Introduction to the rules controlling the litigation of civil cases. Topics may include: survey of remedies, the distinction between legal and equitable remedies for purposes of right to jury; provisional remedies; Erie doctrine; jurisdiction, with emphasis on long arm jurisdiction; venue and process; claim and issue preclusion; parties to civil litigation, including necessary parties, third-party practice and class actions; pleading, discovery and motion practice under federal and state rules systems.
Formation of informal and formal contracts; nature and duration of offer; acceptance; mutual assent; general principles of consideration; parol evidence; interpretation; constructive conditions and conditions precedent and subsequent; breach of contract; remedies for breach of contract; impossibility of performance; third party beneficiary; assignment; Statute of Frauds; discharge; accord and satisfaction; novation; illegal contracts. The development of contract law as a cultural institution reflective of general social and political trends. Consideration of the link between the humanities and extant contract law.
Formation of informal and formal contracts; nature and duration of offer; acceptance; mutual assent; general principles of consideration; parol evidence; interpretation; constructive conditions and conditions precedent and subsequent; breach of contract; remedies for breach of contract; impossibility of performance; third party beneficiary; assignment; Statute of Frauds; discharge; accord and satisfaction; novation; illegal contracts. The development of contract law as a cultural institution reflective of general social and political trends. Consideration of the link between the humanities and extant contract law.
Fundamentals of legal analysis, research and writing, including analyzing and reasoning using statutes, court rules and judicial opinions, and communicating the legal analysis clearly and effectively to others in writing and in oral argument.
Fundamentals of legal analysis, research and writing, including analyzing and reasoning using statutes, court rules and judicial opinions, and communicating the legal analysis clearly and effectively to others in writing and in oral argument.
Law of possession; acquisition of title; estates and future interests in land; adverse possession; easements; servitude and covenants; landlord and tenant.
This course examines the civil remedies available to compensate people who have been injured. The course focuses on actions for physical injury, and includes intentional torts, negligence, strict liability, products liability, damages, and wrongful death.
Construction and application of the United States Constitution; allocation of powers between the federal government and the states; allocation of powers among federal executive, Congress, and courts; due process.
An overview of approaches among the states to the substantive criminal law, crimes and defenses. Includes historic common law distinctions, modern statutory modifications and the Model Penal Code.
An overview of approaches among the states to the substantive criminal law, crimes and defenses. Includes historic common law distinctions, modern statutory modifications and the Model Penal Code.
Most class sessions will be devoted to discussing exercises from the workbook Legal Analysis, many of which consist of two parts: a fact pattern presented in the text, and a list of citations to legal sources (court opinions, statutory sections, regulations) that serve as the closed universe for analysis of the fact pattern. Students must read each fact pattern several times and consult the legal sources listed at the end of each exercise; students also are encouraged to brief the cases they collect to enhance classroom participation and facilitate writing responses to assigned exercises. During several weeks, students will take part in a small group study session with the instructor in lieu of one of the weekly class meetings. The instructor will offer feedback on students' comprehension of the material, contributions to the group, and progress towards building an effective outline of course materials to use when studying for the final exam.
Introduction to American Law is a course designed for LL.M, MBA and Master of Legal Studies Program students. The course provides an overview of various areas of American law, of the U.S. legal profession, and of the U.S. judicial process. It serves as an introduction to legal and ethical principles driving the U.S. legal system in the context of jurisprudence of American law and legal culture. Through close reading and critical discussion of cases and materials, the course will introduce students to effective use of legal resources and legal reasoning in the U.S. legal system. The course will also focus on introducing the students to reading and understand cases and statutes, doing legal research, and applying existing law to the issue at hand. Lastly, the course will include a section on professional ethics and culture of the law, including, settlement expectations of different dispute resolution mechanisms in the United States.
Legal Research & Analysis is a course designed for LL.M, MBA and Master of Legal Studies students. The course offers an introduction to legal analysis, research and writing. While legal research sources and techniques are a central component of the course, it is recognized that legal research must be studied in the context of the legal analysis and writing process. Therefore, students study and perform exercises in problem analysis, weight of authority, issue formulation, case law analysis, statutory interpretation, forms of legal reasoning and citation form. Students will conduct legal research based on a factual scenario, analyze the law and report the results of that research and analysis in writing.
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.
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.
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.
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.
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.
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.
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.
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.
Consideration of the ethical problems in the practice of law, the legal constraints on the lawyer's professional conduct, the role of the lawyer in the legal profession and the place of the profession in society.
An examination into the role of federal courts in our constitutional system by looking at their relationship with other branches and with the state courts. We will learn about the fundamental powers and structure of the federal courts, the extent of and limits to congressional control over those powers, and the procedures that help to define and protect those powers. Includes discussion of subject matter jurisdiction, state law in federal courts (and vice-versa), and the role of state sovereign immunity in federal litigation.
An examination into the role of federal courts in our constitutional system by looking at their relationship with other branches and with the state courts. We will learn about the fundamental powers and structure of the federal courts, the extent of and limits to congressional control over those powers, and the procedures that help to define and protect those powers. Includes discussion of subject matter jurisdiction, state law in federal courts (and vice-versa), and the role of state sovereign immunity in federal litigation.
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.
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.
This course is designed for students interested in environmental law and policy in the polar regions, and will address unique challenges those regions face regarding issues of wildlife conservation, maritime law, resource extraction, and global energy security. Along with a co-instructor (Dr. Lida Teneva) who has extensive experience in polar ecosystems, we will review the principles of polar environments and evaluate current threats to their ecosystems and to the species that live within them. The course will focus on polar governance regimes, examining the potential effectiveness of different regimes in protecting the environment. Each course meeting will include a half-hour presentation by students on an issue of ocean or polar law, a lecture by the instructors, and class discussion. Assessment is based on presentations and participation, as well as two memos on international legal decisions affecting issues of polar law.
Legal Writing experience embedded in LAW 211, Polar Law.
The United States owns and manages some 650 million acres within its borders, the vast majority of it in the West, and more than 50 percent of the land in Oregon. These lands are mostly undeveloped, and thus, abundant in a wide array of natural resources. In addition, the United States has varied legal and regulatory interests in specific subcategories of natural resources on non-Federal lands, including certain species of fish and wildlife, air, and water. This course will provide an overview of the historical background and survey of the most pressing current issues in law and policy related to the management of federal lands and natural resources, with particular emphasis on specially designated federal areas within Oregon, including the Columbia River Gorge National Scenic Area, Steens Mountain Cooperative Management and Protection Area, Hells Canyon National Recreation Area, and Oregon and California Railroad Revested Lands (O&C Lands). It will address these issues in the context of each of, and among, the three branches of the U.S. government, and will further explore the interrelationship among Federal, State, Tribal, and local governments in their resolution.
The United States owns and manages some 650 million acres within its borders, the vast majority of it in the West, and more than 50 percent of the land in Oregon. These lands are mostly undeveloped, and thus, abundant in a wide array of natural resources. In addition, the United States has varied legal and regulatory interests in specific subcategories of natural resources on non-Federal lands, including certain species of fish and wildlife, air, and water. This course will provide an overview of the historical background and survey of the most pressing current issues in law and policy related to the management of federal lands and natural resources, with particular emphasis on specially designated federal areas within Oregon, including the Columbia River Gorge National Scenic Area, Steens Mountain Cooperative Management and Protection Area, Hells Canyon National Recreation Area, and Oregon and California Railroad Revested Lands (O&C Lands). It will address these issues in the context of each of, and among, the three branches of the U.S. government, and will further explore the interrelationship among Federal, State, Tribal, and local governments in their resolution.
Judicial notice; real and demonstrative evidence; direct and circumstantial evidence; witnesses; authentication; hearsay; burden of proof; presumption; relevance; privileges.
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.
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.
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.
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.
Principal legal issues arising out of state and municipal taxation in the Pacific Northwest, contiguous states and Alaska: taxes on personal and business income, property, sales, resources and estates.
Principal legal issues arising out of state and municipal taxation in the Pacific Northwest, contiguous states and Alaska: taxes on personal and business income, property, sales, resources and estates.
This course offers a general introduction to insurance law. We will first explore the mechanics of risk transference through the insurance policy. We will also assess how the interests of public policy, consumer protection, and the freedom to contract have shaped insurance policy interpretation and enforceability. The bulk of the class will be spent on analyzing law and policy in the main types of insurance policies, including property, liability, life, and auto insurance. Claims management procedures are a key component to the course, and we will spend time developing an understanding of the duties imposed upon the insured and the insurer, and the penalties for the breach of those duties.
This intensive introduction to insurance law is intended to provide a general overview of topics that are addressed in greater depth in the standard three-credit course, which explores the mechanics of risk transference through the insurance policy. The course will address how the interests of public, policy, consumer protection, and the freedom to contract have shaped insurance policy interpretation and enforceability, and analyze law and policy in the main types of insurance policies, such as property, liability, life, and auto. Finally, the course will explore claims management procedures in order to introduce the duties imposed upon the insured and the insurer, and the penalties for the breach of those duties.
This class covers a wide range of legal issues relating to cannabis and psychedelics. Topics will include controlled substance regulation history, law, and practice, various state approaches to marijuana "legalization" and markets, and cannabis business issues relating to intellectual property, banking, and taxation.
Legalization of marijuana presents a huge opportunity for Oregon entrepreneurs. Oregon's marijuana sector has annual sales valued at $1 billion. Passage of Measure 91 has created business opportunities for new growers, processors, retail stores, and for the providers of related goods including lighting, HVAC systems, drying equipment, security systems, and warehouse space.Emerging marijuana businesses have legal needs typical of other start-ups. They also have some unique needs. Like other new businesses, they need access to capital, bank accounts, leases, purchase agreements, permits and licenses, and insurance. They also need assistance negotiating contracts, complying with land use requirements, and preparing employment agreements and policies.Marijuana entrepreneurs face some unique issues too, including these: . How to manage conflicts between federal, state, and local law as to the legality of marijuana businesses. . The possible need to expunge prior marijuana offenses, which may create barriers to operating for some owners or employees. . Finding counsel who can assist with legitimate business transactions in a manner consistent with professional conduct rules.
Introduce students to various aspects of accounting concepts and issues including the accounting equation, accounting cycle, the basic financial statements, basic financial statement analysis, basic accounting standards, common professional accounting practices, and other accounting issues. Identify typical accounting-law interactions attorneys face when advising business clients. Provides insights on how accountants and attorneys work together and how their relationships with business clients differ.
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.
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.
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.
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.
This course covers three general and distinctive themes of international and domestic sports law: 1) the fundamentals of sports institutions, dispute resolution including the Court of Arbitration for Sport, and organizational models; 2) protection of competition and athletes, including issues of doping, gambling, technology, eligibility for competition, anti-discrimination law and policy, and protection of young athletes; and 3) commercial issues, including anti-trust aspects, media rights, intellectual property rights, image rights, event scholarship and players' agents.
This course covers three general and distinctive themes of international and domestic sports law: 1) the fundamentals of sports institutions, dispute resolution including the Court of Arbitration for Sport, and organizational models; 2) protection of competition and athletes, including issues of doping, gambling, technology, eligibility for competition, anti-discrimination law and policy, and protection of young athletes; and 3) commercial issues, including anti-trust aspects, media rights, intellectual property rights, image rights, event scholarship and players' agents.
This course provides an in-depth examination of legal claims that arise in the workplace (except those related to employment discrimination). Topics include employment at will, judicial exceptions to the at will doctrine, hiring, privacy rights, and non-competition agreements. Federal overtime and minimum wage protections are explored as well. Finally the course considers mandatory arbitration as a means for resolving employment disputes.
This course provides an in-depth examination of legal claims that arise in the workplace (except those related to employment discrimination). Topics include employment at will, judicial exceptions to the at will doctrine, hiring, privacy rights, and non-competition agreements. Federal overtime and minimum wage protections are explored as well. Finally the course considers mandatory arbitration as a means for resolving employment disputes.
Our society places systematic and disproportionate environmental burdens on marginalized communities and vulnerable individuals (including children, poor people, immigrants, and Native American, Latinx and African American communities). These injustices have given rise to the environmental justice movement. Although environmental justice was once a niche topic in environmental law, it has become the driving force in environmental and natural resources policy. This course will examine several aspects of environmental justice from both historical and current events perspectives, including issues such as the failure to protect children and Native Americans in setting standards, siting polluting facilities in poor and African American communities, the climate justice issues of market-based air pollution regulation, and the failure to take appropriate enforcement action to protect these communities. There is no final, but students will develop and present a project on a particular environmental justice issue on their final day in class.
This course provides a brief overview of sports law issues along with an in-depth look at NCAA rules, governance, legislative process, major infractions, and waiver requests. It will also review the string of antitrust cases against the NCAA, especially on the issue of student-athlete use of name, image and likeness. This course will also train students on statutory interpretation by applying practical scenarios to NCAA rules and policy. Prof. Jake Garlock is the Senior Associate Athletic Director for Student-Services & Compliance at Utah State University. He has been the senior athletics compliance administrator for all sports at USU since 2006. In his role, he is on the Athletics Executive Staff team, oversees the Athletics Academic Services unit and the men's & women's Tennis programs, and serves on the Student-Athlete Wellness and Athletics Title IX Committees. He also serves as Vice Chair of the Mountain West Conference Legislative Working Group. Jake grew up in Salem and still considers Oregon home. He completed an undergraduate degree in Psychology with a minor in Business Management at Brigham Young University prior to attending Willamette College of Law (2005).
This seminar will explore the history, meaning, and interpretation of selected aspects of the Thirteenth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution, which are known as the Reconstruction Amendments. The seminar will explore the historical periods of Pre-Reconstruction (1789 - 1865) and Reconstruction and the Gilded Age (1865 - 1896), the rise and refining of Congressional Power to Enforce the Reconstruction Amendments, the Discriminatory Purpose Requirement, the Privileges or Immunities Clause, and the Abortion Cases. A short research paper will be required that will be due one week following the end of the course.
Oregon has over 900 wineries and even more vineyards. In addition to being evocative and artistic, wine adds to Oregon's economy, producing direct and indirect economic benefits in the billions. Wine is, however, more than a business and a charming avocation - alcohol is a highly-regulated commodity under international treaty, the United States Constitution, federal law, state statutes and assorted regulations. This class will present an overview of the laws that the alcohol industry faces on a daily basis. We will discuss the history of the role of alcohol in the early days of the United States until Prohibition; and then how the Repeal Amendment shifted the moral and economic perspective of winemakers. Although winemakers must face a variety of ancillary laws, such as land use, administrative law, and agricultural law, the fifth day of this intersession will focus on employment law.
This jurisprudence course explores Access to Justice, taken to mean the individual right to be able to access a system of justice on impartial terms. It also addresses the concept of justice itself, as promised and as delivered. A prominent thinker in this field frames Access to Justice as encompassing two broad aims. The justice aim is ideal and philosophic: this conversation seeks to define the nature of the good that all would enjoy in a legal system everyone could access in meaningfully and equitably. By contrast, the access theme is practical and resource-sensitive: this conversation seeks to identify and implement institutional arrangements that minimize exclusion and marginalization from the legal system. The course is equal parts jurisprudence/legal theory and empirical investigation of access to justice in the U.S.
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.
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.
Students will learn the procedure and substantive law of removal proceedings including: the basics of administrative law and the rules and procedures specific to the immigration system; legal defenses to removal and how such defenses are asserted in immigration court; and post-decision remedies. Students will discover how legal rules shape the evidentiary disputes in trial-level litigation. Students will learn how to draft a pre-hearing statement and motion to terminate proceedings, which are the immigration equivalents of a trial memorandum and motion for summary judgment. By the end of the class, students will have mastered the common legal issues that arise at each stage of a removal case. The class will prepare students to get the most out of the immigration clinic if they choose to later participate in the clinic. The skills learned will also be widely applicable to litigation in a variety of fields, and particularly in administrative areas of law.
Students will learn the procedure and substantive law of removal proceedings including: the basics of administrative law and the rules and procedures specific to the immigration system; legal defenses to removal and how such defenses are asserted in immigration court; and post-decision remedies. Students will discover how legal rules shape the evidentiary disputes in trial-level litigation. Students will learn how to draft a pre-hearing statement and motion to terminate proceedings, which are the immigration equivalents of a trial memorandum and motion for summary judgment. By the end of the class, students will have mastered the common legal issues that arise at each stage of a removal case. The class will prepare students to get the most out of the immigration clinic if they choose to later participate in the clinic. The skills learned will also be widely applicable to litigation in a variety of fields, and particularly in administrative areas of law.
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.
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.
This course deals with the federal tax consequences to corporations and their shareholders as a result of the most significant events for tax purposes - formation of the corporation, routine business operations, including the use of subsidiaries, issuing stock, payment of dividends on (and redemptions of) stock, mergers and other acquisitions, and termination. The course will contrast the tax consequences of choosing corporate form with those of operating a venture as an LLC or partnership.
This course deals with the federal tax consequences to corporations and their shareholders as a result of the most significant events for tax purposes - formation of the corporation, routine business operations, including the use of subsidiaries, issuing stock, payment of dividends on (and redemptions of) stock, mergers and other acquisitions, and termination. The course will contrast the tax consequences of choosing corporate form with those of operating a venture as an LLC or partnership.
Statutory, judicial, and administrative material concerning American Indian tribes and individuals. Included are the historical development of Federal Indian policy; treaties; the trust relationship; tribal sovereignty; civil and criminal jurisdiction; natural resources of tribes; hunting and fishing rights; tribal self-government.
Statutory, judicial, and administrative material concerning American Indian tribes and individuals. Included are the historical development of Federal Indian policy; treaties; the trust relationship; tribal sovereignty; civil and criminal jurisdiction; natural resources of tribes; hunting and fishing rights; tribal self-government.
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.
Advanced Legal Research is a two-credit course designed to allow students to expand their legal research knowledge and skills. Students will have opportunities to compare the strengths and weaknesses of legal research sources and methods. Through in-class workshops, students will explore research sources and develop effective search techniques. Written assignments will require students to research legal issues, compiling relevant sources and synthesizing them into client and office communications. The emphasis will be on real-world, practice-oriented skills, to help prepare students for their careers in law. The course will cover the following topics: Secondary sources; state and federal statutes, state and federal legislative history; federal and state case law research; case citators; query formulation techniques; Oregon BarBooks (CLEs); trial practice materials; free legal research; specialty online resources: RIA, BNA and CCH; federal and state administrative law; and foreign and international law. To the extent practicable, assignment topics will reflect students individual interests. In working with state materials, emphasis will be on Oregon and other states in the region.
This intersession course is intended to give you a headstart on advanced legal research skills you will need for summer jobs. Topics covered may include those covered in the standard two-credit Advanced Legal Research class, and will allow students to expand their legal research knowledge and skills. Students will have opportunities to compare the strengths and weaknesses of legal research sources and methods. Through in-class workshops, students will explore research sources and develop effective search techniques. Written assignments will require students to research legal issues, compiling relevant sources and synthesizing them into client and office communications. The emphasis will be on real-world, practice-oriented skills, to help prepare students for their careers in law. The course may cover any of the following topics: Secondary sources; state and federal statutes, state and federal legislative history; federal and state case law research; case citators; query & formulation techniques; Oregon BarBooks (CLEs); trial practice materials; free legal research; specialty online resources like RIA, BNA and CCH; federal and state administrative law; and foreign and international law.
Writing experience in the context of LAW 242, Advanced Legal Research
Advanced Legal Writing is an upper division seminar course designed to prepare students to produce the professional writing demanded of a lawyer in any occupational niche. The course will reinforce five core legal writing principles emphasized in the Legal Research and Writing courses: analysis, organization, objectivity, clarity, and legal judgment. The focus will be on two types of legal writing: (1) advisory or predictive legal writing (advice based on legal judgment as to how the jurisdiction's courts would likely rule), and (2) advocacy or persuasive legal writing, typically used in briefing and negotiation. The course will also cover the distinctive aspects of statutory and rule drafting. Grading is based on overall performance, including two major graded writing assignments, each consisting of a draft and a revision based on professor comments on the draft, with weight given to seminar participation and completion of a number of ungraded written exercises prepared during seminar sessions. This course will satisfy the Professional Skills Writing Requirement. Seminar capacity is capped at 15 students.
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).
The book assigned to the course, in the words of its Preface, covers constitutional rules, principal statutes, and landmark judicial decisions applicable to cataclysms and events in the field of U.S. foreign relations law. The seven Chapters cover the core areas of substantive law and procedure, addressing the manner in which international law (the law of nations and treaties) becomes a part of U.S. law, and the manner in which power is allocated within the federal government and between the federal government and the several states. The issues addressed are of enormous importance - perhaps the most monumental that any lawyer ever confronts. In times of national emergency, such as a large-scale terrorist attack, how should one think about the relative allocation of the powers of Congress and the president? What are the effects on U.S. law and policy when the United States adheres to a treaty that, for example, prohibits torture? Should rules developed through the practice of nations worldwide be used as a part of internal U.S. law, including for interpretation of the U.S. constitution? When can the president introduce U.S. armed forces into hostilities without congressional authorization? What role can the courts play in adjudicating such disputes?
The book assigned to the course, in the words of its Preface, covers constitutional rules, principal statutes, and landmark judicial decisions applicable to cataclysms and events in the field of U.S. foreign relations law. The seven Chapters cover the core areas of substantive law and procedure, addressing the manner in which international law (the law of nations and treaties) becomes a part of U.S. law, and the manner in which power is allocated within the federal government and between the federal government and the several states. The issues addressed are of enormous importance - perhaps the most monumental that any lawyer ever confronts. In times of national emergency, such as a large-scale terrorist attack, how should one think about the relative allocation of the powers of Congress and the president? What are the effects on U.S. law and policy when the United States adheres to a treaty that, for example, prohibits torture? Should rules developed through the practice of nations worldwide be used as a part of internal U.S. law, including for interpretation of the U.S. constitution? When can the president introduce U.S. armed forces into hostilities without congressional authorization? What role can the courts play in adjudicating such disputes?
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.
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.
The course conducts in-depth examinations of products liability, intentional infliction of emotional distress, defamation, privacy, and economic torts both individually and within the context of the broader tort legal system.
The course conducts in-depth examinations of products liability, intentional infliction of emotional distress, defamation, privacy, and economic torts both individually and within the context of the broader tort legal system.
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.
In a transformed global financial system, many are turning to public banks as an alternative way to provide essential financial services and administer payments infrastructure. This course centers public banks from the outset, and uses them as a lens in order to critically interrogate the relationship between banking, law, and public power more broadly. To that end, this course will consist of three components. First, students will read and discuss historical and theoretical texts and hear from experts to understand the basics of public banking, including their legal foundations and system dynamics. Second, students will read and discuss case studies of different historical and contemporary public banking models in order to better understand the prospects and limitations of public banks in the contemporary context. Third, students will complete an individual or group research or applied learning project on a related topic of your choosing, and present the results in a paper or equivalent final submission, due approximately three weeks after the last class. This course is open to upper-level students of all backgrounds. No prior economic or financial knowledge is assumed or required.
Legal principles governing state and federal agencies. Particular emphasis is placed on the federal Administrative Procedure Act and judicial control of the administrative agencies.
Legal principles governing state and federal agencies. Particular emphasis is placed on the federal Administrative Procedure Act and judicial control of the administrative agencies.
The course considers a range of relationships between scientific/technological developments and the law, and addressing policy and doctrinal ramifications at the domestic and international (cross-jurisdictional) levels. Specific topics will vary from year-to-year, using a mix of issues to identify core characteristics and assess the appropriateness of various approaches to the interactions. Possible topics include: Internet intellectual property (music/video distribution, cybersquatting/metatags, business method patents); medical science (pharmaceutical patenting; regulation of stem cell research, abortion and right to die); privacy (consumer profiling, technological fencing and the right to read, 4th Amendment); jurisdiction/choice of law (conflicts on the global web, harmonization); scientific evidence; evolution as 1st amendment religion (creationism); regulating through scientific method (cost-benefit analysis) and technology forcing; e-commerce issues and antitrust regulation of innovation markets, R & D pooling and standard setting. Students can elect to either write a substantial paper or take a final exam. Papers of sufficient quality can be used to satisfy the 3rd year writing requirement. No scientific or technical background is necessary.
The course considers a range of relationships between scientific/technological developments and the law, and addressing policy and doctrinal ramifications at the domestic and international (cross-jurisdictional) levels. Specific topics will vary from year-to-year, using a mix of issues to identify core characteristics and assess the appropriateness of various approaches to the interactions. Possible topics include: Internet intellectual property (music/video distribution, cybersquatting/metatags, business method patents); medical science (pharmaceutical patenting; regulation of stem cell research, abortion and right to die); privacy (consumer profiling, technological fencing and the right to read, 4th Amendment); jurisdiction/choice of law (conflicts on the global web, harmonization); scientific evidence; evolution as 1st amendment religion (creationism); regulating through scientific method (cost-benefit analysis) and technology forcing; e-commerce issues and antitrust regulation of innovation markets, R & D pooling and standard setting. Students can elect to either write a substantial paper or take a final exam. Papers of sufficient quality can be used to satisfy the 3rd year writing requirement. No scientific or technical background is necessary.
The course provides in-depth treatment of trademark and unfair competition law. Coverage includes adoption, registration and enforcement of marks, considering the common law and statutory basis for obtaining trademark rights (with emphasis on the federal Lanham Act, including the Trademark Law Revision Act of 1998 and the Federal Trademark Dilution Act of 1995); categories of marks (the scale of distinctiveness - descriptive, arbitrary, fanciful, geographical, etc.); important aspects of Patent and Trademark Office practice (advantages of federal registration, and how to proceed in opposition, cancellation and concurrent use proceedings); avoiding loss of rights (including abandonment and naked licensing); and infringement (the various tests for likelihood of confusion an applicable defenses and remedies). Also studied are jurisdictional problems and their resolution, key treaties for international protection (particularly the European Community Trademark System and the Madrid Protocol), recent Supreme Court cases, Internet domain name issues and unfair competition and related Federal Trade Commission actions.
The course provides in-depth treatment of trademark and unfair competition law. Coverage includes adoption, registration and enforcement of marks, considering the common law and statutory basis for obtaining trademark rights (with emphasis on the federal Lanham Act, including the Trademark Law Revision Act of 1998 and the Federal Trademark Dilution Act of 1995); categories of marks (the scale of distinctiveness - descriptive, arbitrary, fanciful, geographical, etc.); important aspects of Patent and Trademark Office practice (advantages of federal registration, and how to proceed in opposition, cancellation and concurrent use proceedings); avoiding loss of rights (including abandonment and naked licensing); and infringement (the various tests for likelihood of confusion an applicable defenses and remedies). Also studied are jurisdictional problems and their resolution, key treaties for international protection (particularly the European Community Trademark System and the Madrid Protocol), recent Supreme Court cases, Internet domain name issues and unfair competition and related Federal Trade Commission actions.
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).
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).
An exploration and discussion of the treatment of animals under state, federal, and constitutional law. The course will address the historical status of animals in the law; legislative efforts and citizen initiatives to strengthen animal protection laws; the application of federal laws concerning captive, wild and farm animals; and comparative animal protection laws; the limitations on state laws addressing anti-cruelty, hunting, trapping, and animal fighting; the emerging areas of veterinary malpractice and other animal-related torts; the use of consumer protection statutes to address animal welfare concerns; the effect of free speech, religious expression, and other Constitutional principles on animal protection statutes; legal constraints on animal advocacy such as libel and defamation; and the movement to obtain legal recognition of the rights of animals.
An exploration and discussion of the treatment of animals under state, federal, and constitutional law. The course will address the historical status of animals in the law; legislative efforts and citizen initiatives to strengthen animal protection laws; the application of federal laws concerning captive, wild and farm animals; and comparative animal protection laws; the limitations on state laws addressing anti-cruelty, hunting, trapping, and animal fighting; the emerging areas of veterinary malpractice and other animal-related torts; the use of consumer protection statutes to address animal welfare concerns; the effect of free speech, religious expression, and other Constitutional principles on animal protection statutes; legal constraints on animal advocacy such as libel and defamation; and the movement to obtain legal recognition of the rights of animals.
This seminar will survey the laws applicable to the advertising and marketing. Expected topics include the advertising/editorial content distinction, false advertising law, deception, business torts, brand protection, and privacy. Students will write a research paper and make an in-class presentation to satisfy the requirements of the course.
This seminar will survey the laws applicable to the advertising and marketing. Expected topics include the advertising/editorial content distinction, false advertising law, deception, business torts, brand protection, and privacy. Students will write a research paper and make an in-class presentation to satisfy the requirements of the course.
This course will examine the subject of international criminal law, which sits at the intersection of international human rights law, international humanitarian law (the law of war) and public international law. We will study the development of international norms of genocide, crimes against humanity, and war crimes; the jurisdiction and procedure of international tribunals, including the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the hybrid tribunals, such as those in Sierra Leone, Cambodia, Bosnia, East Timor and Kosovo; and domestic applications of international criminal law and related jurisdictional issues. We will evaluate the benefits and drawbacks of different responses to violations of the laws of war and mass atrocity. We also will explore the distinction between rules governing when to go to war and those governing how it should be fought; the protections afforded by the 1949 Geneva Conventions and the 1977 Protocols to combatants and noncombatants, including civilians and POWs.Finally, we will discuss the implications of international criminal and humanitarian law for current events, including the crisis in Syria and the war on terror. The class will culminate in a research paper of at least 20 pages inlength.
This course will examine the subject of international criminal law, which sits at the intersection of international human rights law, international humanitarian law (the law of war) and public international law. We will study the development of international norms of genocide, crimes against humanity, and war crimes; the jurisdiction and procedure of international tribunals, including the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the hybrid tribunals, such as those in Sierra Leone, Cambodia, Bosnia, East Timor and Kosovo; and domestic applications of international criminal law and related jurisdictional issues. We will evaluate the benefits and drawbacks of different responses to violations of the laws of war and mass atrocity. We also will explore the distinction between rules governing when to go to war and those governing how it should be fought; the protections afforded by the 1949 Geneva Conventions and the 1977 Protocols to combatants and noncombatants, including civilians and POWs.Finally, we will discuss the implications of international criminal and humanitarian law for current events, including the crisis in Syria and the war on terror. The class will culminate in a research paper of at least 20 pages inlength.
This course is devoted to surveying the constitutional and statutory provisions regulating the conduct of democratic elections in the United States. Issues to be discussed include the right to vote, ballot access restrictions, the regulation of political parties, reapportionment and redistricting; partisan gerrymandering, campaign financing, the Voting Rights Act, and special issues arising in the context of direct democracy (i.e., ballot initiatives and referenda).
This course is devoted to surveying the constitutional and statutory provisions regulating the conduct of democratic elections in the United States. Issues to be discussed include the right to vote, ballot access restrictions, the regulation of political parties, reapportionment and redistricting; partisan gerrymandering, campaign financing, the Voting Rights Act, and special issues arising in the context of direct democracy (i.e., ballot initiatives and referenda).
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.
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.
This is an advanced course that facilitates an understanding of how law and public policy affect the economic livelihood and rights of the Latino community, particularly with respect to immigration, language, and racial and ethnic discrimination in a variety of contexts, including employment, housing, hate crimes, education, public benefits, and the criminal justice system. This course also examines concepts of equality and discrimination as interpreted in other countries from the perspective of comparative law. Finally, the course will give the students some exposure to Spanish translation of fundamental legal terminology.
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.
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.
The course will provide students with an introduction and overview of serving as legal counsel for entrepreneurs, start-ups and investors in today's fast paced economy. We will explore a number of basic issues including entity structuring, building the management team, raising outside capital, valuation, execution of the business plan and preparing/completing an exit. Students will have the opportunity to learn from seasoned attorneys, entrepreneurs and investors.
Client Interviewing and Counseling teaches the theory and techniques of effective communication skills that are at the core of practicing law, focusing on client interviewing and counseling. Students will also practice witness interviewing, critical fact analysis, persuasive theory development, conflict resolution, and common interest negotiation skills by completing a number of suimulations and reflections. By the end of the course, students will have learned the basic skills necessary to effectively and ethically communicate with prospective clients, clients, witnesses, and opposing counsel. This includes advising clients about their legal rights and strategic options and negotiating resolutions to disputes. While this course provides a more heavily litigation-based context to creating a client-centered practice, the skills learned will apply to a transactional practice.
This course is intended to provide students with a more detailed look at common types of employee benefit plans and the rules that govern them. This first part of the course focuses on qualified pension plans, both defined benefit plans and defined contribution plans such as 401(k) plans, which have gained popularity in recent years. The second part of the course turns to deferred compensation plans that do not meet the requirements of ERISA (nonqualified plans), to equity compensation, and to other types of health and welfare benefit plans commonly sponsored by employers.
This course is intended to provide students with a more detailed look at common types of employee benefit plans and the rules that govern them. This first part of the course focuses on qualified pension plans, both defined benefit plans and defined contribution plans such as 401(k) plans, which have gained popularity in recent years. The second part of the course turns to deferred compensation plans that do not meet the requirements of ERISA (nonqualified plans), to equity compensation, and to other types of health and welfare benefit plans commonly sponsored by employers.
Does the government need a warrant to read your emails? What are the limits of employers surveilling you at work? Do you have a privacy interest in your face as facial recognition technology advances by the day? Do you have legal recourse against an angry ex posting intimate photos of you on the internet? This seminar explores the legal doctrines of privacy and confidentiality used to protect personal individual privacy as new technologies and new practices emerge. The course will examine the philosophical roots of the concepts of privacy law, and trace developments in U.S. law as to how expectations of privacy and confidentiality are translated into legal frameworks. This course spends a considerable amount of time studying the scope and implications of statutes that attempt to create privacy protections with respect to electronic personal information. Your grade will be determined by class participation and presentation of a final project.
As individuals, companies, and state actors exchange vast amounts of information via social media platforms such as Facebook, Instagram, Snapchat, Pinterest, and Twitter, the law has struggled to mediate competing social, economic, and regulatory interests. This course will examine a series of legal issues raised by (1) the flow of personal information through social media, (2) the emergence of business models premised on such information flows, and (3) expanded opportunities for law enforcement and government surveillance. It will also examine strategic and ethical issues surrounding lawyers' use of evidence derived from social media. Topics covered may include consumer privacy, online harassment, advertising and securities law regulations, copyright and user-generated content, electronic discovery, and the free speech interests of businesses, employees, and students. Each class session will focus on a particular facet of an emerging body of social media law, and students will read and discuss related case law, scholarship, and policy proposals. Grading will be based upon class participation, two short response essays, and a final paper.
As individuals, companies, and state actors exchange vast amounts of information via social media platforms such as Facebook, Instagram, Snapchat, Pinterest, and Twitter, the law has struggled to mediate competing social, economic, and regulatory interests. This course will examine a series of legal issues raised by (1) the flow of personal information through social media, (2) the emergence of business models premised on such information flows, and (3) expanded opportunities for law enforcement and government surveillance. It will also examine strategic and ethical issues surrounding lawyers' use of evidence derived from social media. Topics covered may include consumer privacy, online harassment, advertising and securities law regulations, copyright and user-generated content, electronic discovery, and the free speech interests of businesses, employees, and students. Each class session will focus on a particular facet of an emerging body of social media law, and students will read and discuss related case law, scholarship, and policy proposals. Grading will be based upon class participation, two short response essays, and a final paper.
After establishing background principles of biodiversity law and policy, this course focuses on the Endangered Species Act, the nation's most groundbreaking and controversial wildlife protection law. Beginning with an overview of the political and biological landscape that gave rise to the ESA, students will read and discuss the key provisions of the ESA and the most important cases that have interpreted and applied those provisions. Students will learn what events will trigger the listing of a species under the ESA; what constitutes critical habitat and how it is designated; how the ESA is enforced; and what steps an agency must take to ensure recovery of a designated species and its habitat.
The goal of this course will be to explore the theory and practice of transactional advocacy in the context of business negotiation. You will simulate a complex multi-part transaction, beginning with reviewing the legal and non-legal background, anticipating issues, and considering possible solutions. You will then meet with your client, meet with attorneys representing the other party, and attempt to reach an agreement that will meet with your client's approval. You will then memorialize your agreement (and perhaps engage in further negotiation that the drafting process frequently entails).
Most class sessions will be devoted to discussing exercises from the workbookLegal Analysis,many of which consist of two parts: a fact pattern presented in the text, and a list of citations to legal sources (court opinions, statutory sections, regulations) that serve as the closed universe for analysis of the fact pattern. Students must read each fact pattern several times and consult the legal sources listed at the end of each exercise; students also are encouraged to brief the cases they collect to enhance classroom participation and facilitate writing responses to assigned exercises.During several weeks, students will take part in a small group study session with the instructor in lieu of one of the weekly class meetings. The instructor will offer feedback on students' comprehension of the material, contributions to the group, and progress towards building an effective outline of course materials to use when studying for the final exam.
In this course you will learn writing skills essential to the practice of transactional, in-house, and litigation attorneys. In addition to letters, memoranda and pleadings, we will focus on clarity and organization in writing, along with grammar, punctuation, form and tone appropriate for the intended audience.
In this limited enrollment special topics seminar, we will facilitate conversations designed to prepare students to become leaders of organizations and to embark on paths of personal leadership development. This course requires personal curiosity and reflection from students as well as personal openness and sharing in class discussions. We will focus on the basic principles of personal and interpersonal leadership that can be used in any arena of law practice. We will explore variables that affect productivity, effectiveness, and efficiency, and a variety of interpersonal skill sets. Emphasis will be placed on vision, goals & objectives, motivation, decision-making, time management, power, team building, conflict, ethics, dealing with change, communication skills, and diversity issues. In addition, we will explore a variety of other topics including developing your personal leadership style. By the end of the course, you will have increased your personal and interpersonal awareness, sharpened your analytical skills, and gained a greater understanding of the complex issues facing today's leaders.
In this limited enrollment special topics seminar, we will facilitate conversations designed to prepare students to become leaders of organizations and to embark on paths of personal leadership development. This course requires personal curiosity and reflection from students as well as personal openness and sharing in class discussions. We will focus on the basic principles of personal and interpersonal leadership that can be used in any arena of law practice. We will explore variables that affect productivity, effectiveness, and efficiency, and a variety of interpersonal skill sets. Emphasis will be placed on vision, goals & objectives, motivation, decision-making, time management, power, team building, conflict, ethics, dealing with change, communication skills, and diversity issues. In addition, we will explore a variety of other topics including developing your personal leadership style. By the end of the course, you will have increased your personal and interpersonal awareness, sharpened your analytical skills, and gained a greater understanding of the complex issues facing today's leaders.
A.I. and the Law
Fraud and Abuse in the American Health Care System
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.
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.
Considers the sources of local government power, the legal relations between local governments and other governmental entities, and local governments' relations with individuals.
Considers the sources of local government power, the legal relations between local governments and other governmental entities, and local governments' relations with individuals.
Healthcare, Human Rights, and the Law will challenge students to consider domestic health law issues through a civil and human rights lens. Students will develop an understanding of social determinants of health including the impact of discrimination on healthcare delivery and access, economic insecurity, and minority stress. The course will examine emerging legal and policy responses to these challenges including the upcoming Oregon ballot initiative that would incorporate healthcare as a human right within the Oregon state constitution. Students will be introduced to the role of federal and state interventions designed to address health disparities and improve health outcomes for vulnerable populations. In addition to traditional materials, to better prepare students for practice the course will require students to navigate a range of documents and sources including regulations and agency rules, legislative hearings, and governmental reports.
Healthcare, Human Rights, and the Law will challenge students to consider domestic health law issues through a civil and human rights lens. Students will develop an understanding of social determinants of health including the impact of discrimination on healthcare delivery and access, economic insecurity, and minority stress. The course will examine emerging legal and policy responses to these challenges including the upcoming Oregon ballot initiative that would incorporate healthcare as a human right within the Oregon state constitution. Students will be introduced to the role of federal and state interventions designed to address health disparities and improve health outcomes for vulnerable populations. In addition to traditional materials, to better prepare students for practice the course will require students to navigate a range of documents and sources including regulations and agency rules, legislative hearings, and governmental reports.
Students will learn about the origins of direct democracy in the Progressive- Populist movements of the late-nineteenth and early twentieth centuries; the theoretical and practical arguments about the merits or deficiencies of direct democracy in relation to representative democracy; theoretical arguments and judicial decisions about the constitutionality of direct democracy, in particular as against the federal constitutional guarantee that all states must have a republican form of government; the processes by which lawmaking by direct democracy happens, with a focus on Oregon law as the exemplar, along with the constitutionality of legislative attempts to limit direct democracy processes; and theoretical arguments and judicial decisions about whether legislation adopted by direct democracy should be subject to special interpretive rules.
This course introduces students to the web of interconnected financial institutions that underpin the global economy, and the laws and regulations that underpin them. Institutions covered include, but are not limited to: governments, central banks, commercial and investment banks, broker-dealers, exchanges, hedge funds, mutual funds, credit card and payment companies, crypto and blockchain projects, accountants, international non-government organizations (the IMF, World Bank, BIS, ITU, ISDA), and regulatory entities (the Fed, OCC, FDIC, CFTC, FSOC, FinCEN, OFAC, and state regulators). Although the main emphasis of the course is on financial institutions, we will also spend time looking at financial instruments, including currency, bank deposits, debt, bonds, stock, securities, derivatives, futures, swaps, repurchase agreements, collateral, cryptocurrency, stablecoins, and central bank digital currencies.
Students enrolled in the Financial Institutions Seminar may choose to co-register for this one-credit practicum focused on real-world experience with the issues addressed in the seminar. It consists of four hours per week (minimum) of project-oriented experiential learning, to be completed with a state legislative office or non-profit policy advocacy organization that works on financial policy or regulatory issues, including but not limited to the establishment of a state public bank in Oregon. Students will work with the Professor to identify possible placements.
This course introduces students to the web of interconnected financial institutions that underpin the global economy, and the laws and regulations that underpin them. Institutions covered include, but are not limited to: governments, central banks, commercial and investment banks, broker-dealers, exchanges, hedge funds, mutual funds, credit card and payment companies, crypto and blockchain projects, accountants, international non-government organizations (the IMF, World Bank, BIS, ITU, ISDA), and regulatory entities (the Fed, OCC, FDIC, CFTC, FSOC, FinCEN, OFAC, and state regulators). Although the main emphasis of the course is on financial institutions, we will also spend time looking at financial instruments, including currency, bank deposits, debt, bonds, stock, securities, derivatives, futures, swaps, repurchase agreements, collateral, cryptocurrency, stablecoins, and central bank digital currencies.
Often, environmental harms fall heavily on racial minorities, low-income, and indigenous communities. Globally, developing economies bear a large brunt of environmental harm and climate change occasioned by various factors. The course investigates the basis of unequal distribution of environmental goods and harm domestically and globally and why it matters. Using case studies and relevant law, this course takes a comparative look at the disparate impacts of fossil fuel exploration, harmful environmental actions, government regulation, and corporate activity on different population segments globally. This course also analyzes the various bases for these disparate impacts and looks for just and fair solutions grounded in law, policy, or practice. Students are expected to discuss current environmental justice initiatives and their efficacy in fixing domestic and global environmental justice issues. Students will make in-class presentations and write a final paper on any current environmental justice issue.
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.
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.
This experiential course introduces students to child welfare law through a hands-on case study approach. Students will learn substantive child welfare law and develop the advocacy skills necessary to practice in this area. The course content includes the historical background of child welfare, state and federal response to child maltreatment, and other relevant multi-disciplinary topics.
Students enrolled in the Child Abuse & Neglect Class may choose to co-register for this one-credit practicum focused on training for service on the Oregon Citizen Review Board (CRB). In Oregon, the CRB and the courts share responsibility for conducting periodic reviews of foster care cases. Community Volunteers serve on the Board to monitor parents' progress and compliance with social services, and to ensure that families are receiving the necessary services to make it possible for the children to safely return home. In this course, students will complete the CRB training modules and be taught by a CRB attorney/trainer. Students who successfully complete the Practicum Component will be eligible to serve on the Board. Students should be aware that the practicum will require occasional Saturday meetings. Contact the instructor for more information.
Drafting Public Law will present an overview of best practices for drafting statutes, ordinances and administrative rules using as examples the drafting standards that apply to bills brought before the Oregon Legislative Assembly for consideration. This type of legal drafting is distinct from other types of legal drafting commonly used in other areas of the law and can also be a good complementary approach to interpreting and applying the language found in public law. Students will focus on practical applications and on developing skills that include how to understand drafting requests, how to research and understand relevant code provisions, how and when to amend existing law or draft new provisions, how to organize and structure bills and proposals, how to critically evaluate students' own work and the work of peers, and how to deal with requests for amendments and other changes.
This course will teach you how to detect and handle legal disputes that implicate the laws of more than one state or country, thus potentially presenting conflicts of laws. The course allocates more time on intra-U.S. or interstate conflicts, which are the most frequent, but also covers international conflicts between U.S. state or federal laws and foreign laws. It covers the criteria for choosing the state or country whose law will govern the merits of the dispute (choice of law) and the requirements for recognizing and enforcing a judgment in another state or country.
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.
This 3-hour lecture course introduces the major regimes of intellectual property protection?copyright, trademark, patent, and trade secret law?and examines how they shape creativity, innovation, and competition. Through cases and contemporary examples, students will explore how these doctrines operate in practice and how courts and policymakers adapt them to new technologies and industries. This course will also include select assignments which provide practical experience in several areas of Intellectual Property.
This is the Graduation Writing experience embedded in LAW 315, Intellectual Property.
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
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
The objective of the course is to examine the law of Mexico in an international context, how the international treaties, specially those on human rights, have impacted Mexican national law; analyzing the monist theory of law and the constitutional supremacy, the sources of Mexican law, the application of law by the Supreme Court, the relevant cases in the Interamerican Court of Human Rights where Mexico was a party and making a comparison with the dualist theory. During the course we can analyze how conflicts of laws can be resolved by international lawyers using the Mexican system of conflict of laws in order to get a common solution specially in areas of law such as civil and commercial.
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.
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.
Our lives are shaped by money and technology, which in turn are constituted and mediated by law. In particular, innovations in monetary and financial technology, or 'fintech,' tend to drive technological change more broadly. This has been true since the invention of the written word as an accounting device over 5000 years ago, at least. Today, Wall St and Silicon Valley dominate our social and political imagination. No one, from private individuals to businesses to political leaders, can escape the disruptive effects of information capitalism and the internet. Against this backdrop, legal debates over the design and regulation of digital currencies serve as a microcosm for larger political debates regarding the appropriate balance of public and private power, freedom and control, and privacy and surveillance in the twenty-first century. In a very real sense, the future of digital money is the future of the global economy. Lawyers have a critical role to play in shaping this future - as architects, counselors, problem-solvers, entrepreneurs, activists, and social visionaries. More immediately, how you as law students perceive and relate to money and digital technology can and will have a profound impact on the kind of lawyer you will ultimately become. To that end, this course will consist of three components. First, you will read and discuss texts and hear from experts to better understand the relationship between law, money, and technology, using various forms of digital money as case studies. Second, you will complete a set of practical exercises to learn how to better incorporate digital technology into your legal practice. These include, but are not limited to, setting up a personal website, email, and self-hosted cloud, and experimenting with free and opensource office and communications platforms. Third, you will complete an individual research or applied learning project on a related topic of your choosing, and present your results to the class.
Our lives are shaped by money and technology, which in turn are constituted and mediated by law. In particular, innovations in monetary and financial technology, or 'fintech,' tend to drive technological change more broadly. This has been true since the invention of the written word as an accounting device over 5000 years ago, at least. Today, Wall St and Silicon Valley dominate our social and political imagination. No one, from private individuals to businesses to political leaders, can escape the disruptive effects of information capitalism and the internet. Against this backdrop, legal debates over the design and regulation of digital currencies serve as a microcosm for larger political debates regarding the appropriate balance of public and private power, freedom and control, and privacy and surveillance in the twenty-first century. In a very real sense, the future of digital money is the future of the global economy. Lawyers have a critical role to play in shaping this future - as architects, counselors, problem-solvers, entrepreneurs, activists, and social visionaries. More immediately, how you as law students perceive and relate to money and digital technology can and will have a profound impact on the kind of lawyer you will ultimately become. To that end, this course will consist of three components. First, you will read and discuss texts and hear from experts to better understand the relationship between law, money, and technology, using various forms of digital money as case studies. Second, you will complete a set of practical exercises to learn how to better incorporate digital technology into your legal practice. These include, but are not limited to, setting up a personal website, email, and self-hosted cloud, and experimenting with free and opensource office and communications platforms. Third, you will complete an individual research or applied learning project on a related topic of your choosing, and present your results to the class.
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.
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.
This course will provide practical training and tips for conducting a Civil Trial. The approach will include interactive discussions of topics such as trial strategy and trial themes, how to prepare for an upcoming trial, how to introduce evidence/exhibits and how to make and respond to common trial motions and trial objections. Students will have the opportunity to prepare for and conduct Opening Statements, Closing Argument, and Direct and Cross-Exam of expert and lay witness.Grades will be based on class attendance, class participation and the quality of written and oral presentations. There will be no final exam for this course.
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.
This simulation course will provide students with an in-depth understanding of tenant rights in Oregon, and will allow students the opportunity to develop practical skills associated with representing tenants facing eviction, housing discrimination, and other housing-related legal issues common to low-income clients. In addition to the focus on skill building and experiential learning, the class examines social justice issues connected to these legal problems, and will educate students on how to affordably, sensitively, and effectively represent clients in these situations. The course meets remotely for 12 weeks, plus one additional Friday on a date to be determined, and will include students from each of Oregon's law schools.
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.
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.
Class to go with LAW-236, Jurisprudence
This course will explore the history of voting rights in the U.S. and laws and policies implementing modern democracy. The course will focus on trends in state legislation relating to voting rights after portions of the Voting Rights Act were overturned. In addition, the course will identify changes to election administration after the 2020 election. Students will also read new federal and state legislation relating to election administration and analyze its impact on the right to vote. Students will also learn about legislative efforts to affect voting rights, and will learn about current cases in the U.S. Supreme Court that bear on voting rights issues.
Marine Conservation Law
This limited enrollment special topics seminar will analyze the role of police discretion in the criminal justice system. In no other profession does discretion increase as you go lower down on the hierarchical chain of command. For example, beat cops make an inordinate number of split-second decisions without judicial oversight. Is the Supreme Court correct that discretion is a necessity in light of the day-to-day realities of criminal investigations? Is it therefore correct to relax the warrant rules because beat cops in particular must necessarily take swift action predicated upon their on-the-spot observations? Or, is it true that police discretion - left unchecked by the judiciary - allows for racial prejudice on the street and perjury on the witness stand? This course explores these and numerous other related questions in the context of, among other topics, traffic stops, use of force, interrogations, and suppression hearings. Criminal Procedure 1 would offer helpful background but is not a prerequisite course.
This limited enrollment special topics seminar will analyze the role of police discretion in the criminal justice system. In no other profession does discretion increase as you go lower down on the hierarchical chain of command. For example, beat cops make an inordinate number of split-second decisions without judicial oversight. Is the Supreme Court correct that discretion is a necessity in light of the day-to-day realities of criminal investigations? Is it therefore correct to relax the warrant rules because beat cops in particular must necessarily take swift action predicated upon their on-the-spot observations? Or, is it true that police discretion - left unchecked by the judiciary - allows for racial prejudice on the street and perjury on the witness stand? This course explores these and numerous other related questions in the context of, among other topics, traffic stops, use of force, interrogations, and suppression hearings. Criminal Procedure 1 would offer helpful background but is not a prerequisite course.
This course is designed to prepare law and business students for an understanding of the art and science associated with the position of in-house counsel. It will balance an understanding of key legal principles (contracts, negotiations, governance, compliance and ethics) with an inside and experimentally based look at the function of the in-house legal counsel. It seeks to introduce the student - as a future in-house employee or private practitioner providing service to such in-house customers - with an understanding of how the role functions internally; as a leader, service provider, counsel to the company and the C-suite, an overall look behind the curtain at the atmosphere surrounding the in-house function.
This seminar will consider the status of race in the Constitution and how it has affected constitutional development. It will consider the rise of slavery as a legal institution. 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. Students will write a short review of an article or book, a short critique of a classmate's paper, and write and present a final paper on a related topic of their choosing.
American military involvement overseas has left a large number of U.S. military personnel and their families struggling with the aftermath of military service. The struggles of post-war veterans historically have included problems with employment, housing, health care, and mental health. Since the mid-20th century, the US government has attempted to address many of these issues, and, while great strides have been made in assisting those who served in wartime, more can be done. This course explores the network of state and federal laws protecting the rights of the nation?Ts servicemembers and veterans, and will provide an essential background for advocates for creditors, landlords, and employers, as well as veteran advocates. In the course, students will learn the history of the modern veterans' civil rights movement, and the policy considerations underlying veteran benefits and protections. Students will also examine military culture and societal expectations that affect a veteran / servicemember?Ts experiences in civilian culture. Through guest lecturers, students will have the opportunity to engage with legal practitioners and veteran / servicemember advocates. By the end of class, students will be able to outline a legal solution to a focused problem presented in class, lead a discussion of the legal issues presented, and write a client letter to a hypothetical servicemember / veteran client of their choice. Instructor: Jesse Wm. Barton, JD WUCL '86 (https://www.jessbartonlaw.com/)
This course is designed with an emphasis on the role of the school law attorney and covers federal and state constitutional law, statutory law, and state and local rules and regulations as applied in the school and education setting. Though there is some discussion of higher education, private schools, and home schooling, the course focuses primarily on government regulation of public elementary and secondary education and the various individual and institutional rights and responsibilities. This includes students' rights regarding privacy, search and seizure, free speech, and access to education; teachers' rights and responsibilities, particularly with respect to employment and discipline, the duty to supervise, and academic freedom; the responsibilities and powers of the state and local school districts, including torts, zoning, and eminent domain; the intersection of state, federal, and local rights and control of education; race, gender, and disability discrimination; law and religion in the school setting; and the unique position of the school, a governmental entity often operating from a quasi-in loco parentis position to hundreds of students.
This course is designed with an emphasis on the role of the school law attorney and covers federal and state constitutional law, statutory law, and state and local rules and regulations as applied in the school and education setting. Though there is some discussion of higher education, private schools, and home schooling, the course focuses primarily on government regulation of public elementary and secondary education and the various individual and institutional rights and responsibilities. This includes students' rights regarding privacy, search and seizure, free speech, and access to education; teachers' rights and responsibilities, particularly with respect to employment and discipline, the duty to supervise, and academic freedom; the responsibilities and powers of the state and local school districts, including torts, zoning, and eminent domain; the intersection of state, federal, and local rights and control of education; race, gender, and disability discrimination; law and religion in the school setting; and the unique position of the school, a governmental entity often operating from a quasi-in loco parentis position to hundreds of students.
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.
This course examines some of the distinctive legal issues experienced by residents andcommunities in rural areas of the U.S. while exploring the complex ways in which ruralityaffects the implementation of laws and policies. Students will investigate how legalframeworks, often developed with urban contexts in mind, may have unexpected outcomesin rural settings.The course will survey a broad range of legal areas and policies, exploring the historical,legal, political, and economic forces that have shaped contemporary rural America.Throughout the semester, we will discuss and investigate fundamental questions aroundwhat role law plays in perpetuating or remedying rural disadvantage, how race, gender,national origin, and other intersectional identities influence the experience of rural life, andwhat reforms might better serve rural communities. By engaging with the complex field oflaw and rurality, students will develop critical perspectives on how place matters to law andgain practical insights relevant to rural legal practice and advocacy.
This intensive, interdisciplinary course introduces students to the distinctive legal landscape of Alaska ? a jurisdiction defined by vast natural resources, deep indigenous legal traditions, and unique geographic and cultural challenges. Students will explore Alaska?s legal history, institutions, and practice through five interconnected themes: the Alaska Context, Tribal Law, Criminal Law & Access to Justice, Energy and Natural Resources Law, and Wildlife Law.
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.
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.
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.
Practicum for LAW 399, Employee Discrimination
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.
ANGLO-AMERICAN LEGAL HISTORY
Concurrent course with LAW 340, Anglo-American Legal History
Federal tax law applicable to pass-through entities-including partnerships, limited liability companies, mutual funds and real estate investment trusts (REITS)-and their investors. Final exam or research paper.
Federal tax law applicable to pass-through entities-including partnerships, limited liability companies, mutual funds and real estate investment trusts (REITS)-and their investors. Final exam or research paper.
This course focuses on ten topics relating to Law of the Sea, 1) Legal history (the Grotius-Selden debate and forward); 2) Today's general law and institutions (UNCLOS, ITLOS and other authority); 3) The jurisdictional framework and delineations of ocean boundaries (the territorial sea and straits, the contiguous zone, the exclusive economic zone, the status and jurisdiction-setting role of islands and archipelagos; the high seas, the continental shelf, and the deep seabed with its mineral resources); 4) the Arctic, Antarctic and other regional regimes; 5) Pollution and ocean trash; 6) Fisheries regulation and management; 7) The protection of marine mammals and other wildlife; 8) Biodiversity and the new BBNJ treaty; 9) Shipwrecks, cargo and other underwater cultural heritage; and 10) ocean energy.
Graduate Writing experience within Law of the Sea.
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).
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).
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.
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.
Students will learn the administrative structure and substantive legal doctrine of immigration law, including the bases for permanent residence and nonimmigrant status; inadmissibility and removability; forms of relief from removal; and the constitutional constraints on executive branch agencies responsible for immigration matters, including those within Department of Homeland Security (U.S. Citizenship and Immigration Services, Immigration and Customs Enforcement, and Customs and Border Protection) and the Department of Justice (Executive Office for Immigration Review).
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.
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.
Students in this course will discuss and critically analyze how the law regulates bodies, relationships, and conduct based on sex, gender, and sexuality, as well as how sociolegal systems disproportionately impact individuals and groups on the basis of gender. Key topics include an overview of various feminist legal theories; gender and the workplace; reproductive rights (including access to contraception and abortion, as well as pregnancy and childbirth); marriage and non-marriage; parenting and the state; intimate partner violence; and gender and the criminal legal system. Students will explore how race, class, national origin, immigration status, disability, and other aspects of identity intersect with sex, gender and sexuality. Readings will include landmark Supreme Court cases regarding gender, excerpts from scholarly books and articles, news media, and narratives from people with lived experience of the course topics.
Writing experience in the context of LAW 353, Gender and the Law.
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.
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.
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.
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.
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.
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 is undergoing dynamic changes, as conflicting interests press for changes to Alaska, federal, and international laws designed to protect wildlife. Some of these changes are sought through legislative venues; others are the subject of litigation. For students interested in the subject of wildlife law, this course will examine the Alaska statutes that provide the charter for Alaska's wildlife management priorities, especially the Alaska National Interest Lands Conservation Act (ANILCA); the most important federal wildlife protection laws, namely the Endangered Species Act, the Marine Mammal Protection Act, and the Migratory Bird Treaty Act.
Graduation Writing Requirement
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.
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.
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.
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.
Survey of the basic tax rules and principles applicable to the primary forms of business organizations and sole proprietorships: Federal, state, local and payroll taxation of corporations, LLCs, partnerships, independent contractors, mutual funds, real estate investment trusts (REITs). The course will emphasize general legal principles and issues rather than technical details. No prerequisites.
Survey of the basic tax rules and principles applicable to the primary forms of business organizations and sole proprietorships: Federal, state, local and payroll taxation of corporations, LLCs, partnerships, independent contractors, mutual funds, real estate investment trusts (REITs). The course will emphasize general legal principles and issues rather than technical details. No prerequisites.
Concurrent with LAW 362, Law & Literature
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.
Concurrent with LAW 368, Agricultural Law
The course is designed to provide students with a practical understanding of the institutions, processes, rules, and policies that shape litigation and arbitration arising out of transnational disputes.
The course is designed to provide students with a practical understanding of the institutions, processes, rules, and policies that shape litigation and arbitration arising out of transnational disputes.
This course is a survey of international human rights norms and their implementation. The course will include consideration of the historical and ideological origins of the human rights movement, issues of universality versus cultural relativism, and alternative ideological conceptions. The course will survey the basic international and regional human rights agreements and instruments and their enforcement mechanisms. It will consider the status of second and third generation rights, group rights, and collective rights. The course will also examine remedies for human rights violations and the substantive elaboration of selected specific human rights. Updated 11/2014.
This course is a survey of international human rights norms and their implementation. The course will include consideration of the historical and ideological origins of the human rights movement, issues of universality versus cultural relativism, and alternative ideological conceptions. The course will survey the basic international and regional human rights agreements and instruments and their enforcement mechanisms. It will consider the status of second and third generation rights, group rights, and collective rights. The course will also examine remedies for human rights violations and the substantive elaboration of selected specific human rights. Updated 11/2014.
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.
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.
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.
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.
This section records that students have satisfied a Writing requirement within the context of Law 381, First Amendment.
This seminar focuses on the structure and processes of governmental decision-making, particularly in executive and administrative agencies. The course examines cases currently pending before the U.S. Supreme Court touching upon administrative structure and process. In addition, the course examines the constitutional and statutory provisions requiring both transparency and accountability in agency decision-making. For example, to what extent must agency policy deliberations be made public? Is confidentiality desirable? Under what circumstances? To illuminate divergent approaches to these questions, the course also examines statutes and decisions regarding state administrative law.
This seminar focuses on the structure and processes of governmental decision-making, particularly in executive and administrative agencies. The course examines cases currently pending before the U.S. Supreme Court touching upon administrative structure and process. In addition, the course examines the constitutional and statutory provisions requiring both transparency and accountability in agency decision-making. For example, to what extent must agency policy deliberations be made public? Is confidentiality desirable? Under what circumstances? To illuminate divergent approaches to these questions, the course also examines statutes and decisions regarding state administrative law.
This course covers the federal and state laws, U.S. Supreme Court decisions, and political party rules (both state and national) regarding the nomination and election of U.S. Presidents.
The Presidency and the Constitution. This seminar considers the President's Article II powers and how the power of the presidency has developed in relation to other aspects of the Constitution. While the majority of topics will be contemporary, some classes will consider the historical origins of presidential authority. This is a discussion oriented class. Class evaluation will be based on a book/article review (3-5 pages), a final paper (20 +/- pages), a class presentation of your paper and a critique of a classmate's paper. It qualifies for the third year writing requirement.
This course covers the federal and state laws, U.S. Supreme Court decisions, and political party rules (both state and national) regarding the nomination and election of U.S. Presidents.
The current US Supreme Court has increasingly signaled that its analysis of the Constitution and law will be guided by referring to the nation's historical practices and understandings. This approach has become determinative for controversies involving the First Amendment (speech and religion), the Second Amendment, and the Fourteenth Amendment's Due Process (reproductive rights) and Equal Protection (Affirmative Action) Clauses, among other areas. The purpose of this seminar is two-fold. The first purpose, more substantive, is to expose students to several important events and themes in the nation's constitutional and legal development, events that are often ignored in constitutional law courses. The second, no less important goal, is for students to appreciate how historical events are continually used to shape current constitutional interpretation. This will involve a more interpretative inquiry into why and how history should be used in constitutional adjudication and legal interpretation. Course evaluation will be based on a book/article review, a final paper, and class participation.
The Writing companion to LAW 385.
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.
Traditional energy law includes private law, price regulation, and other regulatory laws that govern extraction, storage, transportation, and refining of energy minerals (coal, oil, gas, uranium), electrical power generation and distribution, natural gas production and distribution, hydroelectric and nuclear licensing and energy use in industrial and transportation sectors. The class will cover those subjects; however this is not your grandmothers energy law class. The present and future of energy law is changing rapidly, perhaps faster than any other area of law. Energy lawyers cannot simply rely on well-defined bodies of law regarding oil and gas leases, unitization agreements, state public utility regulation, surface coal reclamation, rights-of-way over federal land, and FERC hydroelectric licenses to answer client questions, make convincing legal arguments, and assist their clients in deals. They must understand complex institutional relationships, be able to deal in a fluid legal and policy environment,and have the ability to fluently articulate client interests in terms of public policy goals and regulatory rationales such as economic efficiency, sustainability, supply security, universal affordable access, recapturing unearned monopoly profits, and maintaining ecosystem services. Finally, to avoid themselves becoming fossilized organic matter, energy lawyers must understand the forces driving energy law in the 21st century; rapid scientific and technological advances; geopolitical power shifts and terrorism; the global carbon cycle, global warming, effects of regional climate change, and adaptation; the peak oil debate and other aspects of resource supply dynamics; liberalization and deregulation of energy markets; globalization and multinational corporate behavior; corporate social responsibility, shifting investor expectations and global financier demands; international commitments to alleviate extreme poverty and increasingly dynamic economic growth in India, China, and other major energy markets. The class is designed to prepare those who are consider a practice related to energy law, environmental law or natural resources law as well as providing essential background on critical energy issues for all lawyers.
Traditional energy law includes private law, price regulation, and other regulatory laws that govern extraction, storage, transportation, and refining of energy minerals (coal, oil, gas, uranium), electrical power generation and distribution, natural gas production and distribution, hydroelectric and nuclear licensing and energy use in industrial and transportation sectors. The class will cover those subjects; however this is not your grandmothers energy law class. The present and future of energy law is changing rapidly, perhaps faster than any other area of law. Energy lawyers cannot simply rely on well-defined bodies of law regarding oil and gas leases, unitization agreements, state public utility regulation, surface coal reclamation, rights-of-way over federal land, and FERC hydroelectric licenses to answer client questions, make convincing legal arguments, and assist their clients in deals. They must understand complex institutional relationships, be able to deal in a fluid legal and policy environment,and have the ability to fluently articulate client interests in terms of public policy goals and regulatory rationales such as economic efficiency, sustainability, supply security, universal affordable access, recapturing unearned monopoly profits, and maintaining ecosystem services. Finally, to avoid themselves becoming fossilized organic matter, energy lawyers must understand the forces driving energy law in the 21st century; rapid scientific and technological advances; geopolitical power shifts and terrorism; the global carbon cycle, global warming, effects of regional climate change, and adaptation; the peak oil debate and other aspects of resource supply dynamics; liberalization and deregulation of energy markets; globalization and multinational corporate behavior; corporate social responsibility, shifting investor expectations and global financier demands; international commitments to alleviate extreme poverty and increasingly dynamic economic growth in India, China, and other major energy markets. The class is designed to prepare those who are consider a practice related to energy law, environmental law or natural resources law as well as providing essential background on critical energy issues for all lawyers.
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.
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.
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.
Through an examination of the history, theory, and the process of federal and state appellate courts, this seminar provides a theoretical and legal background into matters that are critical to appellate processes. We will read about and discuss the source, nature and application of rules particularly important to the appellate process including precedent and stare decisis; standards of review; preservation of issues; harmless and plain error; interlocutory review; and high court discretionary review.
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.
The vast majority of state and federal criminal convictions, more than 90 percent, come not from a public trial verdict, but rather after a closed negotiation process ending in a guilty plea. As the Supreme Court has stated, plea bargaining is not some adjunct to the criminal justice system; it is the criminal justice system. In other words, practicing criminal law today means practicing plea bargaining. All lawyers should understand the significant tradeoffs and risks of delivering criminal justice in this way. Accordingly, this course is designed for all upper-level law students, regardless of whether they have taken other upper-level criminal law courses or plan to pursue careers in criminal law.In this class, we examine plea bargaining and guilty plea jurisprudence, theory, and practice. We will consider debates over the utility, coercive aspects, and constitutionality of plea bargaining and guilty pleas. After exploring the role of the prosecutor, defender, and judge in plea bargaining, we will discuss ethical considerations for these institutional actors and examine broader questions around plea bargaining's role in criminal justice, along with possibilities for reform. Over the class period, we will have visits from practitioners who will provide useful perspectives on our study of plea bargaining. Throughout the term, we will be thinking about the criminal justice system as something that is designed -- that is, something that consists of pieces that people have put together within particular contexts in support of particular priorities. This design is, of course, incredibly complex and subject to numerous institutional and extra-institutional dynamics that exert pressures on the system that may support or work against system goals. In addition, the design itself may be informed by incompatible priorities and choices, which in turn can lead to perverse results or inefficiencies. Yet thinking about criminal justice in terms of design is useful because such thinking can make it easier to talk about deficiencies in the system and to negotiate intentional, targeted reforms.
Children are both autonomous individuals with enforceable rights, and vulnerable persons in need of protection. This class will take a multi-disciplinary approach and consider how children's rights are conceptualized and enforced in both of these contexts at the international level. The class will begin with an introduction into the relevant international and regional instruments, and the monitoring and enforcement process. The majority of the course will be devoted to discussing particular childrens' rights (enrolled students will be surveyed in advance) which could include the right: to a family; to protection from violence; to health care, including freedom from compulsory care and access to birth control and abortion; to be free from forced labor and hazardous/exploitive working conditions; to an education; to protection from harmful traditional practices, including child marriage, customary adoptions, and FGM; and the rights of children in conflict with the law. Course content will include diverse and multi-disciplinary materials, including lectures, case studies, group discussion, guest speakers, readings and films. Assessment: The final grade will be based on 1) preparation and participation in class (50%) and 2) a 15-page final research paper (50%)
Children are both autonomous individuals with enforceable rights, and vulnerable persons in need of protection. This class will take a multi-disciplinary approach and consider how children's rights are conceptualized and enforced in both of these contexts at the international level. The class will begin with an introduction into the relevant international and regional instruments, and the monitoring and enforcement process. The majority of the course will be devoted to discussing particular childrens' rights (enrolled students will be surveyed in advance) which could include the right: to a family; to protection from violence; to health care, including freedom from compulsory care and access to birth control and abortion; to be free from forced labor and hazardous/exploitive working conditions; to an education; to protection from harmful traditional practices, including child marriage, customary adoptions, and FGM; and the rights of children in conflict with the law. Course content will include diverse and multi-disciplinary materials, including lectures, case studies, group discussion, guest speakers, readings and films. Assessment: The final grade will be based on 1) preparation and participation in class (50%) and 2) a 15-page final research paper (50%)
Children are both autonomous individuals with enforceable rights, and vulnerable persons in need of protection. This class will take a multi-disciplinary approach and consider how children's rights are conceptualized and enforced in both of these contexts at the international level. The class will begin with an introduction into the relevant international and regional instruments, and the monitoring and enforcement process. The majority of the course will be devoted to discussing particular childrens' rights (enrolled students will be surveyed in advance) which could include the right: to a family; to protection from violence; to health care, including freedom from compulsory care and access to birth control and abortion; to be free from forced labor and hazardous/exploitive working conditions; to an education; to protection from harmful traditional practices, including child marriage, customary adoptions, and FGM; and the rights of children in conflict with the law. Course content will include diverse and multi-disciplinary materials, including lectures, case studies, group discussion, guest speakers, readings and films. Assessment: The final grade will be based on 1) preparation and participation in class (50%) and 2) a 15-page final research paper (50%)
Introduction into how the legal system and biomedicine work in the context of advertising and medical diagnosis. Students will be introduced to some medical and science issues. We will examine how federal law regulates clinical research, paying special attention to Institutional Review Boards, informed consent and confidentiality laws; criticisms of the current scheme, focusing on conflicts of interest. The second half of the course will discuss questions surrounding genetic research, including the meaning of genetic information, legal status of human tissue, how genetic information may lead to discrimination and how the law should regulate genetic information.
Introduction into how the legal system and biomedicine work in the context of advertising and medical diagnosis. Students will be introduced to some medical and science issues. We will examine how federal law regulates clinical research, paying special attention to Institutional Review Boards, informed consent and confidentiality laws; criticisms of the current scheme, focusing on conflicts of interest. The second half of the course will discuss questions surrounding genetic research, including the meaning of genetic information, legal status of human tissue, how genetic information may lead to discrimination and how the law should regulate genetic information.
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.
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.
This seminar will focus primarily on the authority of government to regulate for the public health and constitutional restrictions thereon. The class surveys major public health issues like vaccines, fluoride, tobacco, drug use, cannabis, vaping, obesity, and firearms. It examines the horizontal separation of powers that impacts regulation in these realms, including delegations to the Food and Drug Administration, as well as the vertical division of power among the federal, state, and local governments.
This course will focus on the implications of the Covid-19 pandemic on various aspects of the legal system. Key issues will include international, federal, state, and local public health infrastructure; governmental emergency powers, such as quarantine authority, as well as potential constitutional restrictions thereon; moratoria on foreclosures and evictions; social safety net regimes like paid sick leave and unemployment insurance; and the regulatory process for diagnostic test and drug approval.
This course will focus on the implications of the Covid-19 pandemic on various aspects of the legal system. Key issues will include international, federal, state, and local public health infrastructure; governmental emergency powers, such as quarantine authority, as well as potential constitutional restrictions thereon; moratoria on foreclosures and evictions; social safety net regimes like paid sick leave and unemployment insurance; and the regulatory process for diagnostic test and drug approval.
This seminar will focus primarily on the authority of government to regulate for the public health and constitutional restrictions thereon. The class surveys major public health issues like vaccines, fluoride, tobacco, drug use, cannabis, vaping, obesity, and firearms. It examines the horizontal separation of powers that impacts regulation in these realms, including delegations to the Food and Drug Administration, as well as the vertical division of power among the federal, state, and local governments.
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.
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.
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.
Advanced research, writing, and editing of scholarly legal articles. Cooperative work with students, professors, lawyers, and other authors. (Membership primarily by written competition.)
Advanced research, writing, and editing of scholarly legal articles. Cooperative work with students, professors, lawyers, and other authors. (Membership primarily by written competition.)
Moot Court Competition.
Moot Court Competition.
International Law Moot Court
Moot Court Competition.
Moot Court Competition.
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.
Moot Court Competition.
Moot Court Competition.
Moot Court Competition.
Competition on a Regional and or National Level.
Organization and supervision of the oral arguments for spring semester Legal Research and Writing, and other Moot Court competitions. 0 hours credit.
The Academic Excellence Fellowship is a credit-bearing, co-curricular course designed for competitively selected law students who serve as dedicated peer mentors to first-year cohorts. Through structured mentoring and directed community engagement, Fellows facilitate the successful transition of 1L students by fostering a sense of belonging, encouraging professional identity formation, and reinforcing foundational academic skills. Concurrently, the course advances the Fellows' own professional development by cultivating essential career-readiness competencies, including advanced communication, leadership, and professional judgment. Students may register for zero to one repeatable credit hours per semester, which requires the completion of at least 52 logged hours of practical mentoring and active participation in required biweekly seminar meetings. This integrated seminar component provides critical oversight, training, and guided reflection, ultimately preparing Fellows for the collaborative and evolving nature of relationships within the legal profession.
Willamette Law Online (WLO) functions as a student-run notification service, alerting users to legal decisions and trends, and is neither intended to be a comprehensive resource of case law nor a substitute for in-depth legal research. WLO is committed to providing timely, informative, and accurate case summaries from the courts that shape the law in the Pacific Northwest.
This course involves the preparation of a paper or thesis on a topic selected by the student which is not fully covered by the regular curriculum, under the supervision of a full-time faculty member. One credit hour requires 52 hours of work, including any meetings with the supervising full-time faculty member. Two credit hours requires 104 hours of work, including any meetings with the supervising full-time faculty member.
This course involves the preparation of a paper or thesis on a topic selected by the student which is not fully covered by the regular curriculum, under the supervision of a full-time faculty member. One credit hour requires 52 hours of work, including any meetings with the supervising full-time faculty member. Two credit hours requires 104 hours of work, including any meetings with the supervising full-time faculty member.
REGIONAL/NATIONAL COMPETITION
Following the International Children's Rights course, this optional Tanzania Practicum offers students a substantive, immersive international experience to help prepare them to enter an increasingly globalized profession. In Tanzania, through a case-study method, students learn about the real-world implementation of international and domestic law through meetings with child rights stakeholders in a viariety of contexts, including, government officials, legal professionals, and NGOs.
Legal Writing experience embedded in LAW 474, Polar Law.
The externship course provides in-depth, field learning opportunities in judicial, government, nonprofit, and in some cases, private settings with firms or in-house counsel, under the tutelage of lawyers and judges. There is a class component associated with the course. The goals of the program are to learn the day-to-day skills that are necessary for the practice of law, to turn theory of law into practical lawyering skills, to instill the rules of professionalism by observing the practices of lawyers and judges, and to increase substantive knowledge in various legal areas. An externship improves lawyering skills, knowledge and self-confidence. Enrollment is limited to applicants who meet established requirements. See the Assistant Dean of Career Planning & Development for more detail
The externship course provides in-depth, field learning opportunities in judicial, government, nonprofit, and in some cases, private settings with firms or in-house counsel, under the tutelage of lawyers and judges. There is a class component associated with the course. The goals of the program are to learn the day-to-day skills that are necessary for the practice of law, to turn theory of law into practical lawyering skills, to instill the rules of professionalism by observing the practices of lawyers and judges, and to increase substantive knowledge in various legal areas. An externship improves lawyering skills, knowledge and self-confidence. Enrollment is limited to applicants who meet established requirements. See the Assistant Dean of Career Planning & Development for more detail
Law 499 is a topic in Law that does not provide a letter grade. See the details in the schedule for semester-specific topical descriptions.
The Clinical Law Program provides students with hands-on, professional experience in actual law practice. The program is generally the capstone of a student's legal education at Willamette.The program asks second- and third-year law students to apply the doctrinal knowledge mastered in their fundamental coursework to the actual practice of law. Students enrolled in the program represent real clients in actual cases and transactions under the close supervision of law faculty.The Clinical Law Program comprises five advanced legal education courses, including specialized clinics in Criminal Defense, Immigration Law, and Trusts and Estates. Clients are people of modest economic means.Clinical Law Program students are taught and expected to demonstrate the highest standards of excellence in all areas of legal practice, from mastery of substantive legal issues and procedures to unwavering professionalism and notable service to the greater community. The Clinical Law Program faculty also strives to instill an appreciation for the importance of reflection and balance in the practice of law.
The Clinical Law Program provides students with hands-on, professional experience in actual law practice. The program is generally the capstone of a student's legal education at Willamette.The program asks second- and third-year law students to apply the doctrinal knowledge mastered in their fundamental coursework to the actual practice of law. Students enrolled in the program represent real clients in actual cases and transactions under the close supervision of law faculty.The Clinical Law Program comprises five advanced legal education courses, including specialized clinics in Criminal Defense, Immigration Law, and Trusts and Estates. Clients are people of modest economic means.Clinical Law Program students are taught and expected to demonstrate the highest standards of excellence in all areas of legal practice, from mastery of substantive legal issues and procedures to unwavering professionalism and notable service to the greater community. The Clinical Law Program faculty also strives to instill an appreciation for the importance of reflection and balance in the practice of law.
The Clinical Law Program provides students with hands-on, professional experience in actual law practice. The program is generally the capstone of a student's legal education at Willamette.The program asks second- and third-year law students to apply the doctrinal knowledge mastered in their fundamental coursework to the actual practice of law. Students enrolled in the program represent real clients in actual cases and transactions under the close supervision of law faculty.The Clinical Law Program comprises five advanced legal education courses, including specialized clinics in Criminal Defense, Immigration Law, and Trusts and Estates. Clients are people of modest economic means.Clinical Law Program students are taught and expected to demonstrate the highest standards of excellence in all areas of legal practice, from mastery of substantive legal issues and procedures to unwavering professionalism and notable service to the greater community. The Clinical Law Program faculty also strives to instill an appreciation for the importance of reflection and balance in the practice of law.
The Clinical Law Program provides students with hands-on, professional experience in actual law practice. The program is generally the capstone of a student's legal education at Willamette.The program asks second- and third-year law students to apply the doctrinal knowledge mastered in their fundamental coursework to the actual practice of law. Students enrolled in the program represent real clients in actual cases and transactions under the close supervision of law faculty.The Clinical Law Program comprises five advanced legal education courses, including specialized clinics in Criminal Defense, Immigration Law, and Trusts and Estates. Clients are people of modest economic means.Clinical Law Program students are taught and expected to demonstrate the highest standards of excellence in all areas of legal practice, from mastery of substantive legal issues and procedures to unwavering professionalism and notable service to the greater community. The Clinical Law Program faculty also strives to instill an appreciation for the importance of reflection and balance in the practice of law.
The Clinical Law Program provides students with hands-on, professional experience in actual law practice. The program is generally the capstone of a student's legal education at Willamette.The program asks second- and third-year law students to apply the doctrinal knowledge mastered in their fundamental coursework to the actual practice of law. Students enrolled in the program represent real clients in actual cases and transactions under the close supervision of law faculty.The Clinical Law Program comprises five advanced legal education courses, including specialized clinics in Criminal Defense, Immigration Law, and Trusts and Estates. Clients are people of modest economic means.Clinical Law Program students are taught and expected to demonstrate the highest standards of excellence in all areas of legal practice, from mastery of substantive legal issues and procedures to unwavering professionalism and notable service to the greater community. The Clinical Law Program faculty also strives to instill an appreciation for the importance of reflection and balance in the practice of law.
The Clinical Law Program provides students with hands-on, professional experience in actual law practice. The program is generally the capstone of a student's legal education at Willamette.The program asks second- and third-year law students to apply the doctrinal knowledge mastered in their fundamental coursework to the actual practice of law. Students enrolled in the program represent real clients in actual cases and transactions under the close supervision of law faculty.The Clinical Law Program comprises five advanced legal education courses, including specialized clinics in Criminal Defense, Immigration Law, and Trusts and Estates. Clients are people of modest economic means.Clinical Law Program students are taught and expected to demonstrate the highest standards of excellence in all areas of legal practice, from mastery of substantive legal issues and procedures to unwavering professionalism and notable service to the greater community. The Clinical Law Program faculty also strives to instill an appreciation for the importance of reflection and balance in the practice of law.
The Clinical Law Program provides students with hands-on, professional experience in actual law practice. The program is generally the capstone of a student's legal education at Willamette.The program asks second- and third-year law students to apply the doctrinal knowledge mastered in their fundamental coursework to the actual practice of law. Students enrolled in the program represent real clients in actual cases and transactions under the close supervision of law faculty.The Clinical Law Program comprises five advanced legal education courses, including specialized clinics in Criminal Defense, Immigration Law, and Trusts and Estates. Clients are people of modest economic means.Clinical Law Program students are taught and expected to demonstrate the highest standards of excellence in all areas of legal practice, from mastery of substantive legal issues and procedures to unwavering professionalism and notable service to the greater community. The Clinical Law Program faculty also strives to instill an appreciation for the importance of reflection and balance in the practice of law.
This course covers the mediation process from the perspective of the mediator and from the perspective of the attorney or disputant using this form of dispute resolution. Critical issues of neutrality, confidentiality, and qualifications are included as well as specific skills and techniques used by the mediator. In addition, the course covers how to use mediation effectively. The course work is covered using text, class discussion and activities, short papers and role playing.
This course is intended to give the third year law student hands-on experience in drafting several forms of commonly used contracts, including contracts for personal services, goods and the sale or lease of real property, as well as ancillary documents, such as letters of intent. Using examples of typical business transactions, the student will learn how to identify and translate elements of such transactions into clear and unambiguous contract terms and conditions. The class will examine the use of standard or boilerplate clauses in contracts, drafting rules and the impact of Article 2 of the Uniform Commercial Code on contract drafting. Students will examine and discuss a range of issues confronted by the transactional attorney during the drafting process, including client expectations, control of drafting, role of the attorney in contract negotiations, and ethical challenges that arise during the drafting process. Students will be paired into teams to provide a realistic environment for negotiating and drafting various kinds of contracts.
This course is intended to give the third year law student hands-on experience in drafting several forms of commonly used contracts, including contracts for personal services, goods and the sale or lease of real property, as well as ancillary documents, such as letters of intent. Using examples of typical business transactions, the student will learn how to identify and translate elements of such transactions into clear and unambiguous contract terms and conditions. The class will examine the use of standard or boilerplate clauses in contracts, drafting rules and the impact of Article 2 of the Uniform Commercial Code on contract drafting. Students will examine and discuss a range of issues confronted by the transactional attorney during the drafting process, including client expectations, control of drafting, role of the attorney in contract negotiations, and ethical challenges that arise during the drafting process. Students will be paired into teams to provide a realistic environment for negotiating and drafting various kinds of contracts.
The Clinical Law Program provides students with hands-on, professional experience in actual law practice. The program is generally the capstone of a student's legal education at Willamette.The program asks second- and third-year law students to apply the doctrinal knowledge mastered in their fundamental coursework to the actual practice of law. Students enrolled in the program represent real clients in actual cases and transactions under the close supervision of law faculty.The Clinical Law Program comprises five advanced legal education courses, including specialized clinics in Criminal Defense, Immigration Law, and Trusts and Estates. Clients are people of modest economic means.Clinical Law Program students are taught and expected to demonstrate the highest standards of excellence in all areas of legal practice, from mastery of substantive legal issues and procedures to unwavering professionalism and notable service to the greater community. The Clinical Law Program faculty also strives to instill an appreciation for the importance of reflection and balance in the practice of law.
The Clinical Law Program provides students with hands-on, professional experience in actual law practice. The program is generally the capstone of a student's legal education at Willamette.The program asks second- and third-year law students to apply the doctrinal knowledge mastered in their fundamental coursework to the actual practice of law. Students enrolled in the program represent real clients in actual cases and transactions under the close supervision of law faculty.The Clinical Law Program comprises five advanced legal education courses, including specialized clinics in Criminal Defense, Immigration Law, and Trusts and Estates. Clients are people of modest economic means.Clinical Law Program students are taught and expected to demonstrate the highest standards of excellence in all areas of legal practice, from mastery of substantive legal issues and procedures to unwavering professionalism and notable service to the greater community. The Clinical Law Program faculty also strives to instill an appreciation for the importance of reflection and balance in the practice of law.
The Clinical Law Program provides students with hands-on, professional experience in actual law practice. The program is generally the capstone of a student's legal education at Willamette.The program asks second- and third-year law students to apply the doctrinal knowledge mastered in their fundamental coursework to the actual practice of law. Students enrolled in the program represent real clients in actual cases and transactions under the close supervision of law faculty.The Clinical Law Program comprises five advanced legal education courses, including specialized clinics in Criminal Defense, Immigration Law, and Trusts and Estates. Clients are people of modest economic means.Clinical Law Program students are taught and expected to demonstrate the highest standards of excellence in all areas of legal practice, from mastery of substantive legal issues and procedures to unwavering professionalism and notable service to the greater community. The Clinical Law Program faculty also strives to instill an appreciation for the importance of reflection and balance in the practice of law.
The Clinical Law Program provides students with hands-on, professional experience in actual law practice. The program is generally the capstone of a student's legal education at Willamette.The program asks second- and third-year law students to apply the doctrinal knowledge mastered in their fundamental coursework to the actual practice of law. Students enrolled in the program represent real clients in actual cases and transactions under the close supervision of law faculty.The Clinical Law Program comprises five advanced legal education courses, including specialized clinics in Criminal Defense, Immigration Law, and Trusts and Estates. Clients are people of modest economic means.Clinical Law Program students are taught and expected to demonstrate the highest standards of excellence in all areas of legal practice, from mastery of substantive legal issues and procedures to unwavering professionalism and notable service to the greater community. The Clinical Law Program faculty also strives to instill an appreciation for the importance of reflection and balance in the practice of law.
The Clinical Law Program provides students with hands-on, professional experience in actual law practice. The program is generally the capstone of a student's legal education at Willamette.The program asks second- and third-year law students to apply the doctrinal knowledge mastered in their fundamental coursework to the actual practice of law. Students enrolled in the program represent real clients in actual cases and transactions under the close supervision of law faculty.The Clinical Law Program comprises five advanced legal education courses, including specialized clinics in Criminal Defense, Immigration Law, and Trusts and Estates. Clients are people of modest economic means.Clinical Law Program students are taught and expected to demonstrate the highest standards of excellence in all areas of legal practice, from mastery of substantive legal issues and procedures to unwavering professionalism and notable service to the greater community. The Clinical Law Program faculty also strives to instill an appreciation for the importance of reflection and balance in the practice of law.
The Clinical Law Program provides students with hands-on, professional experience in actual law practice. The program is generally the capstone of a student's legal education at Willamette.The program asks second- and third-year law students to apply the doctrinal knowledge mastered in their fundamental coursework to the actual practice of law. Students enrolled in the program represent real clients in actual cases and transactions under the close supervision of law faculty.The Clinical Law Program comprises five advanced legal education courses, including specialized clinics in Criminal Defense, Immigration Law, and Trusts and Estates. Clients are people of modest economic means.Clinical Law Program students are taught and expected to demonstrate the highest standards of excellence in all areas of legal practice, from mastery of substantive legal issues and procedures to unwavering professionalism and notable service to the greater community. The Clinical Law Program faculty also strives to instill an appreciation for the importance of reflection and balance in the practice of law.
The Clinical Law Program provides students with hands-on, professional experience in actual law practice. The program is generally the capstone of a student's legal education at Willamette.The program asks second- and third-year law students to apply the doctrinal knowledge mastered in their fundamental coursework to the actual practice of law. Students enrolled in the program represent real clients in actual cases and transactions under the close supervision of law faculty.The Clinical Law Program comprises five advanced legal education courses, including specialized clinics in Criminal Defense, Immigration Law, and Trusts and Estates. Clients are people of modest economic means.Clinical Law Program students are taught and expected to demonstrate the highest standards of excellence in all areas of legal practice, from mastery of substantive legal issues and procedures to unwavering professionalism and notable service to the greater community. The Clinical Law Program faculty also strives to instill an appreciation for the importance of reflection and balance in the practice of law.
This course is an introduction to the building of a successful law practice. It will focus on the practical skills and considerations necessary in the establishment of a law practice, including staffing, marketing, advertising and client development, client relations, trust accounting, file management, client billing and the development of a detailed business plan.
Legal Analysis for the Bar Examfocuses on improving the analytical skills students need to perform well on the bar examination. Students will learn and practice strategies and techniques used in answering questions posed in allthree bar exam components (MBE, MEE, and MPT). Students will work through MEE and MPTquestions from previous bar examinations and receive feedback on those exercises. Students will also practice sample MBE questions and learn how to autopsy answer choices. Additionally, students will participate in self-diagnostic, peer review, reflection, and other formativeexercises to improve their skills and identify areas of strengths and weaknesses. The course will use law from three subjects that are routinely tested on multiple portions of the bar exam (Federal Civil Procedure, Evidence, and Torts) and help students develop strategies to review their knowledge in those and other tested topics. The course will also address strategies for preparing for the bar exam, including planning, memorization, self-care, and other practical skills. Please note that this course is intended to serve as a suitable first step to prepare for any state's bar examination. However, the course is intended to supplement, not replace, a full commercial bar review and preparation course.
This course is designed to help you cultivate a professional identity and chart a course toward a satisfying life in the law. The process of professional identity formation is a self-reflective exploration through a number of competencies and considerations essential to a successful legal practice. Students will consider individual values, strengths, and interests alongside the legal profession's values, culture, and expectations. This course seeks to answer three key questions: 1. Who are you as a lawyer? 2. Who are you in relation to the legal community? 3. How can you best contribute your time and talent as a lawyer?
The Clinical Law Program provides students with hands-on, professional experience in actual law practice. The program is generally the capstone of a student's legal education at Willamette.The program asks second- and third-year law students to apply the doctrinal knowledge mastered in their fundamental coursework to the actual practice of law. Students enrolled in the program represent real clients in actual cases and transactions under the close supervision of law faculty.The Clinical Law Program comprises five advanced legal education courses, including specialized clinics in Criminal Defense, Immigration Law, and Trusts and Estates. Clients are people of modest economic means.Clinical Law Program students are taught and expected to demonstrate the highest standards of excellence in all areas of legal practice, from mastery of substantive legal issues and procedures to unwavering professionalism and notable service to the greater community. The Clinical Law Program faculty also strives to instill an appreciation for the importance of reflection and balance in the practice of law.
Varying Topics.
Economical Law.
A semester-long study of topics in Law. Topics and emphases will vary according to the instructor. This course may be repeated for credit with different topics. See the details in the schedule for descriptions and applicability to graduation requirements.
Topic, Writing Component
This course will examine international criminal and humanitarian law and enforcement mechanisms. Areas to be explored are: the development of international norms of genocide, crimes against humanity, and war crimes; the jurisdiction and procedure of international tribunals, including the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the hybrid tribunals, such as those in Sierra Leone, Cambodia, Bosnia, East Timor and Kosovo; and domestic applications of international criminal law and related jurisdictional issues. We will discuss the effectiveness of different mechanisms as response to mass atrocity.
This course will examine international criminal and humanitarian law and enforcement mechanisms. Areas to be explored are: the development of international norms of genocide, crimes against humanity, and war crimes; the jurisdiction and procedure of international tribunals, including the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the hybrid tribunals, such as those in Sierra Leone, Cambodia, Bosnia, East Timor and Kosovo; and domestic applications of international criminal law and related jurisdictional issues. We will discuss the effectiveness of different mechanisms as response to mass atrocity.
This seminar will explore the historical and contemporary treatment of race in the United States by both the courts and the legislature. The seminar will employ an interdisciplinary approach to examining the social and political forces that have and continue to contribute to the development of legal doctrine in the areas of education, employment, interracial sex and marriage, and public accommodations, among other things. Throughout, the seminar will explore the definition of race, the intersection of race and gender, the interplay of race and class, the juxtaposition of various ethnic groups, and the utility of a biracial dichotomy in a multiracial and multiethnic society. Most of the seminar will focus on particular racial and ethnic groups in the U.S. society (e.g. African-, Asian-, Caucasian-, Native-, and Mexican Americans).
This seminar will explore the historical and contemporary treatment of race in the United States by both the courts and the legislature. The seminar will employ an interdisciplinary approach to examining the social and political forces that have and continue to contribute to the development of legal doctrine in the areas of education, employment, interracial sex and marriage, and public accommodations, among other things. Throughout, the seminar will explore the definition of race, the intersection of race and gender, the interplay of race and class, the juxtaposition of various ethnic groups, and the utility of a biracial dichotomy in a multiracial and multiethnic society. Most of the seminar will focus on particular racial and ethnic groups in the U.S. society (e.g. African-, Asian-, Caucasian-, Native-, and Mexican Americans).
Technology Transfer and Commercialization is a 2-hour writing seminar in which students will examine the national and global influence of intellectual property, including patents, trade secrets, copyrights, trademarks, publicity rights, and Internet law. In particular, students will study how technology is transferred in both the national and global market, and how technology is introduced respectively in those markets.
This seminar will cover the history and law of the modern (post-1970) death penalty in the United States. We will examine the roles played by different actors in the criminal justice system in death penalty cases, including prosecutors, judges, jurors and defense lawyers. We also will explore the topics of aggravating and mitigating factors, future dangerousness, categorical exemptions, race and gender bias, habeas and ineffective assistance of counsel, competence and volunteers (or waiver of appeals). Grades will be based on class participation and a final paper.
This seminar will cover the history and law of the modern (post-1970) death penalty in the United States. We will examine the roles played by different actors in the criminal justice system in death penalty cases, including prosecutors, judges, jurors and defense lawyers. We also will explore the topics of aggravating and mitigating factors, future dangerousness, categorical exemptions, race and gender bias, habeas and ineffective assistance of counsel, competence and volunteers (or waiver of appeals). Grades will be based on class participation and a final paper.
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.
This course on corporate restructuring will be an in-depth study of Chapter 11 law and practice, with a heavy emphasis on the practical aspect of Chapter 11. The course will consist of one two-hour class each week, with lectures and a significant amount of student participation and role-playing. The coursework will include five written assignments of drafting letters, pleadings and a complaint. There will not be a traditional final examination at the end of the course. Readings will be assigned from published cases and secondary sources rather than an assigned textbook.
This course on corporate restructuring will be an in-depth study of Chapter 11 law and practice, with a heavy emphasis on the practical aspect of Chapter 11. The course will consist of one two-hour class each week, with lectures and a significant amount of student participation and role-playing. The coursework will include five written assignments of drafting letters, pleadings and a complaint. There will not be a traditional final examination at the end of the course. Readings will be assigned from published cases and secondary sources rather than an assigned textbook.
The goal of this seminar will be to apply substantive legal knowledge you already have to crafting an outstanding brief and argument. We will proceed through each step of reviewing, briefing, and arguing a complex business dispute. Students will work in pairs. We will discuss the substantive issues presented in each simulation in-depth, explore the dynamics of briefing a dispute in the context of a law office environment, and focus on crafting both a brief and an argument. Simulations will be drawn from current, pending business disputes and will be selected based on the courses taken and interests of the registered students. Possible subjects include regulation of securities transactions, commercial arbitral award enforcement, the commercial exception to sovereign immunity, bank liability for processing illegal transactions, and determination of secured status in bankruptcy proceedings.
This course is a survey of the major mechanisms of Alternative Dispute Resolution (ADR). The class will focus on arbitration, mediation and negotiation through relevant legal framework and practical skills. Litigators, transactional lawyers, and public practice lawyers will find this course useful in understanding the effective use of alternatives to resolve disputes outside of trial. Less than 5% of all filed civil cases are resolved through courtroom adjudication. Clients expect lawyers to have a broad range of knowledge regarding ADR. Effective client representation demands that lawyers use creative methods to resolve disputes that do not rely solely on expensive and time consuming litigation. This course will give students numerous opportunities to draft relevant documents to satisfy professional writing requirements and to participate in role playing scenarios to simulate practice situations.
Students begin their legal education by learning common law doctrines and methods of judicial reasoning. But in the modern era, most lawyers will deal with statutes and administrative rules more than the common law. In addition, many upper-level law school courses will address substantive areas of law that are governed by statutes and regulations. This course will introduce students to the legislative process, the role of agencies, the justifications for regulation, and the theories and tools that judges use in interpreting text.
Students begin their legal education by learning common law doctrines and methods of judicial reasoning. But in the modern era, most lawyers will deal with statutes and administrative rules more than the common law. In addition, many upper-level law school courses will address substantive areas of law that are governed by statutes and regulations. This course will introduce students to the legislative process, the role of agencies, the justifications for regulation, and the theories and tools that judges use in interpreting text.
This 3-hour course is designed to help prepare students for transactionallaw practice by providing further exposure to the role of professionals in creating value for the client. The first half of this course will focus on students acquiring the necessary background to understand barriers to transacting, as well as learning to recognize and work through common issues across a variety of transactions. In the second half of the course, students will participate in simulated deals and workshops that allow them to engage with parts of deals in, for example, the technology, financial, and real estate industries. The professor aims to bring in attorneys and other business people during the second half of the class to help facilitate and guide students in these simulations and workshops.
Willamette University