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NOTE: The number in parentheses following a course title indicates semester hours of credit. For example, (3) indicates a course worth three credit hours.
Required
Civil Procedure I (3) Law 070
Personal jurisdiction, subject matter jurisdiction, supplemental jurisdiction, venue, service, removal, transfer; joinder of parties and claims; the Erie Doctrine.
Civil Procedure II (3) Law 170
Prerequisite: Civil Procedure I
The theory and rules governing the litigation process, including pleadings, class actions, motion practice, discovery, pretrial conferences, trial procedure, post-trial motions, preclusive effects of judgments, relief from judgments and principles of appellate review.
Constitutional Law I (3) Law 172
Judicial review, Article III requirements, federal legislative power, state regulatory powers, presidential powers, adoption of post-Civil War amendments, the incorporation controversy, the state action requirement.
Constitutional Law II (3) Law 173
Prerequisite: Constitutional Law I
Procedural and substantive due process, equal protection, and First Amendment liberties.
Contracts I (3) Law 063
This course provides a general introduction to contract law and addresses the necessary formalities to create binding contractual obligations, including the requirements of mutual assent (including the process of offer and acceptance), consideration, and the statute of frauds. The course also addresses doctrines of reliance and restitution aand there ares alternative theories for enforcing contractual obligation. Finally, the course covers various defenses to contract enforcement, such as incapacity, duress, misrepresentation, mistake, and unconscionability. Uniform Commercial Code issues will be addressed.
Contracts II (3) Law 064
Prerequisite: Contracts I
This course addresses the legal and equitable remedies available for breach of contract. It also addresses principles of contract interpretation and the admissibility of extrinsic evidence to supplement or interpret a contract under the parol evidence rule. Students will also study contract performance and breach, the law of conditions and bases for excuse of contract obligation under doctrines of impracticability and frustration of purpose. Finally, the course addresses the rights of non-parties to a contract, particularly the rights of third-party beneficiaries and assignees/delegates. Uniform Commercial code issues will be addressed.
Criminal Law (3) Law 060
A course in the substantive law of crimes. The course places principal emphasis on studying the sources and meanings of statutes. In addition to crimes against persons, property, and society, the course will include consideration of inchoate offenses, the principles underlying criminal responsibility, and the purposes and limits of criminal law.
Evidence (4) Law 180
Prerequisite: Civil Procedure I
The law of evidence, Federal and state rules: burdens of proof, presumptions, stipulations, judicial notice, relevancy, privileges, hearsay, witness competency, examination of witnesses and impeachment, opinions, and authentication.
Lawyering Skills I: Objective Analysis, Writing, and Research (3) Law 054
This course is an introduction to objective legal analysis. Students learn precedential, rule-based, policy-based, and factual reasoning, and learn to perform basic legal research using case law, statutes, administrative regulations, court rules, and secondary materials. Students learn and apply the skills of legal analysis, research, and writing by preparing a series of objective legal memoranda and other exercises. Students participate in individual tutorial conferences with faculty and receive other forms of substantive feedback.
Lawyering Skills II: Advocacy (3) Law 056
Prerequisite: Lawyering Skills I
This course uses a series of advocacy writing assignments to build upon the legal analysis, research, and writing skills taught in the first-semester course. Students prepare trial and appellate briefs, participate in oral arguments, and learn about legal research methods not covered in the introductory course, including electronic research. Students participate in individual tutorial conferences with faculty and receive other forms of substantive feedback.
Lawyering Skills III: Herzog Moot Court Competition (1) Law 159
Prerequisite: Lawyering Skills II
Students refine their advocacy skills in the context of a school-wide intra-scholastic moot court competition. Students prepare a brief and present two oral arguments in a hypothetical appellate case. The top students from the preliminary rounds then argue in elimination rounds to determine the winner of the competition. Awards are presented for first place, second place, best brief, and best oralist. This one-credit course meets for two hours each week for the first half of the semester. The competition is named in honor of Dean Emeritus Fred F. Herzog. This course is required for all students entering the law school beginning in August 2004. This course is also required for all students who wish to become members of the Moot Court Council, and it is strongly recommended for students who wish to try out for interscholastic moot court teams.
Lawyering Skills IV: Drafting--General Practice (2) Law 156
Prerequisite: Lawyering Skills II, Property Recommended: Estates & Trusts
General Practice Drafting is an introduction to the skills needed to draft a broad range of documents. Assignments include a contract, a complaint, an estate plan, and a legislative provision. The assignments will be rigorous and will involve documents similar to those lawyers in general practice work produce on a daily basis.
Lawyering Skills IV: Drafting--Civil Litigation (2) Law 152
Prerequisites: Lawyering Skills II, Civil Procedure I and II, Evidence
This course is an intensive writing course that focuses on the specialized drafting skills needed for successful litigation practice. Students will learn these skills in the context of various litigation documents including, but not limited to, motions, pleadings, discovery documents, and briefs. The course is designed for students who have a serious interest in civil litigation. This course satisfies the third semester requirement for the Lawyering Skills program.
Lawyering Skills IV:
Drafting - Elder Law (2) Law 154 - Experimental
Prerequisites: Elder Law: Financial
Aspects and Planning, Elder Law: Preserving Independence and Dignity of the
Elderly
This drafting course focuses on the skills needed to create effective
documents in the area of elder law. Students will have several assignments and
class lectures to introduce them both to general drafting principles and to the
advanced techniques needed to work in this field, with a focus on public policy
issues (such as analysis of current governmental programs addressing the needs
of the elderly, a review of the Illinois state legislative process, and
drafting exercises leading to a white paper advocating the addition of a new
public program, the amendment of an existing public program, or the elimination
of a current public program that is not working). This course is pending approval
as a permanent course.
Lawyering Skills IV: Drafting--Employee Benefits (3) Law 155
Prerequisites: Employee Benefits Law
This drafting course focuses on the skills needed to create effective documents in the area of employee benefits law. students will have five assignments and several class lectures to introduce them both to general drafting principles and to the advanced techniques needed to work in this field. There will also be several individual meetings with the professor to talk about assignments.
Lawyering Skills IV: Drafting--Family Law (2) Law 163
Prerequisites: Civil Procedure I and II; Family Law
This is a rigorous, advanced drafting course designed to give students experience in drafting various documents commonly used in family law practice. The course will follow one set of facts through most of the semester. Assignments include pre-marital agreements, separation documents, the initial client interview, and divorce and post-judgment motions involving custody and financial issues. The course will also touch on ethical matters that confront family law attorneys. Note: This course will be only offered in the fall semester.
Lawyering Skills IV: Drafting--Information Technology Law (2) Law 161
Prerequisites: J.D. students: Lawyering Skills II, Introduction to Information Technology Law; Joint J.D./IT LL.M. degree students: Lawyering Skills II, two of the following three LL.M. courses: Information Law and Policy, Computers and the Law, Cyberspace Law
This is a rigorous, advanced drafting course designed to give students interested in pursuing a practice in information technology and/or privacy law hands-on experience in the research techniques and drafting styles common to such practice. This is a two-hour course that will meet once a week. This course satisfies the third semester requirement for the Lawyering Skills program. Highly recommended: Constitutional Law II, Corporations, and Trademark and Copyright.
Lawyering Skills IV: Drafting--International Practice (2) Law 160
Prerequisites: Lawyering Skills II, International Business Transactions or International Trade or an equivalent course, subject to approval. Completion of Corporations is strongly recommended.
This is a two-hour course that will meet once a week. The course has two goals: first, to give students rigorous, practical experience in drafting and related areas (negotiation, arbitration); second, to teach students about, and give practice in, areas that an international practitioner might experience. This course satisfies the third semester requirement for the Lawyering Skills program.
Lawyering Skills IV: Drafting--Legislation (2) Law 153
This course is about understanding the statutory process.The focus will be on the legislative process in Illinois, although many principles are applicable to the federal system and all legislative processes.We will concentrate on the actual drafting of legislation, committee reports, statements of legislative purpose, and the supporting points and analyses required from legislative staff attorneys or associates working on proposed legislation for clients.As John Marshall is located in the state's biggest city and in the city's most dynamic and economically important ward, the roles of politics and elected officials will be a part of our study.
Lawyering Skills IV: Drafting--Real Estate (2) Law 162
Prerequisites: Lawyering Skills II, Real Estate Transactions
This drafting course will introduce students to fundamental drafting concepts and skills that are generally applicable to the practice of law, but will do so in the context of commercial real estate transactions. Some of the drafting assignments will also focus on the unique challenges of commercial real estate law, including client communication, contract for purchase, contract for lease, and title documents. This is a rigorous writing course that will require students to draft several documents commonly used in commercial real estate practice. The course will also touch on ethical matters that confront commercial real estate attorneys.
Lawyering Skills: Legal Drafting: Specialty Courses (2-3) Law 290, Law 205, IP 428, Law 231
Prerequisite: Lawyering Skills II
Available courses are Patent Law Planning & Practice (Law 290), Business Planning & Drafting Seminar (Law 205), Legal Writing for the Intellectual Property Practice (IP 428), and Estate Planning and Drafting (Law 231).
Professional Responsibility (3) Law 176
This course explores the law of lawyering with special emphasis on the regulation of lawyers through rules of professional conduct and codes of judicial conduct, such as the ABA Model Rules of Professional Conduct, the Illinois Supreme Court’s Rules of Professional Conduct, the ABA Code of Judicial Conduct, and the Illinois Code of Judicial Conduct. The course covers issues that affect the attorney-client relationship such as confidentiality, conflicts of interest, advertising of legal services, solicitation, advocacy in criminal cases, and malpractice. The course also explores the attorney’s duties to the court and society, and other topics at the discretion of the instructor.
Property (4) Law 066
Introduction to basic property concepts: possession; acquisition of property through voluntary transfer (gifts, conveyances) and otherwise (adverse possession, rule of capture); estates in land, future interests and concurrent estates; the landlord-tenant relationship; government regulation and use of private property and private land use controls (incorporeal rights, easements and servitudes).
Torts (4) Law 073
This course explores the basic principles related to civil liability for interferences with persons, property and other legally protected interests. The course will cover the elements of a cause of action under theories of tort liability based on intent, negligence, and strict liability and applicable defenses.
Trial Advocacy Requirement. Students are required to fulfill the Trial Advocacy requirement by taking one of the following four formats of Trial Advocacy: Trial Advocacy, Trial Advocacy: Accelerated, Trial Lawyer, Accelerated Trial Advocacy for IP Attorneys.
Trial Advocacy* (3) Law 181
Prerequisite: Evidence
The theory underlying the preparation and presentation of a jury trial; skills training in trial advocacy; jury selection; opening statements; witness examination; motion practice and closing arguments.
Trial Advocacy: Accelerated (3) Law 183
Prerequisite: Evidence
Each January and August, between academic terms, Trial Advocacy is offered in an accelerated format. The course, which normally runs 15 weeks, is compressed into an intensive 9 a.m. to 6:30 p.m., nine-and-a-half day format. Many faculty members and students believe that this concentrated format aids learning and gives students a more realistic understanding of the rigors of trial practice.
Be advised that there is a mandatory dress code for this class. Students are required to wear business attire for the duration of the course. This means slacks and a dress shirt with tie for male students; and the equivalent dress for female students, dress slacks with blouse or sweater, with or without jacket or blazer; or skirted suit. No jeans, t-shirts, halter or similar tops, baseball caps, sandals, tennis shoes, flip-flops, or bare feet are permitted. Shirts are to be worn tucked into trousers and belts are strongly encouraged. On the evenings of the final trials, courtroom attire is mandated; this means business suits for all students.
Trial Lawyer (7) Law 184
Prerequisite: Civil Procedure I
This is a semester-long, seven-credit-hour course that combines the traditional Evidence and Trial Advocacy courses. Classes meet twice a week for three-hour evening sessions, and the course includes two day-long Saturday evidence seminars. The goal is to impart to students a theoretical and practical understanding of the principles and rules of evidence, and the art of advocacy. Generally, the evidence portion of the course will be taught in a conventional classroom mode; however, the trial advocacy portion will be taught in small classes of no more than 10 students per section. The course will also emphasize trial preparation and the persuasive development of a party’s theory of the case. This course is limited to second year students (2L’s). Prior to the completion of this course, participating students will be granted the opportunity for early tryouts for the following semester’s trial team competitions. Both Evidence and Trial Advocacy requirements are satisfied through successful completion of this course. Separate grades will be given for the Evidence and Trial Advocacy components. Enrollment is limited.
Accelerated Trial Advocacy for IP Attorneys (3) Law 189
Prerequisite: Evidence
Designed for students who intend to be trial lawyers in the field of intellectual property. This course involves the full preparation and trial of one or more jury trials under the close supervision of the instructor.
Be advised that there is a mandatory dress code for this class. Students are required to wear business attire for the duration of the course. This means slacks and a dress shirt with tie for male students; and the equivalent dress for female students, dress slacks with blouse or sweater, with or without jacket or blazer; or skirted suit. No jeans, t-shirts, halter or similar tops, baseball caps, sandals, tennis shoes, flip-flops, or bare feet are permitted. Shirts are to be worn tucked into trousers and belts are strongly encouraged. On the evenings of the final trials, courtroom attire is mandated; this means business suits for all students.
Electives
Accounting for Lawyers (2) Law 233
A concise study of basic accounting theory and mechanics to assist attorneys in the general practice of law. A survey of various accounting methods and procedures, and of financial statements of corporations, partnerships, and individual proprietorships. Proper accounting treatment for assets, liabilities, capital accounts, income and expense accounts, inventory valuation, depreciation, and bad debts. Designed to enable the student to understand the accounting mechanics needed to keep a complete set of books and to evaluate financial statements.
Administrative Law (3) Law 250/Law 703
Introduction to the law creating, structuring, empowering, and limiting administrative agencies, with an emphasis on the principles common to all administrative agency action; topics include administrative procedure, the scope of judicial review of administrative action and the relationship of administrative agencies to the political branches of government.
Advanced Legal Research (2) Law 057 - Experimental
The emphasis of the course will be on teaching students how to formulate, organize, perform, and track their own research projects using a wide variety of resources and technological tools. Some of the research topics covered in Lawyering Skills will be reviewed in more depth, and we will also be looking at many nontraditional and non-legal materials for topics, such as competitive intelligence research. Students should be able to use the skills learned in this class to better manage any research projects they may face in the future. Classes will combine lectures and demonstrations with problem-solving exercises and projects. This course is pending approval as a permanent course.
Advanced Mediation Practicum
(2) Law 284
Prerequisite: Mediation and Mediation Advocacy with a final grade of at least a B.
This course focuses on mediation from two perspectives:
the experiential, hands-on learning provided by fieldwork in the courts and the
substantive learning that comes from classroom discussion, skills training, short
written papers, and readings by experts in mediation. Students will read
current materials on mediation theory and practice and participate in classroom
programs and demonstrations led by experienced mediators and mediation
advocates. One of the course requirements is completing 20 hours of mediation
skills training with the Center for Conflict Resolution (CCR). CCR’s training,
for which an additional fee of $500 will be charged, begins early in the
semester and will continue over the course of a weekend. Once students have
successfully completed the skills training portion of the course and also met
CCR’s certification requirements, they will be certified as CCR volunteers to
conduct small claims mediations on behalf of CCR. Since certification by CCR
cannot be guaranteed, some students may need to take additional training
outside of class. This course is required for students pursuing an ADR certificate.
Advanced Persuasive Writing (3) Law 166
Prerequisite: Herzog Moot Court Competition
This course covers advanced techniques of written legal argument, taking students well beyond the basics into sophisticated methods of analysis and persuasion. Students will apply advanced concepts by drafting three appellate briefs. Upon completing the course, each student will have a highly polished writing sample for future use. The course may be of particular interest to members of the moot court council, judicial externs, potential judicial clerkship candidates, and those who wish to try out for interscholastic moot court teams.
Advanced Torts (2) Law 145
This course is designed for students who have taken the basic torts course and wish to continue studying important topics of tort law that are either not covered or not covered in much depth in the basic torts course. The course will include products liability, commercial torts, defamation, invasion of privacy, and nuisance.
Advertising Law (2) Law 249
The course covers advertising litigation under the Lanham Act; private,
state, and local public remedies for consumer protection against deceptive
advertising; Federal Trade Commission regulation of deceptive advertising;
Federal Trade Commission regulation of consumer protection; and consumer
protection under other federal statutes.
Agency and Unincorporated Business Entities (3) Law 126
The nature of the principal-agent relationship, including tort and contract liabilities, the principles and problems of partnerships, limited partnerships, limited liability companies, limited liability partnerships, and other unincorporated businesses.
Alternative Means of Dispute Resolution (2) Law 251
This course involves a study of arbitration and mediation as means of resolving disputes. Students will explore the principles of effective arbitration and mediation and have an opportunity to participate in actual problem solving through simulation.
Animal Law (2) Law 158
This course considers the idea of "animal law" or "animal rights." Through an examination of statutory, regulatory, case studies, and proposed legislation, this course provides an overview of nonhuman animals and their "legal" status. The course also considers the philosophical and moral underpinnings of nonhuman animal law. This course will address the interplay of environmental and natural resource laws and nonhuman animals. Finally, the course will examine initiatives addressing the legal rights of nonhuman animals on both the national and international fronts.
Antitrust Law (3) Law 252
Restraints of trade, price-fixing territorial and customer limitations, the patent-antitrust interface, refusal to deal, monopolization, tie-ins, patent misuse, requirements contracts, and mergers, with principal focus on the key U.S. statutes: Sherman, Clayton, and F.T.C. Acts, with some attention to state common law and foreign legislation, including the E.E.C. provisions.
Appellate Procedure (2) Law 200
The study of civil procedure aspects of appellate practice, state and federal courts, intermediate appellate level and supreme court level, appellate jurisdiction, preserving points for review, the record on appeal, requirements for briefs and oral arguments, the relief available on appeal, and the organization and administration of the courts of review.
Argumentation Law (3) Law 139
The "argument" permeates everything a lawyer does, whether the lawyer is a judge attempting to persuade the reader of her opinion that her decision is legally sound; a practitioner attempting to persuade judges, juries, opposing counsel, or a client of the soundness of his claims; or a law student attempting to persuade her professors that she can use legal principles and evidence skillfully to reach competent legal conclusions. To understand law, one must understand argumentation. This seminar-style course focuses on 1) types of legal reasoning: hypothesis, generalization, syllogism, and analogy; 2) inference drawing; and 3) argument analysis, argument building, and argument destroying, with the goal of developing this preeminent skill of the legal profession. The concern will be on argumentation in general, on arguments about law, and finally on arguments about facts typically presented in legal cases. The students will analyze their own and other's arguments by identifying the conclusions and the reasons offered in support of that conclusion and make critical judgments about the persuasiveness of the argument. Students will also build, destroy, and improve arguments. There are no prerequisites. Indeed, one could "argue" that understanding argumentation will make all classes in law school more fun and understandable and improve student performance.
Art Law (1) Law 229
The class surveys legal and practical concepts relating to protection, acquisition, exhibition and sale of works of art, including: problems regarding copyright, art censorship, moral rights, endowments, and tax implications.
Assisted Reproductive Technology: Law and Practice (2) Law
103
This course will address the legal and ethical issues
that surround the growing uses of assisted reproductive technology. We will
approach the issues from two perspectives: an academic perspective that
analyzes the broader legal and ethical dimensions of this area of medicine, and
a practical perspective that examines how a family law practitioner might
address some of these issues day to day. The readings will be interesting and
varied and will come from legal and non-legal sources. We will have some guest
speakers and student presentations. The final grade will be based on class
participation (worth 5%), presentation (worth 15%), and final paper (10-15
pages, worth 80%). Students will be able to choose their own topics, with the
advice of the professor.
Aviation Law (2) Law 253/Law 747
The broad spectrum of aviation legal matters focusing on numerous other categorical fields; procedure, administrative law, the law of torts and, to some extent, of contracts and international law. Special federal procedures applicable to aviation disasters, law affecting titles in aircraft, liability for injury to persons on the ground, aviation rights in air space above the land of another, duties of common carriers, the Federal Aviation Administration, the National Transportation Safety Board, the Civil Aeronautics Board, conflict of laws, aircraft piracy, treaties and other agreements, and federal and state jurisdiction.
Banking Law (2) Law 254
The law of commercial banking with special emphasis on banking as a regulated industry; what is the business of banking, the savings and loan (S&L) business compared with the banking business, the history and structure of the American banking system and the federal agencies, the dual banking system: pros and cons, the rise and fall of the Glass Steagall Act, the federal Bank Holding Company Act, failing banks and S&L’s vis-a-vis the FDIC and the RTC, failing safety and soundness considerations and FIRREA, state and federal usury laws and credit card interest limits, increasing capital requirements, and federal preemption of banking laws.
Bankruptcy Law (3) Law 082
Recommended: Secured Transactions
Study of the Bankruptcy Reform Act of 1978, its predecessor acts, other state and federal laws relating to the rights and remedies of creditors and debtors.
Business Franchise Law (3) Law 081
Development of the business franchise as a unique legal and business phenomenon; federal and state statutes, regulations, and cases dealing with the franchisor-franchisee relationship. Areas to be covered include governmental restrictions and preconditions concerning the sale of business franchises, procedures and documents to effect and evidence compliance with state and federal regulations, the rights and duties of franchiser and franchisee under the franchise agreement, remedies of franchiser and franchisee for violations of the franchise agreement, and statutory and regulatory provisions that (a) require certain items to be included in the franchise agreement and (b) prohibit or limit the availability of specific kinds of actions and remedies.
Business Law Mini-Courses (1) Law 263
1. Breach and Excused Non-Performance of Contracts (1)—This Business Law mini-course will cover what probably is
to practicing lawyers the most important (and most commonly encountered)
contract law issue, the issue of whether non-performances of contract
obligations are “breaches” of contract or “excused non-performances.” (Breaches
sometimes lead to remedies whereas excused non-performances usually do NOT lead
to remedies.) A major focus of attention in this mini-course will be a
difficult-to-understand notion in contract law that the common law calls
“conditions.” Students may take this mini-course only if they have already (a)
earned 50 credits and (b) taken the required courses in Contract law. Students who
take this course in online format must also comply with pertinent rules about
online courses.
2. Outsiders (3rd Parties) in Contract Transactions (1)— This Business Law mini-course will cover a topic that
frequently is covered in traditional contract courses very, very quickly, if at
all; the topic of “outsiders” to contracts. The course will focus on the
practical aspect of legal rules about outsiders. Coverage will include
discussions of Sureties (who are People / Businesses who take on secondary
responsibility to pay the debts of others), Agents (including Delegates), 3rd
Party Beneficiaries Generally, Remote Beneficiaries of Warranties, Assignees of
Rights, Good Faith Purchasers of Goods, Buyers in the Ordinary Course of
Business. This mini-course will also provide a very brief summary of the role
of Bankruptcy representatives in contract cases. Students may take this
mini-course only if they have already (a) earned 50 credits and (b) taken the
required courses in Contract law. Students who take this course in online
format must also comply with pertinent rules about online courses.
3. Negotiable Instruments and Assignments of Payment Rights (1)—This Business Law mini-course will discuss common methods
for making payments in contract transactions and will focus on the practical
aspects of legal rules regarding payments. The course principally will discuss
the use of “negotiable instruments” such as promissory notes, drafts and checks
(Article 3 of the UCC) and the use of “assignments” of existing payment rights
(Article 9 of the UCC). Considerable time will be spent on special rights that
some possessors of negotiable instruments and assigned payment rights have, as
well as on Federal Trade Commission rules that negate those special rights in
the case of consumer debtors. Students may take this course only if they have already
earned 50 credits. Students who take this course in online format must also
comply with pertinent rules about online courses
4. Security for Future Payments (1)—This Business Law mini-course will discuss common methods
that creditors use to obtain “security” that their debtors will make future
payments and will focus on the practical aspects of legal rules regarding
security for payments. In particular, the course will involve analysis of
“mortgages” (on real property) and “secured transactions” on personal property.
The course also will discuss “suretyship” promises, with such promises being
agreements in which one person or business takes on secondary responsibility to
pay the debts of another person or business. (Suretyship promises are commonly
used when small businesses, and the human beings associated with those small
businesses, borrow money.) This mini-course will also discuss “credit default
swaps,” with credit default swaps being insurance-like contracts in which banks
or hedge funds or specialized insurance companies agree to pay debts if debtors
themselves default. Credit default swaps played a major role in the
near-collapse in 2008 of the world economic system. Students may take this
course only if they have already earned 50 credits. Students who take this course in online format
must also comply with pertinent rules about online courses.
5. Remedies in Contract Cases (1)—This Business Law mini-course will discuss “Remedies”
that potentially are available following breaches of contract. The mini-course,
which will employ a practitioner-oriented approach, will start with analysis of
non-court remedies for breaching, including Requests for Assurance of
Performance, Accords / Satisfactions, Cure, and Reciprocal Non-Performance. The
course will then turn to court remedies for breach of contract and discuss
money-debt remedies and specific performance (a kind of injunction). Students
may take this mini-course only if they have already (a) earned 50 credits and
(b) taken the required courses in Contract law. Students who take this course
in online format must also comply with pertinent rules about online courses.
6. Historic “Law Court” Remedies (Mostly Money-Debt
Remedies) (1)—This Business Law mini-course will discuss “Remedies”
that are available in business-related disputes OTHER THAN contract disputes. The
course will start with analysis of non-court remedies, including ADR remedies. The
course will then turn to an analysis of the most commonly used kind of court
remedy, “money-debt” remedies. “Collection” procedures, i.e., methods that
successful remedies-seekers can use to force remedies defendants to comply with
court judgments, will also be discussed. The course will include a comparative
analysis of the costs and benefits of non-court remedies as opposed to the
costs and benefits of court money-debt remedies. Students may take this
mini-course only if they have already earned 50 credits. Students who take this
course in online format must also comply with pertinent rules about online
courses
7. Historic “Chancery” Court Remedies (Mostly Injunctions
and Declarations) (1)—This Business Law mini-course will discuss two commonly
used court remedies for business-related disputes, “injunctions” (of various
different kinds) and “declarations.” Considerable emphasis will be placed in
this course on the historic—but still relevant—distinction between the
so-called “law” courts and the so-called “chancery” (aka equity) courts. The
course will also discuss the historic—but still relevant—“inadequate remedy at
law” rule and some special limits or restrictions that historically exist— and
still are relevant—burden litigants who sought remedies in the chancery courts.
Students may take this mini-course only if they have already earned 50 credits.
Students who take this course in online format must also comply with pertinent
rules about online courses
8. Court Procedures for Business-Related Disputes (1)— This Business Law mini-course will provide a brief
overview of procedures that courts use when they deal with business-related
disputes (of any kind). The approach will be practitioner-oriented. The course
will include extensive comparisons of the Federal Rules of Civil Procedure and
the Illinois Civil Practice Act and will emphasize ways that sophisticated
practicing lawyers use the rules of civil procedure to promote non-trial
resolution of disputes. Students may take this mini-course only if they have already
(a) earned 50 credits and (b) taken the required courses on Civil Procedure. Students
who take this course in online format must also comply with pertinent rules
about online courses
9. Rules of Evidence for Court Proceedings Involving
Business-Related Disputes (1)—This Business Law mini-course will provide a brief
overview of rules for the use of evidence in court proceedings. The approach
will be practitioner-oriented. Since very, very few business-related disputes
ever get to actual trials, but, rather, are usually settled prior to trial,
emphasis in the course will be on the use of evidence rules prior to trials. Students
may take this mini-course only if they have already (a) earned 50 credits and
(b) taken the required course on Evidence. Students who take this course in online
format must also comply with pertinent rules about online courses.
Business Planning and Drafting Seminar (3) Law 205
Prerequisites: Corporations, Income Taxation
This course is taught through the use of problems that frequently arise in business. The following areas of law are discussed and applied to those problems: corporations, partnerships, taxation, and securities.
Children in the Legal System (2) Law 101
Recommended: Constitutional Law I and II, and Evidence
Constitutional framework of juvenile law, allocating power over children between parents and state, school authority, consent to medical treatment, abuse and neglect, foster care, termination of parental rights, failed adoption and custody, adolescence, curfews, emancipation, status offenses, juvenile delinquency, and search and seizure.
Client Interviewing and
Counseling (2) Law 283
This course is designed to prepare students in the
essential lawyering skills of client interviewing and counseling, and the
concomitant skill of fact analysis. Professionalism, communication, ethical
considerations, multicultural lawyering, and assessing the legal sufficiency of
a client’s claims are also discussed as crucial skills in the development of an
effective advocate. This course will satisfy a requirement of the Alternative
Dispute Resolution certificate program.
Collective Bargaining and Arbitration Seminar (2) Law 255
Prerequisite: Labor Law
The law of collective bargaining and labor arbitration in the private sector including the statutory duty to bargain in good faith; mandatory and permissive subjects of bargaining; impasse and its consequences; judicial enforcement of labor contracts, no-strike clauses, arbitration agreements and arbitration awards; grievance arbitration; successor employer liability, and National Labor Relations Board deferral to arbitration.
Commercial Law in the USA: A Survey (4) Law 230
This course provides a survey of important legal issues in the commercial law of the U.S. Emphasis will be on the contracting process (common law and UCC), payment for contracts (particularly through the use of negotiable instruments), and security for payments (particularly suretyship and secured transactions). The course will also briefly deal with bills of lading and warehouse receipts (with emphasis on the negotiability of these documents) and letters of credit. Though the course will NOT cover bankruptcy, international law, and e-commerce topics, the course will include continuing references to the general importance of those topics. It is highly recommended that students take this survey course only as an introduction to or review of topics already studied in or later to be studied in in-depth commercial law courses. In-depth commercial law courses include [Consumer Law], E-Commerce Law, Payment Systems, Sales Transactions, Secured Transactions, Bankruptcy, International Trade Law, and International Business Transactions.
Comparative Legal Studies (2) Law 256
This course studies various legal systems in the world today. The course examines the nature of law under both common law and civil law systems and focuses on Islamic law, both traditional and modern Chinese law, and the laws of developing countries. The course not only introduces radically different systems but also provides a better understanding of one’s own legal system.
Comparative Trial Advocacy (2*) Law 192
Prerequisite: Evidence
This course focuses on trial advocacy and litigation in a transnational context. The course compares the American system of trial advocacy and litigation with that of another country. Students will conduct simulated trial advocacy exercises using American and foreign laws and customs. Particular emphasis is placed on the legal, ethical, and cultural challenges facing an American advocate in transnational litigation. At the dean’s discretion, the course may be conducted in a foreign country. Possible host countries include Ireland, Great Britain, Scotland and Australia. (This course is not open to students visiting from another law school.)
*In addition, students may enroll in an optional one-hour independent study component.
Compensation Law: Taxation and Other Legal Issues (3) Law 144
This course will explore how businesses pay compensation to individuals in exchange for services, especially in relation to the following legal issues: (1) how the federal Internal Revenue Code affects the taxation of that compensation to both the individuals and to the business; (2) how publicly traded companies must disclose compensation packages (especially to executives) to their shareholders; (3) how businesses must comply with minimum wage and other labor laws; and (4) how businesses can be liable for discriminatory compensation policies and actions. In addition, as the market for independent legal counsel to compensation committees has exploded in the past few years, we will explore the best legal practices for sound corporate governance resulting from the Sarbanes Oxley Act of 2002. No prior knowledge of federal tax, labor, or securities law is required for this introductory course.
Complex Litigation (2) Law 261 - Experimental
Complex Litigation analyzes selected topics in federal civil litigation. Topics include (but are not limited to) the nature of complex litigation, joinder and structure in complex cases, large case discovery, class actions, and judicial control of complex litigation. This course is pending approval as a permanent course.
Computer and Video Gaming Law (2) Law 221 - Experimental
The seminar will begin with a brief history of the video game industry and then turn to some of the most important legal topics facing it, with a special focus on intellectual property issues. We will cover, for example, the application of copyright law to games, both in terms of the underlying code and the audio-visual elements seen and heard by players. We will also discuss the scientific research on the effects of computer and video games on players—mainly the effects of video game violence—a topic which naturally leads to legislative efforts to regulate the content and distribution of games. We will discuss the First Amendment implications of doing so. Some of the other topics to be covered are the right of publicity as it relates to games and product liability for the effects of games. With one small exception, the regulation of gambling will not be covered. This course is pending approval as a permanent course.
Conflict of Laws (3) Law 128
The course addresses traditional and modern approaches to choosing applicable state law in civil controversies that have multistate connections and the applicable law when federal as well as state interests are involved. The course reviews the law governing the recognition and enforcement of judgments in states other than those in which the judgments were obtained and relevant issues of jurisdiction.
Constitutional Civil Rights Seminar (2) Law 207
Prerequisite: Constitutional Law
The Bill of Rights; the 13th, 14th and 15th Amendments to the U.S. Constitution and their implementation; survey of the 19th- century background, as well as recent developments in equal protection and discrimination problems; “benign quotas” in education, employment, and housing; recent civil rights litigation; study of pertinent provisions of the Illinois Constitution of 1970 as they relate to civil rights.
Constitutional Law Seminar: The First Amendment (2) Law 208
An analysis of the First Amendment. Subjects include freedom of speech, freedom of the press, freedom of assembly, and the penumbras that give these freedoms life and substance. The Establishment and Free Exercise clauses will also be studied.
Constitutional Theory (2) Law 293
This seminar will begin with an inquiry into the proper role of the Court in adjudicating constitutional questions. Next, the focus will shift to what it means—or what it should mean—to interpret the Constitution. During this segment of the course, an articulation and assessment of the various theories of interpretation (textually based theories, originalist theories, theories based on structural reasoning, notions of federalism and separation of powers, theories espousing the use of moral reasoning and value choices, constitutional adjudication, and antiformalist theories) will ensue. The course will also include an inquiry into the nature of constitutional judgment and its relation to political or moral judgment.
Consumer Law (3) Law 209
An examination
of concerns particular to consumer transactions in formation, substance, and
remedies. Topics will include advertising, consumer sales practices and
contracts, consumer credit practices, fraud, warranties, and product standards
and safety. Regulatory, statutory, and common-law obligations and remedies
(both state and federal) will be addressed, with an emphasis on federal
consumer protection statutes.
Corporations (3) Law 130
Recommended: Agency and Unincorporated Business Entities
The structure and characteristics of the modern business corporation, advantages and disadvantages, promotion and organization, how corporations act, authority and fiduciary obligations of management, proxies, consequences of unauthorized corporate action, separation of control from ownership (voting trusts, pooling agreements and agreements limiting discretion of directors), shareholders’ suits, determination of financial position and operation of controls over distribution or disbursements to shareholders, violation and shifting of such controls.
Counseling and Negotiations (3) Law 210
This course focuses on the counseling and negotiating process. The lawyer’s relationship with his or her client is explored, and the nature of the lawyer’s responsibility and the interaction between lawyer and client in the negotiating and settlement process are examined. In addition, students study the negotiating process, are exposed to negotiating theory and participate in actual negotiation problems inside and outside of class.
Criminal Procedure: Police Investigation (3) Law 212
Constitutional analysis, with emphasis on 4th, 5th, 6th, and 14th Amendment issues, including overview of the criminal justice process; police interrogation practices; the right to counsel; the law of arrest, search, and seizure; electronic eavesdropping; entrapment; self-incrimination; lineups; and the exclusionary rule.
Criminal Procedure: Adjudication (2) Law 213
Constitutional and statutory analysis, with emphasis on pretrial, trial, and post-trial proceedings. This course will cover the charging stage, bail, jurisdiction and venue, the preliminary hearing, the arraignment, the grand jury, joinder and severance, pretrial motions, discovery, speedy trial, plea negotiations, fair trial and the media, change of venue, trial rights, double jeopardy, sentencing, post-conviction remedies, habeas corpus, and appeals.
Cultural Property and Museum Law (2) Law 146/IP446
Cultural Property and Museum Law is designed to educate the student to the numerous federal and state laws affecting cultural property and the preservation of heritage resources in the United States, and the role and legal problems of museums in the management acquisition and protections of collections of cultural property.
Current Legal Issues (1-3) Law 287/Law 799-B
This course focuses on current issues and contemporary problems in a given area of the law. Its goals are to analyze important developments in a particular area of law and to help students develop a deeper understanding of that area. Before registration, the registrar will publish the area of the law the course will deal with and the number of credit hours to be given in that semester. The course may be offered for one, two, or three credit hours.
Deposition Practicum (2
) Law 285
Prerequisite: Evidence or Trial Lawyer.
This course is designed to assist students in preparing
for the role of effective advocate in the discovery process. Civil litigation and some phases of criminal
litigation utilize depositions as the primary tool of trial preparation or
settling disputes. Deposition evidence may be used as substantive evidence or
for impeachment at a trial setting. The course will focus on defining
deposition goals, perfecting questioning techniques, understanding the rules,
forming objections and tactical considerations crucial to taking and defending
depositions. This course will satisfy a requirement of both the Trial
Advocacy certificate program and the Alternative Dispute Resolution certificate
program.
Disability Law (2) Law 204 - Experimental
This course will give you a look at what "Disability Law" is, including what is a disability, how to deal with clients and others with disabilities, the appropriate terminology to use in discussing disability, as well as laws like the Americans with Disabilities Act, Rehabilitation Act, IDEA, and IHRA, as well as other litigation and human resources topics. It is designed to give you a working knowledge of disabilities and disability law no matter what field of endeavor you choose to pursue. Evaluation will be based on interactive simulations (disability hearing, student IEP conference, IDHR fact finding, reasonable accommodation conference, and negotiation) as well as written work. No prerequisite required. This course is pending approval as a permanent course.
Domestic Violence Law and Practicum (3) Law 276
This course provides an in-depth, interdisciplinary, and
clinical approach to the problem of domestic violence. The course focuses on
what is domestic violence, its impact on individuals, families, and society,
and the community’s response to domestic violence, including a study of some of
the federal and state laws that attempt to protect survivors of domestic
violence. Based upon the assigned readings, classroom discussions, and exposure
to guest lecturers (such as social workers, attorneys with the State’s Attorney
and Public Defender’s Offices, police officers, clinical attorneys, judges, and
other professionals who work with domestic violence victims) who will provide
their perspectives from their experiences, students will critique the legal
responses to domestic violence. Students will also be empowered to become
advocates on behalf of survivors of domestic violence by learning how to obtain
temporary and plenary orders of protection through training sessions,
observations, simulations, and by actually representing victims of domestic
violence. The class will meet once a week at John Marshall for three hours
during the first 11 weeks of the course to discuss the assigned readings for
the course, and then again in Week 14 when students will share with the class their
“reflections papers” and “reform idea/outreach letters.” During the exam period
students will also take a 90-minute exam that will cover the questions posed each
week regarding the assigned readings. Students will also be required to spend a
minimum of 6 hours observing client intakes and court proceedings and a minimum
of 20 hours assisting victims of domestic violence while being supervised.
Please see the course syllabus for more details, or contact Prof. Stark at
7stark@jmls.edu.
Economics and the Law (2) Law 259
An introduction to important micro-economic, public choice concepts having wide applicability in law. Property, contracts, torts, and remedies cases are subjected to economic analysis. Students will also study the behavioral implications of alternative legal doctrines and policies. The course does not assume a prerequisite level of economic knowledge. The concepts are introduced gradually and applied to a series of increasingly sophisticated problems.
E-Discovery (2) Law 287
E-discovery presents unique issues requiring specific
rules. The Judicial Conference of the United States has recommended, and the
Supreme Court has approved, a number of amendments to the Federal Rules of
Civil Procedure regarding e-discovery, which are likely to go into effect at
the end of 2009. Some states have adopted, or are contemplating, rules dealing
with e-discovery. This course will address the (proposed) federal rules and
some state rules. It will address, among other procedures, demands or orders
for preservation of electronically stored data, problems regarding production
including relevance and costs, and sanctions. This will be a paper course.
Elder Law: Bioethics
and Aging (2) Law 187 - Experimental
Prerequisites: Elder Law: Financial
Aspects and Planning, Elder Law: Preserving Independence and Dignity of the
Elderly
As the field of elder law is multi-disciplinary, and is evolving rapidly,
this seminar class will allow students to explore the synergies between legal
advocacy and the field of bioethics. The
course will be co-taught by a licensed Bioethicist (possibly offered jointly
through an outside graduate educational facility through an appropriate
agreement). This course is pending approval
as a permanent course.
Elder Law: Current
Topics (1) Law 188- Experimental
Prerequisites: Elder Law: Financial
Aspects and Planning, Elder Law: Preserving Independence and Dignity of the
Elderly
As the field of elder law is fairly new, and is evolving rapidly, this
seminar class will allow students to address current legal issues, and will
allow various guest lecturers (including some non-attorneys) to discuss their
respective areas of expertise, and how the law is or should evolve. This course is pending approval as a
permanent course.
Elder Law: Externship and Clinical Classroom Component
(1) Law 201- Experimental
Prerequisites: Elder Law: Financial Aspects
and Planning, Elder Law: Preserving Independence and Dignity of the Elderly
This class will supplement the student’s clinical experience, regardless of
which clinical track the student actually pursues (the Veteran’s Legal Support
Clinic, the Fair Housing Legal Clinic, or a clinic through the Center for
Advocacy and Dispute Resolution, such as an externship with the Center for
Disability and Elder Law). Discussions
will include relevant veteran’s issues, housing issues, and guardianship issues
affecting the elderly. This class is
mandatory, in addition to any classroom component required by any particular
clinic. This course is pending approval
as a permanent course.
Elder Law: Financial Aspects and Planning (2) Law 169
- Experimental
This class will highlight planning opportunities for attorneys practicing in
elder law to offer to their elderly clients. Topics include aging trends in America, the delivery and choices of
health care benefits, the use of health care proxies and powers of attorney, issues
for grandparents, estate planning and Medicaid planning, sources of income
during retirement (such as Social Security and employer-provided retirement
benefits), and reverse mortgages, viaticals and other financial
instruments. This course is pending approval
as a permanent course.
Elder Law: Guardianship Issues in Illinois (2) Law
175- Experimental
Prerequisites: Elder Law: Financial
Aspects and Planning, Elder Law: Preserving Independence and Dignity of the
Elderly
This course focuses on the requirements, under Illinois law, on how a party
will petition the court to determine that an individual is incompetent to make
his or her own life decisions, and that the appointment of a guardian is
therefore proper. The course will
discuss the attorney’s role in the proceedings, the rights that accrue to any
individual accused of being mentally incompetent, and the tools available to
the guardian to assert and protect the rights of the ward. This course is pending approval as a
permanent course.
Elder Law: Introduction (1) Law 242- Experimental
This class will highlight, at a very basic level, the role an attorney can
play in all aspects of an elderly individual’s life. All of the specific niche areas of elder law,
taught collectively in all of the other elder law classes, will be
discussed. This class will hopefully
allow a student to determine if he or she should enroll in additional elder law
classes to learn and appreciate, in greater depth, the regulatory framework
within which elder law attorneys practice. This course is pending approval as a
permanent course.
Elder Law: Mandatory Public Benefits (2) Law 186 -
Experimental
Prerequisites: Elder Law: Financial
Aspects and Planning, Elder Law: Preserving Independence and Dignity of the
Elderly
This course focuses on the requirements to receive public benefits, such as
Social Security Old Age, Survivors, and Disability Insurance (OASDI) benefits,
Social Security Health Insurance benefits (Medicare), Medicaid, American Disability
Act (ADA), Family Medical Leave Act (FMLA), COBRA and HIPPA rights, Mental
Health Parity Act and Veteran’s benefits.
Administrative issues, such as claims appeals and administrative
hearings, will be addressed, as well as public policy issues, such as public
financing and how some of these costly programs can survive, will be explored. This course is pending approval as a
permanent course.
Elder Law: Preserving Independence and Dignity of the
Elderly (2) Law 171- Experimental
This class will highlight legal remedies available to attorneys practicing
in elder law when the rights of their elderly clients are violated. Topics include discrimination actions,
ethical issues in determining the elderly client’s competence and cognitively,
guardianship and conservatorship issues, elder abuse (financial, physical and
psychological), end of life issues, and rights for the aging population in
prison and other non-traditional individuals. This course is pending approval as a permanent course.
Elder Law: Professional Ethics, Client Counseling, and
Practice (2) Law 274 - Experimental
Prerequisites: Elder Law: Financial
Aspects and Planning, Elder Law: Preserving Independence and Dignity of the
Elderly
This class will highlight practical aspects for attorneys practicing in
elder law. Topics include professional ethical
issues (such as who is the client, when an attorney should accept power of attorney
or health care proxy requests, and when the attorney should recognize and
report abuse of the client), evidence issues and attorney-client privileges, law
practice management issues with setting up an elder law practice, and in-class
exercises in client counseling. This
course is pending approval as a permanent course.
Elder Law: Psychology and Aging (2) Law 289 Experimental
Prerequisites: Elder Law: Financial
Aspects and Planning, Elder Law: Preserving Independence and Dignity of the
Elderly
As the field of elder law is multi-disciplinary, and is evolving rapidly,
this seminar class will allow students to explore the synergies between legal
advocacy and the field of psychology. The course will be co-taught by a licensed Psychologist (possibly offered
jointly through an outside graduate educational facility through an appropriate
agreement). This course is pending approval as a permanent course.
Elder Law: Social Work and Aging (2) Law 292 - Experimental
Prerequisites:
Elder Law: Financial
Aspects and Planning, Elder Law: Preserving Independence and Dignity of
the
Elderly
As the field of elder law is multi-disciplinary, and is evolving
rapidly,
this seminar class will allow students to explore the synergies between
legal
advocacy and the field of social work. The course will be co-taught by a licensed Social Worker (possibly
offered jointly through an outside graduate educational facility through
an
appropriate agreement). This
course is pending approval as a permanent course.
Employee Benefits Law (3) Law 216
This course will survey the labor, employment, and tax rules affecting employee pension and profit sharing plans. By providing an overview of the framework of rules governing such plans, students will learn the basic tax, legal, business, and other issues that specifically affect retirement plans and participants’ rights under such plans. Larger public policy issues to be discussed include the struggles of Social Security to remain solvent, the problems of aging and health care, retirement security and women, and changing retirement patterns. The course will also discuss other types of employee benefit plans, such as health and welfare plans and executive compensation plans.
Employment Discrimination (3) Law 275
Basic concepts, procedural problems, administrative processing, defenses, and remedies in the law of employment discrimination, with special emphasis on Title VII of the Civil Rights Act of 1964 and discrimination on the basis of age or disability.
Employment Law (2) Law 272
Statutes, regulations, and cases dealing with a number of legal rights and concerns of employees and employers. Areas to be covered include: (a) worker’s compensation law and practice; (b) labor standards legislation, such as wage-and-hour laws (e.g., Fair Labor Standards Act–FLSA, public contract “prevailing wage” requirements); health-and-safety laws (e.g., Occupational Safety and Health Act–OSHA); and an introduction to pension-protection laws (e.g., Employee Retirement Income Security Act–ERISA); and (c) wrongful discharge and at-will employment. (The law involving employment discrimination and labor relations is covered in other specialized courses.)
Entertainment Law (2) Law 215
Legal considerations that affect the publishing, music, recording, live theater, motion picture, and television industries; special emphasis on laws regarding defamation, right of privacy and publicity, copyright, and unfair competition as they affect the various entertainment industries.
Environmental Law (3) Law 260
Consideration and analysis of federal and state statutes; regulations and relevant judicial and administrative decisions with respect to major environmental control areas including air, water, solid waste, and noise pollution abatement; radioactive emission; National Environmental Policy Act; significant land planning legislation; the interrelation between federal and state legislation and areas of responsibility.
Essay Exam Practicum (3) Law 102
This is
a skills class designed to improve performance on law school essay examinations
using basic substantive law subjects. While the course will focus on Torts,
Contracts, and Criminal Law as the basis for the writing exercises, it is not a
substantive law course.
Estate Planning and Drafting Seminar (3) Law 231
Prerequisites: Estates and Trusts
Integration of the law of property, as studied in: Property, Taxation of Estates and Trusts, Estates and Trusts I. Comprehensive property settlements and estate plans, with emphasis upon the drafting of wills and various types of trust agreements.
Estates and Trusts (3) Law 131
Prerequisite: Property
A course in the law of wills and intestate succession, and the basic law of trusts; disposition of property during life or at death by means of wills, will substitutes, and transfers in trust; the requisites of valid instruments; the duties of executors, administrators, and trustees; and the rights of beneficiaries.
The Fair Housing Clinic (1-4) Law 221, Law 222, Law 223, Law 224
The law school operates The John Marshall Law School Fair Housing Clinic, an “in-house” clinic devoted to representing individuals who experience unlawful discrimination in the sale or rental of housing units. For a description of the course, see page 15.
Fair Housing and Fair Lending Law (2) Law 133
This course includes the study of federal, state, and local laws pertaining to discrimination in housing and lending. In addition to dealing with the theoretical legal problems presented by the fair housing and lending laws, the course will emphasize the practical aspects of handling a fair housing case from the initial interview through appeal. The course is highly recommended to students who are interested in specializing in federal civil litigation. The course is a prerequisite to participation in Fair Housing and Fair Lending Litigation.
Family Law (3) Law 104
Legal problems concerning the validity of antenuptial agreements; marriage, dissolution of marriage (divorce), declarations of invalidity (annulment), legal separation (separate maintenance); rights and duties of husband, wife, parent, and child; legitimacy and illegitimacy; adoption; adjustment of rights in divorce, including “fault” and “no fault” doctrines; property rights, including marital and non-marital property doctrines; maintenance (alimony); child support; child custody and visitation; legal status of infants; conflict of laws and constitutional law problems in family law context; and remedies to prevent domestic violence.
Federal Criminal Law (3) Law 219
Prerequisite: Criminal Law
This advanced criminal law course covers federal substantive criminal law, including such specialized topics as organized crime, wire fraud, mail fraud, bank fraud, and other white-collar crime; RICO; drug offenses; tax offenses; and political corruption. The course will also present an overview of federal criminal enforcement resources and examine bases for federal criminal jurisdiction.
Federal Courts (3) Law 134
Prerequisite: Civil Procedure I and II Recommended: Constitutional Law I and II; Remedies
Sources of federal jurisdiction, Supreme Court review of state cases, civil cases in federal courts, jurisdictional and procedural matters, federal habeas corpus, appellate review, and certiorari.
Food, Drug and Cosmetics Law (3) Law 106
History of federal legislation, the federal statutes; jurisdictional requirements; current status of the law covering adulteration, labeling, advertising, and compliance; administration procedures; seizures (including multiple seizures, consolidation and trial of libels); injunction, criminal actions and penalties; and food, drug, and cosmetics standards.
Gaming Law (2) Law 234
The gaming industry has become one of the most stringent and highly regulated industries in America. Using existing texts, as well as current opinions and pending cases, this course will look at several areas relating to legalized gambling, including: restrictions on broadcast advertising, Internet gambling, Native American gambling, cruises to nowhere, specific tax issues of concern to the casino industry, debt collection, and trademark/copyright issues such as slot machine games, i.e. Wheel of Fortune, Monopoly. The course will also look at lotteries and sweepstakes.
Health Fraud Law (2) Law 157
This course addresses the legal issues of fraud and abuse in the delivery of healthcare. The federal government has targeted healthcare fraud and abuse as one of its top enforcement priorities. We will explore the types of activities that put health care providers at risk and the major federal criminal and civil statutes that are used to fight healthcare fraud. Finally, we will address the development of a small group and solo-practitioner compliance programs. Compliance plans are individualized internal procedures and oversight for medical practices that promote adherence to federal program requirements.
Health Law (2) Law 115
This course will explore the law’s reaction to new and unprecedented developments in medical and biological science, both in terms of how the law seeks to regulate medical practices and also how the “new biology” requires rethinking and development of legal principles. Topics may include such issues as genetic engineering, definitions of death, euthanasia, abortion, medical experimentation and allocation of scarce medical resources, etc.
Historic Preservation Law (2) Law 132
This course will examine historic preservation laws and incentive programs, focusing on the transactional process of preserving and rehabilitating historic buildings. The class will cover topics such as the federal preservation laws, state and local preservation laws, how preservation relates to the Fifth Amendment takings clause, financing the rehabilitation of historic buildings, land use issues that arise in historic preservation, and preservation easements and covenants.
History of the American Legal System (2) Law 262
The study of the evolution of the American legal system, including the status of the English Common law system as it was inherited during colonial times and proceeding through those steps leading to the establishment of the Republic; thereafter the history of the American legal system is undertaken with emphasis on the historical framework of leading areas of legal development including the history of legal education and the evolvement of the practice of law.
History of English Law (2) Law 263
The development of the early common law, emphasis on the real actions and other procedural methods of protecting rights in real property, and inquiry into the way in which the primitive law developed and reasons for that development.
The Holocaust and the Law (2) Law 202 - Experimental
The
impact of the Holocaust on the law: the basic approach in the
course will be to focus on the lawyers, to view things from a practitioner's
perspective. There will be an introduction to the Holocaust; to the
Weimar Constitution and its trouble; and to the law under Hitler. Having
won the war, what legal problems were faced by the Allies in dealing with the Nazis? The various legal theories and strategies considered by the prosecutors and the
defendants and how the Court dealt with those issues and arguments. Subsequent US trials in Germany and Japan; and trials by the German government and others
will be looked at. This course is pending approval as a permanent course.
Illinois Civil Procedure (3) Law 177
This course is designed to immerse the future practitioner in all aspects of Illinois Civil Procedure, such as the structure of the Illinois court system, personal jurisdiction, venue, statutes of limitation, parties, pleading, motion practice, discovery, relief from judgments, appeals from the standpoint of the trial court, res judicata, and civility in the practice of law. Court decisions, the Illinois Code of Civil Procedure, and Supreme and Circuit Court Rules are emphasized by way of the casebook method.
Images of Law in Film (2) Law 167
This course examines representations of the law and lawyers in film. As part of the course materials, you will view several films that deal with the law. The course meets twice a week. In the first class meeting, we will view a film (this can take anywhere from 90 minutes to 2 hours, depending on film length). For the second class meeting, we will discuss the film and the course readings. Topics of inquiry and discussion will include, among others, parallels between law and film as storytelling systems, how popular ideas of law intersect with popular ideas of justice, the role of interpretation in constituting legal and cultural meaning, cultural narratives about law school and the legal profession, and the manner in which film images of law reflect cultural values, fantasies, and myths, with some attention given to narratives of race and gender. Your final course grade will be based on class participation, one short paper, and one long paper.
Immigration Law and Procedure (2) Law 107
A study of the immigration, nationality, and naturalization laws of the United States. The topics discussed are the immigrant selection system, issuance of immigrant and non-immigrant visas, grounds for inadmissability and relief therefrom, grounds for removal and forms of relief from removal, adjustment of status, problems of refugees and asylum procedure, administrative procedures, and administrative and judicial review.
Income Taxation (3) Law 135
Defining gross income (income or gift, income or capital, damages, insurance, discharge of indebtedness, etc.), exclusions from gross income, assignment of income, personal deductions (medical, charitable, alimony, interest, taxes, etc.), personal exemptions, business deductions (ordinary and necessary expenses, depreciation, etc.), minimum tax, sales and other dispositions of property, capital gains and losses, and accounting concepts in taxation.
Independent Research (1-2) Law 041
An in-depth study of a subject chosen by the student, consisting of research and a scholarly paper. Approval of the Associate Dean for Academic Affairs and a full-time faculty member is necessary. Open only to students who have completed 59 semester hours.
Not open to students who have taken Independent Research in IP Law (below).
Independent Research in Intellectual Property Law (1-2) Law 289/LLM IP 431
The undertaking of a project approved by the program director requiring scholarly independent study which will result in a significant contribution to the law of intellectual property.
Not open to students who have taken Independent Research (above).
Insurance Law (2) Law 109
State and federal regulation; forming the contract; negotiation; formalities and misrepresentation; interpretation of contracts; extra-contractual liability; good faith and fair dealing; liability, automobile, life, and health insurance; multiple coverage; insurable interest; the environment; and intellectual property.
Intellectual Property Licensing (3) Law 195
The course covers implied licenses, express licenses, enforcement of license provisions, title interest in intellectual property, and license transfers.
Intellectual Property Litigation (3) Law 194
Recommended prior coursework: Evidence; Civil Procedure; Intellectual Property Law Survey.
The course will focus on the specific aspects of civil and administrative litigation practice as they relate to the practice of intellectual property law, including patent, trademark, copyright, and trade secret litigation. Topics will include pleadings, motions, and discovery practices related to IP-specific topics; development and use of demonstrative evidence and IP experts; protective orders; and remedies. The course is intended to give students a greater understanding of the fundamental concepts of litigation processes as they specifically relate to intellectual property matters.
Intellectual Property Survey (3) Law 113
Intellectual Property (IP) law concerns the protection of intangible creations of the mind—inventions, discoveries, trade secrets, business concepts, artistic works, computer software, brand names, product designs, and even celebrity images/personae. Lawyers with IP expertise are in high demand in today’s global, information-based legal market. This course will introduce students to the primary legal systems that protect IP (i.e., patent, trademark, copyright, and trade secret law) and the competing policies underlying these laws. The course is intended both for students who are interested in a general overview of IP and as a gateway to more specialized courses in John Marshall’s IP program. No technical background is expected or required.
International Business Transactions (3) Law 190/Law 716
Business lawyers must increasingly deal with issues that transcend national boundaries. This course addresses issues of private business enterprises investing, producing, and marketing their goods and services in the international marketplace; national and supernational regulation of the activities of such businesses; expropriation and political risks; and policy issues relating to the existence of multinational corporations.
International Commercial Dispute Resolution (2) Law 198/Law 703
This course explores legal and practical issues relating to the resolution of transnational business disputes through litigation or arbitration. Topics addressed include jurisdiction to prescribe law, jurisdiction of courts, international commercial arbitration, investment treaty arbitration, enforcement of foreign judgments and arbitral awards and the immunity of foreign states in United States courts. Students will also participate in a simulated international commercial arbitration exercise.
International Criminal Law (3) Law 136
International criminal law is among the most rapidly growing fields of the law. New international institutions are generating a vacancy for young professionals at the entry level stage. This course covers the foundations of international criminal law as well as current issues. It includes international aspects of national criminal law, such as jurisdiction and extradition, as well as international prosecutions for genocide, crimes against humanity, and war crimes. Can Donald Rumsfeld be prosecuted by the International Criminal Court for alleged crimes in Iraq? Do the atrocities in Darfur fall within the legal definition of genocide? Can Belgium issue an international arrest warrant Ariel Sharon? These are just some of the issues examined in this course.
International Human Rights Law (2) Law 174
This course introduces international human rights law. It examines the historical origins of human rights law, the substantive international texts and norms, and the international mechanisms that might be used to enforce it. Themes that run throughout the course may include the relationship between rights and duties, changing conceptions of statehood and sovereignty, and responses to terrorism. The course will include consideration of the United Nations human rights system and regional systems such as the European Human Rights System and the Inter-American Human Rights System, as well as domestic enforcement of human rights and the prevention of human rights violations.
International Intellectual Property Law (3) Law 294
Organized multinational attempts to establish international norms for intellectual property protection have existed for well over 100 years. Given the intangible nature of the rights sought to be protected, the nature and scope of these rights has been hotly debated. This course will examine the dynamics of international protection as well as some of the most pressing issues faced in continuing efforts to develop international protection standards. Among the topics covered are the underlying theories of international intellectual property protection, the impact of culture and economics on intellectual property rights, the protection of cultural patrimony, neighboring rights, government takings, extraterritoriality and the border problems, and registration, protection, and enforcement issues (including international enforcement of rights). In addition, students will study pertinent treaty regimes, including the Berne and Paris Conventions, TRIPS, NAFTA, and selected EC directives, harmonization alternatives and the special problems of developing and newly emerging market economies. Prior knowledge of intellectual property is helpful but is not required.
International Law Seminar: Classic and Contemporary Issues (2) Law 191
The topic of this small-section seminar will be announced each time this course is scheduled. Students will take an in-depth look at the law relating to major international problems, contemporary or historical. Possible topics include agricultural trade law, international environmental law, international trade in information and services, transnational litigation, and human rights law.
International Trade Law (3) Law 084/Law 702
This course will provide a basic familiarity with the principles, doctrines, and statutory framework for federal and state regulation of transnational business activities; develop an understanding of legal difficulties, both practical and conceptual, that will be encountered in doing business under two different national jurisdictions; prepare for handling transnational legal problems likely to arise in a typical modern business law practice.
Introduction to Information Technology Law (2) Law 281
This course addresses subjects within the field of information technology law, such as protection of computer software, information access and control, privacy and security, Internet law, and electronic commerce. It is particularly appropriate for students who are preparing to participate on the Journal of Computer and Information Law or who are considering advanced studies in information technology law.
The Judicial Extern Program (1-4) Law 296, Law 297, Law 298, Law 299
Students selected to participate in this program work in chambers with a state or federal judge and assist the judge in the resolution of disputes. Each student works in a capacity similar to a judicial law clerk and is monitored and evaluated by the faculty member in charge of the program as well as by the judge for whom the particular student works. The educational objectives of the course include legal problem solving, legal research and writing, professional responsibility, and legal process.
Labor Law (3) Law 137
The law governing labor-management relations, particularly federal regulation of employers, labor organizations, and employees during union organizational campaigns and collective bargaining. Major topics include employees’ rights to engage in or refrain from concerted activity, employer and union unfair labor practices, representation elections, and the roles of the National Labor Relations Board and the federal courts in administering the National Labor Relations Act and other federal labor laws.
Land Use Control (3) Law 265
Prerequisite: Constitutional Law II
Municipal zoning, changes in zoning, amendments, spot zoning, variance and special exceptions, planned unit developments and modern residential subdivisions, covenants, floating zones, holding zones, state controls, land planning, modern controls of the land development process, landmarks, plat approval and forced dedication, flood plains, and environmental controls.
Law and Culture (2) Law 203
This seminar examines the increasing interdependence of law and culture in American society. Analyzing a broad array of source materials, from law review articles to newspaper reports, from television shows and films to YouTube videos, we will examine how law impacts culture and how culture impacts law. In addition, we will examine law as a culture in itself, with its own particular meanings, values, and assumptions. Topics discussed include the "CSI effect," narratives surrounding immigration in American society, the culture of law school, and the role of the media in the Iraq war, among many others. Each class participant will do a brief in-class presentation and write a final paper. There is no final exam.
Law and Diversity (3) Law 141
The course addresses the role of the law in establishing, maintaining, and remedying group-based inequality, exclusion, and oppression within the American social, economic, and political community. The course includes study of the history of group-based inequality, the responses law has made to this inequality, and critiques, such as feminist jurisprudence and critical race theory, of the law’s role in perpetuating such inequality. The course grade is based upon a research paper and an oral presentation.
Law Practice Management (2) Law 264
The areas of study include the public's perception of the legal profession, legal profession trends, small law office survival, products and services, office accounting, case planning, fee contracts, fee arrangements, common ethical complaints and methods to avoid them, civility in the profession, marketing and promotion of legal services, firm performance evaluation, financial analysis of the firm, strategic planning, modern law office technology, use of law clerks and paralegals, pro bono obligations, and human resource management.
The Lawyering Process (1-4) Law 030, Law 031, Law 032, Law 033
Students selected to participate in this program work with attorneys in various public or private sector placements. The course examines the issues and responsibilities confronted by new attorneys as they strive to develop skills in their chosen field of practice.
Legal Fundamentals: Review and Test-Taking Skills (3) Law 150 - Experimental
The objective of this course is to enhance the student’s knowledge of certain facets of subjects tested on the Illinois Bar Examination. The course will also focus on test-taking techniques, with particular emphasis on multiple choice and essay questions. The course will also provide students an opportunity to write a performance test. The final examination will be a mini-bar. The course is neither a substitute for any other course in the curriculum, nor is it a substitute for an outside bar review course. Limited to final-semester students. This course is pending approval as a permanent course.
Legislation and Political Thought (2) Law 266
This course recognizes the increasing growth of statutes as a source of American law, analyzing the challenges presented by all aspects of legislation. The topics that will be covered include the political models of the legislative process, representational structures, legisprudence and separation of powers, judicial review, direct democracy and statutory interpretation. Particular attention will be given to both the dominant theories of interpretation, as well as to the traditional techniques for interpreting statutes.
The Litigation Practicum (1-4) Law 277, Law 278, Law 279, Law 280
Students approved for participation in this course will work with various agencies and private lawyers under the guidance of supervising attorneys and the faculty administrator. The development and enhancement of litigation skills is highlighted, with emphasis on identifying and analyzing the litigator’s ethical and professional responsibilities. Students may enroll in the following externship programs: the Lawyering Process, the Litigation Practicum, the Judicial Extern Program, the IRS Externship Program, and Clinical Legal Education in Intellectual Property Law. For a description of the various programs, see page 9.
Local Government Law (3) Law 129
The government structure, function, and intergovernmental relationships; special attention will be paid to judicial and legislative sources of control, home-rule, constitutional limits of selected police powers, the licensing authority, as well as the financing and staffing of local government.
Media Law (2) Law 114
An analysis of the legal principles that affect the electronic and print media. The course covers topics such as the meaning of the phrase “freedom of the press” under the first amendment, access to information, prior restraints, defamation, invasion of privacy, journalist privilege, government regulation of the broadcast media and other topics at the discretion of the instructor.
Mediation and Mediation Advocacy (2) Law 244
This course examines the theory and practice of effectively representing clients in a variety of mediation settings, and is designed to give students both a theoretical background and hands-on experience. The course will focus on mediation from two perspectives: that of the mediator and that of the advocate. Effective advocacy in mediation has elements in common with effective advocacy in litigation, but there are critical differences. These similarities and differences will be explored through guest lecturers, class-based simulations, interactive role-playing, and post-mortem discussions. In addition, students will explore the ethical issues that arise in mediation settings and how those issues may impact their professional responsibility obligations. This course is required for students pursuing an ADR certificate. It
is also a prerequisite for the Advanced Mediation Practicum.
Music Licensing (1) Law 220
The course provides an overview of music licensing from both a legal and practical perspective. Music Licensing is a broad, complex topic with a language of its own. Students will become familiar with music licensing terminology and will understand the legal rights from which the terms and all music licenses originate. Since music licenses are essentially copyright licenses, those portions of copyright law that apply to music properties will be reviewed, as well as the business contexts in which they are relevant.
National Security Law (2) Law 147
This course focuses on the government’s national security powers: the war power and the problem of separation of powers, the government’s power in emergencies, internal security concerns, access to national security information, and restraints on publications in disclosing of national security information.
Natural Resources Law (2) Law 111
An examination of the various aspects of natural resources law and how that body of law affects the development and use of real estate, including the economics of natural resources law, the sources of natural resources law, ownership of natural resources, management of commodity resources (timber, minerals, and water), land use and development, conservation efforts, and the impact of these efforts on development and renewable natural resources.
Negotiation (2) Law 282
This course is designed to serve as both an advanced
negotiation course and a stand-alone negotiation course. The goals are to
communicate insights in both theory and conceptual models of various
negotiation processes. In particular, this class will provide students the
opportunity to understand and apply these concepts and theories in both
familiar and unfamiliar negotiation situations. Actual negotiation simulations
will provide the students with opportunities to polish their skills and
practice the different styles and tactics presented through various
hypothetical exercises. This course will also satisfy a requirement of the
Alternative Dispute Resolution certificate program.
Patent Claim Drafting (2) Law 286
Recommended: Intellectual Property Law Planning and Practice
This class is a continuation of Intellectual Property Law Planning and Practice. The workshop will give students extensive practical experience in drafting claims for all areas of technology. Experts will be brought in to give specific instruction on drafting claims for mechanical, chemical, biochemical, electrical, biotechnology, and computer cases.
Patent Clinic (2) Law 239
Under the supervision of a patent practitioner registered to practice before the U.S. Patent and Trademark Office, students will write patent applications for needy inventors. Students will interview an inventor, prepare drawings and a description for a patentability search, evaluate the patentability search results, prepare drawing layouts for a patent application for the inventor, and write all parts of the specifications including claims for the invention. Applications will be filed with the U.S. Patent and Trademark Office. If an office action arrives at an appropriate time, the students will then prepare a response to the office action. Each student will participate in evaluating and perfecting the work of the other students and will submit, for the final grade, their version of the patent application for the inventor.
Patent Law: Learning
and Mentoring (2) Law 296
Students taking this course will learn to relate the patent act,
patent rules, and patent procedures to practical matters likely to be
encountered by high-value-added workers, and will mentor high-school students
in classroom and in extracurricular environments. Examples of practical patent
matters to be covered include: 1) What is a patent; 2) Preserving patent
rights; 3) Using USPTO patent classifications; 4) Patent parts; 5) Patent
requirements; 6) Novelty searching; 7) Patent analysis; and 8) Patent
enforcement. Each student taking this course will be required to meet with
high-school students at Austin Polytechnical Academy for approximately one hour
each week.
Patent and Trade Secret Law (3) Law 117
The law of patents, including inventorship, section 102 bars, specification and claims, patentable subject matter, requirements for patentability, filing and prosecution of a patent application, claim interpretation, and infringement and litigation issues. The law of trade secrets, including the definition of a trade secret, the duty of non-disclosure, misappropriation, improper means of discovery, remedies, and the Uniform Trade Secret Act.
Patent Law Planning and Practice (3) Law 290
Planning for efficient economic use of intellectual property, obtaining patent disclosures from inventors, patent search initiation and opinion analysis, preparation of patent applications including claim drafting criteria, analysis of Patent Examiner action and preparation of response, trademark search criteria, analysis and opinion preparation, preparation of trademark and copyright application, patent infringement analysis and opinion preparation, and effective use of intellectual property licenses.
Patent Law: Statutory & Regulatory Fundamentals (2) Law 199
Recommended: Previous patent law coursework and/or experience.
The course is designed for a person interested in the fundamentals of patent law and, particularly, in representing clients before the United States Patent and Trademark Office. The course will track a patent application for an invention from the moment of conception through the U.S. Patent and Trademark Office. The principal laws are covered along with an extensive focus on the legal characterization of “prior art.” The course will study in depth Title 35 USC; the Manual of Patent Examining Procedures, and the Code of Federal Regulations as it relates to patent practice. Claim drafting is also introduced and practiced.
Patent Office Practice (3) Law 197
Prerequisite: IP Survey, Patent & Trade Secret Law, Substantive Patent Law I or II
All aspects of proceedings before the U.S. Patent & Trademark Office, including: the formal requirements of the patent application, communications from the examiner, requirements for restriction, rejection of applications and claims, examiner interviews, appeals from patent office decisions, certificates of correction, and reissue practice.
Payment Systems Law (3) Law 271
Prerequisites: Contracts I and II
This course is a comprehensive introduction to the statutory and common laws that regulate the payment of monetary obligations (exclusive of investment securities). The course will focus on the mechanisms for creating and using paper-based negotiable instruments through the use of checks and promissory notes (U.C.C. Articles 3 & 4 and Regulation CC of the Expedited Funds Availability Act [EFAA]), electronic funds transfers through the use of debit cards and wire transfers (U.C.C. Article 4A and Electronic Funds Transfer Act [EFTA]), credit cards, and letters of credit (U.C.C. Article 5).
Philosophy of Law (2) Law 268
The first half of the course is concerned with the major theories of law, including natural law, analytical jurisprudence, positivism, sociological jurisprudence, and American legal realism. The second half is devoted to selected legal-philosophical problems such as human rights, legal responsibility, nature of rights, civil disobedience, or duty to obey law. These selected problems will be studied in light of the various theories of law surveyed in the first half of the course.
Police Civil Liability (2) Law 258
In today's society, claims involving the alleged violation
of an individual's constitutional rights by the police are commonplace. Even
though criminal charges can be brought against the police for violating a
citizen's constitutional rights, litigation under civil law is far more
frequent and represents a greater threat to police personnel. The Federal Civil
Rights Act, 42 USC §1983, is the most frequently invoked statutory basis for
federal police abuse actions against state and local police officers. Civil
suits against the police arise out of many situations and for a variety of
reasons; some of these reasons are inherent in the nature of the police role;
others arise from the services officers provide the public; still others result
from the status of officers as governmental employees. This course will explore
the scope of police civil liability by analyzing common theories, such as the
Fourth Amendment, the Due Process Clause and Equal Protection Clause of the Fourteenth
Amendment, which often form the basis of the underlying federal claim.
Additionally, this course will analyze available immunities for police officers
and their employers. Available damages for constitutional violations will also
be addressed.
Predatory Lending (3) Law 288
This course has two components—lectures team-taught by experts in the area and the practical application of the material covered in the lectures. As part of the course, students will learn how to evaluate home lending documents for predatory terms; how to counsel borrowers about their rights under federal, state, and local laws that deal with predatory home lending practices; and how to settle disputes and restructure loans using non-litigation techniques. Students will interview consumers, counsel them about the terms of their loans, and discuss their options. Students will also educate Chicago consumers about the issues of predatory lending.
Pretrial Practice in Civil Litigation (3) Law 235
Prerequisites: Civil Procedure I and II and senior standing. Not open to students who have taken Public Law Litigation.
The study of pretrial practice in civil litigation, including pleadings, motions, discovery devices, pretrial conferences, and orders. Building upon the fundamental concepts of procedure contained in civil procedure, the course is intended to give the student a greater understanding of the theoretical and practical import of pretrial practice, including the role of pleadings and discovery, issues surrounding privileged communications, attorney work-product privilege, and the significance of protective orders. The course provides skills training in the pretrial activities customarily confronted by an attorney including drafting pleadings, discovery materials, proposed pretrial orders and memoranda of law, taking depositions and interviewing prospective witnesses, taking part in hearings on motions, and pretrial conferences.
Products Liability (2) Law 238
Prerequisite: Torts
This course provides in-depth analysis of the theories of liability and doctrines that pertain to claims for damages suffered as a result of defective products, including an advanced study of principles of negligence and strict liability.
Professional Malpractice (2) Law 142
Investigation of principles of professional malpractice law encompassing selected professions (emphasizing the medical and legal professions). This course also analyzes the legislative response in this area and treatment of policy considerations.
Protection of Intellectual Property in a Global/Digital Environment (3) Law 178
The Internet has had a profound impact on the recognition and protection of intellectual property rights in a digital environment. This course is designed to explore the unique interplay between intellectual property rights and the Internet and other digitized formats, in both the United States and internationally. Among the issues to be explored are the impact of digitization on copyright ownership and use, database protection, cybersquatting and other domain registration and use issues, framing, cyberpiracy, Internet business patents, cyber-enforcement, and international regulation of intellectual property rights on the Internet.
Psychology and the Law (2) Law 240
This course explores the relationship between the two disciplines, both of which try to understand and regulate human behavior. Topics will include such issues as personal responsibility for wrongful acts, the legal concept of competence and incompetence, treatment of the mentally ill, the rights of the mentally ill, and voluntary and involuntary commitment.
Public Health Emergency Law (3) Law 165 - Experimental
This course will explore both domestic and international legal structures that govern preparedness for an emergency, whether the emergency is caused by an outbreak of an emerging infectious disease, a bio-terrorism threat or event, a weapon of mass destruction incident, or a natural disaster. The anthrax attacks of 2001, the SARS epidemic of 2003, the threat of an avian influenza pandemic, and the potential for a nuclear-armed Iran--even including natural disasters such as hurricanes and earthquakes--all point to the need for a preparedness system well-grounded in law. As a result, state and local governments, as well as the federal government and international bodies, are debating and enacting new laws and regulations dealing with preparedness issues. The debates focus on striking the balance between private rights vs. public good. This course is pending approval as a permanent course.
Public International Law (3) Law 110
Public international law with emphasis on the sources of international law and municipal law, subjects of international law, sovereignty, objects of international law, international transactions (treaties, torts), war and neutrality, law of international institutions, and the United Nations.
Public Law Litigation (2) Law 241
Prerequisite: Constitutional Law I
This seminar simulates in a structured and supervised way the actual manner in which a lawyer is confronted in practice with a difficult question of public law. Students will be required to interview the client, advise the client on how best to proceed, draft pleadings, conduct discovery, and brief and argue pretrial motions. The course will force the student to confront ethical and procedural problems as well as substantive problems, and to make strategic decisions as well as theoretical judgments. To simulate the experience of working effectively with other lawyers, the class will be divided into “law firms” that will represent the different sides of the dispute.
Public Sector Labor Relations (2) Law 237
Prerequisite: Labor Law
A study of the specialized and rapidly developing law governing public sector labor relations, including collective bargaining, mediation, interest and grievance arbitration, unfair labor practices, bargaining, strikes, fair share fees, and recent developments under the Illinois laws which give teachers, police, firefighters, and other public employees collective bargaining rights. Enrollment is limited to 20. Grades are based on a seminar paper and participation in seminar discussions.
Publishing Law (1) Law 267
The objective of this course is to offer an overview of legal issues as they arise in the publishing environment. The course will examine a range of issues that occur in publishing, including certain aspects of contract and copyright law, but also including trademark law, right of publicity law, Internet law, and First Amendment law. The topics addressed will be approached from two perspectives; one “defensive,” to avoid litigation; and another “offensive,” to build value in the intellectual property that is created by the author and the publisher.
Real Estate Transactions (3) Law 243
Prerequisites: Property I and II
This course introduces the basic residential real estate transaction including the relationship of brokers to seller and to buyer, broker listing agreement, the real estate sales contract, typical real estate financing devices, land surveys, marketable title, title insurance, the Recording Acts, implied warranties in residential sales, seller disclosure requirements, and ethical responsibilities of the attorney in representing the various parties to the transaction.
Recent Illinois Decisions (1) Law 118
A survey of recent decisions of the Illinois Supreme Court and Appellate Courts. Each student will write a casenote on one of the cases discussed in the Court. No law review student may enroll.
Religion and the Law (2) Law 269
Aspects of Western religious belief as they have been inculcated into the English and American legal systems (including an examination of both civil and criminal substantive law) have been affected and have reflected beliefs and precepts taken from Judaism and Christianity. An examination of the church-state relationship as it has evolved to date from Colonial times; issues and cases exploring and defining that relationship on the state and national level in the United States.
Remedies (3) Law 120
Remedial values, goals, and mechanisms; development of equity jurisprudence; equitable principles, maxims, powers, and remedial devices; equitable remedies (including those that operate on the person and those that affect property); equitable defenses (including estoppel, laches, fraud, mistake, and hardship); enforcement of decrees and judgments (including contempt); restitution and unjust enrichment; remedies for injuries to the person; remedies for interference with property interest; remedies for injuries to intangible business and personal interests; and compensatory and punitive damages.
Right of Publicity and Protection of Personality (3) Law 196
This course examines the origin, creation, and protection of publicity and privacy rights in the context of intellectual property issues. Course readings and class discussion are supplemented with guest speakers who have experience with these issues.
Rights of Prisoners in American Law Seminar (2) Law 121
The seminar is divided into two parts. The first will be devoted to a study and discussion of post-conviction rights of American prisoners, the jurisdiction of state and federal courts over cases brought by prisoners, and the remedies available to a convicted person in this country under some state and federal law. The second part will be devoted to a study of the nature of remedies available to a prisoner under U.S. law, the kinds of occurrences within institutions of incarceration that give rise to a cause of action for and on behalf of a prisoner in a state or federal American court, and analysis of recent cases and decisions.
Sales Transactions (3) Law 245
Prerequisites: Contracts I and II
Introduction to Article Two—Sales of the Uniform Commercial Code. Emphasis on documentary transactions, counseling business clients, and statutory interpretation.
School Law (2) Law 116
A study of the federal and state law that determines the
nature of schools and schooling, their organization, operation, and management.
The course includes a consideration of school personnel problems, school
districting and redistricting problems, referendum and bond issues, school
boards, teacher responsibility and
rights, student responsibility and rights, school records, special education issues, the in loco parentis
doctrine, tort and contractual liability, collective bargaining, dress codes,
religious freedom, desegregation, and other selected issues of constitutional
law.
Scientific Evidence Seminar (2) Law 246
The course will deal generally with the theory and practice of the use of expert witnesses and the direct and cross questioning of such witnesses. Students will be required to do original work in locating scientific treatises and in preparing themselves to examine specialists in several disciplines. While it is anticipated that most of the course will involve examinations in the field of chemistry and psychiatry, this depends upon the availability of specialists in those fields. An attempt will be made to develop principles that can be applied in the examination of any expert witness. Grading will be based, at least in part, upon classroom performance and papers submitted. Some form of written examination, however, may also be used.
Secured Transactions (2) Law 247
Study of Article Nine—Secured Transactions of the Uniform Commercial Code; related provisions of the Code and of other statutes, especially the Bankruptcy Reform Act. Practice in planning and drafting.
Securities Regulation (3) Law 248
Recommended: Corporations
Basic law and current problems in the regulation of the issuance and sale of securities, federal and Illinois statutes and decisions, the regulations of the S.E.C. and regulations of the Securities Department of the Secretary of State of Illinois.
Selected Topics in USA Business Law: A General
Practice Approach (1) Law 236 - Experimental
Prerequisite: Senior Level Status (55 or more
credits already earned).
This one-credit “Selected Topics” course will be offered in
various different versions. Coverage of the different versions of this
course – coverage that will emphasize ideas of particular interest to general
practice lawyers -- may include, but is not limited to including, breach and
excused non-performance of contracts, payments for contracts, remedies for
breaches of contracts, security for future payments, civil procedure / remedies
(generally) / evidence for business-related disputes. Subject to pertinent ABA
/ JMLS rules, students may take any number of the different versions of
this course for one credit and may take any of those different
versions in any order. This course is pending approval as a permanent course.
Seminar on Selected Topics in Intellectual Property Law (2) Law 295
Prerequisites: Patent and Trade Secret Law, Trademark and Copyright Law
This seminar will cover various topics from all branches of intellectual property law including patents, trademarks, copyrights, unfair competition, trade secrets, and international intellectual property law. Each student will choose a topic, research the topic, prepare a paper, and present the paper to the class. During the first few weeks of class, guest lecturers will speak on current issues and suggest sample topics from each of the main areas of intellectual property law.
Sex Crimes (3) Law 164 - Experimental
Prerequisite: Criminal Law
The purpose of this course is to explore the development of laws concerning sexual violence and the direction of such laws in the future. Topics to be discussed include the substantive laws against rape, child molestation, obscenity, child pornography, and prostitution. Further, the class will address the emerging law related to the collateral regulations on sex offenders including registration requirements, residency restrictions, and civil commitment. Students will be responsible for writing a seminar paper related to sexual violence criminal law. This course is pending approval as a permanent course.
Sexual Orientation Law (2) Law 168
This seminar explores the legal regulation of sexual orientation and
gender identity. It begins by examining historical views of sexual
orientation and the myriad effects that religion, culture, science, and
politics have had on sexual orientation law. The seminar then surveys
employment discrimination and other legal issues related to sexual
orientation and gender identity.
Sports Law (2) Law 228
The course will cover the law governing professional sports leagues and players, including: relationships, rights, options, free agency, drafts, player negotiations, arbitration, antitrust, sports as entertainment, and rules governing agents and college athletes.
Survey of Executive Compensation Plans (2) Law 224
Prerequisite: Federal Income Tax Recommended: Taxation of Corporations
This survey course is intended to provide an overview of the framework of rules governing nonqualified executive compensation, with primary focus on the tax, legal, financial, and accounting issues that specifically impact such arrangements. Funding vehicles such as "rabbi" and secular trusts are discussed.
Survey of Welfare Plan Issues (2) Law 223
Prerequisite: Federal Income Tax
This basic survey course is intended to provide fundamental familiarity with welfare benefit plans. It examines the wide variety of Code provisions governing welfare benefit plans, namely short- and long-term disability income plans, dependent care and family leave, medical and dental plans, death benefit coverage, unemployment compensation, and others. Topics such as flexible benefit plans and flexible spending accounts that provide tax-shelters for such welfare benefits will also be discussed.
Taxation of Corporations, Corporate Transactions and Shareholders (3) Law 225
Prerequisite: Income Taxation
Taxation of corporations and shareholders occurring in connection with certain transactions, including corporate formation, distributions, redemptions, partial and complete liquidations, sales of assets or stock, and reorganizations. Also covered are subchapter S elections and the penalty taxes on accumulated earnings and personal holding companies.
Taxation of Estates and Trusts (3)Law 232
A detailed study of federal estate and gift taxation and the income taxation of estates and trusts, and elementary principles of estate planning.
Taxation Seminar: Advanced (3) Law 227
Prerequisites: Income Taxation and Taxation of Corporations
A problem approach combining both individual partnership and corporate income tax problems, written problems and assignment of memoranda simulating the law firm work environment, and substantial research using the various tax materials available. Course limited to 15 students.
Torts Law Seminar (2)
The topic of this seminar will change from time to time to allow the professor and students to explore current topics in tort law. Students will be required to research and draft a paper on a topic of their choosing with guidance from the professor. Class discussions will revolve around the general theme of the seminar and the research projects.
Trademark and Copyright Law (3) Law 124
The law of trademarks including creation and maintenance of trademark rights, registration and administrative proceedings, intent-to-use applications, generic marks, abandonment, infringement, laches and unclean hands, concurrent rights, misrepresentation, and configuration marks. The law of copyright including copyrightable subject matter; the idea/expression dichotomy; compilations and derivative works; computers; pictorial, graphic, and sculptural works; duration and renewal; ownership; publication and notice; deposit and registration; protectable rights; fair use; and remedies.
Trademark and Copyright Law Planning and Practice (3) Law 127
Prerequisite: Trademark and Copyright Law
The planning and practice of establishing, commercializing, and protecting intellectual property assets under U.S. copyright and trademark laws. Students will examine the intricacies of trademark and copyright clearance, selection, registration, and protection, including the preparation of opinion letters, applications, office action responses, and infringement analysis; licensing, securitization, development, and merchandizing deals; due diligence exercises for software acquisitions; advertising review, customs recordation and seizure practice, Internet publishing and service provider agreements, and trademark litigation survey preparation.
Transactional Law and Representing the Business Client (3) Law 149
Prerequisites: Federal Income Tax, Corporations Recommended: Professional Responsibility, Tax of Corporations, and Business Planning & Drafting
This course is designed to immerse future transactional/business law practitioners in planning business transactions for owners of closely held business enterprises. Students will prepare a case-study memoranda and, by role-playing as student-lawyers and/or student-clients, will participate in a series of simulated business transactions. Students will refine the quality and depth of their ability to identify clients' business objectives, evaluate planning options, and think strategically about business transactions. Simulations will be videotaped and discussed with substantive feedback from the instructor and members of the class
Transnational Legal Negotiation and Mediation (3) Law 193
This course examines the theories, methods, techniques,
and objectives of legal negotiations and mediations along with client
interviewing and counseling as applied to transactions and disputes that arise
in a transnational context. Students will conduct simulated negotiations and
mediations using American law and the law of the field-trip-based international
host school's country. Emphasis will be placed on the legal, ethical, and
cultural challenges facing an American lawyer in resolving disputes and conducting
negotiations and mediations in a foreign country.
Trial Advocacy: Advanced (3) Law 182
Prerequisite: Trial Advocacy
Designed for students who intend to be trial lawyers. Full preparation and trial of one or more jury trials under the close supervision of the instructor.
Unfair Competition and Trade Regulation (3) Law 273
Economic and legal aspects of competition; the privilege of competition; unfair trade practices including trade secrets, misappropriation, product disparagement, interference with contractual relations, trademark and trade infringement, and false and misleading advertising; Federal Trade Commission jurisdiction and regulation of unfair and deceptive acts and practices; lotteries, gift enterprises; and sales below cost.
Veterans Advocacy (2) Law 105 - Experimental
This course will prepare John Marshall students to understand the theory of veterans law and how to think about the law. It is meant to add to a student's legal education by teaching the skills and values of working with real life situations. This course deals with what it means to be a lawyer in a practical setting while dealing with actual clients. It teaches students the values and expectations needed at every stage from the initial factual intake to technical aspects of representation at the appeals' process. This course provides not only the legal theory on veteran's advocacy but also a way to learn about dispute resolution and litigation. Students will learn about federal agency litigation practice, sharpen their analytic skills, and become confident in their abilities to deal with clients and the courts. This course is pending approval as a permanent course.
Voting Rights and Elections (2) Law 123
This course focuses on voting rights and election law. It deals with topics such as: the right to vote and its historical development, African-American enfranchisement, reapportionment, statistics and other similar evidence in voting rights and election cases, the Voting Rights Act and its current interpretations, campaign financing, electioneering vs. issue advocacy, eligibility for office, ballot access, free speech in the political process, television and radio political parties, and the electoral college.
WTO Law (3) Law 217/Law 756
This course explores the law of the World Trade Organization (WTO). Students will learn the WTO's history and organizational structure, and will study the package of agreements establishing the WTO, including the GATT 1994, the General Agreement on Trade in Services, and the Agreement on Trade-Related Aspects of Intellectual Property. The procedures of the WTO's Dispute Settlement Body (DSB) will also be addressed, and the course materials include excerpts from numerous DSB decisions. Each student will be expected to prepare and present an analysis of one of the decisions of the DSB. Other topics to be addressed include GATT nondiscrimination principles and exceptions; technical barriers to trade; safeguards, antidumping and subsidies rules; and developing countries within the WTO system.
White Collar Crime (2) Law 218 - Experimental
This course surveys basic issues in federal white collar criminal liability, including conspiracy, mail and wire fraud, RICO, bribery of public officials, entity liability, money laundering, and some procedural issues. This course is pending approval as a permanent course.
Women, Law, and Feminist Jurisprudence (3) Law 143
There will be two parts to this course: historical perspective and application. First, students will study the history of women and the law. The history will include the historical framework for women’s inferior legal status and insubordination, the law’s response, and the role of the women’s movement throughout this history. In addition, students will study jurisprudence, its history, and how feminist theories fit into that history. Second, the students will study how the history, law, and theories apply to various topics particularly affecting or having a differential impact upon women: sexuality, pregnancy, violence, reproduction, marriage, children, family life, employment opportunity, and educational opportunity, to name a few. The course will be formatted as a seminar, with the grade to be based on a research paper and possibly an oral presentation.
Workers' Compensation (2) Law 211
The course is structured to provide students with an understanding of Illinois Workers' Compensation law and its daily practice. The course work provides students with up-to-date knowledge in the fast-paced and evolving field of Illinois Workers' Compensation law. We will also discuss general concepts of workers' compensation across the United States. The course is designed to provide students with the basic understanding of the main issues involved in workers' compensation cases and provide a working understanding of how a case moves through the Illinois Workers' Compensation Commission and into the reviewing courts.
Workplace Misconduct:
Conducting Investigations and Interviews (2) Law 298
This course is designed to teach students the skills
necessary to conduct an effective and independent investigation, with an
emphasis on interviewing skills in an investigative role. The class will focus
on workplace misconduct investigations and interviews, but the skills taught
can be carried over into any type of investigation. The goals are to teach
students the skills necessary to conduct an independent investigation,
including how to determine when an investigation is necessary, how to draft an
investigative plan, how to conduct interviews in an investigative role, and how
to draft investigation reports. The course will be taught through a combination
of course readings, lectures, and in-class simulations using hypothetical workplace
misconduct complaints.
Writing for the Practice of Law (3) Law 151
This course focuses on Illinois Civil Procedure as the basis for the writing problems, but it is not a substitute for the substantive course in Illinois Civil Procedure. The course is intended to be practical preparation for the practice of law, which is oftentimes stressful because of time constraints. To provide experience working regularly under time constraints, during 90 minutes of each three-hour class the students will resolve a problem in Illinois Civil Procedure using a set of prepared materials. The assigned tasks will include objective memos, letters of opinion, and argumentative memos.
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