Practical Lawyering Skills
A skills class is one that offers substantial instruction in the professional skills generally regarded as necessary for effective and responsible participation in the legal profession. All J.D. students are required to complete the skills course requirement prior to graduation. To fulfill this requirement, students may take a single two credit course, or two one credit courses. Students have a wide range of course options designed to promote fundamental lawyering skills. Each semester's registration packet designates all course offerings that satisfy the skills class requirement. In addition, students receive information about this course requirement as part of regular curriculum counseling sessions conducted by the administration. Students receive credit in all skill courses.
- 745 - Access to Health (2-3)
Access to Health explores 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 an optional spring break field study to an impoverished region in the United States or abroad. The course incorporates experiential learning through final projects with local and national organizations.
- 204 - Adoption Law Seminar (1)
This is a seminar course which will give the student an overview and basic understanding of the fundamental legal principles of adoption. A different adoption topic will be covered every week, including the different types of adoption, for example, domestic, international, special needs, coparent adoptions. Social and financial aspects of adoption will be presented. Issues in reproductive technology will also be discussed including donor gametes (egg and sperm donation) and embryo donation. Students will write a paper on a topic provided by the instructor. (Bush-Joseph)
- 856 - Advanced Alternative Dispute Resolution (3)
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)
- 197 - Advanced Business Organizations, Including a Comparative Perspective (2)
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).
- 310 - Advanced Civil Procedure (2)
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.
- 351 - Advanced Copyright Law (3)
This course will focus on advanced copyright law principles and will deal with the interactions and tensions between copyright law, technology, and globalization. In particular, this course will be a study of cases and problems engendered by the information economy. In addition to analyzing the Copyright Act and copyright case law, we will consider the historical, technological, political, and legal contexts within which copyright law applies and evolves.
The course will be an exam class, and has as a prerequisite the completion of the Intellectual Property Law survey course. (Frischmann)
- 189 - Advanced Corporate Law: Conducting Due Diligence (2)
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
- Material Contracts
- Product or Service Lines
- Customer Information
- Insurance Coverage
- Articles and Publicity (Sabol)
- 386 - Advanced Corporate Tax (3)
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)
- 356 - Advanced Courtroom Communication (1)
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.
- 311 - Advanced Evidence (2)
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)
- 757 - Advanced Health Justice Project (2)
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.
- 732 - Advanced Issues in Health Care Fraud and Abuse (2)
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.
- 290 - Advanced Legal Research (1)
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)
- 184 - Advanced Litigation Skills (2)
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)
- 246 - Advanced Mediation Advocacy Practicum: EEOC Mediation Advocacy Project (3)
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)
- 518 - Advanced Mediation Certification and Courthouse Practicum (3)
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.
- 123 - Advanced Partnership Tax (1)
Partnerships continue to be a favored form for conducting business because of their flexibility and flow through status for tax purposes. Partnership taxation presents complex issues which if dealth with appropriately can make a significant economic difference for their owners. This course examines a variety of advanced partnership taxation topics required of an attorney providing tax advise including entity classification, drafting and understanding of income allocations under § 704(b) and (c), allocation of partnership liabilities, disguised sales and other gain deferral and triggering provisions, sale and acquisition of partnership interests, and other topics, including treatment of distressed partnership, if time permits. (C. Boyer)
- 441 - Advanced Trial Advocacy with Courtroom Technology (3)
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.
- 293 - Advanced Writing for Legal Practice: Civil Litigation (2)
This course focuses on writing assignments that traditionally arise in the course of civil litigation. It is designed to develop and enhance the art of precise and focused writing. With a fact pattern drawn from an actual case, students will draft and answer pleadings, discovery and dispositive motions. The course will also address client communications, settlement and litigation alternatives. Class time will be a mixture of lecture, class discussion, exercises and guest speakers. (Gilbert, Legner, Mason)
- 293 - Advanced Writing for Legal Practice: Civil Litigation (1)
This specialized writing course will focus on the writing and drafting skills that nearly all attorneys require, particularly those entering the world of litigation. Students will learn how to draft and answer complaints, interrogatories, requests to produce, Motions to Dismiss, Motions for Summary Judgment, and other frequently utilized motions. This class is intended to give students a greater understanding of the practical and theoretical import of drafting pleadings and written discovery, including the eventual effect these documents have at trial. Students take what they learn in theory and immediately put it into practice, learning from actual complaints, answers, motions, and written discovery. The emphasis will be on Illinois Civil Procedure rules. 40% of the grade in this course is based on class participation. 60% is based on a written assignments. (Caldwell)
Text: Course packet prepared by Professor Caldwell.
- 293 - Advanced Writing for Legal Practice: Criminal Law Litigation (2)
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.
- 293 - Advanced Writing for Legal Practice: Employment Discrimination Litigation (2)
The course is designed to expose the student to the arc of an employment case – from demand letter through summary judgment ruling, from both the plaintiff and defense perspective. Students will have the opportunity to draft a variety of documents typical in an employment case, alternating between documents submitted by the plaintiff and those submitted by the defense.
In addition to providing students with experience drafting practical documents, the course will focus on the procedural mechanics and strategies of litigating an employment case, as well as on substantive employment law topics.
- 293 - Advanced Writing for Legal Practice: Illinois Civil and Criminal Litigation (2)
This course focuses on the development of skills necessary for particular writing assignments that arise in the course of a civil lawsuit or a criminal prosecution. While writing well in litigation is important in itself, it also contributes to a litigator’s skill as an oral advocate. Moreover, practice in oral advocacy contributes to a litigator’s effectiveness as a writer. For this reason, this course will require the student to participate in oral advocacy exercises as well as undertake specific writing assignments.
The course is designed the student with a strong sense of the overall strategy necessary to be effective in the development and presentation of a case. It will cover a wide range of skills, including the drafting of complaints, the preparation and presentation of motions, opening statements and closing arguments, the careful researching of local rules, the drafting of memoranda, the development of techniques for examining witnesses, the use of discovery tools and the application of a structured approach to settlement negotiations. In addition to the writing associated with these skills, the course will focus on the aspects of these skills that support an overall litigation strategy. (Herbert)
- 293 - Advanced Writing for Legal Practice: Public Interest Law (2)
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.
- 293 - Advanced Writing for Legal Practice: Responsible E-Mail and Letter Drafting
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.
- 293 - Advanced Writing for Legal Practice: SEC Enforcement Actions and Criminal Prosecutions of White-Collar Crime (2)
This course will focus on the legal and practical issues arising from SEC Enforcement actions and the resulting litigation, 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 Department of Justice criminal prosecutions of white collar crime. Basic familiarity with the securities laws is presumed. Students will be required, among other things, to conduct an insider trading investigation, draft an Action Memorandum seeking Commission authority to file an action in federal court, draft a complaint and other pleadings, conduct a deposition, make a presentation to the class, discuss reading assignments in class, and actively participate in class discussions.
- 482 - Advising Not-for-Profit Organizations: Business Practicum (2)
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.
- 545 - Advising Not-for-Profit Organizations in Real Estate and Business Transactional Settings (2)
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.
- 556 - Alternative Dispute Resolution (2)
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)
- 556 - Alternative Dispute Resolution (2) - Coupet
This course aims to help law students become effective problem solvers through development of their knowledge and skills in negotiation, mediation, and arbitration as applied to a range of legal disputes. Student will learn to assist clients in identifying their goals and searching for creative solutions that produce efficient, expansive and effective outcomes. Students will learn about negotiation, mediation, and arbitration through lectures, but primarily through case simulations followed by critical feedback. Class attendance is critical. Participation in this course includes one six hour Saturday workshop in April offered in lieu of 3 regularly scheduled April classes. (Coupet)
- 546 - Anatomy of a Deal (1)
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.
- 150 - Applied Civil Procedure (3)
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)
- 476 - Art Law (3)
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 gratuitious 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)
- 183 - Art Law Practicum (1)
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)
- 139 - The Art of In-House Legal Counseling (3)
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)
- 507 - The Art of the Presentation (1)
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.
- 825 - Business Law Center Clinic and Seminar I (4)
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)
- 480 - Business Planning (3) - Murdock
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)
- 615 - Child and Family Law Mediation (2)
This course counts as a Skills course.
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)
- 620 - ChildLaw Clinic (3-4)
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.
- 613 - ChildLaw Fellows Seminar (1)
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 rhe complex and evolving systems that affect children and their families. (Geraghty)
- 606 - ChildLaw Legislation Clinic (2-4)
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)
- 602 - ChildLaw Trial Practice (3)
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)
- 601 - Child, Parent and State (3)
This course counts as a Perspective Elective course.
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)
- 644 - Children's Legal Rights Journal Associate Editors (1)
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)
- 643 - Children's Legal Rights Journal Executive Editors (2, 3)
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 communcation with the publisher. (Geraghty)
- 645 - Children's Legal Rights Journal Senior Editors (1)
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)
- 663 - Children's Summer Institute (2)
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 firstname.lastname@example.org or 312-915-6482.
- 496 - Client Counseling and Negotiation (2)
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)
- 404 - Client Counseling Seminar (1)
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)
- 501 - Collaborative Law and Mediation (2)
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)
- 128 - Commercial Lease: Art and Strategy (3)
This is an advanced seminar intented to give students a working familiarity with the anatomy of a commercial real estate lease document, using actual examples, and provide a real-world introduction, from a practitioner's perspective, to: (1) the substantive law that applies to commercial leasing (and financing commercial leases); (2) the business objectives of commercial landlords, tenants and mortgage lenders as they analyze and negotiate commercial leases; and (3) the ways transactional lawyers use specific lease terms to further their clients' objectives, while keeping the lease balanced enough to keep the deal intact. The course will focus on Illinois law, but the instructor will point out points on which state law may differ, and how that might affect the lease terms. The course focuses on a "vanilla" office lease for a multi-tenant building. The draft lease, itself, is, in effect, the central "text," and classes would be organized around the major lease sections. In addition to the lease itself, course reading materials will include excerpts from statutes, treatises, practitioners' guides, and, occasionally (but rarely), court cases. The goal of the proposed course is to provide as nearly as possible, given the constraints of a classroom setting, the quality and substance of the experience a first-year associate would ideally have in a law firm in reviewing, negotiating and drafting a lease under a supportive, mentoring partner (i.e., the instructor). Students will volunteer to be landlord's counsel, tenant's counsel or mortgage lender's counsel. For the duration of the course, students will review, analyze and participate in discussions from their chosen perspectives.
Prerequisites for the course are Contracts and Property. Students who have taken courses in Real Estate Law, Landlord-Tenant Law and/or Secured Transactions would be at an advantage. (Vranicar)
- 595 - Community Law Center Clinic I (4)
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)
- 596 - Community Law Center Clinic II (3)
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)
- 544 - Community Lawyering and Civic Rights Practicum (4)
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.
- 561 - Comparative Education Law and Policy: Early Childhood Education (2-3)
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.
- 238 - Comparative Law Seminar: Chile (3)
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)
- 134 - Complex Federal Criminal Practice
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.
- 528 - Contract Drafting (2)
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.
- 264 - Contract Negotiation and Drafting: Information Technology (2)
The purpose of this course is to provide contract negotiation and drafting experience to students in a "real life" setting. The students will be placed in teams and will all receive the same background facts and precedent "form" documents in order to negotiate and draft an executable agreement relating to software development, license, implementation and support and maintenance that reflects each team's negotiations. Prior experience in information technology or business is NOT required. During the course of the semester, we will work through the purpose and drafting of various provisions in the agreement. By the end of the semester, students should have a basic understanding of the structure of a business transaction in general and an IT agreement in particular. Students will be comfortable with the purpose of recitals, representations and warranties, covenants, including limitation of liability and indemnification issues. (Ross)
- 298 - Contracts in Complex Commercial Transactions (2)
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.
- 400 and 401 - Corboy Fellows, I and II
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).
- 126 - Corporate Compliance Programs (2)
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.
- 498 - Corporate Governance Law and Practice (2)
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.
- 711 - Corporate Transactions in Health Law (3)
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)
- 161 - Counseling Small Businesses (2)
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.
- 582 - Derivatives for Lawyers (1)
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)
- 431 - Documenting and Negotiating Finance Transactions (2)
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)
- 461 - Education Law and Policy (3)
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)
- 160 - Education Policy and Practice: Counseling the School District (3)
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.
- 166 - Education Law Practicum (1.0 - 4.0)
This unique course has a classroom component and a field work component. The class meets formally one hour per week to cover substantive education law issues and to develop skills tailored to the practice of education law. The field work component provides students with an opportunity to gain experience in the practice of education law through placement with a local law firm or non-profit organization. Students may choose to provide either: (1) direct representation and help to children and families in need of special education services; or (2) representation of school districts in education law matters. Students may register for 1 to 4 credits, depending on their level of commitment to the field work and agreement of the placement supervisor. Permission of instructor is required. (Kaufman, Coustan)
- 559 - Education Litigation: The Impact of Civil Rights EquIty Cases on K-12 and Post-Secondary School Policies (2)
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)
- 551 - Electronic Discovery Law and Problem Solving (2)
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)
- 577 - Employment Law Counseling (3)
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)
- 451 - Estate Planning (3)
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)
- 336 - Expert Witness Theory and Practice (2)
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 (2-3)
Students who have completed all first year courses (Civil Procedure, Contracts, Constitutional Law, Criminal Law, Property, Torts, and Legal Writing) and who wish to receive graded credit for work performed in an approved field placement may apply for this externship. Certain field placements may limit eligibility to students who have completed certain course work or who have obtained their Rule 711 license. Students enrolled in this course may receive two or three hours of graded credit for supervised work performed in an approved field placement. This externship includes a classroom component that focuses on the performance of discrete legal tasks. It has been designed to allow students an opportunity to further develop practical lawyering skills. Students will be graded on classroom participation, simulations, practice area based drafting and research assignments, and field placement evaluations. There will be no final examination. (Gough)
- 554 - Family Law Practicum (1)
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)
- 447 - Federal Criminal Practice (2)
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 supress, 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)
- 864 - Federal Criminal Trial Advocacy (2)
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)
- 280 - Federal Income Tax (3)
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)
- 422 - Federal Litigation Practice (2)
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)
- 483 - Federal Tax Clinic I (2-4)
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)
- 486 - Federal Tax Clinic II (2)
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.
- 305 - Global Seminar and Field Study (3)
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.
- 741 - Health Care Business and Finance (3)
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)
- 719 - Health Care Labor Law Seminar (1)
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)
- 729 - Health Care Litigation and Medical Malpractice (2)
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)
- 720 - Health Care Payment and Policy (2)
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.
- 761 - Health Justice Policy (2)
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.
- 755 - Health Justice Project (4)
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.
- 151 - Housing Law and Policy in the United States (2)
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.
- 131 - Illinois Criminal Law & Policy (2)
The course will focus on a substantive review of Illinois criminal law, its origins and evolution. It will also focus on policy decisions and trends that that drive changes in criminal laws. While the focus of the course is Illinois centric, the statutes and policies reflect national criminal law and policy trends. (Baroni)
- 313 - Illinois Litigation (3)
Ninety percent of all litigation is in the state courts. If you plan on practicing in the Illinois state courts, you have to take this class. Teaming a star civil litigator with two veteran judges, this newly redesigned course will focus sharply on the crucial knowledge and skills needed to survive the confusing and hectic court system. Eliminating a final exam, the course will test your written and oral argument skills in a more realistic way in the context of the labyrinth of procedural rules and statutes that govern different phases of civil litigation in Illinois. Using actual cases, students will learn how the rules apply to the facts and substantive law in a concrete way, as well as how to argue issues arising in the pre-trial setting. If you want to study obscure or never-to-be-repeated scenarios, this course is not for you. Instead, we plan to pare down the syllabus and study pleading skills, motions to dismiss, discovery, summary judgment and the other litigation skills that dominate the life of a civil practitioner. Because so many graduates are now thrown directly into the courtroom either as solo practitioners or litigation associates, the course has been reshaped to be immediately useful the first time you head up to court. (Donnelly, Tailor, Kotin)
- 377 - Intellectual Property (3)
The course is an introduction to the law of intellectual property. This course is a pre-requisite for advanced courses in IP, but also a good survey of the area for students interested in pursing other legal careers. The focus of the course is on understanding the distinctions and similarities between the various aspects of intellectual property law. The predominate focus on the course is on trademark, patent and copyright law (in about equal proportions), with some attention also devoted to the law of trade secrets. No technical background is expected or required. (Donoghue, Frischmann, Ho)
- 756 - Interdisciplinary Health Advocacy (2)
This course is taken in conjunction with the Health Justice Project course and provides students with an opportunity to participate in an interdisciplinary team to address health problems of low-income patients. Students partner with medical residents and doctors to explore communication and ethical issues among disciplines and actively participate in precepting and grand rounds with medical and social work partners. Faculty permission required.
- 603 - Interdisciplinary Seminar on Domestic Violence (3)
This seminar explores issues of family violence, with an emphasis on domestic violence, through an interdisciplinary lens. An overview of the laws, public policy, and psychosocial approaches and trends addressing family violence issues. The course seeks to provide an opportunity for students in different disciplines to learn about the theories, philosophies, ethics, and practices of the range of professions that must confront family violence issues, and the impact of decision making in one forum on the practices and decisions made in another forum. Student are challenged to consider the strengths and weakness of the responses of various disciplines, and their interaction.
- 841 - International Commercial Arbitration and the CISG (3)
(This class is limited to 16 students)
The course uses as a focus the Willem C. Vis International Moot Arbitration Competition. Sponsored by Pace Law School, the Vis Moot is based on a problem governed by the U.N. Convention on Contracts for the International Sale of Goods (CISG). In the spring, an oral competition is held in two different venues, Vienna and Hong Kong. Recently, Loyola has been able to send a different team of students to each of the venues. The course includes about three weeks of study of the CISG, as well as approximately three weeks of study of international commercial arbitration, including basic laws and rules, how to draft an arbitration clause, how to choose an arbitrator, and how to participate in an arbitration as an advocate and as an arbitrator.
While the first half of the semester is spent learning about the CISG and arbitration, the second half is spent putting that knowledge into practice. When the problem on which the Moot Competition is based comes on line in October, students work collaboratively to draft Claimants' and Respondents' memoranda. The Claimant's memorandum is due in early December, and the Respondent's memorandum is due in late January. Students also present an oral argument before arbitrators from Chicago law firms, at the offices of the respective law firms. At the end of the semester, a second oral argument is held at the law school, after which students are chosen who will have the opportunity to compete in Vienna and Hong Kong during the spring semester, for an additional two hours of credit.
Through the emphasis on both brief writing and oral arguments, students make significant progress in their skills as advocates, as well as their understanding of dispute resolution in an international context. Their accomplishments have been well recognized in both competitions. More information about the Vis Moot is on the Pace Law School Web Site: www.cisg.law.pace.edu/vis.html.
Eligibility: If a student is part of a moot court team that will be arguing in the fall semester, he or she is not eligible to take this course, since this is a skills-based course requiring substantial out of class effort in both brief writing and oral argument. If a student is part of a moot court team that will be arguing in the spring semester, he or she is eligible to take the course in the fall, but will not be eligible to compete to be an oralist in the Vienna or Hong Kong competition. Corboy Fellows are not permitted to take this course. The course is not open to LLM students, unless they wish to audit.
Important: Permission of the professor is required. In order to apply, please submit a resume and a statement of interest to Professor Moses, email@example.com explaining a little about your background, and why you are interested in taking this course. (Davis, Moses)
- 710 - Introduction to Health Law (3)
This course provides a broad survey of the most fundamental legal issues surrounding the delivery of health care in America. No prior knowledge of health law is required. Major topics include state and federal regulation of health care providers and institutions; tort liability in the context of medical care; patient and provider rights and obligations; public and private insurance systems; and basic issues in bioethics and public health. By the end of this course, students should understand both the current state of American health law, and the social forces that have shaped its historical development. (Blum, Sawicki, Singer)
- 608 - Juvenile Justice Seminar (2)
This course will attempt to answer the following questions: How should society handle allegations of criminal behavior by children? In what way should the proceedings be designed to address the differences between children and adults? Who should decide whether a child should benefit from special treatment, judges or legislators? What responsibility do parents and communities bear in providing children an opportunity to change their behavior? How should the justice system and the school system interact? While the intersection between the child welfare and juvenile justice systems will be discussed, this course will not address child welfare practice generally or in much detail. Students will be required to prepare brief position papers during the term. The remainder of the grade will be based on performance in class and on a final examination or a major research paper written in lieu of the final exam. (Geraghty)
- 110 - Labor and Employment Issues in the Education Workplace (2)
This course, which meets once a week for two hours, will explore in depth labor and employment issues in the 21st century education workplace. Students will form teams -- representing individual employees, the union, and management- and advocate their respective positions in a variety of contexts, including collective bargaining, unfair labor practice proceedings, teacher discipline and dismissal proceedings, and contract grievance arbitration. Current events and contemporaneous developments will provide the backdrop for the course materials and class activities. Topics will include: tenure, reduction-in-force and seniority rights, and teacher accountability and evaluation of professional personnel under new education reform legislation; public sector bargaining trends in Illinois and nationally; the 2012 Chicago Public Schools teachers strike; LGBT issues, free speech, and workplace right of privacy.
- 179 - The Law of Jury Selection (2)
This course will focus on various legal and practical considerations that attorneys must face both during and following the jury selection process. The course will cover: Constitutional issues; what must be proven to establish bias; the role of trial consultants (particularly in high profile cases); challenges to the array, challenges for cause and peremptory challenges; timing and procedural limitations; the significance of group dynamics; questioning techniques and the use of questionnaires; problems at trial and during deliberations; and the extent to which the parties may be entitled to examine prospective jurors in various areas of inquiry (such as occupation, education, knowledge of the case, legal and government experience, religious and educational beliefs). Students will participate in a mock voir dire, prepare a draft questionnaire and complete a brief (5-7 page) paper on a topic to be selected in consultation with the instructor. (Donner)
- 557 - The Law of Risk Management (3)
In ways that vary from federal assistance to hurricane victims, to governmental health care programs to commercial insurance, risk management has become a vital component of the American economy. Life insurance, Medicare, FEMA and commercial litigation all represent components of an extensive public undertaking to manage risks of financial loss. To counsel and represent clients appropriately in connection with this part of the economy, it is often necessary to view issues from an unusual perspective, to "follow the loss" rather than "follow the money." This course provides a broad overview of the law of risk management, introducing students to ways in which the quantification of financial risks, the spreading of financial risk and other insurance concepts have been employed by courts and other governmental authorities to manage the financial risks faced by citizens.
This course will require students to review and discuss certain case law, as in many law school courses. It will also require students to review certain statutes and to acquire a facility in the analysis of statutes separately from case law. And it will require students to examine certain executive orders and the history of such orders. Some of the evaluation of each student's performance will be based on one or more short papers assigned during the term, and some will be based on a final examination. (Herbert)
- 585 - Lawyering the Purchase and Sale of Commercial Property (3)
This is an advanced seminar intended to give students a working familiarity with the anatomy of a commercial real estate sale, using a case study and typical documents, and provide a real-world introduction, from a practitioner's perspective, to: (1) the substantive law that applies to commercial real estate (and mortgage financing); (2) the business objectives of buyers and sellers as they analyze and negotiate purchase documents, conduct due diligence (survey, title and environmental, etc.) and negotiate mortgage loans; and (3) the mechanics of closing the deal. 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 deal terms. The “text” for the course consists of a portfolio of legal documents (letter of intent, purchase agreement, brokers agreement, title report, survey, mortgage documents and all closing documents – deeds, assignments, affidavits, escrow instructions, etc.) In addition to the actual documents, 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 purchase agreement and closing documents, conducting due diligence (emphasis on title and survey) and quarterbacking the closing, all under a supportive, mentoring partner (i.e., the instructor). Students will volunteer to be seller’s counsel or buyer’s counsel. For the duration of the course, students will review, analyze and participate in discussions from their chosen perspectives. The culmination will be a mock closing, with a couple of last-minute surprise glitches to keep things interesting.
Prerequisites for the course are Contracts and Property. Students who have taken courses in Real Estate Law, and/or Secured Transactions would be at an advantage.
- 562 - Leadership (2)
The purpose of this course is to develop an understanding of human behavior in changing organizations, and the managerial awareness, tools and methods that are available to increase effectiveness. The course surveys principles and theories about individuals and groups at work, motivation and interactive drives and processes for satisfying needs, organization strategies for effectively utilizing people and creating the environment to achieve goals of people and companies. New models of leadership, teams, organization structure are studied as the product of today’s transforming organizations. Some elements of organization development methods are incorporated to show how OD practitioners work.
- 588 - Legal Issues in Student Discipline (2-3)
May count as Experiential Learning with instructor approval.
The legal issues surrounding student discipline in public elementary and secondary schools involve the intersection of Constitutional and statutory law with the administrative hearing process. By developing a working knowledge of the school disciplinary process, course participants will build analytical and substantive skills applicable to a wide variety of practice areas.
The course will address the Constitutional implications of student discipline and the statutory provisions governing student discipline and the administrative hearing process. Students will learn about ‘zero tolerance’ policies, the role that school discipline plays in the ‘school-to-prison pipeline,’ and the discriminatory impact of school discipline policies. Issues relating to discipline in charter schools and discipline of students with disabilities will also be addressed. Other topics to be discussed include disciplinary-related challenges that arise in the context of protecting vulnerable children, including issues of harassment and bullying of LGBT and special needs children; and the legal tenets governing school districts’ responses to cyberbullying and the rise of social networks and digital media. Emerging trends in alternatives to punitive school discipline practices, such as human rights approaches, positive behavior interventions and supports, and restorative justice, will be examined.
Throughout the term, students will engage in hands-on learning activities, interactive exercises, and practical applications of the concepts and principles of the course. The culminating experience of the course will involve participation in a simulated student disciplinary hearing.
Experiential Learning Opportunity:
With instructor approval, a limited number of students taking the course will have the opportunity to serve as advocates for students facing expulsion from public schools. Students will work under the supervision of the course’s faculty to conduct client intakes, develop a defense strategy, conduct discovery, prepare witnesses, and advocate for students at a school expulsion hearing. Students may serve in this capacity as part of the course or for an additional credit, and they may earn Experiential Learning credit. Instructor permission is required to enroll in this portion of the course, and preference will be given to 2L students (no 711 license required). If you are interested in enrolling in this portion of the course, please contact Kathleen Hirsman at firstname.lastname@example.org and Miranda Johnson at email@example.com as soon as possible.
- 167 - Life After Innocence Program
Few resources exist to assist individuals who have been exonerated after serving time in prison for crimes they did not commit. Life After Innocence (“LAI”) – the first and still one of the only projects solely devoted to post-exoneration services – provides its student members with unique practical and educational experiences in a clinical classroom setting.
LAI provides a variety of legal and social services to its clients through direct interaction between students and exonerates. Students work together in practice groups to develop practical lawyering skills, acquire a deeper understanding of professional and ethical responsibility, and cultivate an attorney-client relationship in a unique and still emerging area of law. Projects may include obtaining expungements of criminal records, litigating petitions for certificates of innocence, drafting amicus briefs, and engaging with areas of law ranging from family law to criminal procedure. Students also work with exonerees as they procure identification, find housing, search for employment, obtain health services, and learn technological skills. Senior law students eligible for a 711 license may actively participate in court proceedings and draft legal documents under the supervision of LAI faculty members.
A weekly two and a half hour class meeting simulates the environment of a staff meeting in a small law firm. In addition to attending class, students will commit to performing 4-6 hours of course related work each week. Students will provide a weekly summary of time billed and agree to complete any projects not completed during the semester.
- 158 - Litigation Ethics (2)
This course focuses on ethics and professional responsibility issues specific to the litigation context. It will address the core principles in the Model Rules of Professional Responsibility pertinent to the litigation practice: competence, communication, candor, confidentiality, conflicts of interest and client control. These topics will be considered in a "real world" situation format. In addition, certain practice issues such as engagement letters, fee agreements, termination of representation and disengagement, false testimony or evidence and corrective measures, safeguarding privileged communications and client confidences, multi-jurisdictional practice, supervisory responsibility, lateral mobility, malpractice insurance and professional discipline and other consequences of rules violations or other misconduct will be taken up and discussed. There is a paper obligation and a responsibility to present that paper in class, but no exam. (Wiseman)
- 168 - Litigation Process and Techniques (2)
This course will focus on the steps involved in litigating a federal civil case up to trial, including drafting and responding to complaints, motion practice, discovery rules and techniques, including the newly regulated area of ediscovery, presenting evidence to the court to obtain summary judgment and other pretrial procedures highlights include drafting pleadings and memorandum, understaning and applying court procedural rules, and analyzing and presenting the evidence through briefs. This course is designed for those interested in the private practice of civil litigation. (Ross)
- 406 - Mediation Advocacy (3)
406 - Mediation Advocacy (3)
- 584 - Mediation Certification & Courthouse Practicum
Students in this course will be trained to become certified mediators and then develop their mediation skills through hands-on experience mediating in court. The course starts with a mandatory intensive mediation skills training conducted by the Center for Conflict Resolution (CCR) at the beginning of the semester. The course will thereafter meet once a week in seminar to discuss, practice and improve upon student mediation skills. Students who complete the skills training portion of the course and meet all of CCR’s certification requirements will be certified as CCR volunteer mediators and mediate actual cases in Cook County courts while continuing to meet in class once a week to discuss and build on what they learn in the mediations. Upon completion of this course and the CCR certification process, students will be able to continue volunteering as mediators for CCR, as long as they continue to meet CCR’s volunteer requirements. There is no prerequisite for this class; however, preference will be given to students who have already completed a mediation or negotiation course. (Block, Eatherton)
- 626 - Mediation Practicum (1, 2)
This mediation course allows students to mediate family cases through several community projects. Students are required to have participated in some type of 40-hour mediation training in order to register for this course. These students receive additional training in family mediation, co-mediation and related issues. Students mediate in family group conferences and other multiple party mediations. Students participate in multiple simulation and mediations and receive feedback on their skills. The course meets once a week for the two hours for most of the semester, however students are also required to mediate at other times during the semester. There is no examination. Grading is based on participation in mediations, simulations and discussions and self-evaluations. Students may take the course for 1 or 2 credits. For 2 credits, a paper on mediation theory or practice is required. Where the student is taking the course for 2 credits, the research paper is included in the grade. Enrollment is limited to eight students.
- 456 - Mediation Seminar (2) (Levitz, Nathanson)
Mediation is an alternative to litigation which enables disputing parties to negotiate their own agreed settlement. It involves an impartial third party neutral, the mediator, who assists disputing parties in this alternative dispute resolution (ADR) process. This course will offer an overview of mediation techniques, applications, and history. Through simulations and other in-class exercises, students will consider how mediation differs from other types of ADR processes, how mediation styles and models differ from one another, and how the role of the attorney-advocate changes during mediation.(Levitz, Nathanson)
- 456 - Mediation Seminar (1) (Green)
Mediation is an alternative to litigation which enables disputing parties to negotiate their own agreed settlement. It involves an impartial third party neutral, the mediator, who assists disputing parties in this alternative dispute resolution (ADR) process. This course will offer an overview of mediation techniques, applications, and history. Through simulations and other in-class exercises, students will consider how mediation differs from other types of ADR processes, how mediation styles and models differ from one another, and how the role of the attorney-advocate changes during mediation. 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. No textbook is required, nor is there a first assignment. (Green)
- 164 - Mergers and Acquisitions (3)
This course will introduce students to the issues that arise in merger and acquisition transactions. Students will study the legal framework within which m&a transactions and the negotiation and documentation of such transactions take place. Students will analyze the considerations involved in selecting various structural alternatives for m&a transactions, examine the dynamics of the m&a transaction negotiation process, investigate the various stages of m&a transactions and focus on the lawyer’s role in adding value to such transactions. Students will also have the opportunity to study, evaluate, draft and/or negotiate various types of documents that are commonly encountered in m&a transactions (such as, confidentiality agreements, employee retention agreements, investment banker engagement letters, letters of intent and purchase and sale agreements). There will be a take-home final examination. Students taking this class would benefit by having previously taken Business Organizations and Securities Regulation; these classes are not, however, required to take the course. (Slaughter)
- 519 - National Security Law (2)
This course is an introduction to several topical areas of national security law. Students will first learn the fundamentals of the government’s national security powers, which include issues surrounding separation of powers and government roles implicated by foreign relations. The next phase of the course focuses on the origins and evolving limitations of intelligence operations. The intelligence component of the course includes identifying the roles of various intelligence agencies, such as the DIA and NSA, as well as analyzing legal problems connected to the intelligence field. Encompassed in the intelligence component is discussion about law enforcement’s role as related to intelligence and about access to national security information. The intelligence component segues into the coordination of terrorism investigations and related issues, such as the criminalization of terrorism, material support crimes, and Fourth Amendment considerations. The class will not require a final exam, but will include a ten-page final paper. (O'Malley)
- 226 - Negotiating and Drafting a Retail Lease (2)
This course will examine the basics of retail leasing by studying a sample lease. Students will learn both the Landlord's and Tenant's perspective of a lease by negotiating and drafting lease provisions for both parties. Each week the students will participate in a mock negotiation of the provisions studied the previous week. The only text for this course will be a sample lease which will be provided by instructor. (Kelly)
- 453 - Negotiations Seminar (1)
This course will be conducted in an intensive workshop format over the course of one weekend. Students will learn the basic elements of negotiation techniques and put them into practice. We will cover the negotiation process from the initial establishment of rapport, to the resolution of the conflict and compromise, to reach final agreement. We will also cover some of the legal aspects of negotiation re the Settlement Agreement. Grades will be based on the student's performance in an actual negotiation at the end of the course. Students who do exceptionally well may be invited to represent Loyola at the ABA National Negotiation Competition in the fall. (Gaspardo/Mosshamer and dispute resolution faculty)
- 449 - Negotiations Workshop (3)
Negotiating effectively is one of the most important qualities of a successful lawyer. This course seeks to help you move from negotiating by instinct, as most people do, to negotiating more thoughtfully, more comfortably and with a clearer sense of purpose.
This course merges theory with practice to: (1) develop your understanding of negotiation, and your awareness as a negotiator; (2) give you tools and concepts for analyzing and preparing for negotiations; (3) enhance your negotiating skills through frequent role plays, analysis, and feedback; and (4) teach you how to keep learning from your own negotiation experience. In addition to negotiation skills and theory, you will be introduced to issues of representation, ethics, and the place of negotiation in our legal system.
The Negotiation Workshop is a highly rewarding and interactive course. The course syllabus consists of assigned readings, simulations, and written assignments before almost every class, and attendance at one video debrief where we will analyze your skill set. (Michel, Zelizer)
- 506 - Patent Prosecution Seminar (2)
This course offers an introduction to the art and science of preparing patent applications and prosecuting patent applications in the U.S. Patent and Trademark Office. While a discussion of selected statutory requirements and Patent Office rules will be incorporated in the lectures, the focus of the course will be on hands-on drafting and strategy. In-class exercises and homework assignments include drafting claims and various parts of a patent application, as well as preparing responses to Office Actions. There are no pre-requisites for this course, although a technical background or comfort with describing technology would be desirable. (Freeman, Hetz/Genin, Nethery, Penn)
- 252 - Personal Injury Law and Advocacy (2)
This course will include an overview of Personal Injury law and include the intake of a new case to its final resolution. The course will include not only the law and rules but the implementation of them. Students will participate, in a meaningful way, in various in court exercises and will be challenged to understand and persuasively present their client’s case. Advocacy will discussed in detail and students should be expected to be pushed beyond their previous level of skill and comfort and learn to become “trial lawyers” rather than simply personal injury lawyers. Students will learn what it is like to “mix it up a bit” in the adversarial forum of trial work.
- 304 - A Practical Introduction to Daley Center Courtrooms (2)
”Daley Center” is a practical course to acquaint the future attorney with the Circuit Court of Cook County, which is one of the largest unified court systems in the world, handling more than 2 million cases annually. It is divided into eight divisions and six municipal districts with over 400 judges hearing cases daily. This course focuses on the Daley Center which is the hub of all legal activity in the City of Chicago and is the busiest of the circuit districts. It will give the provide a familiarity with the various structures, functions and operations within the Daley Center, which houses 120 court and hearing rooms, related government agencies and the Cook County Law Library (one of the largest law libraries in the nation).
This course is essential for the prospective attorney who intends to practice in Chicago and the surrounding area. It will provide practical guidance to handle a lawsuit from its inception to initial hearing before a judge. It will teach procedure both outside the courtroom as well as before the court. You will learn the process for filing a lawsuit with the Clerk of the Circuit Court, serving the lawsuit through the Sheriff of Cook County, and prosecuting the suit before the court. The course will focus on the five divisions of the County Department (Chancery, County, Domestic Relations, Law and Probate) housed in the Daley Center in addition to the First Municipal District of the Municipal Department. It will also present an opportunity to learn from and interact with practicing attorney through discussion, lectures and presentations. The advice these seasoned practitioners offer will be invaluable to the newly-licensed lawyer who will benefit greatly from their experience, guidance and direction regarding the proper practice of law and appropriate demeanor before the bench. You will understand the daily operations of the various courtrooms and the role and function of each person assigned to the court. Additionally, you will learn the functions of the courtroom and clerk’s offices through on-site observation of morning court calls, filing and scheduling motions, viewing motion practice and an introduction to the Cook County Law Library and its helpful staff. This will be a non-graded course.
- 111 - Practical Skills Boot Camp for 3Ls (1)
Loyola has prepared you to think like a lawyer. In this intensive weekend 3L Boot Camp legal practice seminar, learn to be a lawyer. This seminar will help bridge the gap as you transition from law school into private practice. You will gain the personal skills, practical skills, and business sense to succeed in your legal practice from day one. Among other things, you will learn to think and behave like a practicing attorney. You will learn how to create professional correspondence, organize your practice, interact with colleagues and staff, and build a consistent book of work. You will also learn substantive litigation and transactional skills that will enhance the quality of your legal practice from day one. And you will hear from prominent attorneys in the community as to what they look for in new lawyers and what makes a successful new lawyer.
- 579 - Practice Fundamentals: Interviewing Skills (1)
Some of the most common complaints about lawyers stem from a single fundamental truth: we are trained to talk, but we are not trained to listen. Clients tell us frankly that we “have poor listening skills,” and further that we “don’t genuinely care about them or their case,” that we “think we know everything” and “nitpick every word they say.” Other client frustrations, such as “not communicating clearly,” “not keeping [them] informed,” and “kill[ing deals]” are superficially unrelated to our listening skills, but at bottom reflect a failure to appreciate the client’s point of view. In short, all lawyers need to know how to elicit and contextualize information from those they represent in order to represent them well. While interviewing is crucial to client relationships, its value does not end there. Young attorneys juggle many audiences in a day. These include assigning partners or department supervisors and those encountered in the course of doing the legwork that is a beginner’s bread and butter: opposing counsel and their staff, or low-level representatives of government institutions, including court and agency clerks. Happily, the listening and interviewing skills a young attorney acquires during these experiences will pay off when she tackles witness interviews and her first on-the-record interview, the deposition.
This course will introduce students to theories of interviewing and listening in a variety of legal contexts. More important, students will try their hands at different types of interviews to hone this experiential skill. We will meet for an hour each week, and our time will be spent roughly as follows: a 10-minute introductory discussion about the week’s reading, followed by a 30-minute “workshop” during which groups or pairs of students will conduct interviews using case study materials distributed in class. We will conclude by reflecting on the interview experience. Because each student will serve as both interviewer and interviewee each week, we will be able to consider the conversation from both the lawyer and the client points of view.
The course is a survey of different types of interviews young lawyers are most likely to conduct: beginning with a general overview and moving to practice-specific interviews about potential litigation or corporate work. We will then move to a conversation that directly results from the initial interview: review of an action plan with the client. From client interviewing, we will consider adapting these skills in three other contexts relevant to the beginning lawyer: witness interviews, adversary conversations (pre-negotiation or logistical negotiation) and finally, an introduction to depositions. Throughout, we will develop an awareness of the ethics and social considerations likely to arise in various communications contexts.
- 418 - Pre-Trial Litigation (2) - (Murphy)
This course integrates a theoretical and practical approach to the pretrial components of litigation. Students gain an understanding of the purpose of pleadings, pretrial motions, depositions, and settlement conferences, and extend their knowledge through practical experience. The second portion of the course complements the courses in trial practices by investigating the psychology of courtroom communication and its related effects. Overall, students should develop a more well-rounded perspective of the pretrial aspects of litigation. (Murphy)
- 418 - Pre-Trial Litigation: Illinois Civil Litigation (2)
This course will teach the students the practical application of pre-trial discovery in Illinois. The course will demonstrate real world application of discovery, from pre-suit investigation, to interrogatories, requests for production, requests to admit, and depositions. Students will be required to participate in class projects and demonstrations on the techniques of using these discovery tools. (Phillips, Webb)
- 573 - Prosecuting and Defending Terrorism Cases (2)
This class will examine how terrorism cases are investigated, prosecuted, defended and punished. It will address how suspected terrorists are targeted and captured, including surveillance methods and interrogation techniques, as well as the questions of whether these measures are effective and potentially undermine well-established and deeply in-grained constitutional liberties and culture. It will cover classified evidence in the adversarial process -- including how it is gathered, how it impacts charging decisions and trial strategies, and how courts manage it in adversarial proceedings. In addition to drawing out these issues as they operate in civilian courts, the course will also examine judicial alternatives, including the use of military tribunals or national security adjudicative systems in other constitutional democracies, as well as extra-judicial and judicially pre-emptive measures such as preventative detention, designations and the freezing of assets. Overarching issues that will animate our exploration will be the need for emergency rules and powers, the role(s) of the courts and counsel, and how well the U.S. legal system faces the challenge of balancing rule of law and civil liberty principles with the national security concerns in countering terrorism, both internationally and domestically.
This is a non-exam course. Grades will be based (i) short written impression statements on assigned weekly readings which will be used as prompts for class discussion; (ii) classroom participation, and; (iii) a 15-20 page paper on a topic of choice in the field. The class will include participation by guest speakers, including scholars and practitioners in the field.
- 478 - Real Estate Transactions (3)
This is a skills-based class covering foundational topics in commercial real estate transactions. Topics include: negotiation, drafting, and a one-class "survey school." Participation in an all-day Saturday skills workshop is required and the in-class final exam will be held prior to the traditional exam period, dates for both of these TBA in the first class meeting. Please note that this class does not address residential transactions. (Hanley)
- 797 - Risk Management, Patient Safety, and Quality (2)
The course will utilize case studies for learning and applying knowledge related to the key roles and responsibilities of the health care risk manager. Through the readings and case studies students will learn to identify legal, ethical, administrative, and risk management issues and to reach resolutions for the problems presented. (Youngberg)
- 550 - Search and Seizure: 4th Amendment Law and Practice in Illinois (2)
A practical skills course on 4th Amendment/Search & Seizure law as it applies in Illinois, and how the most common issues are litigated in criminal cases. The class explores applicable Illinois statutes, Illinois Supreme Court rules, and federal and state case law that sets forth the prevailing legal basis for individuals’ rights against unreasonable search and seizure. Taught by a Cook County Assistant State’s Attorney and with question and answer sessions with a defense attorney and law enforcement; the course takes a balanced look at both the prosecution and defense approaches to Motions to Quash and Suppress, the bread and butter of pretrial litigation and the chief avenue for deciding 4th Amendment issues. After learning the legal basics, students will be tested on their ability to identify and analyze Search & Seizure issues in various scenarios and argue for or against 4th Amendment violations, as well as practice some basic motion writing and oral arguments.
- 116 - Securities Fraud Seminar (2)
The class begins with a broad overview of the U.S. securities markets and equity products being offered to the public. Based on that foundation an analysis of fraud as it applies to securities is reviewed beginning with the history of fraud up to the current Supreme Court cases concerning the definition of securities fraud. The class will examine several different views of securities fraud including the perspective of the individual shareholder or enforcement attorney on the Plaintiff's side to the stock broker, corporate officer and Board member on the defense side. (Rzepczynski)
- 572 - Special Education Dispute Resolution (1)
This one credit hour course will provide students with an intensive simulated experience in the various processes of resolution of special education disputes. Areas addressed will include some or all of the following: contested IEP meetings, manifestation determination reviews, resolution meetings, mediation, and due process hearings. Assuming the roles of parent legal advocate and school district counsel, students will develop a practical working knowledge of federal and Illinois statutes and regulations governing special education dispute resolution; develop a legal understanding of, and working familiarity with, student special education records and documents; and learn how to interview and prepare clients, witnesses, school personnel, experts, and others for their respective roles in the dispute resolution process. (Hirsman/Johnson)
- 426 - Special Education Law and Advocacy (2)
This course, which meets once a week for two hours, will deal in depth with current and timely issues in the education of children with disabilities. Students will learn federal and State statutory and regulatory procedures in determining eligibility for services, evaluation, development of the individualized education program, and provision of services in the least restrictive environment. The education of special needs children from early childhood through post-secondary transition will be addressed. The course will focus on advocacy, statutory and regulatory compliance, and dispute resolution. Students will form teams assuming the roles of parent/student advocate, school administrators, and school service providers in a variety of simulated activities throughout the semester, including: participation in eligibility and IEP conferences; disciplinary manifestation determination reviews; resolution sessions, mediation, and pre-hearing due process procedures; and determining Section 504 eligibility and developing and implementing a Section 504 service plan. (Hirsman)
- 465 - Strategic Counseling for International Corporate Clients (2)
The course is designed to introduce students to legal issues faced by international organizations planning to invest in the U.S.A. The course is based on a practical approach and will familiarize students with the legal framework attorneys consider when counseling clients on various options of foreign commercial activity in the U.S.A. Students will identify legal issues based on a client’s actual business plan, and develop the best strategy to meet the client’s investment goals. The simulation of the challenges of today’s international corporate practice develops the students’ strategic counseling skills.
The course will analyze the traditional vehicles of investments in the U.S., including supply/agency/distribution agreements and establishments of U.S. operations. Students will examine the legal implications of various forms of business enterprise (sales or distribution company; manufacturing operations) in terms of liability tax, labor and employment, and immigration issues. The class will explore other methods of foreign investment, including acquisitions and joint-ventures, and their legal consequences, and will conclude with a look at U.S. regulation of foreign investment and issues in dispute resolution. (Fiordalisi)
- 312 - Street Law (3)
Second- and third-year students teach about law and the legal system in Chicago area elementary and high schools. Students attend a weekly seminar and teach two classes per week in their assigned school. In the spring semester students typically have the option of preparing high school students for the city mock trial competition. For that experience, prior or current enrollment in Trial Practice is advisable, but not required. (Bird)
- 384 - Tax Audits, Procedures and Ethics (2)
This course covers procedures and strategies for representing clients and resolving Federal civil tax controversies arising from Internal Revenue Service audits and appeals, including litigation. The course also includes a discussion of tax penalty provisions and the ethical issues faced by advisors in structuring tax motivated transactions and resolving tax controversies. (Duhl)
- 130 - Transactional Skills Seminar (2)
Negotiating Everything – A Transaction Skills Seminar.
The course will examine the lawyer’s role in business transactions by looking at examples of two decidedly different transactions – the negotiation of commercial real estate leases and the structure of the purchase, ownership, and operation of a corporate aircraft. The practical skills and knowledge acquired by examining these examples can be applied to virtually all commercial transactions. The class will consider the art of negotiating those transactions – and will focus on the role of the lawyer in those negotiations. We will consider a variety of negotiating strategies and how to deal effectively with opposing counsel who may, or may not, share your particular strategy. In addition, the class will examine a corporate aircraft transaction – with a myriad of parties and opposing interests and regulations - with the goal of appreciating the juggling and balancing necessary to achieve the best result possible. Along the way we will look at how there is not ONE way to do things, rather there are many ways and many strategies. The rules and processes taught in law school are there to provide guidance; they are not hard and fast rules about the way that a transaction must be done. That's one of the benefits of being a transactional lawyer - the rules are set by the parties as they negotiate.
Students will be evaluated on the basis of classroom participation and attendance, a paper, and, in lieu of final exam, a one-on-one negotiation session with the instructor. Regular attendance is expected; if a student cannot attend class, please notify the instructor.
- 411* and 416 - Trial Practice I (3)
This course offers the opportunity to develop the skills necessary to conduct a trial, including opening statements, direct and cross examinations of witnesses, and closing arguments. One section is offered each semester (course 411). In addition, an intensive eight day course is offered during the summer and between semesters in January (course 416). Each course is taught by a team of lawyers and judges with a student/faculty ratio of 8 to 1. The groups rotate among the teachers, and each student is given the opportunity to perform the exercises. At the end of both the intensive and the semester long courses each student conducts a complete trial at the Daley Center. Since the intensive course in January is a spring semester course, it cannot be taken by students intending to graduate at that time. Prerequisite: Evidence.
* When this course is offered in January, it is enrollment by instructor's permission only.
- 412 - Trial Practice II (3)
This course provides additional opportunity to develop witness examination skills, skills in opening and closing statements, and skills in the development of case theory. Students are assigned in teams of four to each side of a case, and they try four or five cases over the semester. The student teams rotate each week among the teaching faculty. Enrollment is permitted first for those students who received the grade of "A" in Trial Practice I. Enrollment of students who received less than an "A" depends upon space availability, although typically the course has accommodated all those who have sought enrollment. (Carey and the trial practice faculty)
- 106 - Trustees and Trust Administration
This course will examine the fiduciary responsibilities that govern the duties of the trustee in carrying out the provisions of the trust as dictiated by the trust instrument. The course will survey the myriad of situations that the trustee may encounter in balancing the often competing interests of the various classes of beneficiaries. The course will also examine some of the recent cases, state statues and legal trends that are instructive in this area. The course will also review the regulatory authority in this area. The course will also review the regulatory authority that governs the unique investment considerations that impact trustees in managing the assets of the trust. There is no prerequisite. (Herte)
- 153 - Wills and Trusts Drafting (2)
This is a hands-on, participative, skills course in which students will learn how to properly structure and draft basic wills and trust documents, both testamentary and living. Practical tools, such as, engagement letters and client questionnaires, will be discussed and developed to give insight into the active practice of estate planning which the student can use in the work world. Estates is a prerequisite. Estate and Gift Tax is not a prerequisite. Students who take this class may NOT take estate planning. You may take Wills and Trust Drafting OR Estate Planning, but not both. Final grade will be based on class participation and drafting assignments over the course of the semester. Class size is limited to 16.
- 590 - Wrongful Conviction Seminar (1)
This weekend course is designed to provide students with an overview of the issues and case law related to wrongful convictions. Students will gain an understanding of the dynamics of wrongful convictions and this burgeoning area of law. The course will also provide the opportunity for each student to reseearch one recent case of wrongful conviction. 40% of the grade in this course is based on class participation. 60% is based on a research paper.