Courses D - H
This seminar will review the use of the death penalty in our country's history and then take an in-depth look at the issues relating to whether there should be a death penalty.
We will examine national developments on the issue and discuss the recent history of the death penalty in Illinois, including the removal of all prisoners from Death Row by former Governor George Ryan, the report of the commission appointed by the Governor to examine capital punishment issues, the basis for the moratorium on the death penalty and the factors affecting Governor Quinn's decision on the 2011 bill to ban the death penalty.
Assigned readings will include Debating the Death Penalty, edited by Hugo Bedau and Paul Cassell (Oxford, 2004), Ultimate Punishment by Scott Turow, portions of the Report of the Governor's Commission on the Death Penalty, and various articles and court decisions.
There will be guest speakers who have participated in aspects of the death penalty process and the debate on its use.
Each participant will be assigned a paper on a topic covered in these materials. (Devine)
This Seminar will analyze the effect of the Declaration of Independence on American law and culture. We will examine why a document drafted to assert national sovereignty became so instrumental in so many civil and social spheres. Our focus will be on the manifestos' ideals about the inalienable nature of human equality, liberty, and life. Among other subjects we will be discussing the constructs of self-governance, suffrage, race, gender, nationality, and citizenship. Readings will analyze how the document influenced social movements' advocacy for structural, legal change. (Tsesis)
Derivative are one of the fastest growing vehicles in the financial industry, yet least understood. This four-course session is a comprehensive introduction to derivative products and the application of derivative tools and skills needed to value and understand equity options and options on futures. The course format includes a combination of group discussion, short examples, and case problems to illustrate and apply the concepts of option. (Vignola)
A student may earn up to two units of ungraded credit for undertaking a research project for a faculty member. The scope and subject is chosen by the faculty member, who exercises control over the project. It is expected that for each hour of academic credit the student will engage in substantial legal work for at least sixty (60) hours during the semester. The project that is the subject of the Directed Study must be completed during the semester in which the registration occurs. (For additional requirements see the associate dean.) Click here to download the Directed Study approval forms. (Adobe PDF)
More than 50 million Americans have disabilities, even as the population just begins to age significantly. The Americans with Disabilities Act was passed in 1990 as a key civil rights law to help persons with disabilities obtain access to employment, government functions at all levels, and most public Accommodations. This seminar will explore how our disability laws have succeeded, and failed, to fulfill their promise. We will also examine closely the significant recent activity by the Supreme Court in this evolving, dynamic area of the law. Each student is expected to select a topic of particular interest to him or her, perform an in-depth review of the law related to that topic, and write a paper on the subject. Student's progress will be tracked through class discussion, informed reaction papers and the final research paper. (Coustan)
Open to: SJD and DLaw students only. Prerequisites: none. Candidates will be required to rework the doctoral proposal s/he submitted with his/her admission application into a 30-40 page summary paper which shall serve as a roadmap for the first draft of the dissertation. Students must also make a presentation on an aspect of their research to a group of doctoral students and advisors. (Blum)
Open to: SJD and DLaw students only. Prerequisites: Doctoral Dissertation Research I. Candidates must draft a detailed dissertation outline, have it evaluated by his/her advisor, and incorporate any necessary changes into a final outline. Once the dissertation outline is approved, the first draft of the dissertation should be completed and submitted to the advisor. (Blum)
Open to: SJD and DLaw students only. Prerequisites: Doctoral Dissertation Research I and II, Bibliography Tutorial. The dissertation advisor will work with the candidate to form a doctoral committee comprised of the advisor and two outside readers. (In the case of foreign students, one outside reader may be sufficient.) The committee will assist the student by consulting on dissertation substantive issues, reviewing the working draft and approving the final product. Dissertations should represent important contributions to the field, (minimum length 150 pages and double spaced) but specific format and content needs to be clarified between the candidate, the advisor, and the committee. Once clarified, the suggested format must be followed. Once the dissertation has been completed, it must be presented at an open forum to be attended by interested members of the law school community. Students must enroll in this course during both fall and spring semesters of his/her second year. (Blum)
This course offers students an opportunity to focus on the legal issues that arise between borrowers and their financial advisor/banker. Topics covered include a focus on commercial loan agreements, other capital raising vehicles and mergers and acquisitions. The course also focuses on the perspective of the CFO and the banker in deciding when and how to raise additional capital, expansion through acquisition and partnership/joint-ventures with other entities. Students also study examples of actual loan agreements and other related documents as well as analyzing case law involving financial institutions and loan agreements. This course uses practical examples of actual transactions including details of their negotiation and execution with the student actively involved on a case study basis. Prerequisites: Students taking this class will be expected to have taken Business Organizations. Knowledge of Secured Transactions and Federal Income Tax would greatly assist the student; these classes are not, however, required to take the course. (O’Brien)
This course is designed to give students practical experience drafting, revising, and analyzing contracts. Students will be placed in teams and will negotiate and draft a health law contract. (LLM only or with permission.) THIS CLASS IS ONLY AVAILABLE ONLINE AND WITH PERMISSION.
This course is designed to provide practical experience in drafting operational policies from compliance regulations. Having clear policies and procedures is an essential element of an effective compliance program. The course will explore liability associated with how policies are drafted as well as non-compliance with an institution's policy commitment. The course will teach skills and techniques for turning complex regulations into accessible policies for the workforce. LAW 910 or LAW 839 are preferred prerequisites but are not required.
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.
This course explores some of the challenging legal and practical issues confronting education in America, including the the uncertain boundaries between public and private education, the constitutional and statutory rights of students, including equal access and treatment, the increasingly fluid constitutional and statutory rights of teachers, and the structure of educational governance, including the role of the federal government, local control, school board powers and even strategic planning.
This seminar will explore the difficult legal, political and practical issues currently confronting American education. The course will begin with an analysis of the fundamental political and philosophical principles underlying the American educational system. Students will then be challenged to apply these principles to difficult areas of education law, such as: (1) the limits of compulsory education; (2) the relationship between public education and religious institutions and practices; (3) the nature of a constitutional right to education; (4) the adequacy and equity of school funding; (5) the balance between federal control through statutes, like the No Child Left Behind Act, and state control over curriculum; (6) school governance; (7) the rights and responsibilities of students; (8) traditional and novel torts in the educational environment; and (9) the rights and responsibilities of educators. Students will be required to participate actively in class, to facilitate class discussion of a selected topic, and to submit a paper which analyzes critically an important issue raised in the class. There will be no final examination. (Kaufman)
This unique course has a classroom component and a field work component. The class meets formally one hour per week to cover substantive education law issues and to develop skills tailored to the practice of education law. For the field work component of the class, students have the option to work in one of a variety of local placements where they will work under the supervision of practicing attorneys. Students may choose to provide either: (1) direct representation and legal assistance to children and families in need of special education services; or (2) representation of school districts in education law matters. Students may also work on educational policy matters. Placement options include local organizations, school districts, law firms and government agencies. In the Spring semester, students may participate in Loyola’s Educational Advocacy Project as an alternative to an external field placement. (Kaufman, Coustan). More information on the different placement options is available here.
This course examines the results of civil rights education cases brought on behalf of African American, Latino, and other minority students. Students will examine applicable legal precedents and statutory frameworks, classroom level implementation, and experts’ analyses of data and outcomes for five subject areas—student assignment, English Language Learner Programs, tracking (gifted and remedial), special education, and discipline. Students will work in teams and individually to present research and response papers related to the five subject matters. (Ashley)
This course will allow those interested in the practice of education law to become familiar with typical and unique issues that require contact between school districts and their attorneys. The course is a combination of in-class, on-line and field study experiences. Students will work individually and in teams to identify resolutions to school district issues. The relationship between attorneys, boards and administration will be investigated. In class sessions are three hours per week to cover practical situations and to develop skills tailored to the practice of education law. The course will focus on typical scenarios, as well as the increasing number of, and breadth of, issues requiring legal assistance.
Electronic discovery ("e-discovery") is the discipline of dealing with digital evidence.
Proficiency in e-discovery has become a must-have skill set for litigators. The Federal Rules of Civil Procedure and Evidence have already been modified twice in the last few years to try to address e-discovery concerns, and additional changes appear imminent. The states are following suit with their own rules. A burgeoning body of case law comes down each year, attempting to define the ethical and legal obligations of parties and counsel when preserving, collecting, reviewing, and producing electronically stored information.
The result is a fundamental change in litigation practice. The enormous costs of e-discovery drive settlement strategy in commercial litigation. Divorce and trade-secret cases hinge on the contents of a party's hard drive. Product liability cases focus on the output of digital sensors. Technology-savvy attorneys use their expertise to contest the authenticity and probative value of key pieces of evidence. Parties seek arbitration or trial venues based on the protections and burden of discovery rules. Individual rights and the integrity of governmental evidence are at risk in criminal cases that rely on digital information, and attorneys and litigants are sanctioned with alarming frequency for failure to properly manage e-discovery. Mastery of e-discovery is a differentiator for clients choosing counsel and for law firms in the hiring of young attorneys.
This is a survey course, to familiarize students with foundational concepts, and to delve into some of the more challenging questions that e-discovery poses. It will also look at the tools lawyers use to manage digital evidence. The course will include a combination of lecture, discussion, and practical application, allowing students an opportunity to explore issues and practice their advocacy and problem solving skills. Readings will consist of case law, statutory and regulatory guidelines, ethical guidelines, research, and white papers. Grading will be based on class participation, group exercises and a theme paper. Prerequisite: Civil Procedure. (Rizzolo and Warner)
This class provides the doctrinal foundation in elder law. The class is taught through the lens of bar-related areas of the law. Fiduciary and Agency law concepts are used to discuss ethics issues, discrimination issues, durable powers of attorney, and other methods for planning for an individual’s incapacity. Public and Constitutional law concepts are used to discuss an individual’s right to consent to or deny medical treatment, the court’s jurisdiction in adjudicating adult guardianship, and the governmental benefits available to elderly individuals. Property laws are used to discuss various housing choices available in retirement, and Contract and Tort laws are used to discuss nursing homes, private insurance, and other financial contracts. Additionally, Consumer and Bankruptcy laws are used to discuss financial exploitation while Evidence and Criminal laws are used to discuss physical and emotional abuse of the elderly. Other important issues with aging populations will be discussed.
Required Text: Bauer, Flowers, Morgan, Morrissey, and Radwan, “Elder Law as an Inter-doctrincal Study.” (forthcoming)
class participation and professionalism: 30%
Final Exam: 40%
Over the past several decades, largely within the context of international organizations, the global legal community has faced complications posed by the threat of terrorism and the reemergence of genocide. As a result of these developments, there has been a reexamination of the traditional role of the sovereign state as the constitutive element of public international law. Consequently, there is an emerging trend to regard, at least by some, the need to augment the role of the sovereign state with that of the international organization to respond to these new global challenges. A principle illustration of this is the concept of the "responsibility to protect". Readings will be taken from primary sources (especially documents of international organizations) as well as contemporary secondary sources, principally scholarly articles. Students will be required to purchase a short book that introduces the major topics of public international law. NOTE: This course is available as a 5th credit (ungraded) and only to Loyola University Chicago students because it continues as a research practicum in Chicago after the program. Non-Loyola students are welcome to sit in on the lectures.
This course examines the various ways companies provide compensation and benefits to employees, including retirement plans, health and medical plans, executive compensation, stock options and other equity compensation arrangements. This course will analyze the tax, ERISA, corporate, labor, bankruptcy, and securities issues as they relate to both the employee and the employer, and will focus on the various issues an attorney should consider when designing compensation and benefit plans or advising a client in the context of employee benefits litigation or corporate acquisitions and divestitures. (Falk)
An in-depth study of the national policy opposing discrimination in employment and the ways in which this policy is addressed by federal and state law. While the focus is Title VII of the 1964 Civil Rights Act, numerous other sources of worker protection are examined, both substantively and procedurally.
The law governing the employment relationship is not limited to the union management confrontation of traditional labor law and the proscriptions of employment discrimination statutes. Both common law claims and other statutes have become major sources in challenging, e.g., drug testing, plant closings, lie detectors, whistleblowers, wrongful discharge. This course explores those legal problems. This is not a duplication of either Labor Law or Employment Discrimination; neither is a pre-requisite. The course focuses on the total configuration of statutes regulating employment as well as the emerging common law principles affecting employment relationships. (Connelly, Cooper, Luetkemeyer)
This will be a practical class designed to develop counseling skills in the representation of employees and employers, with an emphasis on assisting employers in complying with the major state and federal laws governing the workplace. The goal is to prepare you to provide clear and considered advice to clients in an effort to minimize the personal and business risks and costs associated with employment litigation. Topics covered include: (1) interviewing and counseling employment law clients; (2) recognizing the legal and practical aspects of employment issues to help clients make appropriate decisions; (3) identifying alternative solutions to workplace problems; (4) reviewing and drafting key employment documents, including handbooks, contracts, and personnel records; (5) handling discipline and termination cases; (6) managing the workplace crisis, including counseling employers on how to investigate and respond to whistle-blower complaints or complaints of harassment and discrimination; (7) training employees and managers on employment law compliance issues; and (8) strategies for dealing with common issues under state and federal worker protection laws such as the ADA, FMLA and FLSA. (Cripe)
Enterprise Risk Management (ERM) provides a comprehensive framework for making strategic decisions, taking into consideration concepts of both value creation and value protection. The approach looks at strategies for managing risk, uncertainty and growth and their relationship to total value. This course will cover the specific skills and techniques necessary to manage risk across increasingly complex organizations and to align business strategies with goals and culture.
This seminar will introduce students to the real world(s) of sports and entertainment law, examining the separate and distinct bodies of law and practices of both, while giving due to the many commonalities between the two fields, from intellectual property to professional contracts. As legal issues in both sports and entertainment law frequently appear in the headlines, this course will address up-to-the minute issues, while covering the seminal topics and cases within each, both in litigation and transaction. Guest lecturers may participate, as their schedules permit. As there will be efforts made to accommodate guests relevant to this course, the syllabus will be in flux. Further, attendance and class participation are required, making up a significant portion of the grade along with a take-home final examination. Reading assignments can be significant on a weekly basis relevant to the upcoming week's topic. (Epstein, Saper)
An introductory course aimed at introducing the major federal environmental statutes and the types of analytical and practical problems encountered in the practice of environmental law and in environmental litigation. The course is devoted to reading and discussion of statutes, cases, articles, and problems in the various environmental media: air, water, and land disposal. Some technical science and engineering concepts are included. (Rieser, Shoenberger)
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 including sections 1981, 1982, 1983 and 1985(3) are covered.
The course examines the basic components of the federal transfer tax system estate tax, gift tax and generation skipping tax, as well as their interrelationship. The course emphasizes the current structure of the federal transfer tax system and includes suggestions for revision. Students who intend to take Estate Planning must complete this course. Federal Income Tax is a prerequisite. (Rhodes)
This seminar attempts to simulate the day-to-day practice of an estate planner. The topics range from the initial client interview to the formulation of sophisticated estate plans for those with substantial property, such as a successful business. The goal is to provide exposure to a broad range of client situations with supervised formulation and implementation of estate plans. Students generally work in teams of two or three and submit several drafting assignments throughout the semester. Pre-requisite: Estate and Gift Tax; Estates is highly recommended. (Buccino, Fuechtman, Herte, Rhodes)
This course is a study of the basic legal devices available for transmission of wealth at death: intestate succession, the will, "non-probate" transfers, and trusts.
European Union (EU) competition law is generally considered one of the two most sophisticated systems of competition law in the world (in addition to the United States). It is also the model for the majority of the world’s other national and regional systems of competition law. This course is a survey of the substantive competition law of the EU, how it is enforced, and the relationship between EU competition law and the competition law of the 28 EU member states.
An evaluation of the rules used to present information to a fact finder in a trial. The three primary units are the rules of relevancy, the rules governing witnesses, and the rule against hearsay. In addition, time is spent on privileges, writings, and demonstrative evidence. The Federal Rules of Evidence provide the focus.
The expert witness is a powerful weapon in a trial attorney's arsenal. Expert Witness Theory & Practice gives students the opportunity to learn about expert witnesses and work with experts in a mock trial environment. During this two credit hour course, students will learn who can be an expert, what an expert can testify about, the pretrial disclosure requirements for experts, differences between Illinois and federal law regarding experts, and the fundamentals of direct and cross-examination of experts. Students will then participate in simulations including a discovery deposition and a mock trial where students will present and cross-examine psychology graduate students serving as expert witnesses. Students will be graded on their performance of these exercises as well as written exercises and classroom participation. The mock trial will serve as the final examination for the course. Completion of Trial Practice or Evidence is highly recommended.
599 – Externship – Intensive Field Placement Chicago (2-3)
Full-time students who have completed all required first year courses and part-time students who have completed a minimum of 28 credit hours may apply for an externship at an approved field placement. Certain field placements may limit eligibility to students who have completed certain course work or who have obtained their Illinois Supreme Court Rule 711 license. Students enrolled in an externship may receive 2 or 3 hours of non-graded credit for supervised work performed at an approved field placement coupled with their attendance and participation in the classroom component of the course. The classroom component has been designed to complement the externship experience with a focus on professionalism, ethics, and practice based skill building. There is no final examination in this course. This course is offered each semester. (Gough, Kieffer)
599 – Externship – Intensive Field Placement Washington, DC (2-3)
Full-time students who have completed all required first year courses and part-time students who have completed a minimum of 28 credit hours may apply for an externship at an approved field placement. Certain field placements may limit eligibility to students who have completed certain course work or who have obtained their Illinois Supreme Court Rule 711 license. Students enrolled in an externship may receive 2 or 3 hours of non-graded credit for supervised work performed at an approved field placement coupled with their attendance and participation in the classroom component of the course. The classroom component has been designed to complement the externship experience with a focus on professionalism, ethics, and practice based skill building. There is no final examination in this course. This course is offered only during the summer semester. (Gough, Poll-Klaessy)
A student after the first year may receive two or three hours of credit per semester for supervised work done in chambers under the supervision of a federal judge and his or her clerks. (Gough, Kieffer)
This course is a study of cases, statutes, and legal principles relevant to the formation, regulation and dissolution of the family unit, and to legal obligations which arise incident to the family relationship. The course considers: antenuptial agreements, marriage, annulment, divorce, division of property incident to divorce, maintenance, custody, visitation, child support, tax law, and ethical issues. (Anderson, Coupet)
The focus of the course is on the rapidly changing legal, social, and scientific landscape of family law. The course covers traditional areas such as marriage formation and dissolution, support, child custody and the role of the child's attorney, as well as emerging areas such as same-sex marriage, collaborative law, and de facto and equitable parenthood.
Students in this practicum will administer a skills component of the traditional Family Law foundational course, focusing specifically on the drafting of an antenuptial agreement in a complex case hypothetical. Practicum students will serve as clients in the drafting exercise. In this capacity, students will meet face-to-face with the collective group of student attorneys representing each client and engage in ongoing, timely and detailed electronic communication with student attorney teams throughout the course of the skills exercise. Practicum students will also assist in evaluating the client counseling facet of the exercise, and in reviewing each prenup for its substantive terms. Each practicum student will spend approximately 40 hours engaged in work related to the exercise. Students may enroll in this practicum only with permission from the instructor. (Coupet)
The federal courts play a central role in upholding the rule of law in this country. They galvanized the civil rights movement, and they continue to protect the most vulnerable members of society by virtue of their independence from political pressures. But unlike state courts, federal courts hear only certain cases -- the ones they are authorized to decide under Article III of the U.S. Constitution -- and the limits of federal courts' jurisdiction are a topic of intense dispute. Whether people have broad or narrow access to these courts deeply affects the extent to which important rights are protected. We will explore this issue first by considering the "case or controversy" requirement of Article III and its attendant doctrines of standing, ripeness, and mootness. We will then address sovereign immunity, a doctrine that limits lawsuits against the federal and state governments. In addition, we will cover abstention, the idea that courts should choose not to resolve some of the cases that fall within their Article III powers. These and other topics will help us reach informed judgments about the proper extent of access to the federal courts.
Students will follow the evolution of a federal criminal case from investigation to trial. The class will focus on one mock problem— which will likely be a federal narcotics investigation that resulted in a two-count indictment. The indictment will allege that the defendants conspired to distribute more than 280 grams of a controlled substance and that they indeed distributed the controlled substance. Because it will be too complex for a one-semester course, I do not recommend that the mock problem include a Title III investigation. The class will be divided into three parts: 1) Investigation 2) Suppression Hearing and 3) Trial. (Tracy)
Federal Criminal Practice is taught by an Assistant United States Attorney and a former Staff Attorney from the Federal Defender Program, now in private practice as a defense attorney, specializing in white collar criminal defense and internal investigations. This course will expand students' knowledge of the scope and application of federal criminal law, and will challenge students to think and act as practicing prosecutors and defense attorneys. This course will review five major areas of federal criminal law: (1) the role and scope of the federal criminal system; (2) federal narcotics prosecutions; (3) the use of informants in federal investigations and prosecutions; (4) federal public corruption prosecutions including the use of the mail fraud statute; and (5) federal racketeering laws. Students will gain a working knowledge of the relevant case law on these topics and will also review and apply real cases prosecuted in federal court in the Northern District of Illinois.
This course is unique in that it will incorporate a practical component into the last four of these subject areas. Students will write and argue various motions, including a motion to suppress, a motion to dismiss an indictment, and a sentencing memorandum relating to the Federal Sentencing Guidelines. Students will also conduct direct or cross examination of a cooperating witness and give a short closing argument. Students are expected to complete four written submissions and two oral exercises. These assignments, along with class participation and attendance, will determine the student's final grade. (Ellis)
This course introduces and analyzes the basic concepts underlying the law of federal income taxation. Topics include gross income, identification of the taxpayer, deductions, and timing of income, characterization and recognition. These concepts are developed through the study of the Internal Revenue Code, Treasury Regulations and case law. Students who might be interested in pursuing the Tax Certificate MUST take this course in the Fall of their 2nd year. (Brunson, Duhl, Kwall, Rhodes)
A significant portion of federal litigation occurs prior to the filing of a dispositive motion or a trial. This course will explore complex areas of federal litigation that are likely to result in a hearing before a federal judge. Each week, during the first part of the class, the students will explore a different area of substantive law involving frequently litigated topics in federal court such as attorney/client privilege, review of electronic evidence, use and scope of protective orders, and motions to compel. The second half of each class will involve the "litigants" presenting their arguments to the Court based on fact scenarios given to the litigants the prior week. The course is taught by federal judge, Hon. Virginia M. Kendall, and will take place in her courtroom in the Dirksen Federal Building. (Kendall)
The purpose of the Federal Tax Clinic is to educate the student in the practice and procedures of federal tax law and dispute resolution before the Internal Revenue Service (IRS) and the United States Tax Court. The tax clinic is neither exclusively a "skills center" nor a "theory center." Instead, all the numerous components of tax law practice are integrated in the curriculum of both classroom study and legal practice with actual clients. Some of the subjects include client interviewing and counseling, negotiations, and tax litigation. Students handle cases at the IRS and Tax Court level on a clinical basis and, with the clinic attorneys, prepare all appropriate written responses to the IRS, prepare Tax Court petitions, and litigate tax cases. Federal Income Tax is a prerequisite, and Tax Audits, Procedure and Ethics is recommended. (Novy)
The purpose of the Federal Tax Clinic is to educate the student in the practice and procedures of federal tax law and dispute resolution before the Internal Revenue Service (IRS) and the United States Tax Court. Federal Tax Clinic II affords students from the tax clinic the opportunity to carry their cases through to completion. It is more independent and sophisticated than tax clinic I. Students continue to develop the skills that they learned in tax clinic I, including client interviewing, negotiations, tax litigation, correspondence with the IRS, and preparation of petitions to Tax Court. Federal Income Tax and Tax Clinic I are prerequisites.
The purpose of the course is to explore, in ways that are personally meaningful and professionally useful, the role of law in regulating the lives of women. We will cover the historical background of feminist legal theory, the standards of constitutional equality, the various feminist theories, and the construction of female sexuality. We will turn to Nussbaum's work on sex and social justice in order to pursue a philosophical grounding in the anti-subordination principle on a global basis. The remainder of the course will study one or more of the following, to be determined by the class: violence against women, reproduction, marriage, mothering, education, wage labor, and the legal profession.
Open to: M.J. students only. The course has two objectives. First, it will examine and analyze the current bank regulatory system. Consideration will be given to the function and regulation of depository institutions as well as that of various classes of affiliated entities such as those involved in the issuance of securities, insurance and merchant banking. Second, the course will examine the mechanics of key bank operations including, syndicated lending, underwriting and the securitization of debt securities.
Open to: M.J. students only. This course will examine the regulatory regime applicable to securities broker-dealers and futures commission merchants. Primary focus will be on the substantive content of the Securities Exchange Act of 1934 and the Commodity Exchange Act of 1970, and the regulations promulgated thereunder. Secondarily the course addresses the self-regulatory agencies responsible for overseeing the securities and commodities trading system.
This course examines the history, theory, and jurisprudence of the First Amendment, with particular emphasis on the speech, press and religion clauses.
This course covers federal physician self-referral law, commonly known as the Stark Law, and fraud and abuse law. Students will learn about the statutes, regulations, and advisory opinions that define the parameters of physician referrals and anti-kickback laws, analyzing case studies for fraud and self referral issues. Students will also familiarize themselves with the laws, regulations, and government regulatory actions designed to combat false claims and other types of fraudulent activities. (LLM only or with permission.) THIS CLASS IS ONLY AVAILABLE ONLINE AND WITH PERMISSION.
This course provides an overview of statutory, administrative and case law affecting Illinois school districts. Legal issues addressed include: powers and duties of the school board; compliance with open records and open meetings laws; teacher tenure, evaluation, reduction-in-force, and for cause dismissal; collective bargaining and labor dispute resolution; legal aspects of supervision, teacher/school liability, common law and statutory immunities; mandated child abuse reporting. Student issues include state law requirements pertinent to residency; discipline, drugs/weapons offenses, suspension and expulsion; federal and state student confidentiality laws. (Hirsman)
This course considers how patents impact access to medicine in today’s global economy. While there are many issues that impact access to medicine, patents are the highlight here because patents are often poorly understood, yet have an enormous impact on access to medicine. After all, the existence of a life-saving or sustaining drug is essentially of no utility if it is priced beyond reach. This class aims to broaden students’ consideration of different views of patents in the context of exploring a growing web of international agreements that require nations to adopt specific types of patent laws that have implications for the cost of drugs. No prior knowledge of patents or international law is required, although students will learn some aspects of each by the conclusion of the course. Student grades will be based on class participation and a final project that does not require outside legal research; there will be no final exam.
This seminar examines the laws and legal system of a different country each year and consists of a semester-long class and a required field study and service component over spring break. Past countries of study have included Tanzania, India, Thailand, South Africa, and Turkey. This unique team-based experience actively engages students in the learning process. Students, working in teams under faculty direction, conduct research, make class presentations, organize the field study and service components of the course, develop group research proposals, and produce scholarly papers, several of which have been published.
This course will introduce students into the roles of government, charitable, and private institutions in identifying, preventing, and addressing public health issues. Students explore the role of state government, federal government, and the private sector in addressing issues surrounding healthcare delivery, access, financing, quality, cost control, the uninsured, transparency, and public health. Students will have the opportunity to draft analysis of government policies and work in teams to present on a public health issue. (Carvalho, Deaton)
This small seminar explores more deeply the themes discussed in the introductory Law and Psychology course, especially those related to hedonic psychology. It also addresses practical applications of those themes. Enrollment is limited and selected by the instructor. (Bronsteen)
This course is designed to introduce students to the business of health care, including the types, formation and operation of health care organizations. Topics covered will include health care finance, taxation, payment and coverage. Students will learn about basic transactions, including collaborations, mergers, and joint ventures and the application of securities laws to these transactions. The course will also cover basic financial operations and corporate governance and students will become familiar with basic organizational documents. (Singer)
Students explore the general principles and techniques of financial management and accounting as applied to health care organizations. Considerable focus is placed upon definition, history, and methods by which providers of health care services are reimbursed by third parties.
This course will progress from the basics of a compliance program, including the compliance operations and the Code of Conduct, to specific issues facing the healthcare industry such as anti-kickback, Stark, False Claims Act, and civil monetary penalties; conflicts of interest and governance; tax; coding and billing; privacy, technology, data, and security; and the link between regulatory issues and quality of care. Students will be assigned projects to show them how to implement in a practical setting the various laws, regulations, and standards as well as understand the enforcement environment. THIS CLASS IS ONLY AVAILABLE ONLINE AND WITH PERMISSION.
This course is designed to expose students to key legal concepts in the health care corporate compliance field, which may be broadly defined as the application of internal corporate initiatives to ensure compliance with applicable federal and state laws and regulations. Particular emphasis will be placed on Anti-kickback Statute, the Stark law, the False Claims Act and its whistleblower provisions. Readings will derive from various sources: case law, legislation, regulations, government reports and legal articles. Underlying course themes will include how to structure an effective compliance program and the role of government enforcement arms in controlling health care costs.
Fundamental principles of contract law, illustrated primarily through a study of cases drawn from the health care industry are discussed and explored in this course. Students will learn how to draft and interpret contracts commonly used in the health care setting. THIS CLASS IS ONLY AVAILABLE ONLINE AND WITH PERMISSION.
Health care disparities is a capstone course that will focus on three major topics in this broad area of public health, providing students with the opportunity to plan and execute projects that will require the drafting of a white paper and a community needs assessment and implementation plan, as well conducting interviews of key thought leaders. Topics for the 2015 course include responding to the medical needs of veterans in the light of the crisis in the Veterans Administration, addressing teenage pregnancy in Latino populations, and crafting innovative approaches to the growing need for community mental health programs. Classes will be discussion based and various group presentations will be integrated into class sessions as well. The course will stress a variety of legal and public policy approaches to the issues at hand.
This course will examine the three major Federal laws governing healthcare fraud and abuse: the Stark law, the Anti-Kickback Statute, and the False Claims laws. Students will learn how to navigate through the complex maze of statutes and regulations. In addition, the public policy concerns which underlie each law will be discussed in great detail throughout the semester. The goal of the course is to equip the future lawyer with the tools necessary to properly identify healthcare fraud and abuse issues, and to effectively advise their clients on these issues.
This course serves as an introduction to labor and employment in the health care industry. Topics covered will include union representation, supervisory status, harassment and discrimination, independent contract relationships, employment at will, and wage and hour standards. (Schurgin)
This course will cover key areas of health care litigation. Students will explore the substantive and procedural law of medical negligence litigation and learn about pretrial matters such as drafting pleadings, motions and deposing experts. Students will have the opportunity to develop trial techniques including preparing direct and cross examinations. They will also be able to participate in a medical negligence mock trial. Additional topics will include compliance and internal investigations, licensing procedures, technology litigation, managed care litigation, and ERISA preemption. (Burke)
The role of the legislative branch of government in health care is explored through a review of major government health programs and policies Students will learn how health policy gets formulated, evaluated and assessed prior to being voted into law and will then explore the process of new policy implementation. Issues to be explored will be drawn from the wide array of health matters in which governments are involved. THIS CLASS IS ONLY AVAILABLE ONLINE AND WITH PERMISSION.
This course covers the types of health care payors and the relationships between them, including HMOs, PPOs, CMPs, Medicare and Medicaid, and other managed care arrangements. Topics will include utilization review, ERISA, agency doctrine, and payor operational and contracting issues. Students will become familiar with managed care contracts and analyze health care plans and policies. (LLM only or with permission.) THIS CLASS IS ONLY AVAILABLE ONLINE AND WITH PERMISSION.
Health Care Payment and Policy is a course which focuses on the roles of payers, purchasers, providers and consumers in the shifting arena of health insurance. A primary variable in the course will be consideration of the Affordable Care Act and the regulatory compliance challenges posed by it .The first part of the course will explore the development of health insurance, the growth of managed care models and the role of employers in shaping health benefits. The second portion of the course will explore the evolution of Medicare and Medicaid, with a strong emphasis on state health policy development. The final portion of the course will consider the evolution of new health delivery models such as Accountable Care Organizations and Patient Centered Medical Homes, new reimbursement methodologies that combine cost and quality elements and the expanding efforts at prevention and wellness in the face of chronic illness challenges. Students will be required to write three office memos and participate in a group project exercise.
This course will cover health information law and policy as it pertains to data security and privacy of electronic health records in the United States. Students will examine how individual health information is collected, maintained, and transferred in this electronic information age, and the ramifications when such information is improperly protected, stolen, and misused.
This course covers the Health Insurance Portability and Accountability Act and the statutory and regulatory framework for the privacy and security of health information. Students will learn about the historical basis of privacy and global comparisons. Topics will include data privacy, security, oversight, and breaches of protected health information. (Zacharakis)
This course details the regulation of health insurance companies in the United States with a focus on the changes brought about by the Affordable Care Act (ACA). Although the ACA is federal legislation, its implementation is reliant on the states. This course will address how the current regulatory system will adapt to the new federal health care scheme.
Perspective Elective (1Ls Spring term only)
The Health Justice Advocacy course is a live-client clinic that provides law students with an intensive, challenging education in the fundamentals of legal practice. Students practice and hone their ability to investigate facts, interview, issue spot, and advocate on behalf of a client. Students may address a variety of legal matters related to the client’s health, including medical debt forgiveness, advance care planning, housing conditions and public benefits denials. Students also gain experience collaborating on an interprofessional level and an understanding of legal systems that affect poverty and health. This course is ideal for a student embarking on a public interest, social justice or health law career.
None for Fall terms.
Faculty permission for Spring term. The course is only open to 1Ls during the Spring term.
Students enrolled in the Health Justice Policy course will serve as legislative student lawyers. Students will engage in multiple activities that may include the representation of a national organization and the development of policy approaches to support access to health for low-income individuals. Students will practice legislative lawyering skills, which may include stakeholder analysis, legal research and drafting, creative problem solving, interdisciplinary collaboration, among others. Students will also work on an interdisciplinary team that includes social work and medical students. Students must be available to participate in a mandatory orientation prior to the start of the semester and are expected to maintain a minimum of one office hour per week. Faculty permission required.
The Health Justice Project is a live-client law school clinic that provides law students with an intensive, challenging education in the fundamentals of legal practice, systemic advocacy, interdisciplinary collaboration, creative problem solving and professional values. Through direct representation of clients and participation in an interdisciplinary medical-legal partnership, students address the social, legal and systemic barriers that prevent long-term health and stability for low-income individuals and families in Chicago. Case subject matter may include housing, public benefits, disability and other areas of law. Enrollment in the Clinic requires a significant time commitment and flexibility in the student’s schedule. Students are required to attend hearings and court appearances, participate in an interdisciplinary partnership and tend to other client matters throughout the semester. Students must be available to participate in a mandatory orientation prior to the start of the semester. Faculty permission required.
This a unique course offered once a year to a select group of students from Loyola and DePaul. Enrolled students read and discuss draft articles of nationally renowned professors in the field of health law. They must also write a three page memo (double spaced) with comments on the article that will be useful to the professor. The articles are typically draft law review articles. The discussions are focused on helping the professors to refine and improve their articles, such that a strong foundation of health law is expected, even though there is no official pre-requisite. This course meets every week, but the students only meet in person roughly half the time, with the other half of the sessions done by videoconference. Three of the in-person classes will be at DePaul and the other three in-person classes will be a Loyola. Please be sure that your schedule allows you to arrive at either law school by 4 p.m. There is no final exam or research project required for this class. Instead, students are required to attend and actively participate in all classes and write comment memos as described above. Students must apply to the supervising professor at the law school they attend in order to be sure that they understand the nature of the course. Email the instructor to assure to arrange for this interview
Open to: LLM, MJ, SJD, and DLaw students. Prerequisites: none. LLM, MJ, SJD, and DLaw students may earn credit for participation in a targeted research tutorial. The scope and subject are chosen with the guidance of a faculty member who directs the students. (JD students can research in the health law field, but must register for the JD Directed Study.) (Singer, Blum)
Open to: LLM students enrolled in campus courses. Students enrolled in the LLM in Health Law degree program may earn externship credit for working at an approved health law externship site. This program is designed to offer students practical experience to further develop lawyering skills and health law expertise. Students may receive up to three credits.
This course exposes students to emerging issues impacting the health care industry. Each issue has the potential to impact providers, health care organizations, health care attorneys, and consumers. The summer 2015 HLSS course will focus on leadership, management, and strategy in the health care context. This course is structured over 14 weeks, in which we alternate between reading weeks, where students are given reading material to introduce them to each issue, and synchronous classroom lectures by national experts on each subject. At the end of the course, each student is asked to write a reflective paper on one of the issues presented and describe the impact that they believe it will have on their practice or the delivery of health care in general. This course is graded pass/fail. THIS CLASS IS ONLY AVAILABLE ONLINE AND WITH PERMISSION.
People use the expression "trial and error" in reference to a continual experiment yielding both positive and negative results. Yet it is all but forgotten that the federal courts developed in precisely this manner at the hands of many successive (and sometimes shortsighted) Congresses. Since 1789, Congress has tinkered with every conceivable detail pertaining to the Third Branch, from the important (such as defining federal jurisdiction) to the trivial (such as micromanaging times for holding court). Some of these efforts were short-lived, while others have persisted since the first Judiciary Act in 1789 and today constitute cornerstones of the modern federal judiciary. With that pedigree in mind this course will examine certain aspects of the evolution of the federal courts from 1789 to the present, with particular emphasis on the structure and function of current, abolished and reconstituted Article III (i.e., constitutional) courts, federal judicial legislation, the federal judiciary, specialized Article III courts, the advent of Article I (i.e., legislative) courts and court officials. The instructor will evaluate students by a final examination as well as classroom participation. (Banich)
The course includes the study of public and private housing, with reference to federal and state constitutional and statutory law. In 1949, Congress declared the goal of “a decent home in a suitable living environment for every American family.” However, more than 60 years later, over 95 million Americans confront serious housing problems or have no housing at all. Students will gain an understanding of the history of housing law, the lack of adequate housing in the United States, the consequences of inadequate housing, as well as the programs and legal tools designed to meet housing needs. Students will examine various programs designed to facilitate access to decent and affordable housing and develop strategies for addressing the housing crisis. Each student will prepare a seminar paper (or series of papers) on an aspect of housing as well as present in class on that topic.
Human rights issues have come to the fore front around the world, in courts and legislatures, in corporate board rooms, in the corridors of the United Nations and the international trade and financial institutions. This emergence and universalization of human rights has arisen as the promotion and globalization of free markets through trade liberalization, flows of foreign direct investment and finance across national boundaries has intensified. This course will examine how the growing influence of the international human rights framework is implicated in settings such as the overseas manufacturing operations of companies like Apple, in extractive industry mining activities such as those involving ‘blood’ diamonds, and in China’s huge infrastructural projects particularly in Africa. These case studies and more will be examined in light of the history and theoretical origins of human rights such as rights to food, housing, health, education, cultural expression, political participation, and prohibitions of discrimination and violence. The course will examine a variety of responses to these case studies as they relate to the legal framework under major international and regional human rights treaties and how international, regional, and domestic courts, (including federal courts under the Alien Tort Statute), and other actors have interpreted them. No prerequisite is required.
This course will cover the law of protecting human subjects in clinical research. Federal agencies require institutions conducting research to have a study approved by an Institutional Review Board (IRB), obtain informed consent from the human subject, and self-disclose to the government various events. The course will review the regulations governing IRBs, the content of informed consent forms, the monitoring of research studies, and the disclosure of unanticipated events and significant non-compliance. The course will look at enforcement cases as well as tort liability. Financial relationships between investigators and sponsors will also be covered. LAW 958 is a preferred prerequisite but is not required.
This interdisciplinary seminar will explore issues confronting children who are survivors of human trafficking within the United States, as well as an examination of efforts to prevent and intervene in this social problem. The seminar will begin with an overview of contemporary laws and policies addressing human trafficking, explore various frameworks (gender, criminal justice, public health) around movements to combat child trafficking, analyze current research in the field, and explore case management, services, and techniques utilized by service providers. Assignments will include in-class exercises and a final project addressing ways to advance the movement to combat child in the United States.
The sexual exploitation and trafficking of minors has reached a crisis point, both in the United States and abroad. The United States Congress has responded to this ever-increasing threat by passing extensive legislative enactments aimed at deterring this pernicious activity, providing severe – and often controversial – punishment for those who engage in it. While federal and state prosecutions in this area are at an all-time high, law enforcement and prosecutors continue to miss critical opportunities because they fail to fully understand the nature of the threat, and lack a solid grasp on the integrated arsenal of statutory tools at their disposal. Similarly, members of the judiciary, as well as victim advocates and pretrial service officers, may appreciate the laws on the proverbial books, but often lack familiarity with the sophisticated means employed by organized criminal group and the role of public corruption involved in the large-scale exploitation of children. They also misunderstand the rationalization through which individuals engaged in the exploitation of children tend to self justify their conduct, and have never confronted the statistical realities challenging the belief in meaningful rehabilitation of sex offenders. Put simply, although the complex and inter-related legislative anti-exploitation and anti-trafficking framework is now the firmly established law of the land, its theoretical and practical nuances are widely misunderstood, and indeed are all too frequently not understood at all, by the very professionals entrusted with the difficult task of protecting humanity’s most vulnerable.
This seminar will start with the statutory analysis rendered more comprehensible through the vehicle of real-world examples from the experience of Judge Kendall who will explain the history and present-day reality of the federal response to child exploitation. The seminar will analyze the various laws that govern the roles of the stakeholders: prosecutors, defense attorneys, judges, immigration officials, pretrial services officers, and victim advocates. The seminar will further explore all of the victim issues that make these cases complex and challenging. Students will explore victims' needs, rights, and opportunities for redress including restitution and expungement of criminal records. Students will hear first hand from federal agents who have prosecuted human trafficking cases; will see and hear the evidence presented to federal juries, will hear from a victim of the crime, and will learn from those victim advocates who seek to redress the harms inflicted upon victims.
The seminar will span two days and have multiple speakers and employ an interactive question and answer format. Students will be required to submit a 15 page paper on a topic of interest from the seminar for a final grade.
The Instructor: Honorable Virginia M. Kendall