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Abrams Environmental Law Clinic
LAWS 67813
- 01
(1 to 2)
a, s, x
The Abrams Environmental Law clinic attempts to solve some of the most pressing environmental problems throughout Chicago, the State of Illinois, and the Great Lakes region. On behalf of clients, the clinic sues those who pollute illegally, fights for stricter permits, advocates for changes to regulations and laws, holds environmental agencies accountable, and develops innovative approaches for improving the environment. Through clinic participation, students learn substantive environmental law and procedures for addressing concerns through the courts or administrative tribunals. Students develop a number of core advocacy competencies, such as counseling clients, spotting issues, conducting factual investigations, performing practical legal research, advocating through written and oral communications, planning cases, managing time, and addressing ethical issues and dilemmas. In addition, students develop an appreciation for the range of strategic and tactical approaches that effective advocates use. Some matters will be best resolved in front of a judge, others in an adversarial hearing, others through face-to-face meetings with government officials, and others by putting public pressure on a polluter or administrative agency. Any given matter may require the use of one or more of these approaches simultaneously or sequentially, although in general, the clinic will deploy adversarial approaches to help achieve its clients’ objectives. In the Winter Quarter 2012, students will help identify areas of opportunity for the clinic, meet with potential clients, develop matters for the clinic to take on, and compile and synthesize various rules and regulations to help guide the efforts of future clinic students. While the primary goal of the Winter Quarter is the laying the groundwork for a full docket and full enrollment in the Spring Quarter and thereafter, students may begin working on what will be typical clinic matters if and when the right opportunities present themselves during the Winter Quarter.
Winter 2012
Mark N. Templeton
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Abrams Environmental Law Clinic
LAWS 67813
- 01
(1 to 2)
a, s, x
The Abrams Environmental Law clinic attempts to solve some of the most pressing environmental problems throughout Chicago, the State of Illinois, and the Great Lakes region. On behalf of clients, the clinic sues those who pollute illegally, fights for stricter permits, advocates for changes to regulations and laws, holds environmental agencies accountable, and develops innovative approaches for improving the environment. Through clinic participation, students learn substantive environmental law and procedures for addressing concerns through the courts or administrative tribunals. Students develop a number of core advocacy competencies, such as counseling clients, spotting issues, conducting factual investigations, performing practical legal research, advocating through written and oral communications, planning cases, managing time, and addressing ethical issues and dilemmas. In addition, students develop an appreciation for the range of strategic and tactical approaches that effective advocates use. Some matters will be best resolved in front of a judge, others in an adversarial hearing, others through face-to-face meetings with government officials, and others by putting public pressure on a polluter or administrative agency. Any given matter may require the use of one or more of these approaches simultaneously or sequentially, although in general, the clinic will deploy adversarial approaches to help achieve its clients’ objectives.
Spring 2012
Mark N. Templeton
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Administrative Law
LAWS 46101
- 01
(3)
x
This course examines the structure of the administrative state, its relations to the other branches of government and private citizens, and the constitutional, statutory, and common law rules that govern the substance and procedure of administration action and inaction. The course focuses on some constitutional topics, including the non-delegation doctrine, presidential control over administrative agencies, and the delegation of adjudicative authority to non-Article III officers. Substantial attention is given to the Administrative Procedure Act (APA) and other statutory requirements for lawful agency action. Covered topics include the proper role of agencies in interpreting statutory and regulatory law; judicial review of agency decisions; public participation in agency rulemaking; and non-traditional approaches to regulation, including negotiation and privatization. A central theme of the course is how the law manages the tension between rule of law values (e.g., procedural regularity, accountability, and substantive limits on arbitrary action) and the desire for flexible, effective administrative governance.
The student's grade is based on a final examination.
Winter 2012
Tom Ginsburg
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Administrative Law
LAWS 46101
- 01
(3)
This course examines the structure of the administrative state, its relations to the other branches of government and private citizens, and the constitutional, statutory, and common law rules that govern the substance and procedure of administration action and inaction. The course focuses on some constitutional topics, including the non-delegation doctrine, presidential control over administrative agencies, and the delegation of adjudicative authority to non-Article III officers. Substantial attention is given to the Administrative Procedure Act (APA) and other statutory requirements for lawful agency action. Covered topics include the proper role of agencies in interpreting statutory and regulatory law; judicial review of agency decisions; public participation in agency rulemaking; and non-traditional approaches to regulation, including negotiation and privatization. A central theme of the course is how the law manages the tension between rule of law values (e.g., procedural regularity, accountability, and substantive limits on arbitrary action) and the desire for flexible, effective administrative governance.
The student's grade is based on a final examination.
Spring 2012
Richard A. Epstein
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Admiralty Law
LAWS 71001
- 01
(3)
This course will cover the development and scope of this part of the jurisdiction of the federal courts, the role of the Supreme Court in the common law development of the substantive law of the admiralty, and several of the main elements of substantive maritime law: maritime torts, industrial accidents, collisions, salvage, and limitation of liability.
The student's grade is based on class participation and a final take-home examination.
Autumn 2011
Randall D. Schmidt
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Advanced Civil Procedure
LAWS 52502
- 01
(3)
This course examines salient features of major civil litigation from both a practitioner's and a policymaker's perspective. Broadly, these features fall into two categories: issues with forum and aggregation on the one hand, and problems with the collection and production of evidence on the other. Topics in the first category include class action litigation and settlement, multidistrict litigation, removal, and arbitration. Topics in the second category include preservation and spoliation, electronic discovery, and expert testimony.
Winter 2012
William H. J. Hubbard
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Advanced Contracts: Sales, a Practice Oriented Approach
LAWS 48601
- 01
(3)
This course provides a practical approach to understanding the law of sales embodied in Article 2 of the Uniform Commercial Code. The course involves intensive class participation, a moot court argument, client advising, negotiating an agreement with a classmate, and learning the advanced legal research techniques needed to develop the factual record in a case.
The course is designed to be a bridge between law school and practice. As a consequence, there is no exam. Rather, students write short papers for almost every class, culminating in the preparation of a commercial sales agreement.
Winter 2012
Lisa Bernstein
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Advanced Corporations: Mergers and Acquisitions
LAWS 42311
- 01
(2)
+, m, x
This seminar develops and applies the student’s knowledge of corporate and contracts law in the context of mergers and acquisitions. After introducing the general subject, the seminar will cover a broad range of fundamental topics (acquisition mechanics, successorship, transaction documentation, deal-specific litigation, and fiduciary duties) and then conclude with an in-depth analysis of the legal issues in a takeover battle.
The readings consist of a casebook, recent judicial opinions, scholarly commentary, and other background material.
Corporations or Business Associations I is a prerequisite.
Grades will be based on class participation and an 8 hour take-home final exam.
Spring 2012
Douglas Barnard
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Advanced Issues in Corporate Reorganizations
LAWS 43702
- 01
(2)
+, m, x
This seminar examines a number of cutting edge issues in corporate reorganizations, including issues ranging from substantive consolidation to cramdown. The readings consist of judicial opinions and scholarly commentary, as well as other material. Students make team presentations as well as write blog posts on the readings and comment on posts by other students.
The student's grade is based on an 8 hour take-home exam, class and blog participation. The blog postings do not fulfill one of the substantial writing requirements.
Bankruptcy is a prerequisite (not for MBA students).
Spring 2012
Douglas G. Baird
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Advanced Law and Economics
LAWS 55401
- 01
(3)
c/l, m, r, w, x
This seminar examines theoretical and empirical work in the economic analysis of law. It will cover, among other things, optimal tort rules, models of contract liability and remedies, optimal criminal rules, settlement and plea bargaining, and models of judicial behavior.
Familiarity with calculus and either advanced undergraduate microeconomics or graduate microeconomics is expected.
Grades will be based on class participation and a major paper.
Spring 2012
Anup Malani
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Advanced Legal Research
LAWS 79802
- 01
(2 to 3)
m, x
The purpose of this seminar is to enhance students' knowledge of legal sources and to develop their ability to research the law. The seminar will cover the basic categories of legal research in depth and with a focus on practical skills and efficiency, including statutes, administrative law, legislative history, cases, and secondary sources. This seminar also will address a series of practice areas such as corporate and securities, tax, transactional, federal procedure, and intellectual property, focusing on the substantive resources and practical research skills for each. Upon successful completion of the seminar, students will expand their understanding of research resources in a variety of areas, will improve their skills in using legal research tools, and will develop extensive research knowledge in at least one area from their work on a final research paper.
The seminar will be limited to twenty-five students with priority to third year students.
To receive credit for this seminar, students must complete research assignments (30 percent of grade), submit a research paper on a topic approved by the instructor (60 percent of grade), and attend and participate in course meetings (10 percent).
Students may earn either 2 or 3 credits for this seminar depending upon the number of assignments completed and the length of their final paper (minimum 20 pages for 3 credits; 10 pages for 2 credits).
In the research paper, the student should extensively and comprehensively address sources for researching the topic, discuss successful and less useful techniques, and recommend research strategies.
Winter 2012
Margaret Schilt, Todd Ito
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Advanced Legal Research
LAWS 79802
- 01
(2 to 3)
m, x
The purpose of this seminar is to enhance students' knowledge of legal sources and to develop their ability to research the law. The seminar will cover the basic categories of legal research in depth and with a focus on practical skills and efficiency, including statutes, administrative law, legislative history, cases, and secondary sources. This seminar also will address a series of practice areas such as corporate and securities, tax, transactional, federal procedure, and intellectual property, focusing on the substantive resources and practical research skills for each. Upon successful completion of the seminar, students will expand their understanding of research resources in a variety of areas, will improve their skills in using legal research tools, and will develop extensive research knowledge in at least one area from their work on a final research paper.
The seminar will be limited to twenty-five students with priority to third year students.
To receive credit for this seminar, students must complete research assignments (30 percent of grade), submit a research paper on a topic approved by the instructor (60 percent of grade), and attend and participate in course meetings (10 percent).
Students may earn either 2 or 3 credits for this seminar depending upon the number of assignments completed and the length of their final paper (minimum 20 pages for 3 credits; 10 pages for 2 credits).
In the research paper, the student should extensively and comprehensively address sources for researching the topic, discuss successful and less useful techniques, and recommend research strategies.
Autumn 2011
Sheri H. Lewis
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Advanced Legal Writing
LAWS 79901
- 01
(2)
w, x
This course will prepare law students for the working world by honing writing skills for briefs, memoranda, motions and contracts. We will discuss and practice the major principles of legal writing in plain English -- no jargon, no legalese, no anachronistic fluff. In addition to fine-tuning basic and more advanced writing skills, students will learn how to use their writing to win arguments, persuade clients and sharpen their own thinking. The class will function largely as a workshop where we analyze the impact of various writing styles. Regular attendance is essential. Through exercises and group critiques, students will learn to write more succinctly and effectively. Better writers make better lawyers.
The course concludes with an eight-hour take-home examination, which determines the student's grade. Students must complete all assignments before the exam. This course satisfies the requirements of the Writing Project writing requirement.
Winter 2012
Elizabeth Duquette
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Advanced Topics in Intellectual Property
LAWS 95112
- 01
(2)
m, x
This seminar explores the relationship between intellectual property and other areas of law. IP is frequently treated as a specialized field within the law and within society at large. This seminar will show how IP has become increasingly integrated with other legal fields and social endeavors. We will explore copyright and speech regulation; the effect of civil procedure on substantive IP rules; patents, copyrights, and social norms as modes of producing and regulating access to creative and scientific works; IP and the theory of the firm; and IP as administrative law.
Grades will be based on short response papers and class participation.
Spring 2012
Andres Sawicki
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Advanced Torts: Economic Interests
LAWS 93604
- 01
(2)
m, x
This seminar examines several advanced topics that the first-year torts sequence does not cover. A common theme of the causes of action discussed in the seminar is that they protect economic interests. Specific topics include interference with economic interests (both intentional and unintentional), misrepresentation, unfair competition, and abuse of the legal process. The readings consist of a mix of judicial opinions and scholarly commentary. Students write blog posts on the readings and comment on posts by other students.
The student's grade is based on class and blog participation. The blog postings do not fulfill one of the substantial writing requirements.
Winter 2012
Thomas J. Miles
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Advanced Trademarks and Unfair Competition
LAWS 69902
- 01
(2 to 3)
+, m, w, x
This seminar addresses current issues and developments such as the Supreme Court's shaping of trademark law over time; the interplay of trademark, right of publicity, and First Amendment law; dilution and the courts' treatment of property conceptions of trademarks; the effect of commercial practices on trademark doctrine, as exemplified by the keyword debate; utilitarian and aesthetic functionality and other limitations on trademark rights; counterfeiting, contributory infringement, and the online marketplace; and unfair competition and misappropriation conceptions of trade identity rights.
Trademarks and Unfair Competition is a prerequisite for the seminar; otherwise instructors' permission is required.
Enrollment is limited to twenty-five students.
A student's grade is based on class participation and either a series of thought papers for two credits, or a series of short papers totaling at least 25 pages or a major research paper, both for three credits.
Winter 2012
Chad J. Doellinger, Uli Widmaier
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Agency and Partnership Law
LAWS 44302
- 01
(2)
m, x
Like the law of contracts, agency law principles are basic to an understanding of our legal system and are applied in a great many areas of the law. This course will examine the law of agency and the law of partnerships, agency principles being a cornerstone of partnership law. Common law is the core, but uniform law statutes are also involved. We will emphasize business and commercial contexts, and will also consider some commonly used variants of general partnerships such as limited partnerships and, to a lesser extent, limited liability companies.
A prior course in corporations or business organizations is recommended but not required.
The grade in the course will be based on classroom participation and a written final examination.
Spring 2012
Robert M. Berger
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American Law and the Rhetoric of Race
LAWS 49801
- 01
(3)
c/l
This course presents an episodic study of the ways in which American law has treated legal issues involving race. Two episodes are studied in detail: the criminal law of slavery during the antebellum period and the constitutional attack on state-imposed segregation in the twentieth century. The case method is used, although close attention is paid to litigation strategy as well as to judicial opinions.
Undergraduate students must request faculty consent prior to registration.
Grades are based on class participation and a final examination.
Spring 2012
Dennis J. Hutchinson
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An Introduction To Doing Empirical Microeconomic Research
LAWS 99303
- 01
(3)
c/l
This course is designed to give students early in their graduate careers exposure to carrying out their own empirical micro-focused research. Attention will be paid to every step in the process: idea generation, the use of data, identifying the right tools to answer the question at hand, testing hypotheses, making arguments convincing, etc. These issues will be discussed through evaluation of both outstanding papers in the literature, and papers that fail to achieve their full potential. Students will be expected to carry out their own original empirical research to meet the course requirements.
Winter 2012
Steven Levitt
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Antitrust Law
LAWS 42801
- 01
(3)
x
This course provides an introduction to the law of antitrust. The course focuses on the practices by which competing firms eliminate, or are alleged to eliminate, competition among themselves. The practices considered include formal cartels, price-fixing conspiracies, conscious parallelism, trade association activities, resale price maintenance, and mergers to monopoly and other types of horizontal merger. The course also looks at the practices by which firms, either singly or in combination, exclude actual or potential competitors from their markets, by means of practices such as boycotts, predatory pricing, tying arrangements, vertical integration, and price discrimination under the Robinson-Patman Act. Both price and non-price vertical restrictions are considered.
The student's grade is based on a final examination.
Winter 2012
Randal C. Picker
