Interest Areas

Corporate and Commercial Law Practice

Administrative Law Law 255

  • Credits: 3 hours

Legal principles governing state and federal agencies. Particular emphasis is placed on the federal Administrative Procedure Act and judicial control of the administrative agencies.

Advanced Negotiation Law 635

  • Credits: 3 hours

Prerequisite: Negotiation I; Mediation & Mediation Advocacy

Antitrust Laws Law 314

  • Credits: 3 hours

Antitrust policy under Sherman, Clayton and Federal Trade Commission Acts. Collaboration in pricing and market-sharing agreements; trade association activities; resale price maintenance; dealer franchises; exclusive dealing; monopolization; mergers and other integrations.

Arbitration: Theory & Practice Law 239

  • Credits: 3 hours

This course covers a variety of aspects of commercial and labor arbitration, includes agreements to arbitrate, judicial review of arbitration decisions and the enforceability of arbitration awards, analysis of both the federal and state arbitration acts, and review of federal and state court decisions relating to arbitration. The course will mostly emphasize doctrinal study and court decisions, but will also devote some time to practical skill-building.

Business Entities Tax Law 360

  • Prerequisites: Business Organizations & Federal Income Tax or instructor's consent.
  • Credits: 4 hours

This course will focus on the issues facing the owner of a business at three stages during its life: creation, operation and liquidation. The course will emphasize choice of entity issues, comparing and contrasting the various forms of business enterprise. It will also cover the basics of both partnership taxation (which is also the treatment of LLCs and LLPs) and corporations (including S Corporations).

Business Organizations Law 202

  • Credits: 3 hours
  • Offerings: Fall and Spring

Fundamentals of the various types of business organizations including general and limited partnerships, limited liability companies and partnerships, and corporations. Particular emphasis on closely held corporations and the rights, responsibilities and liabilities of business associates, including agency and fiduciary relationships.

Corporate Finance Law 203

  • Prerequisites: Business Organizations & Introduction to Business Law or instructor's consent
  • Credits: 3 hours

Capital structure and financing. Issuance of stock and payment of dividends. Provisions of the federal Securities and Exchange Act of 1934 on insider trading, fraud, and"tender offers"(take-over bids) of public-issue corporations.

Debtor and Creditor Law 303

  • Credits: 3 hours
  • Offerings: Spring

Emphasis on bankruptcy under the Bankruptcy Reform Act of 1978, including liquidation and debtor rehabilitation. Other matters affecting debtor-creditor relations, including judgment liens, executions, attachments, garnishments, fraudulent conveyances and exemptions. Suggested pre-requisite: Secured Transactions

Environmental Law & Policy Law 223

  • Credits: 3 hours

This is an experimental class designed to teach you environmental law and policy in context. You will be involved in a series of simulations to expose you to the institutions, law, and policies that create our environmental regulatory systems. The simulations will provide both professional writing experiences and opportunities to engage in oral advocacy in litigation, transactional, and policy contexts. Assessment: simulation problems. No exam.

Federal Income Tax Law 215

  • Credits: 3 hours
  • Offerings: Spring

This course addresses the federal income taxation of individuals, including the determination of gross income, allowable deductions and the character of gain or loss. Nonrecognition and other common transactions are covered.

Intellectual Property Law 315

  • Credits: 3 hours

Fundamentals of intellectual property law including trademarks, copyrights, trade secrets and patents.

International Business Transactions Law 318

  • Credits: 3 hours

Public and private aspects of international trade, licensing, and investment. Topics include international documentary transactions; letters of credit; exchange controls; NAFTA and the WTO; tariffs; trade barriers and preferences; duties; import and export controls, trade with non-market economies, ethical issues and the Foreign Corrupt Practices Act; international enforcement of intellectual property rights; foreign investment; double taxation; the European Union; repatriation of overseas profits; and expropriation.

Labor Law Law 205

  • Credits: 3 hours
  • Offerings: Taught in alternate years

Role of federal law in labor relations; historical development of labor law; union organization and recognition; duty to bargain collectively; strikes, picketing, and boycotts; administration and enforcement of the collective bargaining agreement.

Land Use Planning Law 222

  • Credits: 3 hours
  • Offerings: Spring

Overview of the traditional techniques of land use control including zoning, subdivision controls, planned unit developments and growth management controls. Consideration of the comprehensive plan as a limitation on administrative and political discretion in the decision-making process. Examination of the Due Process and Takings Clause jurisprudence of the Supreme Court with respect to land use regulation.

Mergers and Acquisitions Law 349

  • Prerequisites: Business Organizations, Corporate Finance
  • Credits: 2 hours

The course introduces students to the structure, negotiation, and documentation of corporate mergers and acquisitions. Topics covered include basic acquisition structures, fiduciary duties of directors and officers, deal flow and the role of counsel in a transaction, successor liability, due diligence, shareholder appraisal rights, takeover defense mechanisms, risk allocation, and negotiation and documentation of the transaction. The final paper is a client memorandum addressed to a director of the target company from an actual deal that the student selects from the SEC's database of public company deals. This 2-credit course does not emphasize tax or securities aspects of corporate mergers and acquisitions. Updated 10/2014.

Payment Systems Law 338

  • Credits: 3 hours
  • Offerings: Spring

Payment Systems involves study of the variety of ways that we pay for goods and services other than cash - and the law, policy, and institutions that govern them. It deals with both older payment systems - credit and debit cards, direct deposits into automatic debits from checking accounts, checks, wire transfers - as well as evolving new payment systems such as E-money, real time payments, and Bitcoins. It also touches upon credit enhancement devices such as letters of credit and liquidity systems such as negotiable instruments. Although there remains a remnant of UCC Articles 3-5, the field is increasingly dominated by federal law and private standards. Payment Systems is generally not tested on bar exams; students should take this course only because they ae interested in representing consumers, banks, or business, or because they are curious about how law adapts to rapidly emerging new technologies. Assessment: CALI exercises, written problems and short objective final exam.

Real Estate Transactions Law 214

  • Credits: 3 hours

Contracts for sale of land, including remedies for breach. Security devices, including mortgages, trust deeds and land sale contracts. Real estate development, including subdivisions and condominiums.

Sales Law 246

  • Credits: 2 hours

The law concerning sales of goods. Focus is on Article 2 of the Uniform Commercial Code and related commercial and consumer law. Topics include formation, interpretation, and enforcement of sales contracts; risk of loss; rejection and revocation of acceptance of goods; breach of warranty in commercial and consumer cases; buyers' and sellers' remedies; and issues concerning delivery of good title. Minor coverage is also given to Articles 2A (lease of goods), 5 (letters of credit), 7 (documents of title).

Secured Transactions Law 337

  • Credits: 3 hours
  • Offerings: Fall

The law concerning secured transactions in personal property and fixtures (Article 9 of the Uniform Commercial Code). Topics include the scope of UCC Article 9, creation and perfection of security interests, priorities of claimants to collateral, and default and enforcement procedures. Emphasis is placed on the study of the interrelationship of UCC Article 9 and bankruptcy law.

Securities Regulation Law 309

  • Prerequisites: Business Organizations
  • Credits: 3 hours

This course examines the regulation of securities offerings and trading under the Securities Act of 1933 and the Securities Exchange Act of 1934. It explores offerings and the registration process under the Securities Act, along with reporting requirements under the Exchange Act. The course will also cover fraud, insider trading, and civil liabilities under both Acts. Finally, the course will touch upon selected recent developments in securities regulation. Updated 11/2013.

Water Law Law 356

  • Credits: 3 hours

This course emphasizes basic water law for the lawyer-practitioner, focused on quantitative water law, including state allocation and regulation of water, public interest in water use, and the public trust doctrine. Course content will mesh with other natural resource, property and administrative law courses, providing a practical background of how water rights relate to property ownership, land use planning, real estate transactions, and natural resource regulation.

Criminal Law Practice

Advanced Negotiation Law 635

  • Credits: 3 hours

Prerequisite: Negotiation I; Mediation & Mediation Advocacy

Advanced Topics in Criminal Law: Sentencing Reform & Policy Law 389

  • Prerequisites: Criminal Law & Criminal Procedure I
  • Credits: 2 hours
  • Offerings: Spring

This seminar explores the modern sentencing reform movement. Topics include the origins and critiques of the traditional sentencing system, the philosophical and policy bases for limiting judicial discretion in sentencing laws, sentencing guidelines and commissions, alternatives to incarceration, organizational sentencing, capital punishment, and the impact of race and gender on sentencing. The seminar compares federal and state approaches to these questions and also examines sentencing in other countries. In discussing the issues, we assess competing models of sentencing and current debates about the proper goals of policing, justice, incarceration, rehabilitation, deterrence and retribution.

Anglo-American Legal History Law 340

  • Credits: 3 hours
  • Offerings: Spring; Taught in alternate years

Most American law and legal institutions have deep historical roots. Whether one becomes a practicing lawyer, legislator or government policy maker, she will want to understand how and why the legal system grew in order to be able to defend the status quo or to propose how and why it should be changed. This course is an introduction to characteristic features of the common law. Depending on the course book selected, topics may include popular sovereignty, republicanism, federalism, judicial law making, slavery, women and the family, labor law, legal science, trial by jury, civil and criminal procedure, legal education, or the legal professions.

Civil Rights Litigation Law 231

  • Prerequisites: Constitutional Law I and II
  • Credits: 3 hours
  • Offerings: spring

Race, racism and American law. Included are construction and application of the 13th, 14th, and 15th Amendments to the United States Constitution, the original civil rights statutes, and modern civil rights legislation. Emphasis on the law's successes and failures in addressing discrimination in housing, education, voting, public accommodations and interracial sex and marriage.

Criminal Procedure I Law 334

  • Credits: 3 hours
  • Offerings: Fall

Criminal process from crime to trial. Emphasis upon recent constitutional law cases and current problems: arrest; search and seizure; police questioning; identification; initial appearance; preliminary hearing and release decision; complaint; indictment and information; discovery and disclosure; free press and fair trial; exclusionary rule applications; and plea negotiation.

Criminal Procedure II: Prosecution, Defense & Adjudication Law 391

  • Credits: 3 hours
  • Offerings: Spring

This course starts where Criminal Procedure: Police Practices ends by looking at the prosecution and adjudication of criminal cases. Topics include the right to counsel, pretrial release and detention, charging, double jeopardy, pleas and plea bargains, confrontation of witnesses, sentencing, appeals and post conviction remedies.

Deposition Skills Training Law 398

  • Credits: 3 hours

This course provides students with hands-on training on how to conduct and defend depositions in a simulated setting. Students learn to build a strong framework for basic deposition techniques as well as how to handle expert witness depositions. They will draft documents related to depositions, including notices, subpoenas, motions, affidavits, and proposed orders. The course will use a simulated case file and will include direct instruction, videotaped performance, team practice, and structured feedback.

Don Turner Criminal Trial Competition Law 426

  • Credits: 1 hour first time competing; 0 hours second time competing. Maximum of 1 hour.

Evidence Law 213

  • Credits: 4 hours
  • Offerings: Fall and Spring

Judicial notice; real and demonstrative evidence; direct and circumstantial evidence; witnesses; authentication; hearsay; burden of proof; presumption; relevance; privileges.

Externship Law 478

  • Prerequisites: Dependent upon placement
  • Credits: 3 or 6 hours

Externship is a course providing field learning opportunities in government, nonprofit and corporate practices, where you work for academic credit, not pay. The goal of the program is to provide learning about fundamental skills and values of the lawyer within the context of actual legal practice and under the tutelage of experienced lawyers. Updated 06/2014.

Oregon Criminal Procedure & Practice Law 396

  • Credits: 2 hours

Advanced study of Oregon criminal procedure and practice. Emphasis on recognizing and litigating, from trial through appeal, criminal/constitutional procedure issues including self-incrimination, right to counsel, search and seizure, and speedy trial. In this course students will study selected cases and articles, prepare written motions and responses and present oral argument on the motions and responses. Grade is based on class participation and quality of written and oral motion practice.

State Constitutional Law Law 355

  • Prerequisites: Constitutional Law I
  • Credits: 2 hours

State constitutions differ from the United States Constitution and among themselves. The course examines these differences, and how courts and lawyers deal with provisions that do and others that do not parallel federal provisions.

Trial Practice Law 613

  • Prerequisites: Evidence
  • Credits: 3 hours

Preparation of civil and criminal cases; voir dire; direct and cross-examination; opening and closing statements. Each student argues several cases before professors and members of bench and bar of Oregon and Washington.

Environmental/Natural Resources Practice

Advanced Negotiation Law 635

  • Credits: 3 hours

Prerequisite: Negotiation I; Mediation & Mediation Advocacy

Business Organizations Law 202

  • Credits: 3 hours
  • Offerings: Fall and Spring

Fundamentals of the various types of business organizations including general and limited partnerships, limited liability companies and partnerships, and corporations. Particular emphasis on closely held corporations and the rights, responsibilities and liabilities of business associates, including agency and fiduciary relationships.

Civil Rights Litigation Law 231

  • Prerequisites: Constitutional Law I and II
  • Credits: 3 hours
  • Offerings: spring

Race, racism and American law. Included are construction and application of the 13th, 14th, and 15th Amendments to the United States Constitution, the original civil rights statutes, and modern civil rights legislation. Emphasis on the law's successes and failures in addressing discrimination in housing, education, voting, public accommodations and interracial sex and marriage.

Debtor and Creditor Law 303

  • Credits: 3 hours
  • Offerings: Spring

Emphasis on bankruptcy under the Bankruptcy Reform Act of 1978, including liquidation and debtor rehabilitation. Other matters affecting debtor-creditor relations, including judgment liens, executions, attachments, garnishments, fraudulent conveyances and exemptions. Suggested pre-requisite: Secured Transactions

Deposition Skills Training Law 398

  • Credits: 3 hours

This course provides students with hands-on training on how to conduct and defend depositions in a simulated setting. Students learn to build a strong framework for basic deposition techniques as well as how to handle expert witness depositions. They will draft documents related to depositions, including notices, subpoenas, motions, affidavits, and proposed orders. The course will use a simulated case file and will include direct instruction, videotaped performance, team practice, and structured feedback.

Environmental Law & Policy Law 223

  • Credits: 3 hours

This is an experimental class designed to teach you environmental law and policy in context. You will be involved in a series of simulations to expose you to the institutions, law, and policies that create our environmental regulatory systems. The simulations will provide both professional writing experiences and opportunities to engage in oral advocacy in litigation, transactional, and policy contexts. Assessment: simulation problems. No exam.

Federal Courts Law 207

  • Credits: 3 hours
  • Offerings: Taught in alternate years

The role of federal courts within the judicial system. Includes federal question and diversity jurisdiction; process and venue; removal of cases from state courts; conflict of federal and state jurisdiction; use of state law in federal courts.

Global Sustainability Law 386

  • Credits: 2 hours
  • Offerings: Spring

This course examines the philosophy and practice of sustainability and follows the subsequent development of this approach in resolving post industrial problems. After a brief introduction to ecological ethics and thinking, we begin with its origins in the public international law of environmental protection. Through the analytical lenses of risk analysis, economics, land use law and social sciences, we examine how sustainability can engage and resolve complex, post industrial problems through law and the work of lawyers. Throughout the course, we consider how law can engage solutions, and the role of lawyers in implementing sustainable approaches through law and other social forums.

International Law and Dispute Resolution Law 117

  • Credits: 3 hours
  • Offerings: Spring
  • Crosslistings: 316

This course offers a survey of public international law and dispute resolution. Topics covered include the origins, nature, development, sources, and subjects of international law; recognition of states and governments; treaty interpretations; state and government succession; extradition; human rights; laws of armed conflict; the control of terrorism; the law of the sea; and international cultural heritage law

International Law and Dispute Resolution Law 316

  • Credits: 3 hours
  • Offerings: Spring
  • Crosslistings: 117

This course offers a survey of public international law and dispute resolution. Topics covered include the origins, nature, development, sources, and subjects of international law; recognition of states and governments; treaty interpretations; state and government succession; extradition; human rights; laws of armed conflict; the control of terrorism; the law of the sea; and international cultural heritage law

Land Use Planning Law 222

  • Credits: 3 hours
  • Offerings: Spring

Overview of the traditional techniques of land use control including zoning, subdivision controls, planned unit developments and growth management controls. Consideration of the comprehensive plan as a limitation on administrative and political discretion in the decision-making process. Examination of the Due Process and Takings Clause jurisprudence of the Supreme Court with respect to land use regulation.

Pre-Trial Civil Litigation Law 374

  • Credits: 3 hours

A study of the planning, investigation, pleading and discovery lawyers engage in prior to trial and the skills, tactics and strategies necessary to effectively prepare to try a case. Course includes practice drafting pretrial motions, memoranda and declarations and creating a trial notebook.

Real Estate Transactions Law 214

  • Credits: 3 hours

Contracts for sale of land, including remedies for breach. Security devices, including mortgages, trust deeds and land sale contracts. Real estate development, including subdivisions and condominiums.

Remedies Law 204

  • Credits: 3 hours

This course examines the choices available to litigants who seek judicial remedies. Focus is on private remedies, including specific remedies (injunctions, specific performance, writs), declaratory judgments, and money judgments (tort and contract damages and restitution). Subtext of course reveals the interplay between specific and substitutionary relief.

State and Local Government Law Law 304

  • Credits: 3 hours

Considers the sources of local government power, the legal relations between local governments and other governmental entities, and local governments' relations with individuals.

Statutory Interpretation Law 216

  • Credits: 3 hours
  • Offerings: Spring

Discovery and use of statutes and legislative materials, including federal, state and municipal legislation in representation and litigation before legislative bodies and the courts; interpretation of legislation; insight into the legislative process and its effect.

Sustainable Natural Resources Law Law 348

  • Credits: 3 hours

This course introduces you at a sophisticated level to natural resources law and policy. We first develop an overall framework for understanding the vast array of natural resources subfields -- explicitly considering the substantive goals of the law, the means that may be chosen to implement the substantive goals, how we allocate the power to choose those goals and means, and the processes used to make such decisions. Our framework includes a consideration of the role of law, policy, economics and technical expertise. Next we explore how environmental and natural resources law and policy approaches the problem of nature conservation, sometimes referred to as protecting biodiversity. Then, we examine how environmental and natural resources law structures management of economic resources (e.g. water, fisheries, mineral resources) as well as significant legal doctrines that affect both biodiversity conservation and economic resource utilization (e.g. the public trust doctrine and constitutional takings doctrine).

Trial Practice Law 613

  • Prerequisites: Evidence
  • Credits: 3 hours

Preparation of civil and criminal cases; voir dire; direct and cross-examination; opening and closing statements. Each student argues several cases before professors and members of bench and bar of Oregon and Washington.

Water Law Law 356

  • Credits: 3 hours

This course emphasizes basic water law for the lawyer-practitioner, focused on quantitative water law, including state allocation and regulation of water, public interest in water use, and the public trust doctrine. Course content will mesh with other natural resource, property and administrative law courses, providing a practical background of how water rights relate to property ownership, land use planning, real estate transactions, and natural resource regulation.

Wildlife Law Law 375

  • Credits: 2 hours

This seminar course in roundtable discussion format explores how different subject areas of law fit together to resolve some of the most intriguing problems that arise in natural resource law. Wildlife Law will cover: common law underpinnings of protection of wildlife; who ?owns? wildlife as property (private vs. public); how to manage our remaining natural resources held in common, such as fisheries; wolf management; conservation, including game and habitat protection; perceived conflicts with animal law principles; intersection with water law and other regulatory systems; constitutional and administrative law aspects; biodiversity in the law, with special emphasis on the federal Endangered Species Act and its Oregon counterpart; and inter-sovereign relations (state, federal, tribal, international). One written paper on an assigned topic will be required in lieu of a final exam. Updated 11/2013.

Estate Planning Practice

Business Entities Tax Law 360

  • Prerequisites: Business Organizations & Federal Income Tax or instructor's consent.
  • Credits: 4 hours

This course will focus on the issues facing the owner of a business at three stages during its life: creation, operation and liquidation. The course will emphasize choice of entity issues, comparing and contrasting the various forms of business enterprise. It will also cover the basics of both partnership taxation (which is also the treatment of LLCs and LLPs) and corporations (including S Corporations).

Elder Law Law 352

  • Prerequisites: Trusts & Estates
  • Credits: 2 hours

Estate planning for the elderly client. Topics covered include an introduction to the aging population and the aging process, delivery of services to the elderly, ethical issues, income maintenance programs (Social Security, Disability and Supplemental Security Income), health care entitlement programs (Medicare and Medicaid), nursing homes and other residential alternatives, guardianships and conservatorships, planning techniques for long-term health care, and health care decision-making. Writing component includes reports on field activities, interview with a "client" and drafting an advice letter, and drafting of guardianship and conservatorship pleadings. Class meets once a week on "flex time" schedule, not exceeding 3 hours for any one session.

Federal Estate and Gift Tax Law 308

  • Prerequisites: Trusts and Estates
  • Credits: 2 hours

Federal tax treatment of the transfer of property by lifetime gift or at death. A series of problems apply the tax laws to specific fact situations. Includes comprehensive review problem requiring preparation of tax returns for hypothetical client. Introduces basic principles of estate planning for taxable estates.

Trusts & Estates Law 234

  • Credits: 3 hours
  • Offerings: Fall and Spring

Basic estate planning and administration concepts. Emphasis on lifetime transfers, wills and will substitutes, trusts, drafting and construction of estate planning documents, and planning for minor and disabled family members, for old age, and for illness and death.

Will and Trust Drafting Law 366

  • Prerequisites: Trusts & Estates
  • Credits: 2 hours
  • Offerings: Spring

This course builds the skills needed to draft estate planning documents for clients who require primarily non-tax planning. The semester begins with required computer exercises covering grammar and document organization, which allow each student to tailor lessons to areas needing improvement. Students then apply these basic skills to draft both portions of and entire estate planning documents, such as wills, trusts for minors, durable powers of attorney, advance medical directives, revocable living trusts, and client letters. On some exercises, students will critique each other?s drafts. Students also will receive ample feedback from the professor about their performance, together with specific suggestions for improvement. Class meets once a week for two hours and satisfies the practical skills writing requirement.

Health Care Law

Healthcare Law: The Affordable Care Act Law 268

  • Prerequisites: Health Care Law & Policy recommended
  • Credits: 2 hours

This class will focus on the development of the Patient Protection and Affordable Care Act of 2010 and the Reconciliation Act of 2010, and the impact this legislation has upon delivery and reimbursement models in heal care. Updated 10/2013.

Health Care Law & Policy Law 248

  • Credits: 2 hours

The course considers selected topics related to health care in the United States, with particular focus on issues relating to the financing of health care services and access to such services.

Health Care Transactions Law 3014

  • Prerequisites: None, but Health Care Law & Policy and Healthcare Law: The Affordable Care Act are recommended.
  • Credits: 2 hours
  • Offerings: Fall
  • Instructors: Michael Skindrud

Transactions between stakeholders in the health care sector are undertaken frequently, particularly in this time of industry consolidation. Examples include: joint ventures between hospitals, physicians and other providers; hospital acquisition of physician practices; agreements between insurers and providers; and affiliations among hospital systems. These transactions take place in a heavily regulated environment. In this course, students will take a deep dive into the substantive laws that govern these transactions, including the physician's self-referral law (Stark Law), the Anti-Kickback Law, the Federal False Claims Act, the Civil Monetary Penalty Law, the laws regulating tax exempt organizations (most hospitals are tax exempt), and the antitrust laws regulating market consolidation. Students will be given assignments from clients wanting these transactions, will identify applicable laws, will counsel their clients on what can be done within the law, and then will create terms sheets and agreements that accomplish the client's goals. These assignments will be the focus of both individual and team oriented projects, class discussion, and written memos to the client, all providing a practical and real world environment for learning.

Medical Malpractice Law 270

  • Credits: 2 hours
  • Offerings: Spring; Taught in alternate years

Some 75,000 hospital patients die each year because of negligence. Just in the past month, a hospital in Texas mistakenly discharged a patient who subsequently developed Ebola. Many hundreds of people were placed on movement restricts and two health care workers who cared for the patient subsequently contracted the disease. Why do mistakes like this occur and what are we doing to prevent medical errors? The healthcare industry has become perhaps the most regulated in the United States. As clinicians, hospitals, medical device manufacturers, pharmaceutical companies and other players respond to this regulatory environment, the health law field has become a dynamic and complex area. And it is one evidencing a marked growth in legal employment. Indeed, health law has become such a specialized area that some state bars have developed board certification programs in healthcare. This class is unified around two main themes: (1) legal mechanisms to assure medical quality and (2) legal mechanisms to protect and promote patient autonomy. Among the many areas we will examine some of the most interesting include: - why medical malpractice occurs; - what the health care industry is doing to improve patient safety; - how licensure and credentialing process failures can lead to significant patient injuries; - the elements of a malpractice claim and corresponding defenses; - why apology and early offers to pay are bringing about huge changes in our compensation system; - the discovery, trial and settlement processes; - how liability insurance works; - the impact of litigation on clinicians. Updated 10/2014.

Public Health Law Law 397

  • Credits: 2 hours

This seminar will focus on the authority of local governments to regulate for the public health. From smoking bans to proposed limits on large sodas, cities and counties are often at the vanguard of public health regulatory efforts. This class will examine the legal issues?both doctrinal and normative?that arise when government takes aggressive regulatory action in this regard. Some familiarity with local government law is encouraged, but not required. The course will also examine the commercial speech doctrine under the First Amendment. It is highly recommended that one take Administrative Law (Law 255) and State & Local Government (Law 304) prior to this course. First Amendment (Law 381) is recommended as well. Updated 03/2014.

Individual Rights Practice

Family Law

Administrative Law Law 255

  • Credits: 3 hours

Legal principles governing state and federal agencies. Particular emphasis is placed on the federal Administrative Procedure Act and judicial control of the administrative agencies.

Child and Family Advocacy Clinic Law 618-04

  • Prerequisites: Legal Research & Writing I and II
  • Credits: 2-4 hours

Students will work on cases and matters involving children and families, especially those affected by family violence. Students may also have the opportunity to provide education advocacy for children with special needs and to assist with impact litigation intended to advance the protection of children. Students may interview clients, prepare pleadings and motions, conduct fact-finding, negotiate with opposing counsel and appear in court or administrative or administrative proceedings.

Constitutional Law II Law 252

  • Credits: 3 hours
  • Offerings: Fall and Spring

Study of the following issues arising under the United States Constitution: freedom of expression and association; religion clauses (free exercise of religion; bar on establishment of religion); equal protection clause (suspect and semi-suspect classifications; fundamental rights); state action doctrine; and congressional enforcement of civil rights.

Disability Law Law 233

  • Credits: 2 hours

This course examines the ways in which modern disability laws are changing the cultural and physical landscape of our society. We will explore issues such as: disability discrimination and reasonable accommodation in the workplace, the obligation of government and private businesses to become accessible, and the requirements of housing providers to accommodate renters with disabilities. This class is team-taught by two attorneys: one who investigates civil rights complaints and another who represents plaintiffs in disability cases. In order to maximize our efforts to bring the real world into the classroom, we will also have several attorney guest speakers.

Elder Law Law 352

  • Prerequisites: Trusts & Estates
  • Credits: 2 hours

Estate planning for the elderly client. Topics covered include an introduction to the aging population and the aging process, delivery of services to the elderly, ethical issues, income maintenance programs (Social Security, Disability and Supplemental Security Income), health care entitlement programs (Medicare and Medicaid), nursing homes and other residential alternatives, guardianships and conservatorships, planning techniques for long-term health care, and health care decision-making. Writing component includes reports on field activities, interview with a "client" and drafting an advice letter, and drafting of guardianship and conservatorship pleadings. Class meets once a week on "flex time" schedule, not exceeding 3 hours for any one session.

Family Law Law 208

  • Credits: 3 hours

Survey of laws governing marriage and divorce. Includes jurisdiction; consequences; economic relations; alimony, support and separation agreements; status of the child; juvenile court proceedings as they affect child custody and the parent-child relationship.

Juvenile Law Law 325

  • Credits: 2 hours

Legal rights and status of children. Rights regarding economic activity, family, school, health care and sexuality. Analysis of key bases for juvenile court jurisdiction: abuse/neglect; status offenses; and crimes. Due process rights in police, court and agency procedures. Issues raised by placement in foster care, juvenile detention facilities, adult jails, and state training schools. Additional rights of special population children: poor, handicapped, migrant, Native American.

Oregon Family Law Practice Law 395

  • Credits: 2 hours
  • Offerings: Spring

This course will offer students an opportunity to put into practice what they learned in the basic family law course. The course will operate much like a practical skills course, but will focus on Oregon family law, and will include substantial preparation of written work. Students will participate in motions regarding their cases, custody evaluations, mediation and a trial of contested issues. In addition, students will learn how property is divided; child support is determined; what factors are significant in a custody evaluation and how a qualified domestic relations order is created.

Remedies Law 204

  • Credits: 3 hours

This course examines the choices available to litigants who seek judicial remedies. Focus is on private remedies, including specific remedies (injunctions, specific performance, writs), declaratory judgments, and money judgments (tort and contract damages and restitution). Subtext of course reveals the interplay between specific and substitutionary relief.

State Constitutional Law Law 355

  • Prerequisites: Constitutional Law I
  • Credits: 2 hours

State constitutions differ from the United States Constitution and among themselves. The course examines these differences, and how courts and lawyers deal with provisions that do and others that do not parallel federal provisions.

Will and Trust Drafting Law 366

  • Prerequisites: Trusts & Estates
  • Credits: 2 hours
  • Offerings: Spring

This course builds the skills needed to draft estate planning documents for clients who require primarily non-tax planning. The semester begins with required computer exercises covering grammar and document organization, which allow each student to tailor lessons to areas needing improvement. Students then apply these basic skills to draft both portions of and entire estate planning documents, such as wills, trusts for minors, durable powers of attorney, advance medical directives, revocable living trusts, and client letters. On some exercises, students will critique each other?s drafts. Students also will receive ample feedback from the professor about their performance, together with specific suggestions for improvement. Class meets once a week for two hours and satisfies the practical skills writing requirement.

Immigration

Civil Rights Litigation Law 231

  • Prerequisites: Constitutional Law I and II
  • Credits: 3 hours
  • Offerings: spring

Race, racism and American law. Included are construction and application of the 13th, 14th, and 15th Amendments to the United States Constitution, the original civil rights statutes, and modern civil rights legislation. Emphasis on the law's successes and failures in addressing discrimination in housing, education, voting, public accommodations and interracial sex and marriage.

Immigration Law Law 350

  • Credits: 3 hours
  • Offerings: Spring

The administrative structure and substantive legal doctrine of immigration law, including the bases for permanent resident alien and non-immigration status; exclusion and deportation, and the international law of immigration; constitutional constraints on the Immigration and Naturalization Service and other governmental agencies; the rights of undocumented aliens, refugees and asylees; and employment rights of aliens.

Remedies Law 204

  • Credits: 3 hours

This course examines the choices available to litigants who seek judicial remedies. Focus is on private remedies, including specific remedies (injunctions, specific performance, writs), declaratory judgments, and money judgments (tort and contract damages and restitution). Subtext of course reveals the interplay between specific and substitutionary relief.

Civil Rights

Anglo-American Legal History Law 340

  • Credits: 3 hours
  • Offerings: Spring; Taught in alternate years

Most American law and legal institutions have deep historical roots. Whether one becomes a practicing lawyer, legislator or government policy maker, she will want to understand how and why the legal system grew in order to be able to defend the status quo or to propose how and why it should be changed. This course is an introduction to characteristic features of the common law. Depending on the course book selected, topics may include popular sovereignty, republicanism, federalism, judicial law making, slavery, women and the family, labor law, legal science, trial by jury, civil and criminal procedure, legal education, or the legal professions.

Civil Rights Litigation Law 231

  • Prerequisites: Constitutional Law I and II
  • Credits: 3 hours
  • Offerings: spring

Race, racism and American law. Included are construction and application of the 13th, 14th, and 15th Amendments to the United States Constitution, the original civil rights statutes, and modern civil rights legislation. Emphasis on the law's successes and failures in addressing discrimination in housing, education, voting, public accommodations and interracial sex and marriage.

Employment Discrimination Law 339

  • Credits: 3 hours

This course focuses on workplace claims involving employment discrimination and harassment. State and federal laws prohibiting discrimination based on race, sex, religion, national origin, age, sexual orientation, and disability are explored. Topics include disparate treatment, disparate impact, harassment, bona fide occupational qualifications, and the business necessity defense. Updated 04/2014.

First Amendment Law 381

  • Credits: 2 hours

First Amendment is a topical seminar in First Amendment law (speech and religion). Students are expected to have a basic understand of First Amendment doctrine and analysis. Using that knowledge as a foundation, the seminar will focus on theory and application of First Amendment principles on particular issues (e.g.: hate speech). Class evaluation will be based on a book/article review (3-5 pages), a final paper (25 +/- pages), a class presentation of the draft paper during the final week of the semester, an oral and written critique of a classmate's paper (2-3 pages), and class participation. Updated 3/2016.

Remedies Law 204

  • Credits: 3 hours

This course examines the choices available to litigants who seek judicial remedies. Focus is on private remedies, including specific remedies (injunctions, specific performance, writs), declaratory judgments, and money judgments (tort and contract damages and restitution). Subtext of course reveals the interplay between specific and substitutionary relief.

Selected Topics in Constitutional Law & Legal History Law 385

  • Credits: 3 hours
  • Offerings: Spring

A Constitutional History of the Civil War (Law 385; Hist. 450). This seminar will consider the causes and ramifications of the American Civil War from a constitutional perspective. It will trace those constitutional structures (e.g., federalism; slavery provisions) and subsequent events and cases (e.g., the secession crisis; Dred Scott) that precipitated the political and constitutional crisis of the Civil War. It will consider Lincoln's interpretation of the Constitution and his various legal policies (emancipation; suspension of habeas corpus; property confiscation; military tribunals). It will then consider creation and application of the 13th, 14th and 15th amendments and their subsequent interpretation and enforcement (e.g., Jim Crow laws; Plessy), concluding with the rise of the civil rights movement and Brown v. Board of Education. The course will not consider civil war battles. Student will write a short review of a book, a short critique of a classmate?s paper, and write and present a final paper on a related topic of their choosing. Updated 10/2013.

Sexuality & Discrimination Law 388

  • Credits: 2 hours

This course will explore the contemporary legal, social, medical, and psychological issues of sexuality, both from a domestic legal perspective as well as from international vantage points. The focus of the course will be on discrimination based on sexual orientation, considering contexts of employment, family law, education, housing, and immigration. There will also be an exploration of the civil rights of people with AIDS, and the discrimination that attends it in the same contexts as well as in the availability of insurance and medical and dental treatment. Finally, the course will look at the phenomenon of discrimination with respect to pregnancy and related issues. A substantial writing project will be required, and evaluation will be partially based on contribution to class discussion.

State Constitutional Law Law 355

  • Prerequisites: Constitutional Law I
  • Credits: 2 hours

State constitutions differ from the United States Constitution and among themselves. The course examines these differences, and how courts and lawyers deal with provisions that do and others that do not parallel federal provisions.

Torts

Insurance Law Law 218

  • Prerequisites: Contracts I and II
  • Credits: 3 hours

Includes the history and development of insurance law, current principles of contract interpretation, as well as recent issues and developing trends in the fields of casualty, health, life and liability insurance. Close analysis of insurance contract language, critical thinking skills, and public policy analysis will be emphasized.

Remedies Law 204

  • Credits: 3 hours

This course examines the choices available to litigants who seek judicial remedies. Focus is on private remedies, including specific remedies (injunctions, specific performance, writs), declaratory judgments, and money judgments (tort and contract damages and restitution). Subtext of course reveals the interplay between specific and substitutionary relief.

Workers' Compensation Law 209

  • Credits: 2 hours

This course will examine how workers' compensation laws apply to workers in Oregon and other states. Subjects include the basic features of the workers' compensation system, exclusive remedy, employment status, defining compensability, benefits available, and litigation practice and tips. The course will include guest speakers consisting of attorneys who current practice in the system, state regulators, and judicial officers.

Intellectual Property

Copyright Law 260

  • Credits: 3 hours

This a comprehensive introduction to U.S. copyright law, and begins with an analysis of copyright?s underlying policies and theoretical framework. It then examines the substantive and formal requirements for copyright protection, the exclusive rights (reproduction, adaptation, etc.) accorded to authors and copyright proprietors, the fair use defense, issues involving copyright ownership, renewal, duration, transfer and termination of transfers, moral rights, possible Constitutional limitations to copyright holder rights, contributory and vicarious liability (focusing on music file trading and peer-to-peer services like Napster, Kazaa and Grokster), and the Digital Millennium Copyright Act (DMCA).

Intellectual Property Law 315

  • Credits: 3 hours

Fundamentals of intellectual property law including trademarks, copyrights, trade secrets and patents.

Patent Law and Policy Law 354

  • Credits: 3 hours

The students will learn the fundamentals of U.S. patent law, patent practice, and the governing policy concerns. The course will concentrate on the practical rather than the theoretical, without being of interest solely to technically trained future patent practitioners. The professor will teach by lecture and demonstration with significant student classroom participation. A science or engineering background is preferable but not required.

International Law Practice

Admiralty Law 210

  • Credits: 2 hours

Admiralty jurisdiction of federal and state courts and substantive admiralty law. Students will examine whether a claim is governed by admiralty law, and what remedies and procedures admiralty law provides in personal injury and death of maritime workers, carriage of cargo, maritime liens, collision, salvage, limitation of liability and oil pollution.

Comparative Constitutional Law Law 358

  • Credits: 2 hours

Examination of recurring constitutional issues by review of legal scholarship and by comparing the constitutions and judicial interpretations of other countries. Considers topics among the following: comparative protections of civil, political and other human rights including freedom of speech and religion and the protection of religious and ethnic minorities; structural issues such as federalism, separation of powers, and the role of the judiciary; and the distinguishing features of socialist constitutions. Coverage includes examination of selected developments in Canada, Latin America, and Southern Africa. Students will make class presentations and write a paper.

Comparative Law Law 118

  • Credits: 3 hours
  • Crosslistings: 320

A general introduction to the nature of law and legal institutions outside the United States and to the comparative method of studying law. The principal focus is on the civil law tradition in Europe, Latin America, and East Asia and on selected countries characteristic legal structures and processes. The importance of indigenous law traditions in Latin American and Asia may also be reviewed, as well as the American lawyers practical problems in pleading and proving foreign law.

Comparative Law Law 320

  • Credits: 3 hours
  • Crosslistings: 118

A general introduction to the nature of law and legal institutions outside the United States and to the comparative method of studying law. The principal focus is on the civil law tradition in Europe, Latin America, and East Asia and on selected countries characteristic legal structures and processes. The importance of indigenous law traditions in Latin American and Asia may also be reviewed, as well as the American lawyers practical problems in pleading and proving foreign law.

European Union Law Law 383

  • Credits: 3 hours
  • Offerings: Taught in alternate years

An introduction to European legal integration and its institutional evolution through the era of the European Community and the European Union. This course examines the relevant treaties and legal institutions involved with legislative, executive, and judicial processes, as well as the EUs federal or supranational relationship with its member states. In introducing the common market, we emphasize the free movement of persons and workers including the rights of practice for lawyers. finally we survey specific Community policies concerning equality, social rights, the environment, consumers, civil litigation, and external relations.

German Law and Legal Institutions Law 378

    Program in International and Comparative Business Law at Bucerius Law School in Hamburg, Germany.

Global Sustainability Law 386

  • Credits: 2 hours
  • Offerings: Spring

This course examines the philosophy and practice of sustainability and follows the subsequent development of this approach in resolving post industrial problems. After a brief introduction to ecological ethics and thinking, we begin with its origins in the public international law of environmental protection. Through the analytical lenses of risk analysis, economics, land use law and social sciences, we examine how sustainability can engage and resolve complex, post industrial problems through law and the work of lawyers. Throughout the course, we consider how law can engage solutions, and the role of lawyers in implementing sustainable approaches through law and other social forums.

Immigration Law Law 350

  • Credits: 3 hours
  • Offerings: Spring

The administrative structure and substantive legal doctrine of immigration law, including the bases for permanent resident alien and non-immigration status; exclusion and deportation, and the international law of immigration; constitutional constraints on the Immigration and Naturalization Service and other governmental agencies; the rights of undocumented aliens, refugees and asylees; and employment rights of aliens.

International Business Transactions Law 318

  • Credits: 3 hours

Public and private aspects of international trade, licensing, and investment. Topics include international documentary transactions; letters of credit; exchange controls; NAFTA and the WTO; tariffs; trade barriers and preferences; duties; import and export controls, trade with non-market economies, ethical issues and the Foreign Corrupt Practices Act; international enforcement of intellectual property rights; foreign investment; double taxation; the European Union; repatriation of overseas profits; and expropriation.

International Law and Dispute Resolution Law 117

  • Credits: 3 hours
  • Offerings: Spring
  • Crosslistings: 316

This course offers a survey of public international law and dispute resolution. Topics covered include the origins, nature, development, sources, and subjects of international law; recognition of states and governments; treaty interpretations; state and government succession; extradition; human rights; laws of armed conflict; the control of terrorism; the law of the sea; and international cultural heritage law

International Law and Dispute Resolution Law 316

  • Credits: 3 hours
  • Offerings: Spring
  • Crosslistings: 117

This course offers a survey of public international law and dispute resolution. Topics covered include the origins, nature, development, sources, and subjects of international law; recognition of states and governments; treaty interpretations; state and government succession; extradition; human rights; laws of armed conflict; the control of terrorism; the law of the sea; and international cultural heritage law

International Law Moot Court Competition Law 416

  • Credits: 1 hour first time competing; 0 hours second time competing. Maximum of 1 hour.

Latin American Law and Legal Institutions Law 365

  • Prerequisites: Spanish proficiency
  • Credits: Up to 10 hours

Semester program in Quito, Ecuador at the Pontifical Catholic University of Ecuador. Fundamentals of the civil code, Ecuadorian procedural and substantive law, and Latin American legal institutions. Limit of two students. Requires approval of each participant by the Dean and the American Bar Association.

Selected Problems in International Law Law 359

  • Credits: 2 hours

This course will examine a range of current issues at the intersections of the environmental and cultural heritage, human rights, international economics and sovereignty. The class will also consider international legal aspects of any late-breaking events that merit attention.

Willamette Journal of International Law and Dispute Resolution Law 420

  • Prerequisites: International Law & Dispute Resolution or Negotiation I
  • Credits: 0 hours first semester; 1 hour second semester. Maximum 2 hours

Advanced research, writing and editing of scholarly legal articles concerning international law and international dispute resolution. Cooperative work with students, professors, lawyers and other authors.

Labor and Employment Practice

Advanced Negotiation Law 635

  • Credits: 3 hours

Prerequisite: Negotiation I; Mediation & Mediation Advocacy

Arbitration: Theory & Practice Law 239

  • Credits: 3 hours

This course covers a variety of aspects of commercial and labor arbitration, includes agreements to arbitrate, judicial review of arbitration decisions and the enforceability of arbitration awards, analysis of both the federal and state arbitration acts, and review of federal and state court decisions relating to arbitration. The course will mostly emphasize doctrinal study and court decisions, but will also devote some time to practical skill-building.

Deposition Skills Training Law 398

  • Credits: 3 hours

This course provides students with hands-on training on how to conduct and defend depositions in a simulated setting. Students learn to build a strong framework for basic deposition techniques as well as how to handle expert witness depositions. They will draft documents related to depositions, including notices, subpoenas, motions, affidavits, and proposed orders. The course will use a simulated case file and will include direct instruction, videotaped performance, team practice, and structured feedback.

Employment Discrimination Law 339

  • Credits: 3 hours

This course focuses on workplace claims involving employment discrimination and harassment. State and federal laws prohibiting discrimination based on race, sex, religion, national origin, age, sexual orientation, and disability are explored. Topics include disparate treatment, disparate impact, harassment, bona fide occupational qualifications, and the business necessity defense. Updated 04/2014.

Labor Law Law 205

  • Credits: 3 hours
  • Offerings: Taught in alternate years

Role of federal law in labor relations; historical development of labor law; union organization and recognition; duty to bargain collectively; strikes, picketing, and boycotts; administration and enforcement of the collective bargaining agreement.

Selected Topics in Constitutional Law & Legal History Law 385

  • Credits: 3 hours
  • Offerings: Spring

A Constitutional History of the Civil War (Law 385; Hist. 450). This seminar will consider the causes and ramifications of the American Civil War from a constitutional perspective. It will trace those constitutional structures (e.g., federalism; slavery provisions) and subsequent events and cases (e.g., the secession crisis; Dred Scott) that precipitated the political and constitutional crisis of the Civil War. It will consider Lincoln's interpretation of the Constitution and his various legal policies (emancipation; suspension of habeas corpus; property confiscation; military tribunals). It will then consider creation and application of the 13th, 14th and 15th amendments and their subsequent interpretation and enforcement (e.g., Jim Crow laws; Plessy), concluding with the rise of the civil rights movement and Brown v. Board of Education. The course will not consider civil war battles. Student will write a short review of a book, a short critique of a classmate?s paper, and write and present a final paper on a related topic of their choosing. Updated 10/2013.

Selected Topics in Labor & Employment Law Law 399

  • Credits: 2 hours
  • Offerings: Taught in alternate years

This seminar provides an opportunity for intensive study of the law of the workplace. While addressing the legal doctrine governing key components of the relationships between employers and employees, the seminar emphasizes the role current legal regimes play in structuring workplaces and workplace behavior. The topics addressed include the social and economic significance of work, the decline of unionism, the rise of the individual rights model versus the collective, and the incentives for hiring and workplace governance created by various antidiscrimination statutes, wage protections and employment entitlements.

Trial Practice Law 613

  • Prerequisites: Evidence
  • Credits: 3 hours

Preparation of civil and criminal cases; voir dire; direct and cross-examination; opening and closing statements. Each student argues several cases before professors and members of bench and bar of Oregon and Washington.

Law and Government Practice

Civil Rights Litigation Law 231

  • Prerequisites: Constitutional Law I and II
  • Credits: 3 hours
  • Offerings: spring

Race, racism and American law. Included are construction and application of the 13th, 14th, and 15th Amendments to the United States Constitution, the original civil rights statutes, and modern civil rights legislation. Emphasis on the law's successes and failures in addressing discrimination in housing, education, voting, public accommodations and interracial sex and marriage.

Externship Law 478

  • Prerequisites: Dependent upon placement
  • Credits: 3 or 6 hours

Externship is a course providing field learning opportunities in government, nonprofit and corporate practices, where you work for academic credit, not pay. The goal of the program is to provide learning about fundamental skills and values of the lawyer within the context of actual legal practice and under the tutelage of experienced lawyers. Updated 06/2014.

First Amendment Law 381

  • Credits: 2 hours

First Amendment is a topical seminar in First Amendment law (speech and religion). Students are expected to have a basic understand of First Amendment doctrine and analysis. Using that knowledge as a foundation, the seminar will focus on theory and application of First Amendment principles on particular issues (e.g.: hate speech). Class evaluation will be based on a book/article review (3-5 pages), a final paper (25 +/- pages), a class presentation of the draft paper during the final week of the semester, an oral and written critique of a classmate's paper (2-3 pages), and class participation. Updated 3/2016.

State and Local Government Law Law 304

  • Credits: 3 hours

Considers the sources of local government power, the legal relations between local governments and other governmental entities, and local governments' relations with individuals.

State Constitutional Law Law 355

  • Prerequisites: Constitutional Law I
  • Credits: 2 hours

State constitutions differ from the United States Constitution and among themselves. The course examines these differences, and how courts and lawyers deal with provisions that do and others that do not parallel federal provisions.

Statutory Interpretation Law 216

  • Credits: 3 hours
  • Offerings: Spring

Discovery and use of statutes and legislative materials, including federal, state and municipal legislation in representation and litigation before legislative bodies and the courts; interpretation of legislation; insight into the legislative process and its effect.

Litigation and Dispute Resolution Practice

Advanced Negotiation Law 635

  • Credits: 3 hours

Prerequisite: Negotiation I; Mediation & Mediation Advocacy

Advanced Topics in Conflict and Dispute Resolution Law 361

  • Credits: 2 hours
  • Offerings: Fall

This research seminar offers students exposure to various perspectives on and approaches to conflict and dispute resolution. These may include approaches from economics, psychology, anthropology, sociology, and political science as well as from law. They may also involve perspectives from comparative and international law. A research paper is required.

Anglo-American Legal History Law 340

  • Credits: 3 hours
  • Offerings: Spring; Taught in alternate years

Most American law and legal institutions have deep historical roots. Whether one becomes a practicing lawyer, legislator or government policy maker, she will want to understand how and why the legal system grew in order to be able to defend the status quo or to propose how and why it should be changed. This course is an introduction to characteristic features of the common law. Depending on the course book selected, topics may include popular sovereignty, republicanism, federalism, judicial law making, slavery, women and the family, labor law, legal science, trial by jury, civil and criminal procedure, legal education, or the legal professions.

Arbitration: Theory & Practice Law 239

  • Credits: 3 hours

This course covers a variety of aspects of commercial and labor arbitration, includes agreements to arbitrate, judicial review of arbitration decisions and the enforceability of arbitration awards, analysis of both the federal and state arbitration acts, and review of federal and state court decisions relating to arbitration. The course will mostly emphasize doctrinal study and court decisions, but will also devote some time to practical skill-building.

Civil Rights Litigation Law 231

  • Prerequisites: Constitutional Law I and II
  • Credits: 3 hours
  • Offerings: spring

Race, racism and American law. Included are construction and application of the 13th, 14th, and 15th Amendments to the United States Constitution, the original civil rights statutes, and modern civil rights legislation. Emphasis on the law's successes and failures in addressing discrimination in housing, education, voting, public accommodations and interracial sex and marriage.

Criminal Procedure I Law 334

  • Credits: 3 hours
  • Offerings: Fall

Criminal process from crime to trial. Emphasis upon recent constitutional law cases and current problems: arrest; search and seizure; police questioning; identification; initial appearance; preliminary hearing and release decision; complaint; indictment and information; discovery and disclosure; free press and fair trial; exclusionary rule applications; and plea negotiation.

Deposition Skills Training Law 398

  • Credits: 3 hours

This course provides students with hands-on training on how to conduct and defend depositions in a simulated setting. Students learn to build a strong framework for basic deposition techniques as well as how to handle expert witness depositions. They will draft documents related to depositions, including notices, subpoenas, motions, affidavits, and proposed orders. The course will use a simulated case file and will include direct instruction, videotaped performance, team practice, and structured feedback.

Evidence Law 213

  • Credits: 4 hours
  • Offerings: Fall and Spring

Judicial notice; real and demonstrative evidence; direct and circumstantial evidence; witnesses; authentication; hearsay; burden of proof; presumption; relevance; privileges.

Federal Courts Law 207

  • Credits: 3 hours
  • Offerings: Taught in alternate years

The role of federal courts within the judicial system. Includes federal question and diversity jurisdiction; process and venue; removal of cases from state courts; conflict of federal and state jurisdiction; use of state law in federal courts.

International Law and Dispute Resolution Law 117

  • Credits: 3 hours
  • Offerings: Spring
  • Crosslistings: 316

This course offers a survey of public international law and dispute resolution. Topics covered include the origins, nature, development, sources, and subjects of international law; recognition of states and governments; treaty interpretations; state and government succession; extradition; human rights; laws of armed conflict; the control of terrorism; the law of the sea; and international cultural heritage law

International Law and Dispute Resolution Law 316

  • Credits: 3 hours
  • Offerings: Spring
  • Crosslistings: 117

This course offers a survey of public international law and dispute resolution. Topics covered include the origins, nature, development, sources, and subjects of international law; recognition of states and governments; treaty interpretations; state and government succession; extradition; human rights; laws of armed conflict; the control of terrorism; the law of the sea; and international cultural heritage law

Labor Law Law 205

  • Credits: 3 hours
  • Offerings: Taught in alternate years

Role of federal law in labor relations; historical development of labor law; union organization and recognition; duty to bargain collectively; strikes, picketing, and boycotts; administration and enforcement of the collective bargaining agreement.

Negotiation I Law 113

  • Credits: 3 hours
  • Offerings: Spring
  • Crosslistings: 609

This course offers an introduction to the most commonly practiced dispute resolution processes, including negotiation, mediation, arbitration, and litigation. The emphasis of the course is on theory, with a small percentage of time devoted to practice issues

Negotiation I Law 609

  • Credits: 3 hours
  • Offerings: Spring
  • Crosslistings: 113

This course offers an introduction to the most commonly practiced dispute resolution processes, including negotiation, mediation, arbitration, and litigation. The emphasis of the course is on theory, with a small percentage of time devoted to practice issues

Pre-Trial Civil Litigation Law 374

  • Credits: 3 hours

A study of the planning, investigation, pleading and discovery lawyers engage in prior to trial and the skills, tactics and strategies necessary to effectively prepare to try a case. Course includes practice drafting pretrial motions, memoranda and declarations and creating a trial notebook.

Remedies Law 204

  • Credits: 3 hours

This course examines the choices available to litigants who seek judicial remedies. Focus is on private remedies, including specific remedies (injunctions, specific performance, writs), declaratory judgments, and money judgments (tort and contract damages and restitution). Subtext of course reveals the interplay between specific and substitutionary relief.

Secured Transactions Law 337

  • Credits: 3 hours
  • Offerings: Fall

The law concerning secured transactions in personal property and fixtures (Article 9 of the Uniform Commercial Code). Topics include the scope of UCC Article 9, creation and perfection of security interests, priorities of claimants to collateral, and default and enforcement procedures. Emphasis is placed on the study of the interrelationship of UCC Article 9 and bankruptcy law.

Trial Practice Law 613

  • Prerequisites: Evidence
  • Credits: 3 hours

Preparation of civil and criminal cases; voir dire; direct and cross-examination; opening and closing statements. Each student argues several cases before professors and members of bench and bar of Oregon and Washington.

Real Estate Development Practice

Advanced Negotiation Law 635

  • Credits: 3 hours

Prerequisite: Negotiation I; Mediation & Mediation Advocacy

Business Entities Tax Law 360

  • Prerequisites: Business Organizations & Federal Income Tax or instructor's consent.
  • Credits: 4 hours

This course will focus on the issues facing the owner of a business at three stages during its life: creation, operation and liquidation. The course will emphasize choice of entity issues, comparing and contrasting the various forms of business enterprise. It will also cover the basics of both partnership taxation (which is also the treatment of LLCs and LLPs) and corporations (including S Corporations).

Business Organizations Law 202

  • Credits: 3 hours
  • Offerings: Fall and Spring

Fundamentals of the various types of business organizations including general and limited partnerships, limited liability companies and partnerships, and corporations. Particular emphasis on closely held corporations and the rights, responsibilities and liabilities of business associates, including agency and fiduciary relationships.

Debtor and Creditor Law 303

  • Credits: 3 hours
  • Offerings: Spring

Emphasis on bankruptcy under the Bankruptcy Reform Act of 1978, including liquidation and debtor rehabilitation. Other matters affecting debtor-creditor relations, including judgment liens, executions, attachments, garnishments, fraudulent conveyances and exemptions. Suggested pre-requisite: Secured Transactions

Environmental Law & Policy Law 223

  • Credits: 3 hours

This is an experimental class designed to teach you environmental law and policy in context. You will be involved in a series of simulations to expose you to the institutions, law, and policies that create our environmental regulatory systems. The simulations will provide both professional writing experiences and opportunities to engage in oral advocacy in litigation, transactional, and policy contexts. Assessment: simulation problems. No exam.

Federal Income Tax Law 215

  • Credits: 3 hours
  • Offerings: Spring

This course addresses the federal income taxation of individuals, including the determination of gross income, allowable deductions and the character of gain or loss. Nonrecognition and other common transactions are covered.

Land Use Planning Law 222

  • Credits: 3 hours
  • Offerings: Spring

Overview of the traditional techniques of land use control including zoning, subdivision controls, planned unit developments and growth management controls. Consideration of the comprehensive plan as a limitation on administrative and political discretion in the decision-making process. Examination of the Due Process and Takings Clause jurisprudence of the Supreme Court with respect to land use regulation.

Real Estate Transactions Law 214

  • Credits: 3 hours

Contracts for sale of land, including remedies for breach. Security devices, including mortgages, trust deeds and land sale contracts. Real estate development, including subdivisions and condominiums.

Secured Transactions Law 337

  • Credits: 3 hours
  • Offerings: Fall

The law concerning secured transactions in personal property and fixtures (Article 9 of the Uniform Commercial Code). Topics include the scope of UCC Article 9, creation and perfection of security interests, priorities of claimants to collateral, and default and enforcement procedures. Emphasis is placed on the study of the interrelationship of UCC Article 9 and bankruptcy law.

State and Local Government Law Law 304

  • Credits: 3 hours

Considers the sources of local government power, the legal relations between local governments and other governmental entities, and local governments' relations with individuals.

Tax Practice

Business Entities Tax Law 360

  • Prerequisites: Business Organizations & Federal Income Tax or instructor's consent.
  • Credits: 4 hours

This course will focus on the issues facing the owner of a business at three stages during its life: creation, operation and liquidation. The course will emphasize choice of entity issues, comparing and contrasting the various forms of business enterprise. It will also cover the basics of both partnership taxation (which is also the treatment of LLCs and LLPs) and corporations (including S Corporations).

Business Organizations Law 202

  • Credits: 3 hours
  • Offerings: Fall and Spring

Fundamentals of the various types of business organizations including general and limited partnerships, limited liability companies and partnerships, and corporations. Particular emphasis on closely held corporations and the rights, responsibilities and liabilities of business associates, including agency and fiduciary relationships.

Corporate Finance Law 203

  • Prerequisites: Business Organizations & Introduction to Business Law or instructor's consent
  • Credits: 3 hours

Capital structure and financing. Issuance of stock and payment of dividends. Provisions of the federal Securities and Exchange Act of 1934 on insider trading, fraud, and"tender offers"(take-over bids) of public-issue corporations.

Debtor and Creditor Law 303

  • Credits: 3 hours
  • Offerings: Spring

Emphasis on bankruptcy under the Bankruptcy Reform Act of 1978, including liquidation and debtor rehabilitation. Other matters affecting debtor-creditor relations, including judgment liens, executions, attachments, garnishments, fraudulent conveyances and exemptions. Suggested pre-requisite: Secured Transactions

Federal Estate and Gift Tax Law 308

  • Prerequisites: Trusts and Estates
  • Credits: 2 hours

Federal tax treatment of the transfer of property by lifetime gift or at death. A series of problems apply the tax laws to specific fact situations. Includes comprehensive review problem requiring preparation of tax returns for hypothetical client. Introduces basic principles of estate planning for taxable estates.

Federal Income Tax Law 215

  • Credits: 3 hours
  • Offerings: Spring

This course addresses the federal income taxation of individuals, including the determination of gross income, allowable deductions and the character of gain or loss. Nonrecognition and other common transactions are covered.

Trusts & Estates Law 234

  • Credits: 3 hours
  • Offerings: Fall and Spring

Basic estate planning and administration concepts. Emphasis on lifetime transfers, wills and will substitutes, trusts, drafting and construction of estate planning documents, and planning for minor and disabled family members, for old age, and for illness and death.