several objectives. It offers the student an opportunity to study several important torts topics not usually covered in the first year, such as products liability, misrepresentation, and  business torts. It also offers an opportunity to consider whether tort law is a just and efficient way to resolve disputes and provide remedies for personal injuries and other types of harm. Perspective readings and tort reform evaluation will be included . Students also will conduct in depth research on a topic of the student’s choice and present findings to the class. The grade will be based on completion of the research paper.

Skills

Advanced Trial Practice with Courtroom Technology is an advanced trial practice course qualifying for credit towards the advocacy certificate. This three-hour, graded credit course is designed to teach students how to prepare and try cases in a modern environment. Students will learn to conduct dynamic and persuasive courtroom presentations by combining advanced trial advocacy skills with courtroom presentation tools, including Sanction II and PowerPoint. Following several weeks of advocacy and software instruction and workshops, students pair into teams to try multiple, hi-tech, mock trials. Course materials include student licenses for Sanction II. The course will be taught by Assistant United States Attorney Michael Ferrara and plaintiff's attorney Brian Monico (both Loyola alums). Trial Practice I is a course prerequisite.

This course will teach students the law and techniques used during the trial process. The course will instruct students and require them to simulate jury selection and voir dire, opening statements, witness examinations, exhibits, objections, and closing statements.

Skills

This course emphasizes and builds effective writing and communications skills in the transactional, business practice setting. The course will focus on a range of formal and informal documents and communication formats: drafting contract provisions and letters to clients and counterparties in transactional and pre-contentious settings; reviewing, interpreting, and editing the (often imperfect) contracts submitted by opposing counsel; preparing transaction task lists, due diligence memoranda or other internal communications for use by colleagues; and presentations to a board of directors or other client audience supported by written materials including PowerPoint visuals with substantive content and impact. Some attention will be given to ethics and professionalism in written content, including in the context of engagement letters with clients, declination letters with prospective clients, and conflict waivers among clients. Several sessions will also focus on special considerations when working and communicating with clients and counterparties in or from other countries where the laws, customs, practices, and language are different from our own. In-class sessions will typically be used for lecture and discussion to develop concepts and facts from selected readings and materials, which students will then incorporate in brief written assignments before the next class. Students will be graded based on written assignments and exercises and class participation. (Hagy)
 

Skills

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.

Skills

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)

Skills

This course takes students through the progression of a federal criminal case from indictment to sentencing, and gives students an understanding of what kind of written advocacy is common at each stage of the case. Students will be given practical guidance for writing persuasively at each of those stages. With fact patterns drawn from actual federal criminal cases, students will hone their skills by writing various motions and a sentencing memorandum, from the side of either the prosecution or the defense. Students will present oral argument on one of the written assignments. Students will also observe a federal court proceeding relevant to the topics covered in class.

Skills

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.

Skills

This course will give students a practical introduction to the type of work that legal aid attorneys perform by following the progression of a case from intake through a dispositive motion. Students will be asked to draft pleadings, discovery and motions to gain an understanding of what kind of advocacy is common at each stage of the litigation. Students will also participate in a mock hearing on their final motion. 

Skills

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)

Skills

This course will address advanced legal writing issues that extend beyond drafting legal briefs and memoranda to prepare the student for common legal writing assignments involving correspondence and e-mail.

Specifically, this course will address professional e-mail etiquette, the analytical e-mail in comparison to the formal legal memorandum, productive communications with opposing counsel (including maintaining civility and professional decorum), and preserving client interests in dealing with non-parties. 

Skills

This course will focus on the legal and practical issues arising from SEC Enforcement actions and parallel DOJ criminal investigations and prosecutions, with a focus on advanced legal writing. Subject areas will include: the role of the SEC in enforcing compliance with the federal securities laws; investigative tools and techniques; common types of securities fraud investigations; remedies available to the SEC; the preparation for and filing of an SEC Enforcement case in federal district court; current issues and cases relating to SEC Enforcement; and parallel DOJ criminal prosecutions of white collar crime. Students are not required or expected to have taken any securities classes prior to enrolling.  Students will be required, among other things, to draft a complaint alleging securities fraud, research and draft a brief in support of a motion for summary judgment, conduct a deposition, make a presentation to the class, discuss reading assignments in class, and actively participate in class discussions.

Skill


This is an advanced writing course offering students an opportunity to continue developing their writing and analytical skills while focusing on the legal issues that arise between the holders of valid trademarks and copyrights and those who infringe upon their rights using a practical approach of replicating the litigation process. Topics covered include the remedies found in the Lanham Act, 15 U.S.C. § 1114, et seq, and the U.S. Copyright Act of 1976, 17 U.S.C. § 501, et seq, as well as the growing complications presented by global demand and the internet. The course also focuses on the perspectives of those innocent or non-willful infringers in deciding when and how to best protect and advance the client's interests. Students will study examples of registration applications and other related documents, as well as analyze case law as they vigorously represent clients in federal court.


Knowledge of trademark and copyright principles would assist the student; however, the Intellectual Property survey course is not a requirement.

Experiential

Skills

This course continues and builds upon the course of study offered in the fall semester, Advising Not-for-Profit Organizations in Real Estate and Business Transactional Settings (LAW 545-001). Please refer to the description of that course for the general framework for this sequence of courses. Students who have not completed LAW 545-001 are welcome in this course; for those students, the instructor will hold a one-session overview at a mutually-selected date and time to provide background useful for this class.

The course will explore the role of advising not-for-profit organizations in the business and transactional context through a combination of traditional lecture and discussion, case study simulations, guest speakers, and field visits to selected not-for-profit organizations in the Chicago area, as well as individual meetings with students on directed work. Each student will be invited to select and imagine a mock client organization with a not-for-profit mission suited to the student’s interests and will have the opportunity to identify and explore individual topics relevant to not-for-profit transactions, operations, or governance.

The course's emphasis on case studies and commercial transaction scenarios is also designed again to act as a capstone course that complements and draws upon the students' prior coursework in contracts, real estate and commercial transactions, ethics and government regulation. In these ways, the course emphasizes skills relevant in any transactional project, for-profit or otherwise.

This course is offered in the spring semester. We will meet most weeks at the scheduled class time either for in-class lectures, guest lectures, or simulations, or sometimes on-site at Chicago not-for-profit organizations and with the goal of allowing travel time to accommodate student schedule constraints. Students will be graded based on class participation, written assignments and exercises, and a paper and presentation resulting from research and study on their chosen mock client and individual study topics.

Experiential

Skills

There are more than 1.5 million not-for-profit organizations in the United States alone, and more throughout the world. Not-for profit organizations contribute to society in many ways, through diverse missions from education and research, to social services, relief, and advocacy, to religion, to arts and culture. In addition to the impact made through their missions, not-for-profits as a group are significant as employers and for their contribution to the general economy as well.

Not-for-profit organizations exist to further their charitable purposes, do not distribute dividends or net revenues (having no private shareholders or owners), and often are formed and operated to qualify for Federal income tax exemption under Section 501(c)(3) or other provisions of the Internal Revenue Code. Nonetheless, they have many of the same operational needs and characteristics of any other business. They occupy space (whether owned, leased, or hosted by others). They purchase and consume goods and services from vendors and suppliers. They manage and cope with attendant risks.

Interestingly, commentators suggest that not-for-profits can be more complex to manage, and to advise, than a for-profit business. The organization may have funding constraints, staff constraints, and knowledge constraints, particularly when copying with transactions or situations that arise only occasionally or where the organization is governed or operated in whole or in part by volunteers. Not-for-profit facilities and operations can be uniquely complex (think for example about a museum, a zoo, a hospital, or a cathedral), and their diverse sources of governmental and private funding can come with extensive conditions, restrictions, and reporting requirements. They may even be offered (or accept) donated goods or services in kind, gifts that come with their own implications.

This course will explore the opportunities and challenges for lawyers involved with not-for-profit organizations, whether as paid or pro bono legal advisors, or as board members or volunteers. The course will be centered around a recurrent series of fictional clients, each a not-for-profit organization, engaged in a variety of operational and transactional situations. Each client organization will have a different mission, size, and resources, as well as mock client representatives who will have different business and style preferences, which the class will need to accommodate and will come to anticipate in fashioning and recommending solutions for each client.  There will be a particular emphasis on transactions and involving ownership, leasing, use, and operation of real estate, which (just as with many for-profit businesses) is typically the largest single category of capital investment and the second largest category of repeat expense (after total personnel costs) for many not-for-profit organizations. The course will also consider issues of legal ethics and professional conduct, as well as governance and fiduciary duty of board members, in the not-for-profit context.

The course will use traditional lecture and discussion learning techniques and case study simulation, with a major focus on transactional goals, issue spotting, transaction structuring, documentation, and implementation. The course's emphasis on case studies and commercial transaction scenarios is also designed to act as a capstone course that complements and draws upon the students' prior coursework in contracts, real estate and commercial transactions, ethics and government regulation. In these ways, the course emphasizes skills relevant in any transactional project, for-profit or otherwise.

This course is offered in the fall semester. We will meet most weeks at the scheduled class time for lectures, simulation exercises, and discussion. Students will be graded based on class participation, written assignments and exercises, and a take home examination.

This course also provides the background and framework for Advising Not-for-Profit Organizations: Business Practicum LAW 482 which is offered in the spring semester.

JD Required

This course focuses on persuasive written and oral communication skills which are necessary for critical analysis and the competent representation of all clients. Students will explore all sides of an argument, provide evaluations of the merits of particular cases, and persuade the reader/listener of the student's position. Pre-requisites: successful completion of Legal Writing I and II. (Brendel, Becker and the Advocacy faculty)

Bar

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)

Skills

Class focus will be on mediation, arbitration and other forms of Alternative Dispute Resolution, with an emphasis on learning procedural aspects of mediation and arbitration, as well as negotiation skills. This course will provide students with the opportunity to gain practical knowledge and familiarity with the different methods of alternatives to litigation. Classes will include lectures, simulations, role-playing, and outcome-based actual case studies. (Moritz)(Roethke)

Skills 

Experiential Learning

This weekend course will provide the essential skill set you will need as an entry-level deal lawyer. This is increasingly important, in light of growing client unwillingness to pay junior associate rates for attorneys to learn on the job. Facing an ever more competitive recruiting environment, it will be crucial for you to come out of the gate armed with the appropriate skill set for your chosen practice area. This course is designed to prepare you to speak intelligently in interviews and hit the ground running on the job. To this end, the focus of each class will be how to perform due diligence and how to draft resolutions, third-party opinion letters, and closing documents – tasks commonly assigned to junior associates. You will also study sample agreements that appear in many different types of deals, including commitment papers, indemnities, guaranties, escrows, pledge agreements and security agreements. When appropriate, we will invite guest lecturers to join us to provide real life insights into the transactional law practice.

Non-Graded

Open to:  JD students by permission only. Prerequisites: none.  Annals of Health Law Executive Editors are solely responsible for the management of the entire process of publication of the Annals, including selecting the staff, communicating with authors, and performing final edits on all articles before publication.  Additionally, Executive Editors oversee the planning of the annual symposium, maintain the website, and work on other special projects.  These selected positions require immense dedication and responsibility.  Executive Editors must possess superior legal knowledge and editing/writing skills.  Additionally, the abilities to manage, delegate and supervise others are essential. (Singer)

Non-Graded

Open to:  JD students by permission only. Prerequisites: none. The members of the Annals of Health Law are responsible for editing and cite-checking article submissions, including providing substantive recommendations.  They generally assist the Senior Members with the preparation of articles for publication.  Members must be organized, detail-oriented, and dedicated to their role in the Annals publication process.  They must possess superior cite-checking and editing skills.  Additionally, each member must write an article of publishable quality for Advance Directive, the Annals online counterpart. (Singer)

Non-Graded

Open to:  JD students by permission only. Prerequisites:  none.  Annals of Health Law Senior Editors prepare each article for publication.  They generally supervise the editing work of Annals members.  They manage and oversee the cite-checking process. (Singer)

This course treats in depth many aspects of the Sherman and Clayton Acts. Emphasis is placed on an understanding of the policies and objectives underlying the antitrust laws and the extent to which enforcement of the antitrust laws has fulfilled those objectives. Areas examined include monopolies, price fixing, division of markets, exclusive dealing arrangements, boycotts, resale price maintenance, and mergers. Recent trends in sports and health care industry antitrust cases may be discussed. The impact of economic analysis in the antitrust area is also examined. (Sennett, Waller)

This course will cover the full range of antitrust issues affecting the activities of all participants in the healthcare field, including different types of healthcare service providers (hospitals, physicians, and ancillary service providers), payors (government and commercial), and suppliers of products to providers and their patients.  Following an introduction to the antitrust laws generally, the course will specifically address the competitive issues posed by mergers and joint ventures involving competing healthcare providers or payors, the formation and operation of provider networks (including Accountable Care Organizations) and managed care contracting, the activities of trade associations and group purchasing organizations, medical staff privileges and credentialing, single firm conduct, and specific statutory provisions (e.g., Robinson-Patman Act), exemptions and immunities.

This seminar focuses on the interface between Intellectual Property (IP) and antitrust law. Patents, copyrights and trademarks and other IP regimes confer exclusionary rights. Exclusive rights provide incentives and serve other ends, but their exercise can also impede competition distort otherwise competitive markets. This seminar will address the intersection of IP and Antitrust with respect to issues such as standard setting, licensing, corporate strategy, product design, efforts to increase market share and mergers and acquisitions.

Prerequisite: Intellectual Property, Copyright or Antitrust Law or instructor permission

Skills

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)

Experiential Learning

Skills

This class is taught by Professor Terry Moritz and meets on four Friday and Saturday afternoons.  The 2014 class will be held Oct. 31-Nov. 1 and Nov. 7-8.

The workshop will focus on the substantive and procedural components of commercial arbitration in the United States.  The class will address established principles of arbitration law, the various types of arbitrations, the rules governing arbitration, the role of counsel in the arbitration process, as well as the power, responsibilities and ethical requirements of an arbitrator.  The course will combine a traditional lecture format with practical arbitration experience  and video presentations designed to provide the student with both a firm substantive basis in arbitration, as well as clinical experience workshop problem solving. The course includes participation in a mock arbitration.

 

Argument and persuasion are essential human activities. Both have been practiced, in one form or another, for as long as human beings have interacted with each other; both have also been the subject of study since earliest times. Much of what guides us today comes to us from the ancient Greeks, but modern cognitive psychology also contributes to our understanding as how audiences of various types are persuaded in various circumstances. This course is particularly interested in what constitutes effective legal argument, particularly in the resolution of constitutional questions by appellate courts. The first part of the course will consider the general problem of persuasion by focusing on classical theories of argument and, to some extent, on the understanding of effective persuasion derived from contemporary cognitive psychology. 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 that arise in that context by considering scholarly works relevant to that subject. We will consider what 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. We will also consider how an understanding of these matters impacts 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)

Experiential Learning 

Skills

Art Law is a study of the main legal issues involved in the acquisition, ownership and disposition of works of art. The primary perspective is that of an attorney in the representation of an art collector, and how the transactional arc involves regular concerns, such as contract law, as well as art specific concerns, such as Nazi-era looted art. Part I Acquisition begins with a focus on the legal issues raised by the various venues for art purchases (art commissions, through a dealer, at auction) and follows with the two core issues of authenticity and good title. Part II Ownership concerns three topics that could arise during the ownership phase: crossing borders, moral rights and art loans. Part III Disposition completes the transactional loop with a discussion of how one transfers works of art during life or at death, whether by sale or gratuitous transfers, including valuation concerns. The course will include several drafting exercises (some of which will be done in teams) and a one-hour in-class final. (Rhodes)

Skills

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)

Skills

Lawyers are always giving presentations, both formally and informally. From interviewing to meeting with senior attorneys to engaging with clients to advocating for one's client in court, it's essential for a new lawyer to know how to speak confidently and persuasively. Students will learn how to become positive, clear, and articulate speakers and presenters. Topics include: how to create excellent formal presentation's summarizing one's work, how to engage others in the networking and interviewing processes, how to handle difficult conversations in the workplace, how to understand one's role and add value during formal and informal meetings, and how to be eloquent and efficient while conveying information to attorneys, clients, and the court.

Experiential Learning

Skills

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 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)

Bar
Non-Graded

This class is designed to help students develop writing skills that are essential for success on the essay portion of Bar Examination. It is structured as an intensive, interactive writing workshop. The class is offered for one ungraded credit.

Bar
Non-Graded

The Bar Exam Writing Skills courses focus on refining your memorization, analytical and writing skills - all skills that are necessary for the bar exam. Whether you need practice writing essays or synthesizing the facts and law and producing a legal work product, these courses will help you master your test-taking skills.

Perspective Elective 

This course provides an overview of American law as it relates to emerging ethical issues in medicine and health care. It is intended to give students an appreciation of the ways in which medical practice and decision-making are guided by modern American principles of constitutional, tort, administrative, and criminal law. Students will learn how the law’s regulatory powers have been used to set boundaries in medicine, and, in turn, how theories of medical ethics and practice have informed modern legal developments. Topics covered vary from year to year, but may include issues in end-of-life care, research ethics, reproductive autonomy, distributive justice, and genetic technology. (Sawicki).

Perspective Elective

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)

Experiential Learning

Skills

The Business Law Clinic (the "Clinic") represents entrepreneurs and community members who, respectively, wish assistance in forming small businesses and not-for-profit corporations in the Chicagoland area. Students typically work with several Clinic clients during the course of a semester, under the supervision of at least one member of the Clinic's faculty. The Clinic also includes a weekly seminar (Tuesdays from 5 to 7 p.m.), which addresses relevant substantive law, ethical issues and pragmatic lawyering skills, such as drafting, negotiating and counseling clients. The work in the Clinic is transactional in nature. The Clinic does not handle litigation matters.

Participation in the Clinic requires both a significant time commitment (a minimum of 6 hours per week, in addition to the time in the seminar), as well as a certain degree of flexibility in the student's schedule. All students are expected to have an initial meeting with their clients and to meet with them thereafter, as needed. In addition, the students are expected to communicate with their clients regularly, efficiently and effectively perform the related transactional work under the supervision of the Clinic's faculty, maintain their client's files in an organized and professional manner, regularly attend the seminar classes and participate in various seminar exercises.

Prerequisite for the course is Business Organizations. Federal Income Tax is highly recommended. Other recommended courses, in order of preference, are Corporate & Partnership Tax, Sales, and Securities Regulation. Class is limited to 10-14 students and instructor permission and an application is required. (Stone)

Bar

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)

Skills

Experiential Learning

Business Planning is a problem oriented course in which students work together in teams of three.  There are 10 to 12 problems, covering fiduciary duty, valuing, capitalizing and organizing a corporation, drafting S/H agreements and buy/sell agreements, and selling the business.  Other problems deal w/ similar issues in regard to LLCs and partnerships.  Essentially, one problem is due each week.  The problems range from legal memos to planning memos to drafting articles of incorporation and by-laws to marking up forms to accomplish a specified purpose. Prerequisite: Business Organizations. (Murdock)

Experiential Learning

A Business lawyer needs to know, or at least be generally familiar with, many areas of law. Therefore, the purpose of this course is to teach many legal issues, including:

(i)The organization of a business (e.g., the types of legal entities including: corporation, “S” corporation, partnership, and limited liability company), organizational documents for a corporation and a limited liability company, control issues including the problems of minority shareholder in a privately owned business, and understanding balance sheets and income statements;
(ii)The Financing of that business (including compliance with the federal securities laws in connection with private offerings and public offerings, bank borrowing and granting collateral pursuant to Article 9 of the UCC);
(iii)Certain key day-to-day transactions (including intellectual property, environmental law, labor law, real estate law, and sales of personal property as regulated by Article 2 of the UCC);
(iv)Buying and selling a business (including certain tax and non tax issues, documentation, hostile tender offers, going private and leveraged buyouts); and
(v)The financially trouble business (including workouts and the rudiments of securitization).

There is a large handout but the substance of the course is contained primarily in the lectures. Therefore, regular attendance is expected. There is no prerequisite for this course but some prior exposure to business law (e.g., Business Organizations) is highly desirable. (Rosenberg, Fall semester)

Skills

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)

Perspective Elective

Mention "canon law" and the uninformed person may wonder how much the law has to say about firing a cannon. "Canon law" to a more educated mind may conjure up images of medieval scholars poring over Latin manuscripts. Other with some limited contemporary contact with canon law will at least have heard of the Catholic Church's procedures involving marriage annulments.

Many people would be surprised and perhaps mystified to find out that canon law still plays a central role today in determining how the Catholic Church handles the broad spectrum of issues involved in the daily management of a world-wide multinational organization. Moreover, there are many aspects of a contemporary civil lawyer's practice that may involve issues requiring some knowledge or familiarity with the current canon law of the Church.
Example of these would be in the areas of litigation relating to allegations of clerical sexual misconduct with minors; mergers and joint ventures involving Catholic schools and health care institutions; immigration aspects of foreign religious workers; will, estates and bequests involving ecclesiastical goods and offerings for Masses; incorporation and tax-exempt status of religious organizations; the protection of human rights; and, of course, marriage and family law, especially divorces and annulments.
This course will be conducted as a seminar in which students will be invited to write a research paper and make a classroom presentation on some issue that involves aspects of both civil law and canon law. Since there will be no examination, grading will be based on the research paper, the classroom presentation, attendance and participation in the seminar discussions. (Paprocki)
Click here for an article about Bishop Paprocki and the course in Canon Law.

Skills

Experiential Learning  

This course will explore the use of mediation in disputes involving children and families. Students will survey various models and uses of mediation and related dispute resolution processes in the following contexts: divorce, custody and visitation issues; child protection; juvenile delinquency; balanced and restorative justice; adult guardianships; youth violence prevention and peer mediation; and special education. Further, students will consider the impact of domestic violence and other impairments on the child and family mediation process. In addition to reviewing basic mediation skills, students will participate in classroom exercises designed to develop their ability to think critically about issues, as well as apply mediation strategies to dispute resolution scenarios. (Levitz, Nathanson)

Perspective Elective
Skills

This course examines the legal relationships among children, family and the state, primarily in the context of issues over which juvenile courts traditionally have jurisdiction. The subject matter is divided into two sections, the first dealing with the constitutional and statutory rights of juveniles involved in the criminal justice system and the second focusing on civil matters including neglect, abuse, termination of parental rights, adoption, and children's right to treatment issues. (Burns, Coupet, Geraghty)

Experiential Learning

Skills

The Civitas ChildLaw Clinic represents children primarily in child protection (abuse and neglect), child custody and visitation, delinquency cases. Students typically work on at least two cases during the course of a semester, under the supervision of at least one member of the clinic faculty. The Clinic also includes a weekly seminar (Tuesdays from 4:00 to 6:00 p.m.), which addresses relevant substantive law, advocacy skills, and ethical issues in the representation of children. Students will be expected to master the law governing their areas of practice, as well as applicable rules of professional conduct. Students will gain experience with a range of lawyering skills, including client counseling, case planning, and written and oral advocacy. While the subject matter of the Clinic's cases focuses on children's issues, students should expect to develop skills transferrable to any practice setting. Enrollment in the clinic is limited to 16 students. Priority is given to students eligible for a student practice license under Illinois Supreme Court Rule 7-11, and permission of the Clinic instructors is required for enrollment. Civitas ChildLaw Clinic Application.

Participation in the Clinic requires both a significant time commitment and flexibility in the student's schedule. All students will be expected to attend and conduct court appearances throughout the semester, and to be available to attend to other client business during regular working hours. Students working full or nearly full time, or students who have concerns about their ability to maintain a flexible schedule, should speak with one of the members of the Clinic faculty before enrolling in the class. In addition, to avoid conflicts of interest, students may not participate in the Clinic while working for the criminal or juvenile divisions of the State's Attorney's Office, or the juvenile division of the Public Defender's Office.

Professor Bruce Boyer serves as the Clinic Director, and Professor Stacey Platt serves as Associate Director.

* Students in the Clinic for the first time must enroll for four credits and will be expected to participate fully in the classroom component. Students enrolling for a second semester will be expected to participate bi-weekly in the seminar; normally, students repeating the Clinic for a second semester take the course for three credits, but other options are available with permission of the instructor.

This course counts as a Non-Graded Course.

Students may earn up to three hours of credit by working on a targeted ChildLaw research project. The scope and subject are chosen with the guidance of a ChildLaw faculty member who directs the students. Student who wishes to register for a directed study must first contact a ChildLaw Faculty member to discuss an individual research project. (ChildLaw Faculty)

Non-Graded
Skills

This seminar serves as a capstone opportunity for ChildLaw Fellows to contextualize their interdisciplinary legal education and to explore their roles as advocates in working in and reforming the complex and evolving systems that affect children and their families. (Geraghty)

This course counts as an Experiential Learning and a Skills course.

The ChildLaw Legislation and Policy Clinic is part of the Civitas ChildLaw Center. Students in this Clinic have an opportunity to work, under the supervision of a faculty member, on a legislative or policy project that may involve any or all of the following: critiquing pending bills or existing legislation, drafting bills, developing summaries and fact sheets about pending bills, and building and working with coalitions to develop legislative ideas and consensus. Topics cover a range of child and family issues. Spring semester students primarily work on projects begun during the Fall Clinic, including researching and drafting legislation concerning child protection and juvenile justice reform issues. Students work in teams and must have sufficient time or flexibility during the work day to participate in some internal team meetings as well as attend meetings outside the Law School, as needed. Instructor permission required. Class hours TBD. (Weinberg)

Students are expected to complete either a thesis or capstone project of substantial depth that explores a specific area of children’s law and policy and that integrates subject matter and/or leadership skills learned in the M.J. curriculum. The project is completed in close cooperation with a faculty advisor. Students are required to present their thesis or capstone project to faculty and fellow students during their graduation (Educational Immersion) weekend.

Experiential Learning

Skills

This is Trial Practice I with an emphasis on those issues important to advocating in cases involving children (child witnesses, unique problems in expert testimony, special evidentiary issues, etc.). The course is taught by a team of lawyers, judges, and medical and mental health professionals with a student/faculty ratio of 8 to 1. The principal objective is to introduce students to litigation principles, and to teach them advocacy skills in an intensive learn by doing environment. By grounding the exercises in child advocacy problems, a further goal is to prepare students for the special challenges involved in the representation of children. At the end of the course, the student conducts a complete trial at the Richard J. Daley Center. (Geraghty)

The purpose of this course is to teach interested students the application of law to critical public health issues that affect children and youth. Students will first learn basic principles of public health including the distinction between health promotion, disease prevention, and health protection. Next, the course will address the constitutional and statutory foundation of public health law, how legislative and regulatory decisions must negotiate the balance between individual rights and public good, and how the principles of parens patriae and state police powers affect child health. Case studies in the areas of obesity, reproductive health rights of minors, mandatory school immunizations, student drug testing, and violence prevention will illustrate the application of public health jurisprudence from the national to the state levels.

Non-Graded

Skills

This is a class for the first year members of the journal. In addition to attending the Editing Skills Seminar, taught by the members of the Editorial Board, Associate Editors are responsible for the initial editing of all of the articles for the journal to ensure that the sourcebook is complete, that all of the citations are in the correct Bluebook form and that the articles are free from grammatical and punctuation errors. Each Associate Editor must also contribute to the journal one Feature section in one of the four issues published each year and one article of publishable quality by the end of the school year. (Geraghty)

Non-Graded

Skills

This is a class for the four members of the Editorial Board of the journal, including the Editor-in- Chief, Managing Editor, Articles Editor and Articles/Features Editor. These students perform various duties pertaining to their specific positions and together they oversee the entire publication process. Duties include working with and supervising the Associate and Senior Editors, teaching the Editing Skills Seminar, promoting the journal, soliciting for articles and subscriptions, maintaining correspondence and communication with authors, preparing articles for cite checks, incorporating changes, preparing documents for the publisher, and maintaining communication with the publisher. (Geraghty)

Non-Graded

Skills

The Senior Editors are students who have completed one year as an Associate Editor and are in their second or third year on the journal staff. Senior Editors are responsible for supervising the Associate Editors and working with the Editorial Board throughout the entire publication process. They make sure that the sourcebooks compiled by the Associate Editors are complete, and assist by incorporating any changes into the articles before the issue is sent to the publisher. (Geraghty)

Experiential Learning
Perspective Elective
Skills

This intensive, week long seminar provides a wide-ranging interdisciplinary exploration of critical issues affecting children. A diverse team of faculty offers interdisciplinary perspectives on the meaning of "best interests of the child" particularly as it relates to balancing legislative mandates and "best interests." Experts from history, political science, psychology, social work, law, education, and medicine present information, participate in discussion with the attendees, and debate the issues from the perspectives of their own professions. Faculty provide both a theoretical framework for examining the issues, as well as practical experiential learning. Various education methods are employed including case studies, lectures, outside speakers, field trips, role-playing exercises, group projects and hands-on learning activities. (Weinberg)

Description for the 2011 Children's Summer Institute Program: This year's Children's Summer Institute will focus on permanency considerations concerning children in the child welfare system, with an emphasis on disparities in decision making in the child welfare system and the resulting disproportional representation of minorities in child welfare systems across the country.

For more information about the class, or permission to register, contact Professor Weinberg at aweinbe@luc.edu or 312-915-6482.

This course focuses on federal and state legal and policy efforts to protect children from abuse, neglect and other forms of maltreatment.  Topics include mandatory reporting laws, liability issues, the general structure and content of child protection laws, including permanency planning and termination of parental rights. Students will explore the concept of the best interest of the child in a legal context and review laws and research aimed at promoting children’s welfare.

JD Required
Bar

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, Tsesis, Waller)

The course will focus on the post-Civil War constitutional amendments (13th, 14th and 15th Amendments) and the various federal civil rights statutes that have been enacted thereafter in both the 19th and 20th centuries. These laws as a whole are designed to guarantee that all Americans receive equal treatment under law.

Skills

This course is designed to develop skills used by lawyers in their roles as client interviewer, counselor and negotiator. Emphasis is on class participation. The first hour of each class is devoted to lecture/discussion of the covered topics. During the second hour students participate in practice problems which emphasize the skills taught in the first hour. Students are graded on the following: written paper, one videotaped out of class problem, and class participation. Because of the heavy emphasis on class participation, the class is limited to 18 students. (Suder)

Experiential Learning 

Skills

This course will be conducted in an intensive workshop format over the course of one weekend where students will role play as client and attorney. Students will learn the basic elements of client counseling techniques and put them into practice. Grades will be based on class participation. (Gaspardo, Mosshamer, dispute resolution faculty)

Skills

Experiential Learning  

This course will provide students insight and practical knowledge of alternative dispute resolutions. This course focuses on the attorney's ability to understand the differences in the practice of mediation and the more recent development of the Collaborative law process and understand the application of each. Students will learn through didactic as well as skill-centered methods, giving each the opportunity to practice skills through role play and “fishbowl” exercises. We will cover the basics of mediation and Collaborative practice while emphasizing useful derivative skills that will serve students well in their future law careers. A client-centered approach, the primary goal of this class is to expose students to effective communication methods and skills that lead to settlement without litigation. Guest lecturers will bring their specific areas of expertise to the class so that students will be able to see first-hand the application of the processes we will be studying and be able better to emulate them. The final grade will awarded based partly on a 10 page critical paper and more significantly from class participation. (Rosenbloom and occasional guest lecturers)

Skills

This is an advanced seminar intended 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 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.

Experiential Learning

Skills

The Community Law Center Clinic (LUCLC) course is designed to teach students the essential skills involved in the practice of law, including client interviewing and counseling, hearing advocacy, negotiation and practice management. These skills are taught in conjunction with the representation by students of clients in civil cases under the supervision of Professor Theresa Ceko and the law school's clinical faculty. The Law Center is located in Room 1005 of the law school.

Students who enroll in the clinic course must be available to be in the clinic either one morning or one afternoon each week (Monday-Friday). The course also has a classroom component that meets each Wednesday from noon to 2 p.m. The purpose of the classroom component is to provide students with a theoretical overview of the lawyering skills that they perform at the clinic. In addition to regular clinic hours and classroom work, clinic students work on their cases during an additional 6 hours a week, most of this work done on the student's own time. Any student who has completed the first year of law school can enroll in the clinic course.

Students in the LUCLC represent children in contested guardianship cases and clients in civil cases involving landlord/tenant, family and elder law problems. Many of LUCLC's clients are low income persons. Serving persons who cannot afford legal services sensitizes students to the special ways that the law affects the lives of the indigent.

Another important aspect of the LUCLC course is the opportunity for students to develop their own sense of the lawyer's professional role. Students experience the complexity of the attorney-client relationship and the myriad ethical dimensions of lawyering. Students are exposed for the first time to the conflicts, frustrations and rewards inherent in legal practice.

Enrollment in the Community Law Center Clinic course also helps students prepare for the performance tests that have been added to many state bar examinations, including Illinois. The skills that these performance tests measure are the same skills that students learn through their client representation.

The Community Law Center Clinic course is an excellent bridge from the law school classroom to the law office. It allows students to begin to learn how to practice law in a reflective environment. (Ceko)

Experiential Learning

Skills

Students in the LUCLC represent children in contested guardianship cases and clients in civil cases involving landlord/tenant, family and elder law problems. Many of LUCLC's clients are low income persons. Serving persons who cannot afford legal services sensitizes students to the special ways that the law affects the lives of the indigent.

Another important aspect of the LUCLC course is the opportunity for students to develop their own sense of the lawyer's professional role. Students experience the complexity of the attorney-client relationship and the myriad ethical dimensions of lawyering. Students are exposed for the first time to the conflicts, frustrations and rewards inherent in legal practice.

Enrollment in the Community Law Center Clinic course also helps students prepare for the performance tests that have been added to many state bar examinations, including Illinois. The skills that these performance tests measure are the same skills that students learn through their client representation.

The Community Law Center Clinic course is an excellent bridge from the law school classroom to the law office. It allows students to begin to learn how to practice law in a reflective environment. (Ceko)

Experiential Learning

Skills

This course focuses on how lawyers work with communities and organizations to bring about change and takes a practical approach to understanding different forms of community-based lawyering. Students will work (for an approximate total of 50 hours in the semester) on projects with community organizations. Their work may entail doing research, creating fact sheets and manuals, conducting "know your rights" presentations in the community, helping to craft the message of a campaign, writing press releases, and strategizing with community members on how to identify and resolve particular issues. In addition to their fieldwork, every week, students will be assigned readings relating to course topics, such as organizing and different theories of change, the tools and strategies of lawyers, the history of lawyers working with different communities, and the role of law and lawyers in different movements. We will have discussions based on the assigned readings, and guest speakers will join us throughout the semester.

Perspective Elective

This course begins with an exploration of the legal and political structure of American education, including issues such as: (1) the role of government in mandating education; (2) the relationship between state and religion in the educational process; (3) the governance of educational institutions and the shaping of curriculum; and (4) the rights and responsibilities of teachers and students. The American legal system's resolution of these difficult issues are then compared to the resolution of these same issues by legal systems in other countries. Finally, students are asked to question the fundamental assumptions underlying the American educational system based on their understanding of different assumptions underlying the educational systems in other nations. Students are required to help to facilitate class discussions and to prepare a paper that analyzes critically an issue raised in the class. (Kaufman)

Perspective Elective

This unique course will immerse students in a comparative analysis of early childhood education law and policy. The course begins with an exploration of the legal and political structure of American early childhood education, including issues such as: (1) the role of the national and local government in regulating education; (2) the constitutional right to education; (3) the governance of educational institutions and the shaping of curriculum; (4) the rights and responsibilities of teachers; and (5) the image of the child. The American legal system’s resolution of these issues is then compared to the resolution of these same issues by legal and educational systems in other countries, particularly those in Italy and Finland.

One focus of the class will be the world-renowned approach to preschool education developed in Reggio Emilia, Italy. The preschools in Reggio Emilia are widely regarded as the best in the world. The “Reggio” approach to early education is built on a particular understanding of the biological and social nature of children, and the role of the state in developing its young. Accordingly, the class will explore the neuro-science undergirding the Reggio approach and how this science informs: educational objectives and methods; the architecture of the educational environment, the connections between school and community and the legal and political structures surrounding children. Throughout the class, the “Reggio” approach will serve as a benchmark for understanding and assessing the law and policy of early childhood education in the United States. In addition, the class will examine the internationally acclaimed educational system in Finland to determine whether its successes can be replicated in the United States.

Students will be required to participate actively in class exercises and projects, to present material to the class, and to write a 10-15 page analytical, research or policy paper that addresses an issue raised by the class.

Perspective Elective

This course explores the health care system and relevant laws of the host country in which it is being taught. Generally offered in China, the course will explore the evolution and development of the Chinese health system from the days of the bare foot doctor to the national health reforms initiated under President Hu, guaranteeing all Chinese citizens equal access to basic health insurance. The course will consider public health policies in China with a focus on infectious disease prevention and control integration of traditional medicine with Western medicine, birth control and family planning, environmental health, smoking, food safety and the impacts of aging on health. Comparisons will be drawn between China and other Asian countries as well the United States and Canada.

Perspective Elective

The field of health law offers a fascinating platform from which to compare foreign legal systems. By understanding the wide variation in how different nations approach controversial issues of health law and bioethics, students will develop the skills necessary to critically evaluate their own countries’ policies from an international perspective. (Study Abroad Rome Program)

Perspective Elective

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?

Perspective Elective

This course is designed to introduce students to the early development of the common law and legal structures of the early English judicial system. 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. Students will be expected to produce a paper at the end of the semester on a relevant topic that is approved by the instructor.  Note that this class is most often offered as part of the Comparative Law class in Loyola's Study Abroad Program in Rome. (Faught)

Perspective Elective

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)

Experiential Learning
Skills

This seminar introduces students to comparative law, through exploration of legal systems in Chile. During the first part of the seminar, students will explore Chile's civil law traditions and history. Students will also select individual paper topics, with approval from the faculty. Over spring break, students will travel to Santiago, Chile, to learn more about Chilean legal systems and pursue research on their individual paper topics. During this week, students meet with the law faculty and students at Universidad Alberto Hurtado, a Jesuit university in Santiago, as well as with local lawyers, judges, and others for their specific topics. The second part of the seminar is devoted to student presentations on their paper topics, and on the research they have conducted in Chicago and Chile. Grades are based on program participation in Chicago and Chile, the class presentation, and the written research paper. (Boyer, Haney,Rhodes)

Skills

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.

The impact of technology on our economy has been profound. Whether it is the use of information technology to improve a firm's management capabilities or its sales or services offerings, or the commercialization of new technologies, such as the development of advanced semiconductors or biotech, business' involvement with and dependence on technology continues to grow at an unprecedented rate.

Attorneys who represent technology companies must be proficient in the legal and business issues related to such technology. Consequently, this course is geared for the future transactional practitioner who is interested in developing an understanding of the most pertinent areas of technology-based transactions.

Underlying all technology transactions is intellectual property, which, depending on the particular transaction, needs to be protected, developed, bought or sold. As such, this course will begin with a brief overview of intellectual property to establish a basis for our review of technology transactions, but we will focus mostly on transactions related to and stemming from intellectual property. We will then address legal perspective on the corporate procurement, development and management of new technologies. We will delve into issues related to general commercial transactions involving intellectual property, such as joint ventures and development agreements, and examine more specialized issues related to technology, such as general e-commerce, data rights (both U.S. and International) and security.

There are no prerequisites for this two (2) credit course. The course will have a significant applied element, which will include drafting and negotiating technology agreements, as well as topical classroom presentations. Furthermore, while previous intellectual property licensing courses or experience may provide a basis for this course, such licensing represents only a portion of the topics that will be covered and discussed.

There is no final exam. Instead, grades will be determined based on the applied projects, presentations and classroom participation. While the course will include recommended texts, the primary resources expectedly will be available through a medium central to class discussions the Internet.

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This course deals with the legal ramifications of disputes involving contracts with two or more states or other jurisdictions. When such disputes reach the courts, what law should be applied and how should the determination be made? The course explores these questions and the various methods courts and scholars have proposed and adopted to answer them. The contrasting points of view regarding choice of law, jurisdiction and recognition of foreign judgments are analyzed in terms of which policies best promote harmony and efficiency in the federal system and accord with the federal constitutional requirements of due process of law and full faith and credit to the judgments of sister states .A special focus this year will be on the application of these areas of law to family law issues.

One of the newest trends in children’s law is the effort to find ways to resolve disputes without resort to the adversary system. Examples include restorative justice initiatives in schools and the juvenile justice systems, collaborative decision-making in family law, and mediation in the health care and child protection contexts. In this course students learn about the various types of alternative dispute resolution (ADR) (e.g. mediation, negotiation, collaborative dissolution) through a series of case examples and practical exercises.

The Supreme Court’s recent decision upholding the major provisions of the Patient Protection and Affordable Care Act has brought new attention to the intersection between constitutional law and health care. This seminar gives students the opportunity to engage deeply with some of the most compelling constitutional issues of our time, including the use of federal spending powers to expand state Medicaid programs; the health insurance mandate as a regulation of interstate commerce; federalism conflicts in the medicalization of marijuana; medical providers’ free speech rights; compelled commercial speech in the tobacco industry; religious objections to controversial medical procedures; cruel and unusual medical treatment of prisoners; as well as substantive due process challenges relating to public health, end of life care, and reproductive autonomy.

JD Required Course

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)

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)

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)

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)

Construction law draws upon many areas of law from contracts to torts to insurance and land use. This course allows students to understand how they interact and work together. It will focus on the legal issues common to the construction industry from transaction considerations to litigation. We will examine the parties involved in a construction project, project delivery systems, negotiation of contracts, scheduling and delays, insurance and bonding considerations, mechanics liens, defects, claims procedures, remedies, warranties, and termination. Students will gain practical experience in drafting construction contracts as well as writing complaints for a construction dispute. Readings will include state and federal cases and statutes, with a focus on Illinois law. In addition, this course will look at current construction projects and disputes going on in Chicago.

The course surveys consumer law from a transactional perspective, beginning with issues of deception, including false advertising, related to consumer purchases. There is coverage of the law of consumer credit, including issues of discrimination, overpriced credit and deceptive credit practices, and standard form contracts of adhesion and recent Supreme Court rulings covering binding arbitration and class actions. Consumer remedies and special issues of consumer fraud on the Internet complete course coverage. The course is especially recommended for students interested in public interest law. (Amato)

Skills

This course will teach the fundamentals of drafting precise and clear contracts. Drafting concepts will be taught through assigned readings, lectures, in-class exercises, hands-on drafting in pairs and alone, and review of, and comments to, an individual’s work and the work of others. The majority of the semester will be devoted to drafting without the use of forms or precedent documents. For the first several weeks of class, students will draft the components of a contract, each component being either peer-reviewed or reviewed by the instructor. The components will be revised according to the comments received and integrated into a complete contract. The individual drafting will be supported by independent in-class exercises and review of the assigned reading and relevant cases. The final project will simulate a real-world drafting experience in which students will receive precedent documents, term sheets, emails, relevant statutes, and due diligence and will be required to prepare the first draft of the operative document for a transaction.

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.

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)

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JD Required Course

An analysis of the formation, transfer and termination of contract rights and duties, and the legal and equitable remedies available upon breach of contract. (Breen, Cooper, Haney, Moses, Williams)

Experiential Learning

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.

This 3 credit course addresses foundational issues in copyright law, including eligible copyright subject matter, formalities and duration, authorship and ownership, reproductions and derivative works, copyright infringement, fair use, summary judgment and remedies for infringement. 

Some of the more advanced issues addressed include copyrightable characters; copyright protection of compilations, databases and computer software; copyright in architectural works; photography; sound recordings; the scope of direct liability on the internet, and for cloud computing; digital technology and fixation; and the non-expressive use of copyrighted works by copy-reliant technologies. 

This is a stand-alone course. You may undertake this class without any prerequisite. Students planning on taking multiple IP courses should consult with Prof. Ho or Prof. Sag as to the best sequence given their individual needs and interests. 

Skills 

Corboy I also counts as Non-Graded

Corboy Fellows receive a maximum of 10 hours' academic credit, 6 of which, as a maximum, are graded credit, and 4 of which, maximum, are ungraded. The ungraded credit option is called Corboy I; the graded option, Corboy II. Corboy participation takes the place of Trial Practice I and Trial Practice II, so a Corboy Fellow can earn either 3, 6 or no hours' graded credit depending upon whether she had trial practice before being selected as a Fellow. The ungraded credit option under Corboy I is two hours' credit each semester; Corboy II is 3 hours each semester. (A typical sequence, for a student who is selected while he is a 1L, is: Corboy II in fall and spring of second year; Corboy I in fall and spring third year).

This course will familiarize law students with the world of corporate compliance, and provide basic skills to be employed in a corporate compliance department.   Students will obtain a basic understanding of the legal principles related to compliance, or preventive law, and learn the the interplay between compliance and ethics.  They will become familiar with the principles of Chapter 8 of the United States Federal Sentencing Guidelines, which describe the fundamental rules for creating an effective compliance program.  They will be able to understand and articulate how compliance and ethics failures impact on the success or failure of a business.

Skills
The course will cover the elements necessary to implement a basic compliance and ethics program in a company. Students will become familiar with the basic principles of the Federal Sentencing Guidelines that define an "effective" compliance program. Students will learn the fundamentals of the job of Chief Compliance Officer by working with compliance issues in the media, commercially available compliance training programs and compliance techniques used in major corporations.

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)

Skills

In this course students will study and analyze the law and practice of corporate governance law for publicly-held corporations.   Introductory sessions will detail corporate governance law and regulation, with a specific focus on the impact of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.  Thereafter, a number of alternative proposed reforms will be assessed   Finally, the course will address practical element of corporate governance practice including professional responsibility issues, the director selection process, board diversity, and empirical learning regarding the best corporate governance practices.  Prerequisite:  Business Organizations.

This course covers the business and legal issues that arise in health care transactions and the business and regulatory environment surrounding transactions. Topics covered will include organizational operations, the contents and role of organizational documents, and the application of tax laws to transactions. Students will analyze organizational documents and prepare presentations on issues presented by transactions. (LLM only or with permission.) THIS CLASS IS ONLY AVAILABLE ONLINE AND WITH PERMISSION.

This course covers the business and legal issues that arise in health care transactions and the business and regulatory environment surrounding transactions.  Topics covered will include organizational operations, the contents and role of organizational documents, and the application of tax laws to transactions.  Students will analyze organizational documents and prepare presentations on issues presented by transactions.  Prerequisite:  Health Care Business & Finance.  (Singer)

Experiential Learning 

Skills

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 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.

JD Required 
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This course introduces the elements of crime by teaching principles that apply to many crimes. These principles include the nature of criminal acts and of criminal fault, as well as defenses such as self-protection. Homicide and other specific crimes may also be discussed, as may theories of punishment. The primary materials are statutes -- in particular, the Model Penal Code and/or the Illinois Criminal Code.

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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. (Norton, Raphael)

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This course provides a general overview of the criminal justice process, and focuses on the constitutional and other legal requirements that affect law enforcement practices and procedures. Specific topics may include confessions and interrogations, identification procedures, arrest, search and seizure, surveillance, police entrapment, and the right to counsel. (Norton, Raphael)

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.

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)

This interdisciplinary seminar is designed to give students an opportunity to engage in an in-depth exploration of current and emerging issues in children's law. The seminar will focus on the legal implications of current child welfare policy and practice, ongoing efforts at child welfare and juvenile justice reform through state and federal initiatives, the use of empirical research in guiding child welfare and juvenile justice initiatives, and long term implications for families and children. Specific topics include, among others, an introduction to the concept of therapeutic jurisprudence, advocacy for children in the child welfare and juvenile justice systems, the role of race and class in permanency planning for children, the legal and ethical implications of privatized child welfare services, and ancillary domestic relations issues that often arise within child welfare.

During this seminar we will analyze and discuss how the criminal justice system is attempting to deal with today’s challenges. Topics that might be covered include measures to deal with the gang problem in Chicago; life sentences for juveniles; methods for addressing claims of actual innocence; and the pros and cons of the plea bargaining process. The course materials will include assigned articles and lectures by guest speakers involved in the issues being reviewed. Grades will be based on a paper relating to one of the topics and participation in the seminar. (Devine)

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)

Loyola

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