School of Law

11075 East Boulevard

Phone 216-368-3280; Fax 216-368-6144

Gerald Korngold, Dean

Founded in 1892, the School of Law is a charter member of the Association of American Law Schools and of the national law honorary society, the Order of the Coif. It was among the first law schools accredited by the American Bar Association.

The school has a student body of about 700 and a faculty of about 45. In the school's early years, most students came from Ohio and remained in Ohio after graduation. Today, students come from all parts of the country (though Ohio still has a large representation), and more of them leave Ohio than stay. There are CWRU law graduates in virtually every state (and in several foreign countries), and certainly in every major U.S. city. An active and aggressive Career Services Office works with students, graduates, and prospective employers from all over the nation to maximize job opportunities.

Administration

  • Gerald Korngold, J.D. (University of Pennsylvania)
  • Dean
  • Andrew P. Morriss, J.D., M.Pub.Aff. (University of Texas), Ph.D. (Massachusetts Institute of Technology)
  • Associate Dean for Academic Affairs
  • Sonia Winner, J.D. (Dayton)
  • Associate Dean for Development and Public Affairs
  • Bryan L. Adamson, M.A. (Purdue University), J.D. (Case Western Reserve University)
  • Assistant Dean for Student Services
  • Barbara F. Andelman, J.D. (Ohio State University)
  • Assistant Dean for Admissions, Financial Aid, and Special Projects
  • Susan Renee Seliga, J.D. (Cleveland State University)
  • Assistant Dean for Career Services
  • Keith Barton, J.D. (Case Western Reserve University)
  • Information and Technology Director
  • Kathleen M. Carrick, M.L.S. (University of Pittsburgh), J.D. (Cleveland State University)
  • Director of the Law Library
  • Michelle Frygier, M.A. (Case Western Reserve University)
  • Director of Publications and Communications
  • Leon Gabinet, J.D. (University of Chicago)
  • Executive Director of the Graduate Tax Program
  • Thomas I. Hausman, J.D. (Ohio State University), LL.M. (New York University)
  • Administrative Director of the Graduate Tax Program
  • Lewis R. Katz, J.D. (Indiana University)
  • Director of the Graduate Program for Foreign Students in U.S. Legal Studies
  • Henry T. King, Jr., LL.B. (Yale University)
  • U.S. Director of the Canada-United States Law Institute
  • Judith P. Lipton, M.S.S.W. (University of Wisconsin), J.D. (University of Connecticut)
  • Co-Director, Milton A. Kramer Law Clinic Center
  • Kenneth R. Margolis, J.D. (Case Western Reserve University)
  • Co-Director, Milton A. Kramer Law Clinic Center
  • Maxwell J. Mehlman, J.D. (Yale University)
  • Director of the Law-Medicine Center
  • Megan Allen, M.L.I.S. (Kent State University)
  • Electronic Services and Training Librarian
  • Cheryl Smith Cheatham, M.S.L.S. (Case Western Reserve University)
  • Educational Media/Reference Librarian
  • Deborah S. Dennison, M.L.S. (Kent State University)
  • Head of Bibliographic Access
  • Andrew Dorchak, M.L.S. (Kent State University)
  • Head of Reference
  • Betty J. Harris
  • Registrar
  • Mary Hudson, M.L.S. (Indiana University, Indianapolis)
  • Associate Director for Technical Services
  • D.R. Jones, J.D. (Mercer University), M.L.S. (University of Washington)
  • Associate Director for Public Services
  • Judith A. Kaul, M.S.L.S. (Case Western Reserve University)
  • Technology and Reference Librarian
  • Kathleen Kobyljanec, J.D. (Cleveland State University), M.L.S. (Kent State University)
  • Serials Librarian
  • Pat Kost, M.B.A. (Cleveland State University)
  • Director of Finance and Administration
  • Lisa Peters, J.D. (Georgetown University), M.L.S. (Rutgers University)
  • Access Services Librarian
  • Jay A. Ruffner, B.S. (Case Western Reserve University)
  • Student Finances Administrator
  • Adria J. Sankovic, M.A. (Case Western Reserve University)
  • Assistant Director, LL.M. U.S. Legal Studies
  • Piper von Gal, M.A. (Ohio State University)
  • Director of Career Services
  • Anne-Marie E. Wolanin, M.A. (Saint Louis University)
  • Director of Admissions

    • Faculty

  • Gerald Korngold, J.D. (University of Pennsylvania)
  • Dean and Everett D. and Eugenia S. McCurdy Professor of Law
  • Bryan L. Adamson, M.A. (Purdue University), J.D. (Case Western Reserve University)
  • Associate Professor of Law, Milton A. Kramer Law Clinic Center, and Assistant Dean for Student Services
  • Arthur D. Austin II, LL.B. (Tulane University)
  • Edgar A. Hahn Professor of Law
  • Jessica W. Berg, J.D. (Cornell University)
  • Assistant Professor of Law and Bioethics
  • David J. Carney, J.D. (University of Michigan)
  • Instructor in Law, Research, Analysis, and Writing Program
  • Kathleen M. Carrick, M.L.S. (University of Pittsburgh), J.D. (Cleveland State University)
  • Associate Professor of Law and Director of the Law Library
  • Laura Brown Chisolm, J.D. (Case Western Reserve University)
  • Professor of Law
  • Hiram E. Chodosh, J.D. (Yale University)
  • Professor of Law
  • Ronald J. Coffey, LL.B. (University of Cincinnati), LL.M. (Harvard University)
  • Professor of Law
  • George W. Dent, Jr., J.D. (Columbia University), LL.M. (New York University)
  • Schott-van den Eynden Professor of Law
  • Melvyn R. Durchslag, J.D. (Northwestern University)
  • Professor of Law
  • Jonathan L. Entin, J.D. (Northwestern University)
  • Professor of Law and Political Science
  • Peter B. Friedman, J.D. (University of Michigan)
  • Instructor in Law, Research, Analysis, and Writing Program
  • Leon Gabinet, J.D. (University of Chicago)
  • Executive Director of the Graduate Tax Program
  • Peter M. Gerhart, J.D. (Columbia University)
  • Professor of Law
  • Paul C. Giannelli, J.D. (University of Virginia), M.S.F.S. (George Washington University), LL.M. (University of Virginia)
  • Albert J. Weatherhead III and Richard W. Weatherhead Professor of Law
  • Jonathan Gordon, J.D. (Columbia University)
  • Instructor in Law, Research, Analysis, and Writing Program
  • Michael Heise, J.D. (University of Chicago), Ph.D. (Northwestern University)
  • Professor of Law
  • Katherine Hessler, J.D.(College of William & Mary: Marshall-Wythe School of Law), LL.M. (Georgetown University Law Center)
  • Associate Professor, Milton A. Kramer Law Clinic Center
  • Sharona Hoffman, J.D. (Harvard University), LL.M. (University of Houston)
  • Assistant Professor of Law
  • Erik M. Jensen, M.A. (University of Chicago), J.D. (Cornell University)
  • David L. Brennan Professor of Law
  • D.R. Jones, J.D. (Mercer University), M.L.S. (University of Washington)
  • Instructor in Law and Associate Director for Public Services
  • Peter D. Junger, LL.B. (Harvard University)
  • Professor of Law
  • Lewis R. Katz, J.D. (Indiana University)
  • John C. Hutchins Professor of Law and Director of the Graduate Program for Foreign Students in U.S. Legal Studies
  • Juliet P. Kostritsky, J.D. (University of Wisconsin)
  • John Homer Kapp Professor of Law
  • Robert P. Lawry, Diploma in Law (Oxford University), J.D. (University of Pennsylvania)
  • Professor of Law and Director of the Center for Professional Ethics
  • Wilbur C. Leatherberry, J.D. (Case Western Reserve University)
  • Professor of Law
  • Judith P. Lipton, M.S.S.W. (University of Wisconsin), J.D. (University of Connecticut)
  • Professor of Law, Milton A. Kramer Law Clinic Center
  • James W. McElhaney, LL.B. (Duke University)
  • Joseph C. Hostetler Professor of Law
  • Louise W. McKinney, J.D. (Case Western Reserve University)
  • Professor of Law, Milton A. Kramer Law Clinic Center
  • Kevin C. McMunigal, J.D. (University of California, Berkeley)
  • Professor of Law
  • Kenneth R. Margolis, J.D. (Case Western Reserve University)
  • Professor of Law, Milton A. Kramer Law Clinic Center
  • Maxwell J. Mehlman, J.D. (Yale University)
  • Arthur E. Petersilge Professor of Law and Director of the Law-Medicine Center
  • Kathryn Sords Mercer, M.S.S.W., J.D., Ph.D. (Case Western Reserve University)
  • Instructor in Law, Research, Analysis and Writing Program
  • Andrew P. Morriss, J.D., M.Pub.Aff. (University of Texas), Ph.D. (Massachusetts Institute of Technology)
  • Professor of Law and Associate Professor of Economics
  • Spencer Neth, J.D., LL.M. (Harvard University)
  • Professor of Law
  • Sidney I. Picker, Jr., LL.B. (Stanford University), LL.M. (Yale University)
  • Professor of Law
  • Morris G. Shanker, M.B.A., J.D. (University of Michigan)
  • Professor of Law
  • Calvin Sharpe, J.D. (Northwestern University), M.A. (Chicago Theological Seminary)
  • John Deaver-Drinko/Baker & Hostetler Professor of Law
  • Ann Southworth, J.D. (Stanford University)
  • Professor of Law
  • Robert N. Strassfeld, M.A. (University of Rochester), J.D. (University of Virginia)
  • Professor of Law
  • Secondary Faculty
  • Kenneth F. Ledford, J.D. (University of North Carolina), M.A., Ph.D. (The Johns Hopkins University)
  • Associate Professor of History and Law
  • Theodore L. Steinberg, Ph.D. (Brandeis University)
  • Associate Professor of History and Law

    • Adjunct Faculty

  • Thomas I. Hausman, J.D. (Ohio State University), LL.M. (New York University)
  • Adjunct Professor of Law and Administrative Director of the Graduate Tax Program
  • Henry T. King, Jr., LL.B. (Yale University)
  • Adjunct Professor of Law and U.S. Director of the Canada-U nited States Law Institute

    • Admission

    This section relates to the J.D. programs; see below for information regarding admission to LL.M. programs. For complete information about admission policies and procedures, and about the law program generally, see the law school's current admissions bulletin, which the school's Office of Admissions will mail on request.

    Admission Policy

    Since the School of Law receives many more applications than there are places in the first-year class, the admissions process must be selective. The objective is to enroll a class that 1) is diverse and 2) will more than likely do very well in a rigorous law program. The admissions committee looks carefully at such indicators as undergraduate grade point average and Law School Admission Test (LSAT) score, but it weighs other, non -quantitative factors into the decision.

    The school particularly encourages applications from people of color and others underrepresented in the legal profession, as well as from older students. The admissions committee will consider with sensitivity any information about a candidate's special circumstances.

    The school receives applications as early as September for admission in the following fall. The earlier the application, the greater the chance of a scholarship. Beginning in January, the admissions office takes action on the applications that clearly meet or clearly fail to meet the selection criteria. As decisions are made, applicants are notified. Most decisions are made between January 1 and May 1. At that point the class is filled, and the office starts a waiting list of candidates with acceptable credentials. As vacancies occur up to the date of registration, the best qualified candidates are drawn from the list.

    Admission Requirements

    Admission to Regular Standing

    In order to enroll as a candidate for the Juris Doctor (J.D.) degree, a student must have a bachelor's degree from an accredited institution. Every applicant must have taken the Law School Admission Test (LSAT) and must have registered with the Law School Data Assembly Service (LSDAS) before the application deadline.

    Admission to Advanced Standing

    Students currently enrolled in accredited law schools may apply for admission with advanced standing. They must complete four semesters in residence at Case Western Reserve to receive the J.D. degree.

    Admission as a Visitor

    We accept students enrolled at other law schools who wish to take courses at Case Western Reserve for credit toward their own school's degree requirements. Such students must submit a letter from their dean indicating that they are in good standing and that the other law school will accept the academic credits from Case Western Reserve.

    Financial Information

    See "Financial Information" section of this bulletin.

    Academic Programs

    Juris Doctor (J.D.) Degree

    The School of Law offers the Juris Doctor (J.D.) degree as well as dual degree programs (see below). The J.D. degree requires successful completion of 88 credit hours.

    The first-year program for the J.D. degree consists mainly of the required basic courses. In addition, in the spring semester students select a 3-credit elective course; the menu of first-year "perspectives" courses varies from year to year.

    Fall Semester Required Courses

  • LAWS 123, Contracts (5)
  • LAWS 131, Criminal Law (3)
  • LAWS 132, Torts (4)
  • LAWS 151, Research, Analysis, and Writing I*

    • Spring Semester Required Courses

  • LAWS 103, Constitutional Law I (4)
  • LAWS 104, Civil Procedure (4)
  • LAWS 144, Property (4)
  • LAWS 152, Research, Analysis, and Writing II*

    • In the second year every student must take LAWS 375, Professional Responsibility (3). Otherwise, the curriculum is elective after the first year. As a requirement for graduation, every student must complete a substantial research paper.

    Interdisciplinary Programs

    For complete information about dual degree programs, consult the law school's Student Handbook (available from the registrar).

    J.D/M.B.A.

    A dual degree program between the School of Law and the Weatherhead School of Management allows students to earn two degrees in four years. Students spend the first year in one school and the second year in the other. Once the required courses are behind them, they spend the third and fourth years taking electives at both schools. Five areas of law-management specialization have been approved by the two schools: international business, health systems management, corporate finance, banking and investment, and labor and industrial relations.

    J.D./M.S.S.A.

    Together, the School of Law and the Mandel School of Applied Social Sciences offer a four-year program in law and social work. Students take the basic required courses in both schools and then have considerable flexibility in pursuing their particular interests and preparing themselves for different careers. Besides their time in the classroom, students gain practical experience in internships.

    J.D./M.N.O.

    A 4-year program combining the J.D. with a master's degree in nonprofit organizations is offered in cooperation with the university's Mandel Center for Nonprofit Organizations. Housed in the Mandel School of Applied Social Sciences, which has long been noted as a training ground for administrators of nonprofits, the center is cosponsored by MSASS, the School of Law, and the Weatherhead School of Management.

    J.D./M.D.

    The School of Law and the School of Medicine offer a dual degree program that allows a student to complete both degrees in six years. A student who begins at the law school spends two years studying law,

    then four years studying medicine. Alternatively, a student may spend the first two years and the last two years at the medical school, and the two middle years at the law school.

    J.D./M.A. (Bioethics)

    The School of Law and the Center for Biomedical Ethics make it possible for a student to earn two degrees in seven semesters, or in six semesters plus two summer sessions. Typically a student begins with a year of law study.

    J.D./M.A. (Legal History)

    Enrolling in both the law school and the School of Graduate Studies, a student can study law and legal history and earn the two degrees in seven regular semesters or six semesters plus two summers.

    Graduate School Option

    Students in the School of Law may take up to nine hours of courses in the other graduate and professional schools of Case Western Reserve University and have such courses counted for credit toward the J.D. degree.

    LL.M. in United States Legal Studies

    The LL.M. in U.S. legal studies is designed for graduates of foreign law schools who wish to spend an intensive year immersed in American legal education. LL.M. candidates take most courses with American J.D. candidates and have seminars with American lawyers. Degree requirements include 24 course credits (including LAWS 570, Foreign Graduate Seminar) and satisfactory completion of a major research paper. Students from civil law countries must take LAWS 595, American Contract Law, and students whose command of English is deficient will be required to take an English language course. LAWS 263, Doing Business in the U.S., is an elective available only to LL.M. students.

    Each student's courses will be determined by the program director in consultation with the student and will be based on the student's prior legal education and interests. After completion of the degree requirements, students may elect to spend a summer internship with a law firm or corporate legal department in the United States. Further information and admission materials may be requested from Professor Lewis R. Katz, Director of the LL.M. in U.S. Legal Studies.

    LL.M. in Taxation

    The School of Law offers the LL.M. degree in taxation to qualified candidates who hold the J.D. degree. Candidates for the LL.M. must complete 24 credit hours at the 600 level; the selection of courses will depend on the candidate's prior legal education and experience. Students may complete the LL.M. in one academic year or may enroll part time; the schedule of courses accommodates persons regularly employed. Classes are also open to qualified persons (such as accountants) who do not hold the J.D. degree and thus cannot be candidates for the LL.M. Further information and admission materials may be requested from Professor Thomas I. Hausman, Administrative Director of the LL.M. in Taxation.

    The Library

    The library's holdings include more than 350,000 books and volume-equivalents, complete collections of federal and state law, law reviews, current law services, an extensive British and Commonwealth collection, and special collections in taxation, labor law, foreign investments, international law, and environmental law. The library is building strong collections in law and medicine and in the law of the European Union. It is a selective depository for both U.S. and Canadian government documents.

    The library offers its users an ever-expanding list of electronic research databases. As of January 1998, they include Lexis/Nexis, Westlaw, Dialog, QL, RLIN, GPO Access, over 30 OhioLINK databases (including Index to Legal Periodicals, CIS Congressional Compass, Bioethics Line, and Hannah Online Capitol Connection) and more than 100 CD-ROM databases via the CWRU network (including LegalTrac, Westlaw Federal Taxation Library, Justis European References, Shepard's Ohio Citations, Ageline, Westlaw

    Federal Taxation Library, West's Ohio Practice Library, Hein's U.S. Treaty Index, Matthew Bender Law Libraries, ALR LawDesk, BNA's Environmental Law Reporter, Health Care Financing Administration Regulations, and UCCSearch). Housed within the library are two computer laboratories and a computer training classroom.

    SPECIAL PROGRAMS

    Professional Skills Programs

    Milton A. Kramer Law Clinic

    The Supreme Court of Ohio authorizes student practice under attorney supervision in the final year of law school. Through the clinic, students provide legal representation to indigent clients and receive academic credit. The supervising attorneys are full-time members of the law faculty. In addition to the general courses in civil practice and criminal practice, the clinic offers specialized courses in family law and health law.

    Litigation Program

    Since the mid-1970s, the School of Law has invested heavily in its litigation program. Students practice the basic skills of trial advocacy in such courses as LAWS 397 Trial Tactics (4), and in the co-curricular moot court and mock trial programs.

    Frederick K. Cox International Law Center

    The International Law Center serves as the stimulus for enhancing programs in international, comparative, and transnational law at the law school. It supports visiting scholars and visiting faculty at the law school to enrich the curriculum and research capacity of the resident faculty. It also supports the development of international information resources. Through a series of sister law school relationships, it seeks to attract foreign students to the law school and provide opportunities for CWRU law students to study abroad; it also provides opportunities for faculty to study and teach abroad.

    Canada-United States Law Institute

    The Canada-U.S. Law Institute, established in 1976, is jointly sponsored by the law schools of Case Western Reserve University and the University of Western Ontario. Its primary educational purpose is to give students of both schools a comparative perspective on their own country's legal system. Each semester, up to six students from each school spend the term in residence at the other school. The school in which the student is a degree candidate gives full credit for the semester's work. The two schools also exchange faculty, usually for periods of one or a few days, but occasionally to teach one or more courses for a full semester.

    A second purpose of the institute is to provide a framework for the exploration of transnational and international legal issues affecting the relationship between Canada and the United States. In addition to the regularly scheduled courses on Canadian-U.S. topics, the institute sponsors workshops and conferences, including annual conferences in Cleveland which, in recent years, have dealt with Canadian-U.S. economic ties.

    The institute also sponsors a regular publication, the Canada-U.S. Law Journal; the annual Niagara Moot Court Competition, in which students from U.S. and Canadian law schools participate; and special research projects, often with funding support.

    Law-Medicine Center

    The Law-Medicine Center at Case Western Reserve University has been in operation for more than 40 years. It began with a focus on forensic medicine, but that has broadened to include the whole range of legal, social, economic, scientific, and ethical issues in which law and medicine are interrelated. Besides the regular course offerings, the center frequently presents lectures, symposia, and workshops, and it sponsors major conferences. It publishes a student-edited journal, Health Matrix: Journal of Law-Medicine. Participants in the center's activities include not only university personnel, but also professionals from such institutions as

    University Hospitals and the Cleveland Clinic.

    Student Activities

    Publications

    The School of Law publishes three scholarly journals, all student-edited. The oldest is the Case Western Reserve Law Review, published quarterly. The Journal of International Law is published two to three times a year; the JIL editorial board also has responsibility for the Canada-U.S. Law Journal (sponsored by the Canada-U.S. Law Institute), published once a year. Health Matrix began as a joint undertaking of all six of CWRU's professional schools but since 1990 has been sponsored solely by the law school and its Law -Medicine Center.

    Competitions

    Moot Court

    A student board administers the Dean Dunmore Competition, a yearlong program in which second-year (and a very few third-year) students participate. It culminates in a round-robin tournament involving 16 finalists. From those finalists, the board selects teams who will compete in the following year in the National Moot Court Competition, the Craven Competition in constitutional law, and the Niagara Competition (sponsored by the Canada-U.S. Law Institute). CWRU also enters the Jessup International Competition; that team is selected by another student group, the Society of International Law Students.

    Mock Trial

    The Jonathan M. Ault Mock Trial Board sponsors an intramural competition from which emerge the members of interscholastic teams. Currently the law school sends student representatives to the National Trial Competition, the National Student Trial Competition of the Association of Trial Lawyers of America, and a competition sponsored by the Academy of Trial Lawyers of Allegheny County, Pennsylvania.

    Regulations and Rules of Conduct

    The Academic Regulations of the School of Law are published annually in a Student Handbook that is distributed to every student. Copies are available on request from the school's registrar.

    In addition to the University's rules of conduct, law students are expected to comply with the American Bar Association's Model Code of Professional Responsibility and Model Rules of Professional Conduct, to the extent that these are applicable, and with the law school's own Code of Conduct. The Model Code and Model Rules are available in the law library. The school's Code of Conduct, like the Academic Regulations, is published in the Student Handbook.

    Law (LAWS)

    LAWS 001. Comparative Law and Religion Seminar (3)

    LAWS 002. Education Law Seminar (3)

  • This seminar will build upon the foundation established by the first-year curriculum and focus on selected legal topics relating to education law and policy with a particular emphasis on constitutional (federal and state) issues. Such legal topics will include (but are not limited to) the regulation of educational institutions; student, teacher, and parental rights; equal educational opportunity; school finance; and the federal role in education. Enrollment is limited to 12. Grade is based on a presentation and a paper.
  • LAWS 003. Reproductive Law and Ethics Seminar (3)
  • LAWS 004. Settlement Law Seminar (2-3)
  • Theory and practice of settlement of disputes. Matters to be considered include: the practical issues of how one negotiates the settlement and drafts settlement documents; the theoretical issues of why some cases settle and why some do not; the appropriate role of judges and mediators in facilitating settlements; and the
  • procedural and substantive law affecting the settlement of lawsuits. Grade is based on a presentation and a paper. Enrollment is limited to 12.
  • LAWS 005. Federalism Seminar (3)
  • Explores the constitutional relationships between the federal government and the states. Through additional exposure to pertinent case law and concentrated study of early historical materials in addition to scholarly writings, the seminar builds on the basic Constitutional Law course and is designed to give students a deeper understanding of the dimension and complexity of our federal system. Topics will include the reason for a federal rather than a unitary or centralized governmental system, and how a system of divided political authority imposes restraints on federal and state legislative and judicial authorities. By way of contrast, the seminar may also explore how other countries administer federal systems and, in this country, the difference between federal/state federalism and state/local federalism.
  • LAWS 006. Legal History of European Union Seminar (3)
  • Introduction to the history, development, and present structure of the legal system of the European Union from the ECSC in 1951, through the Treaty of Rome in 1957, to the Treaty of Amsterdam in 1997. "Constitutional" structures and institutions of the European Union, including the emergence of a binding jurisprudence from the European Court of Justice. General interpretive principles emanating from the European civil law tradition, such as the doctrines of subsidiarity and proportionality. The public law of the European Union, the "four freedoms," human rights, and equal treatment of women and men. Private law rights emergent not only from treaty and parliamentary enactment but from Union jurisprudence. The seminar will concentrate on the historical and economic context, but legal doctrine and practice will also be considered.
  • LAWS 007. Regulation of the Political Process Seminar (3)
  • Laws that regulate elections, campaigns, and other aspects of the democratic process. Specific topics include campaign finance reform, political parties, the right to vote, and direct democracy. Prerequisites: LAWS 103 and LAWS 202.
  • LAWS 009. Business Law Research Seminar (2)
  • LAWS 103. Constitutional Law I (4)
  • The constitutional system of the United States; judicial function in constitutional cases; the division of powers between the nation and the states and within the national government; the powers of the president; national and state citizenship; and constitutional limitations on the powers of the states and nation for the protection of individual liberties. Required.
  • LAWS 104. Civil Procedure (4)
  • A broad survey of the procedural development of a lawsuit is undertaken, tracing the various steps from pleading and discovery to trials and judgments. Modern procedural issues involved in jurisdiction of the courts, venue, choice of law, and former adjudications are discussed. Throughout the course principal attention is given to the Federal Rules of Civil Procedure. Required.
  • LAWS 123. Contracts (5)
  • The formation of a contract; problems of offer and acceptance; consideration; the question of contract breach; damages and remedies for a breach. Required.
  • LAWS 131. Criminal Law (3)
  • A basic course in substantive criminal law, dealing with the standards to be used in defining and punishing criminal behavior. The course includes discussion of crimes and criminality; culpable mental states; causation; insanity; attempt and complicity; homicide; and rape. Required.
  • LAWS 132. Torts (4)
  • This course covers compensation of an injured party for harm resulting from intentional or unintentional acts
  • and omissions of others. Consideration is given to the rules, rationale, and policy underlying tort liability. The course includes analysis of assault and battery, false imprisonment, negligence, standard of care, duty, risk, causation, liabilities and rights of landowners and land users, liability relating to dangerous activities and defective products, liabilities arising from special relationships or specially recognized legal interests, and defenses. Required.
  • LAWS 144. Property (4)
  • The nature of property interests; estates in land and future interests; concurrent ownership; landlord-tenant; transfer of property interests; easements, covenants, and equitable servitudes; nuisance; and zoning. Required.
  • LAWS 151. Research, Analysis, and Writing (2)
  • Both semesters must be completed before credit is given. Students are introduced to the methods and formats of written legal analysis and to both manual and computerized legal research. Writing assignments include objective memoranda of law, pleadings, motions, and persuasive briefs. Required.
  • LAWS 152. Research, Analysis, and Writing (1)
  • Continuation of LAWS 151. Both semesters must be completed before credit is given. Required.
  • LAWS 202. Constitutional Law II (3)
  • This course explores the individual freedoms protected by the First Amendment. Primary attention is devoted to the freedoms of speech, assembly, and association. The course analyzes what is protected, why it is protected, and to what degree it is protected. Topics covered include prior restraint, advocacy of unlawful conduct, the hostile audience, defamation, commercial speech, obscenity, offensive speech, expression on public property, and symbolic speech.
  • LAWS 203. Business Associations I (3)
  • This course first deals at some length with the policies and dimensions of the doctrines of vicarious liability (liability for the wrongs of another) and authority (being bound by the assent or representation of another). The discussion then moves to questions of an intermediary's or employee's duties of obedience, due care, and loyalty. Against this background, the statutory approaches of the Uniform Partnership Act and the Uniform Limited Partnership Act are developed and analyzed.
  • LAWS 204. Business Associations II (4)
  • This course is an elaboration of "corporateness" as a mode of business asset ownership and management. The functions and relationships of corporate enterprise participants, primarily promoters, shareholders, creditors, and managers, are fully investigated. The course first covers preorganizational problems and fundamental concepts of corporate financing. It then canvasses the roles of ownership and management, with emphasis on the special duties (fiduciary and other) imposed on certain participants. Careful attention is paid to the allocation of prerogatives among those most intimately involved in corporate life. The discussion examines and tests the traditional view of directors as the repositories of everyday management power and shareholders as the possessors of a theoretical franchise to select management, veto fundamental changes, and enforce management responsibilities. Maintenance of the capital structure for the protection of creditors and shareholders is treated in connection with problems of recapitalization and distribution. State statutory themes are taken in the context of the ALI-ABA Model Business Corporation Act. Threads of the federal corporate regimen being developed under the aegis of the securities laws are woven throughout the course fabric. Throughout the discussion, distinctions are drawn between the requirements and policies applicable to close and to publicly held corporations.
  • LAWS 206. Corporate Tax Problems (3)
  • This is an advanced income tax course limited primarily to study and analysis of Subchapter C of the Internal Revenue Code. The course is intended to provide the student with a comprehensive background in taxation of
  • corporations and shareholders, including the tax treatment of dividends, redemptions, corporate reorganizations, and liquidations. Prerequisite: LAWS 211.
  • LAWS 207. Evidence (3)
  • This is a comprehensive course in the law of evidence as applied in civil and criminal cases. Subjects include relevance, direct and cross-examination, impeachment, character, expert and lay opinion testimony, and hearsay. A problem-oriented approach is used to highlight both the practical applications and theoretical underpinnings of rules of evidence. Students may not take both LAWS 207 and LAWS 212.
  • LAWS 210. Family Law (3)
  • This survey course covers law relating to the creation, functioning, and dissolution of the family as a legal unit. Topics include legitimacy, adoption, procreative rights, cohabitation, marriage, family obligations, division of marital property, divorce and annulment, and child custody. Particular attention is given to the social forces that affect the development of rules and policies.
  • LAWS 211. Federal Income Tax (4)
  • An introductory course in federal income taxation of the individual taxpayer, including a consideration of the nature of income, specific statutory exclusions, business and nonbusiness deductions, the treatment of capital gains and losses, and elementary tax accounting.
  • LAWS 212. Evidence (4)
  • A comprehensive course in the law of evidence as applied in civil and criminal cases. Subjects include relevance, hearsay, judicial notice, privileges, examination of witnesses, expert and lay opinion testimony, and real, demonstrative, and scientific evidence. This course deals with both the practical applications and theoretical underpinnings of the Federal Rules of Evidence and common law precedents. Students may not take both LAWS 207 and LAWS 212.
  • LAWS 214. Scientific Evidence Seminar (3)
  • The legal issues associated with the use of scientific evidence at trial. It examines the admissibility of scientific evidence, expert testimony, and related issues. In addition, it considers specific techniques such as forensic pathology, fingerprint comparison, firearms identification, bite mark comparisons, questioned document examinations, and polygraph and DNA evidence testing. Outside experts are used to present many of the topics. May satisfy the writing requirement.
  • LAWS 215. International Law (3)
  • Examines the basic international legal processes (including the fundamental principles, international dispute resolution processes, the sources of international law, the subjects of the international legal system, nationality and jurisdiction) as well as the role and status of international law within the United States legal system. Throughout the course, use is made of contemporary international problems.
  • LAWS 217. Juvenile Law (2)
  • The role of the juvenile court in society: its jurisdiction, procedures, and dispositional alternatives. Students study both the quasi-criminal aspects of the juvenile court (jurisdiction over juvenile delinquents and status offenders) and the civil-protective aspects of the court (termination of parental rights and the handling of neglected, dependent, and abused children). In addition, the rights afforded juveniles are compared with the rights afforded adults in comparable circumstances. Many related juvenile justice issues, such as the right of a minor female to have an abortion without parental notice and the constitutionality of capital punishment for juvenile offenders, are also examined.
  • LAWS 219. Workers' Compensation (2)
  • Workers' compensation law has a statutory basis which continues to evolve through judicial decisions. The statutes deal with benefits for work-connected injury and disability. Course material is national in scope with an emphasis on recent Ohio cases. The course also touches on related areas of law, such as torts.
  • LAWS 220. Civil Law and Psychiatry (2)
  • The interaction between law and psychiatry and its effects on patient rights, institutional care, guardianship, psychiatric malpractice, suicide, psychic damages, and child abuse and custody. Students will test the analysis of legal issues against actual experience (videotaped interviews, visit to a state mental hospital). The course is jointly taught by a psychiatrist and an attorney specializing in mental health law.
  • LAWS 222. The Health Care Professions (2)
  • Offered pass/no credit. Recommended for students interested in health law who do not have a medical background. The history of medicine, the scientific method, techniques for researching medical and scientific questions, basic human anatomy and physiology, and an overview of medical training and practice. Prerequisite or co-requisite: LAWS 227.
  • LAWS 224. Global Perspectives (3)
  • An introduction to basic comparative, transnational, and international law disciplines. Using areas of substantive and procedural law familiar to first-year students, the course examines issues arising from cross -national activity. Students are exposed to choice of law, comparative law, international law, and international institutions.
  • LAWS 225. Criminal Law and Psychiatry (2)
  • The interaction between criminal law and psychiatry: psychiatric diagnosis and treatment, competence to stand trial, the insanity defense, malingered mental illness, infanticide, sexual psychopath laws, and direct and cross-examination of mental health experts. Videotaped examples serve as a basis for discussion. A visit to the Justice Center Court Psychiatric Clinic is included. The course is taught jointly by a psychiatrist and an attorney specializing in mental health law.
  • LAWS 227. Health Law (3)
  • The course examines the nature and structure of the health care system; the relationship between patient, provider, and payer; private legal controls on health care delivery such as malpractice and informed consent law; and public controls in the form of government regulatory and payment programs. Cross-listed as HSMC 427.
  • LAWS 229. Patent Law (2)
  • Basic concepts of patent law as property considered primarily in its substantive aspects, including the relationship to other forms of protection and intellectual property, infringement, and statutory requirements for patents.
  • LAWS 232. Wills, Trusts, and Future Interests (4)
  • A survey of the law of intestate and testate succession, will substitutes, private and charitable trusts, fiduciary administration, and future interests (including the Rule Against Perpetuities).
  • LAWS 234. Nonprofit Organizations (3)
  • Explores the rationales for the existence of the nonprofit sector and the allocation of certain functions to it. The focus is on the legal framework for the structure and operation of nonprofit organizations under state nonprofit corporation statutes and the policy and practice of preferred tax treatment for selected organizations and gifts to them under the Internal Revenue Code.
  • LAWS 236. Natural Resources (3)
  • An introduction to the law of natural resources with emphasis on private rights rather than resources in the public domain. Major themes will include: how the common law deals with rights in another's land; problems of common pool resources, their ownership, and regulation; different legal treatment of renewable and nonrenewable resources; legal structures available for the exploitation of natural resources. Primary focus will be on water, oil, and gas, but the legal issues of other extractive industries will also be considered.
  • LAWS 238. Mergers and Acquisitions (3)
  • Topics include the corporate and securities law governing various forms of mergers and acquisitions; business motivations for mergers; concerns of acquiring and acquired companies in friendly mergers; bidders' techniques and targets' defenses in hostile tender offers and proxy contests; valuation of businesses and investments, portfolio theory, and capital markets; concerns of companies and investors in negotiating corporate financing. Prerequisite: LAWS 204.
  • LAWS 240. Computing and the Law (3)
  • Deals primarily with intellectual property issues: the patentability and copywritability of software and the protection of interests in software by contract or by treating it as a trade secret. Issues relating to the risks of distributing computer software (i.e., the risks of products' liability for computer software) will also receive considerable attention. Some time will be spent on the legal issues that arise when computers are interconnected by networks. Since many of the legal issues relating to computers arise because courts and lawyers do not understand how computers work and what they can and cannot do, the course begins with basic instruction in such matters as registers, central processing units, logic gates, and computer languages; this portion of the course includes ungraded homework assignments.
  • LAWS 244. Poverty, Social Inequality, and the Law (3)
  • An overview of the way the law impacts on disadvantaged people, and the law that supports advocacy on behalf of them. Students will learn about legal problems that are common to poor people and identify potential solutions. The course will analyze the effectiveness of various legal interventions such as administrative advocacy, legislative advocacy, and litigation (including individual and class representation) in various contexts. Past and current means of using and changing the law on behalf of low-income people will be studied. Students will analyze the responsibilities of lawyers to represent low-income clients. Many of the concepts will be taught through the use of case studies; a client interview will be conducted.
  • LAWS 245. Complex Litigation (2)
  • Analysis of key issues typically encountered in complex civil litigation including substantive implications of seemingly procedural choices. Class actions, multidistrict litigation, joinder and consolidation. Exploration of practical and ethical issues encountered in complex civil litigation.
  • LAWS 247. International Human Rights (3)
  • The course considers the role of human rights in a period of transition to a democratic system. This issue has been absolutely critical in newly democratic nations throughout the world. We will look at such subjects as access to secret police files, the role of criminal punishment, the eligibility of candidates for public office, and the role of "truth commissions." Countries under examination will include Argentina, the Czech Republic, Germany, Poland, and South Africa.
  • LAWS 248. Criminal Procedure II (2)
  • The adjudicatory stage of the criminal process. Pretrial release, preliminary hearings, grand jury practice, speedy and public trial, discovery, right to jury trial, guilty pleas, right to counsel, and double jeopardy are examined. Prerequisite: LAWS 327.
  • LAWS 249. Comparative Constitutional Law Seminar (3)
  • The seminar deals with constitutional law and adjudication in a comparative context. It offers an analysis of judicial review and its position in the modern world. It explores certain structural and functional differences among national systems of judicial review and discusses the relatively recent phenomenon of judicial review at the supranational level, particularly as it has emerged in Europe. May satisfy the writing requirement.
  • LAWS 250. Trends and Tensions in Legal Education (3)
  • Focuses on critical legal studies; analyzes CLS impact or influence on critical race theory and feminist jurisprudence; covers deconstruction and its use as a method of criticism. May satisfy the writing requirement.
  • LAWS 251. Employment Law (3)
  • This course examines employer-employee relations in non-union settings. Topics include wrongful discharge, occupational safety and health regulation, minimum wage, and workplace privacy issues. The course emphasizes written work, including advanced legal research training. Minimal overlap with Labor Law (LAWS 359) and Discrimination in Employment (LAWS 328).
  • LAWS 253. European Community Law (3)
  • After a brief introduction to the institutions and organs of the European Community, the legal aspects of the internal operations of the Community will be discussed. Special emphasis will be placed on the external impact of Community law, for example, its trading rules, company law, and business competition law, as well as its rules governing the free movement of goods, services, capital, and persons. The concept of European citizenship will also be dealt with.
  • LAWS 257. English for Foreign Graduate Law Students (3)
  • This course is designed to teach English compositional skills and grammar for legal studies. With an English -as-a-second-language focus, this course will seek to teach students the various steps of the writing process, English grammar, and certain aspects of legal composition. The main goal of this course is to enable students to write clearly and correctly within U.S. legal studies and the U.S. legal work place. The course will meet twice a week for one hour. Students will be required to take this course based on a written exam administered at the beginning of the semester. Students must receive a grade of at least a C to pass out of the course.
  • LAWS 258. Business Torts (3)
  • This course builds on the foundation provided by Torts and focuses on the application of torts doctrines in the business context. Emphasis is placed on such topics as interference with economic relations, marketplace falsehoods, intangible assets, appropriation, and false light. Grade is based on a final examination.
  • LAWS 261. Business Associations (5)
  • LAWS 262. Appellate Advocacy (2)
  • The goal of the course is to teach students how to handle an appellate case. It examines appellate practice and procedure through reading materials, lectures, discussions, and simulations. Students are assigned to small groups to develop their advocacy skills through simulation exercises and critique. Credit will be awarded only to students who also participate in the Dunmore Moot Court Competition in the spring semester.
  • LAWS 264. International Organizations (3)
  • Deals with legal issues surrounding some common characteristics of intergovernmental organizations having wide membership, with an emphasis on the United Nations systems. Many of the issues are constitutional or procedural; that is, they have to do with the powers of, and restrictions upon, the organizations or their members as set forth in the constituent instruments of the organizations or as developed in practice. Issues such as eligibility for membership and termination thereof, rights and obligations of members, dispute resolution, and legislative procedures will be addressed comparatively. The growth of international law through intergovernmental organizations is also addressed.
  • LAWS 265. Health Care and the Constitution (3)
  • The seminar will examine a variety of health care issues that raise constitutional law questions. The course will focus on the following questions: (1) whether a constitutional right to health care exists, (2) what constitutional principles justify the state's involvement in health care, and (3) how conflicts between individual liberty and state interests should be resolved. In analyzing these questions the class will address several contemporary issues including the right to parents to refuse medical treatment for a child on religious grounds, mandatory HIV and drug or alcohol testing, reproductive rights, maternal-fetal conflicts, assisted suicide, national DNA data banking, and others. Grade is based on a presentation and paper. Enrollment is limited to 12.
  • LAWS 266. Sales and Secured Financing (4)
  • A concentrated survey of the law relating to the sale and lease of goods and secured financing. (1) Sales. The primary focus will be on the law relating to the sale of goods in commercial setting, i.e., Article 2 of the Uniform Commercial Code. Some attention will be given to the United Nations Convention on the International Sale of Goods. Considerable attention will also be given to consumer sales issues, e.g., the Uniform Consumer Sales Practices Act and similar legislation. There will be some coverage of leasing of goods under Article 2A of the UCC. (2) Secured Financing. Personal property security interests under Article 9 of the UCC will be examined in considerable depth. Real property mortgages will not be covered. Not open to students who are taking or have taken Sales (LAWS 381) or Property Security (LAWS 377). Students taking this course are precluded from subsequently taking either of those courses.
  • LAWS 267. Products Liability (2)
  • Explores in depth the liability of manufacturers and sellers for physical injury to persons or property caused by defective products. The relevant law includes UCC warranty provisions, Restatement of Tort (Second) section 402A and other tort law, state "tort reform" statutes, and federal and state statutes regulating product safety, such as the FDA and the Consumer Product Safety Act. The course will also examine proposals to "reform" the law of products liability.
  • LAWS 268. Death Penalty Law and Process (2)
  • The course offers a review of the death penalty process, theory, and law from trial through execution, including examination of state laws and federal habeas corpus law. The course focuses on the legal principles implicated by the death penalty and also examines the social issues it raises including the social/legal arguments against the death penalty, race and gender issues, and the influence of political and other factors on the process. Prerequisite: LAWS 327.
  • LAWS 274. Community Development Law (2)
  • An examination of the law of economic and land development in underserved and deteriorated areas. Legal issues related to business organization, financing, real estate development, governmental programs, and regulation and taxation (among other areas) will be covered. Topics include background of urban deterioration, governmental and private sources of assistance, organizing the developing entity, financing the project, governmental programs, tax policy and programs, land assemble, and administration of developments.
  • LAWS 275. Fundamentals of Law Practice Management (2)
  • An overview of the components of a successful practice. Applicable to practices of any type and size, the course integrates contemporary business theories and practices with the values of the legal profession and the realities of a law practice. Topics covered include assessing and responding to the market for legal services, client development, pricing, systems to insure quality, use of technology, firm structure and governance, and financial considerations. Class sessions include lectures, discussions, analysis of business cases developed in legal settings, and guest lectures. Students work in small teams to develop a hypothetical business plan for a firm or practice group.
  • LAWS 277. Immigration Law (2)
  • The general principles of immigration law and procedure, including federal authority to regulate immigration, removal of aliens (deportation and exclusion), administrative and judicial review, fleeing persecution (refugees, asylees, and others), immigrant and nonimmigrant visas, and consular practice. The course will emphasize practical application of current immigration law.
  • LAWS 278. Regulatory Law and Policy (3)
  • Covers the substance of regulatory law, rather than the procedure aspects covered in Administrative Law (LAWS 301). We will examine the theories used to regulate a variety of areas including telecommunications,
  • utilities, agriculture, and pesticides. The course also includes a substantial comparative law aspect, examining how each area is handled in other countries. Materials from the political science and economic literatures are used in addition to legal materials.
  • LAWS 279. Advanced Real Estate Development: Shopping Centers (2)
  • The course takes the point of view of the attorney for a real estate developer with a strong emphasis on shopping center development, including apartment complex and office building developments, but provides insights useful to an attorney for the other side: a tenant, financial institution, or major department store. The approach is practical as well as academic; the course may be considered a capstone for students interested in real estate. Topics include negotiations and documentation; actual documents are used.
  • LAWS 281. Environmental Anatomy of a Business Transaction (2)
  • Students will explore how issues of environmental law effect the structure and progress of a business transaction. A case study will start with a letter of intent and will proceed through environmental due diligence; the drafting of environmental representations, warranties, indemnities and schedules; the closing of the transactions; the making of environmental claims under the contract; and mediation of those claims to resolution. Ethical issues of new information about violations discovered in due diligence that must be reported to government agencies will be examined. Students will divide class time among the following activities: (a) the presentation of short research memoranda on the issues in the transaction, (b) the critiquing of drafts of transaction and mediation documents, and (c) role playing as sellers, buyers, bankers, environmental consultants, government agency personnel and their lawyers at different stages of the transaction. The course is designed to allow students to integrate concepts from first- and second-year courses in contracts, business associations, property, and environmental law in a series of problem solving exercises. Prerequisite: LAWS 331.
  • LAWS 283. Medical Malpractice (2)
  • The course will involve liability and quality of care issues in the health care field, with an emphasis on the liability of physicians, hospitals, and to a lesser extent insurers. Topics will include defining the standard of care, theories of liability, defenses to medical malpractice, tort reform, and quality control.
  • LAWS 285. Social Science and the Law (3)
  • Examines the social impact of law and the use of social research in the legal process; assesses efforts to use law to effect social reform, and empirical studies of legal processes and institutions. Cross-listed as POSC 429.
  • LAWS 286. Litigation Practice (4)
  • This course will examine the lawyer's role in resolving disputes. The course will take the students through a case from the initial client through litigation in a trial court up to summary judgment and then on appeal from a grant of summary judgment. We will examine (1) issues pertaining to resolution of the dispute, including negotiation, alternative dispute resolution mechanisms, and the costs and benefits of litigating in court;, (2) issues pertaining to the development and use of facts, including exploration of the lawyer's role as investigator, the use of formal discovery mechanisms, and the different burdens posed by the different levels of scrutiny applied by a court at different stages, ; and (3) issues pertaining to the role of the lawyer, including his or her role as counselor to the client, negotiator with and warrior against the adversary, and advocate to the court. The course will consist primarily of simulations and class lectures, and will also involve substantial written assignments, including the drafting of pleadings, discovery materials, and briefs. Enrollment for both terms (LAWS 286 and LAWS 287) is required. Students who have taken or are enrolled in Alternative Dispute Resolution (LAWS 351); Appellate Advocacy (LAWS 262); Lawyering Process (LAWS 401); or Pretrial Practice (LAWS 399) may not enroll in this course. Students who take this course are free to take either Trial Tactics (LAWS 397) or Trial Practice (LAWS 395). The course satisfies the Lawyering Process requirement that is a prerequisite for Clinic courses. Students who complete the course in
  • their second year may ­ but are not required ­ to compete in the Dunmore Moot Court Competition in their third year. Limited to 12.
  • LAWS 287. Litigation Practice (3)
  • (See LAWS 286.) This course is the second semester of LAWS 286. Enrollment in both semesters is required.
  • LAWS 288. Environmental Law Practicum (2)
  • This practicum will focus on facilitating public participation in and enforcement of federal and state environmental laws. Most if not all of the projects will address existing community needs and concerns in the Cleveland metropolitan area (e.g., wetlands developments, Clean Air violations, water quality concerns, and open space issues). Students will spend most of their two credits designing and writing a variety of handbooks, brochures, and other educational materials (including developing a Web Site) in order to provide local citizens with the tools necessary to participate more meaningfully on specific environmental problems. Students may also conduct one or more town meetings or short courses to further educate communities or nonprofit members about specific environmental laws. The clinic will serve a greatly needed (and possibly unprecedented) role in enhancing the public's understanding of the environmental laws. Students participating in the clinic will also find their writing and research skills are strengthened, particularly their ability to communicate complex legal requirements clearly. Prerequisite or corequisite: LAWS 331.
  • LAWS 290. Federal Judicial Externship Academic Year Program (3)
  • Externship opportunities are available to a limited number of second- and third-year students who have not participated in the summer judicial externship program. Participants are selected by the instructor from a pool of interested students following preregistration. Students chosen will be placed by the instructor with a selected federal judge or magistrate in the Cleveland, Akron, Medina, or Youngstown areas. Throughout the semester, students will attend seminar classes at the law school for a total of 17.5 hours and will work in the judge's chambers for a minimum of 15 hours per week. Students must keep and submit to the instructor weekly, contemporaneous time records of their work in chambers. Topics to be covered in the seminar classes will include the role of law clerks, advanced legal research techniques, the process of judicial decision making and opinion writing, learning from observation and supervision, ethics in the judicial process, reflective lawyering, what makes effective advocacy, and other topics. Students will work in chambers under the supervision of the judge and his or her law clerks where their primary role will be to perform legal research and assist in the development of judicial opinions. Copies of the students' written work will be provided to the instructor for review. Grade is based on classroom participation and work done in the judge's chambers. Enrollment is limited to 12. Students will be notified of acceptance into the program by August 1.
  • LAWS 292. Health Care Legislation (2)
  • The course will introduce students to legislative processes, interpretation, and drafting, focusing on health care legislation. The course will examine one major legislative proposal in depth and follow its progress through the Ohio General Assembly. Initial proposal documents, as well as the actual statute (including all versions), will be studied. The views of all constituents will be examined. One class meeting will be a mock legislative session. Some of the meetings may take place in Columbus and the class may attend a committee hearing. Prerequisite: LAWS 227.
  • LAWS 295. Law of Health Care Organization and Finance (2)
  • This course presents an overview of corporate health care law issues including: public and private reimbursement systems, fraud and abuse, physician self-referrals, corporate practice of medicine/fee splitting, certificate of need, tax-exempt status of health care providers, and antitrust and insurance regulation of health care providers. The course will examine the origins and public behind current corporate health care law and regulations and the issues they present for health care providers. Enrollment is limited to 25. Prerequisite: LAWS 227.
  • LAWS 298. Health Care Transactions (2)
  • This course will examine a variety of typical transactions among health care providers and payeors. Students will have the opportunity to understand the financial motivation behind these transactions and to identify the unique health care law issues presented by them. Students will learn to develop alternative methods for structuring transactions to minimize or avoid such issues. The types of transactions to be examined include: physician recruitment, physician practice acquisitions, physician practice management companies, joint ventures between hospitals and physicians, mergers and acquisitions of health care providers, and formation of integrated delivery networks. Enrollment is limited to 25. Prerequisite: LAWS 295.
  • LAWS 300. Advanced Environmental Law: Issues in Industry Compliance (3)
  • In-depth analysis of key issues encountered in environmental law practice from the perspectives of the regulator and the regulated entity. Introduction to environmental research and the role of agency interpretive materials. Exploration of environmental audits, ethics, and issues arising in environmental enforcement. Issues will be presented in a series of problem sets, which will form the basis for both written analysis and in -class discussion. Prerequisite: LAWS 331 or permission of the instructor.
  • LAWS 301. Administrative Law (3)
  • This course examines legal issues surrounding the actions of state and federal administrative agencies. Areas of emphasis include statutory interpretation; the availability, timing, and scope of judicial review of agency action; and control of agency discretion. The course emphasizes written work, including advanced legal research training.
  • LAWS 303. Admiralty Law (2)
  • The general principles of admiralty law including jurisdiction, practice, maritime liens, collisions, salvage, limitation of liability, and the rights of injured maritime workers.
  • LAWS 304. American Legal History (3)
  • This course surveys the American legal past from the Revolutionary era to the present. It examines the development of a distinct American legal culture by exploring the interrelationships among legal institutions, thought, practice, and education in various historical periods.
  • LAWS 307. Securities Regulation (3)
  • This course explores the policies and techniques of state and federal investor protection, with emphasis on the distribution of securities by issuers and their affiliates. After an analysis of express general anti-fraud remedies, the "security" concept, and the diverse philosophies underlying "value judgment" and "disclosure" approaches to regulation of business fund-raising practices, the course proceeds to a full consideration of the impact of the Federal Securities Act of 1933 on primary and secondary distributions. Concurrent as well as independent effects of state blue sky laws, typified by the Uniform Securities Act, are also treated. To round out the total pattern of investor protection in the distributional setting, the course includes limited excursions into the anti-fraud, periodic reporting, public information availability, and broker-dealer aspects of the Securities Exchange Act of 1934. Prerequisite: LAWS 204.
  • LAWS 308. Advanced Securities Regulation (3)
  • This course begins by treating the security assessment process engaged in by investors, and then proceeds to a discussion of regulation designed to perfect the decision-making process and to overcome informational and other-than-informational deficiencies in the trading markets. Topics include periodic reporting; annual reports to shareholders; duties of broker-dealers and advisers in the trading markets; trading on, and selective disclosure of, nonpublic material information; and the disclosure duties of quiescent issuers. Attention is given to the regulation of tender offers and other large-scale acquisitions of securities, as a special problem of the trading markets. The course also deals with securities regulation which benefits holders of securities, including proxy regulation, securities regulation approaches to corporate mismanagement, and Exchange Act
  • Section 16. Post-transaction relief is also discussed, and, if time allows, attention is given to the occupational licensing aspects of broker-dealer and adviser regulations. Prerequisite: LAWS 307.
  • LAWS 309. Antitrust Law (3)
  • A study of the implementation of federal trade regulation statutes with emphasis on the interrelationship of these laws with the competitive tensions of the contemporary economy.
  • LAWS 313. Business Planning (3)
  • Major events in the creation and development of a business are examined in light of partnership, corporate, and tax law problems. Students are presented with a series of hypothetical client-suggested transactions. Students seek the most appropriate means of attaining the business ends desired by the principals. From time to time, brief written memoranda covering issues raised by the problem scenarios may be required. Emphasis is placed on the interaction among partnership, corporate, tax, and securities concepts and doctrine. The significant business events that may be covered in the course include formation of a partnership; incorporation of a going concern; corporate distributions, recapitalizations, and repurchases of shares; sale of the corporate business; and corporate combination. Prerequisites: LAWS 203, LAWS 204, and LAWS 211.
  • LAWS 315. Commercial Paper (3)
  • One of the basic courses in commercial law, dealing with the law of negotiable instruments and bank collections and deposits. These topics are considered primarily under the Uniform Commercial Code and, to some extent, recent federal banking and consumer credit legislation.
  • LAWS 317. Comparisons of Law (3)
  • This course concentrates on the comparative study of distinguishing features of the legal systems of foreign societies in order (1) to understand, by reverse projection, the unique characteristics of U.S. analogs, ; (2) to cultivate a cross-cultural jurisprudential understanding of law through the development of the comparative method, ; (3) to develop a basis for evaluating the fairness, efficiency, and integrity of legal systems currently engaged in reform efforts, ; and (4) to appreciate obstacles to the development of international law from a comparative perspective, including distinctive problems of transnational practice.
  • LAWS 319. American Indian Law (3)
  • An introduction to the body of law governing the relationship among Indian tribes and state and federal governments. Major themes include tribal sovereignty; the federal-tribal relationship; criminal, tax, and regulatory jurisdiction on reservations; and the rights of individual Indians. May satisfy the writing requirement.
  • LAWS 320. Conflict of Laws (3)
  • Competing approaches to choice of law in cases having multi-state and/or multi-national contacts. The course also covers personal jurisdiction, constitutional and international limitations on choice of law, and enforcement of judgments. Comparative and international perspectives are integrated throughout. Students develop their own choice of law theory in a simulated restatement conference.
  • LAWS 323. Debtor-Creditor Law (3)
  • The creditor's power to enforce its judgments through such judicial processes as attachment, execution, levy, garnishment, and creditors' bills. The debtor's power to resist creditors' claims through statutory exemptions or federal bankruptcy discharge, or because the creditor has acted inappropriately or in bad faith. Also studied is the creditor's power to set aside and avoid fraudulent transfers made by the debtor, a power which has generated much litigation in recent years. We also study the special rights of the federal government to enforce its claims, through the Federal Debt Collection Act of 1990, the Federal Priority Statute, and the Federal Tax Lien Statute. Finally, we survey collective creditors' remedies under state law, including assignments for the benefit of creditors, creditors' arrangements, and receiverships.
  • LAWS 324. Bankruptcy (3)
  • A study of bankruptcy, with emphasis on the current Federal Bankruptcy Act. Includes Chapter 7 (liquidation bankruptcy proceedings), Chapter 11 (business reorganization), and Chapter 13 (debt adjustment by individuals). Also noted and investigated are the quite different policies and legal rules that we apply to bankrupts because they no longer are capable of conforming to the usual legal standards. Students should take UCC and debtor-creditor courses before taking Bankruptcy.
  • LAWS 325. Corporate Reorganizations-Tax Aspects (3)
  • This course deals with the federal income tax treatment of corporate reorganizations at both the shareholder and corporate levels. It will concentrate primarily on acquisitive reorganizations described in Section 368, IRC (mergers, consolidations, de facto mergers and recapitalizations, and triangular mergers). The operative provisions of Sections 354 and 356 will be examined in detail. The latter part of the course will deal with the taxation of divisive reorganization under Section 355, i.e., spin-offs and split offs. Prerequisite: LAWS 206.
  • LAWS 327. Criminal Procedure I (3)
  • The investigatory stage of the criminal process. Constitutional limitations on searches and seizures, interrogation practices, and pretrial identification procedures are examined. In addition, the exclusionary rule, the principal method for enforcing Fourth, Fifth, and Sixth Amendment rights, is considered.
  • LAWS 328. Discrimination in Employment (3)
  • The federal laws and regulations concerning discrimination in employment. These include Title VII of the 1964 Civil Rights Act, the Equal Pay Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and federal executive orders requiring affirmative action in employment. Regulation of discrimination based on race, sex, religion, national origin, age, and disability will be studied, with a focus on practical considerations in prosecuting and defending employment-based civil rights actions.
  • LAWS 331. Environmental Law (3)
  • The course is designed to provide an overview of both the breadth and depth of environmental regulation in the United States and to consider ways our environmental regulatory system might be improved. Although all of the major environmental laws will be surveyed, several statutes will be examined in greater detail. Students will be expected to navigate select provisions of statutes and regulations through in-class problem sets. Guest speakers will also be invited to speak on topics of current interest.
  • LAWS 332. Civil Rights (3)
  • The course focuses on race, discrimination, and segregation in American law. It includes historical material on the Civil War amendments to the Constitution, equal protection cases, and statutory remedies under the current civil rights legislation. The substantive areas examined include segregation and discrimination in education, housing, public facilities, and voting rights. Employment discrimination is not covered in this course, but in Discrimination in Employment (LAWS 328).
  • LAWS 335. Equity and Equitable Remedies (3)
  • The course provides a short introduction to the equitable jurisdiction and in particular to the concept that "equity acts in personam." The major emphasis of the course is on the specific performance of contracts and on injunctions against continuing torts. A major concern is the doctrine that equity affords a remedy only when the remedy at law is inadequate. The course also gives some attention to the law of restitution, since restitutional remedies, even those granted by law courts, are traditionally considered to be equitable. Equitable liens, constructive trusts, equitable enforcement of "restrictive covenants," and the doctrine of "equitable conversion" are considered. The defenses that apply to equitable remedies, such as laches, "unclean hands," and the doctrine that "he who seeks equity must do equity" are also considered. If time permits, some consideration is given to injunctions against governmental officers and to other extraordinary remedies that form the common law basis for administrative law and judicial review of governmental actions.
  • LAWS 336. Ethics in the Professions (3)
  • Theories of professional ethics, as applied to the professions of law, medicine, nursing, social work, and management. A major portion of the course will be devoted to issues common to these professions, such as confidentiality, truth-telling, client or patient autonomy, decision making, and conflict of interest, comparing professional norms and practices in the light of the dominant ethical theories first developed. Open to students of law, medicine, nursing, applied social sciences, and management. May satisfy the writing requirement.
  • LAWS 340. Federal Courts (3)
  • This course explores the relationships between the federal courts, Congress, and state courts and governments. Topics include congressional control of federal jurisdiction, justiciability, federal court abstention, suits against state and federal governments and officials, habeas corpus, and federal injunctions on state proceedings.
  • LAWS 341. Estate Planning and Taxation (3)
  • This course covers disposition of individual wealth from both the property law and tax law viewpoints. Grade is based on class participation and major written project. Students may elect either to complete a research paper or to prepare an estate planning memorandum and documents for a hypothetical client. Prerequisites: LAWS 232 and LAWS 211.
  • LAWS 343. Federal Taxation of Partnerships and S Corporations (3)
  • A study of Sub-chapters K and S of the Internal Revenue Code, with emphasis on the problems of determining the tax liability of (1) partners for contributions to partnerships, distributions from partnerships, and transfers of partnership interests; and (2) shareholders for the equivalent transactions involving S corporations. Prerequisite: LAWS 211.
  • LAWS 346. Insurance (3)
  • A comprehensive introduction to the regulation of the insurance industry and to the legal issues arising from relations between the parties to insurance contracts. The course examines statutory regulation of the industry by state and federal agencies and analyzes cases involving aggressive regulation by the judiciary as well. Insurance decisions on the cutting edge of developments in contract, tort, and agency law are studied. Students are required to study the policy forms most frequently encountered in practice: the automobile policy, the homeowner's policy, and the life insurance policy. The course also provides exposure to problems relating to other areas of insurance including commercial general liability coverage, fire insurance, professional liability (malpractice) coverage, and health insurance.
  • LAWS 348. International Negotiations and Agreements (3)
  • Introduces students to the role of the lawyer in the dispute avoidance (rather than dispute resolution) process in relation to international agreements. The course is taught from the simulation approach. Students take active part in a mock negotiation and drafting of the international agreement between the United States and another country to be selected (either Canada or Russia). In the mock negotiation students are divided into two six-person teams, one team representing the U.S. and the other team representing the other designated country. Prerequisite: LAWS 215.
  • LAWS 349. International Trade and Development (3)
  • The public international and United States law regulating international trade. (The private law of international trade and investment is dealt with in International Business Transactions, LAWS 354.) It includes the economic theory of international trade (although no exposure to a course in economics in secondary or undergraduate education is necessary) as well as a legal examination of issues regulating global and regional (e.g., the Canada-U.S. Free Trade Agreement, EEC) international trade. Primary emphasis is on the General Agreement of Tariffs and Trade (GATT) and the World Trade Organization (WTO) as well as such United States legislation implementing the GATT as antidumping and countervailing duties legislation and escape
  • clause relief. The roles of trade and aid are also explored, as well as U.S. legislation affecting the transfer of resources to less developed countries.
  • LAWS 350. International Arbitration (2)
  • An advanced course covering the current status of arbitration as a dispute settlement mechanism in international affairs. This course will cover the use of arbitration as a means of resolving international disputes: a) between private parties; b) between private and governmental parties; and c) between governments. It will cover possible forums and rules of arbitral dispute resolution and the problems of the enforcement of foreign arbitral awards. Special aspects of dispute resolution in certain geographical and subject areas will be covered as will be the problem of sovereign immunity. Disputes arising from multinational business transactions will be focused on as will be maritime, environmental, and border disputes.
  • LAWS 351. Alternative Dispute Resolution (2)
  • Students will examine the processes of alternative dispute resolution (ADR) through reading materials, videotapes, guest lectures, and simulation exercises. Particular emphasis will be given to the interaction of lawyers and clients in business negotiations and in litigation. Negotiation, arbitration, mediation, the summary jury trial, and the mini-trial will be examined. The class will also cover impediments to ADR, such as lack of understanding or hostility on the part of clients or lawyers. Cross-listed as LHRP 451.
  • LAWS 353. Philosophy of Law (3)
  • This is an examination of the general nature of law, the broad concerns of jurisprudence, the study of comparative law, and many of the issues raised in the literature of legal philosophy. Students will examine the principles of legal positivism, mitigated natural law, and rights theory. Selected readings and cases will illustrate these theories, which will also be examined in the context of rule selection by new governments in developing or revolutionary societies. The course also looks at the general nature of legal systems: how politics, morality, and individual views of justice and right affect particular court cases and the course and development of law generally. Topics will include abortion, obscenity and sin, civil disobedience, affirmative action, surrogatehood, and the death penalty. This is unlike any other of the legal theory or jurisprudence courses, and those who have sampled legal theory elsewhere in a different form are welcome and encouraged to enroll. Cross-listed as PHIL 335.
  • LAWS 354. International Business Transactions (3)
  • The private law of international trade and investment. (International Trade and Development, LAWS 349, deals with the public law of international trade and investment.) The emphasis of the course is on the legal aspects of foreign market penetration by U.S. firms, including exporting, licensing, and investing. The laws studied will be host country regulations, foreign and U.S. tax, antitrust law, and export and import laws. In addition, basic issues faced by multinationals, such as co-determination, employee participation, transfer pricing, and technology transfer will be studied.
  • LAWS 356. Jurisprudence (3)
  • The main themes in the history of Western jurisprudential thought. Ideas such as the nature of justice, the definition of law, the power of the state, legal and moral obligation, and the nature of the judicial process are explored through the works of such writers as Aristotle, Aquinas, Austin, Dworkin, Holmes, Hart, and Finnis, together with selected works of literature.
  • LAWS 359. Labor Law (3)
  • The basic course in the area of union-management relations, designed both for students desiring to pursue the field further and for those whose interest lies in an introduction to legal principles in this area. The course begins with a brief historical study of the evolution of the labor movement and prestatutory law. It then considers federal regulation under the National Labor Relations Act of union organizational efforts, management-union interaction, and the representational process, then proceeds to the collective bargaining process. The collective bargaining process is examined in some depth with special emphasis on the scope and substance of the duty to bargain in good faith, the enforcement of collective bargaining agreements in courts