Offerings

Key:
+ subject to prerequisites, co-requisites, exclusions, or professor permission
1L first year required course
a extends over more than one quarter
c/l cross listed
e first-year elective
m seminar
p meets the professional responsibility/ethics requirement
r papers may meet substantial research paper (SRP) graduation requirement
s meets the professional skills requirement
u simulation class
w may meet writing project (WP) graduation requirement
x offering available for bidding
(#) the number of Law School credit hours earned for successful completion
  • Construction Law

    LAWS 44032 - 01 (3) +, w
    Construction contracts are among the more complex types of legal arrangements, involving multiple actors (governments/regulatory agencies, developers/owners, contractors, subcontractors, equipment suppliers, sureties, insurers and financing parties) and multiple areas of the law (contracts; procurement; torts; insurance; environmental concerns; dispute resolution). The course will provide an introduction to the legal aspects of the construction process, including the relationships between and the risk allocations among the members of the construction team, as well as the resolution of disputes which arise out of the design and construction of heavy industrial and commercial projects. The standard US and international forms of contracts (AIA, FIDIC) will be reviewed and discussed.
    Autumn 2013
    Thomas Vega-Byrnes
  • Corporate Criminal Prosecutions and Investigations

    LAWS 66702 - 01 (3) m, w, x
    The criminal investigation and prosecution of large-scale corporate fraud is the hottest area of focus for prosecutors and the criminal defense bar. This seminar is designed for students interested in learning about the various aspects of uncovering, investigating, defending, and prosecuting corporate crimes; reporting findings to clients and government authorities; strategic considerations for the prosecutor and defense lawyer in white collar criminal investigations; prosecutorial charging policies and decisions; pre-trial diversion and non-prosecution agreements; and the Foreign Corrupt Practices Act. The class will introduce students to this multi-faceted area of the law, and expose students to real-world considerations involved in advising corporate clients and their officers, directors, and employees. The seminar will address legal and practical issues and concerns from the perspective of the prosecutor, the defense attorney, and in-house counsel. This is a three-credit class. The student's grade will be based on a major paper and class participation. Papers will be due two weeks after final exams for the Winter quarter.
    Winter 2014
    Andrew Boutros
  • Corporate Governance

    LAWS 75001 - 01 (2 to 3) +, m, w, x
    Through the production of goods and services, innovation, employment and occasional misbehavior, publicly-held corporations in the U.S. exert an enormous impact on the lives of individuals and the economy in general. How (and how well) corporations are governed greatly influences what that impact will be. Since the early 1990s, there has been a significant increase in the attention given to corporate governance by investors, lawyers, academicians, politicians and the press. This seminar will provide students with a deep understanding of applicable legal, regulatory and market influences on corporate governance, an appreciation for the historical development of the current system of governance and insights into current “hot” issues and the continuing evolution of governance. We will discuss critical issues such as for whose benefit is a corporation to be governed and what is the proper balance of decision-making authority between owners and managers. There will be a heavy emphasis on the role of counsel to the enterprise as a whole and on the practical aspects of advising officers and directors, including the coordination of multi-disciplinary teams. Corporations and securities law courses provide highly desirable background, but are not prerequisites. Grades will be based upon: a final take-home exam (2 credits), or a final take-home exam plus a 10-12 page research paper (3 credits), or a full-length paper (3 credits). In all instances, class participation will also be taken into account. Enrollment will be limited to 25 students; MBA students from Booth will be welcome.
    Spring 2014
    Thomas Cole
  • Corporate Governance in China

    LAWS 80804 - 01 (3) m, w, x
    China leads the world in economic growth but trails significantly in corporate governance. The government is upgrading the legal and regulatory framework but progress has been slow – and transparency and compliance still vary widely across state-owned, publicly-listed, and private firms. Ethics and social customs, which are central to reform, are even more problematic than structure and proving difficult to change. As Chinese stock prices continue to fall, capital market confidence is disappearing, and global investors are demanding reform. Given the SEC’s recent demand to see the work papers of American audit firms in order to protect American shareholders – and China’s continuing need to access to foreign capital markets – Chinese corporate governance is evoking questions of sovereignty and moving to the center stage of U.S.-China relations. This seminar will compare corporate governance in China to Western practice, examine recent high-profile governance failures, and assess reform initiatives. The seminar will be highly interactive. For example, one unique portion will involve simulation of a major crisis scenario, in which students will role-play executives, directors, and regulators. Grading will be determined by class participation and by performance across three short papers. The first paper will involve a comparison of Chinese and Western corporate governance methods; the second will focus on a recent case and provide analysis and commentary; and the third will require generation of a hypothetical governance crisis, the best of which will be considered for inclusion in a monograph containing future scenarios to be published in 2014.
    Autumn 2013
    Tom Manning
  • Counterintelligence and Covert Action - Legal and Policy Issues

    LAWS 70706 - 01 (3) m, w, x
    This seminar will focus on the legal framework for counterintelligence and other instruments of national power that seek to neutralize and/or exploit our adversaries' intelligence activities against US national security interests. Such adversaries may include foreign intelligence services, terrorists, foreign criminal enterprises, cyber intruders, or some combination thereof. The seminar will consider both legal and policy issues raised in efforts to prevent adversarial espionage action -- overt, covert, or clandestine -- targeting US military, diplomatic, and economic interests at home and abroad. The seminar will also explore the role and overlap of covert action, roughly defined as action intended to influence events in another nation or territory without revealing the involvement of the sponsor. Care will be taken to consider less frequently discussed implications for domestic and international economies and markets, as well as the extent to which economic and market considerations motivate policy making or legal decisions. The seminar will include short case studies from the Cold War and post-Cold War eras in the US, Latin America, the Middle East, and the former USSR. The seminar is designed to minimize overlap with the material covered in The Law of Counterterrorism (LAWS 70704) and National Security Issues (LAWS 70703) by primarily focusing attention on state actors rather than nonstate actors. Grades will be based upon a final paper, occasional short response papers, and reasonable class participation.
    Spring 2014
    Stephen Cowen
  • Cross-Border Transactions: Securities, M&A, and Joint Ventures

    LAWS 71408 - 01 (3) m, w, x
    In this seminar we will examine M&A, securities and financing transactions from a comparative perspective looking at how cross-border transactions vary from purely domestic transactions. We will also look at joint ventures and related concerns for bribery and the Foreign Corrupt Practices Act. The class will focus on recent transactions such as Instagram/Facebook (domestic); Skype/Microsoft (US/Luxembourg), the D.E. Masterblenders spin-off from Sara Lee and subsequent IPO (US/Netherlands), and various multijurisdictional transactions. We will also look at cultural negotiations including cultural faux pas and peculiarities common across borders.
    Autumn 2013
    Tarek Sultani
  • Current Controversies in Corporate and Securities Law

    LAWS 52202 - 01 (3) m, w, x
    This seminar deals with the most important developments in U.S. (and to some extent global) corporate and securities practice during the preceding year. The seminar and discussions provide analysis of the legal, political, and economic implications of these Developments. Each student submits one paper and gives an oral presentation and analysis of another student's paper.
    Winter 2014
    Richard Shepro
  • Current Issues in Criminal and National Security Law

    LAWS 70708 - 01 (3) +, m, w, x
    This seminar covers a series of current issues in criminal and national security law, often comparing and contrasting the two approaches, with a particular focus on challenges arising from acts of terrorism and other national security prosecutions (including a focus on substantive terrorism offenses, espionage offenses as well as the leaking of classified information), a discussion of criminal and intelligence investigative tools (comparing Title III electronic surveillance with Foreign Intelligence Act surveillance), application of constitutional principles to terrorism investigations and prosecutions (particularly the First, Fourth, Fifth and Sixth Amendments and the application of Miranda, Quarles and Corley decisions), the President's war powers and congressional oversight (including discussions of drone strikes, law of war detention, and Presidential and Congressional authority to use military force), and in other select areas, including the Classified Information Procedures Act, as well as cyber security and data privacy. Each class will focus on a different topic, with advance reading assigned around each topic, and grading on the basis of two short reflection papers (3-5 pages each) and a final paper or legal brief (20-25 pages) on a select issue in criminal and national security law. Guest speakers will help facilitate discussion on certain topics. Pre-requisites: Criminal Law and Constitutional Law I.
    Winter 2014
    Patrick Fitzgerald, Michael Scudder
  • Current Topics in Criminal Law & Procedure

    LAWS 60703 - 01 (1) a, m, w, x
    This year-long seminar will focus on recent books addressing topics in criminal law and criminal procedure. The books selected will primarily be authored by law professors, but we may also read books written by prosecutors, defense lawyers, social scientists, philosophers, or journalists. Topics will include some but not all of the following: punishment theory, the police, searches and electronic surveillance, interrogation, plea bargaining, wrongful convictions, victim’s rights, drug crimes, sexual assault, theft crimes, race inequality, prisons, or the death penalty. We will meet three times per quarter, discussing one book per meeting, as follows: FALL Oct 3 Oct 24 Nov 14 WINTER Jan 9 Jan 30 Feb 20 SPRING March 27 Apr 17 May 8 Grades will be based on class participation and a short research paper on each book.
    Autumn 2013
    Richard H. McAdams
  • Current Topics in Criminal Law & Procedure

    LAWS 60703 - 01 (1) a, m, w
    This year-long seminar will focus on recent books addressing topics in criminal law and criminal procedure. The books selected will primarily be authored by law professors, but we may also read books written by prosecutors, defense lawyers, social scientists, philosophers, or journalists. Topics will include some but not all of the following: punishment theory, the police, searches and electronic surveillance, interrogation, plea bargaining, wrongful convictions, victim’s rights, drug crimes, sexual assault, theft crimes, race inequality, prisons, or the death penalty. We will meet three times per quarter, discussing one book per meeting, as follows: FALL Oct 3 Oct 24 Nov 14 WINTER Jan 9 Jan 30 Feb 20 SPRING March 27 Apr 17 May 8 Grades will be based on class participation and a short research paper on each book.
    Winter 2014
    Richard H. McAdams
  • Current Topics in Criminal Law & Procedure

    LAWS 60703 - 01 (1) a, m, w
    This year-long seminar will focus on recent books addressing topics in criminal law and criminal procedure. The books selected will primarily be authored by law professors, but we may also read books written by prosecutors, defense lawyers, social scientists, philosophers, or journalists. Topics will include some but not all of the following: punishment theory, the police, searches and electronic surveillance, interrogation, plea bargaining, wrongful convictions, victim’s rights, drug crimes, sexual assault, theft crimes, race inequality, prisons, or the death penalty. We will meet three times per quarter, discussing one book per meeting, as follows: FALL Oct 3 Oct 24 Nov 14 WINTER Jan 9 Jan 30 Feb 20 SPRING March 27 Apr 17 May 8 Grades will be based on class participation and a short research paper on each book.
    Spring 2014
    Richard H. McAdams
  • Divorce Practice and Procedure

    LAWS 93202 - 01 (3) +, s, u, w, x
    This class provides an exposure to the dynamic process of representing clients in a dissolution of marriage case. The class will familiarize you with the complexities that arise when a family is divided and the parties are dissolving their marriage. Topics are covered in the sequence of an evolving case from the perspective of a practicing lawyer and include determination of jurisdiction, interstate and international parental kidnapping, domestic violence and property injunctions, temporary and permanent child custody and visitation, temporary and permanent maintenance for spouse and support for children, awards of attorneys’ fees and costs, exploration of property rights and factors for determining division of assets and liabilities, the valuation issues when dividing certain types of property, premarital agreements, common ethical issues, federal tax aspects of marital dissolution, effects of bankruptcy and civil unions/same-sex marriage. Significant reading, writing and preparation for in-class discussions is required. Forty percent of the student’s grade is based on class participation, and sixty percent on the drafting of legal memoranda. Writing for this class may be used as partial fulfillment of the JD writing requirement (WP). Completion of a basic Family Law class is recommended but not required.
    Autumn 2013
    Erika N. Chen-Walsh
  • East Asian Law and Society

    LAWS 80901 - 01 (3) r, w
    This course will cover the East Asian legal tradition, primarily but not exclusively focusing on China and Japan. East Asia is well-known for its remarkable economic development in recent decades, but has also been the home of a long tradition of thinking about law in a way that differs from the assumptions of Western liberal democracy. The course begins by exploring this tradition, and then traces the history of legal institutions in the region, focusing on the encounter with Western legal systems beginning in the 19th century. We will then analyze the major institutions of criminal, civil and administrative law in postwar East Asia and their recent transformations. The focus of this course is not on particular areas of doctrine, but on the ideas and institutions that make East Asia distinctive. Grading will be on the basis of a take-home exam or research paper, at the students’ discretion.
    Autumn 2013
    Tom Ginsburg
  • Election Law

    LAWS 95903 - 01 (3) r, w
    This course examines the law, both constitutional and statutory, that governs the American electoral system. Topics covered include the right to vote, reapportionment and redistricting, minority representation, the regulation of political parties, and campaign finance. The course draws heavily from both legal and political science scholarship. It addresses constitutional provisions including the First, Fourteenth, and Fifteenth Amendments, as well as key statutes such as the Voting Rights Act, the Federal Election Campaign Act, and the Bipartisan Campaign Reform Act. Students will develop an understanding of not only election law doctrine, but also the theoretical and functional underpinnings of the American electoral system.
    Autumn 2013
    Nicholas Stephanopoulos
  • Empirical Criminal Law

    LAWS 60803 - 01 (2) m, w, x
    This seminar will discuss the leading empirical research on a breadth of topics in criminal law. No prior background in economics or statistics is necessary. We will evaluate empirical papers on topics such as the determinants of crime, policing, prosecution, trial, sentencing, and the effects of punishment on longer-term outcomes. Grading will be based on two response papers, class participation, and a research proposal for an empirical project on criminal law.
    Spring 2014
    Crystal Yang
  • Employee Benefits Law

    LAWS 55503 - 01 (3) m, w, x
    This seminar will provide an introduction to the Employee Retirement Income Security Act (ERISA) and other federal statutes regulating employee benefit plans in the private sector. The seminar will cover many types of plans, including defined benefit pension plans, individual account retirement plans (such as 401(k) plans), medical plans, other welfare benefit plans and executive compensation programs. It will provide a basic understanding of fiduciary standards governing plan administration and the investment of plan assets; minimum standards for benefits and funding; benefit claim dispute resolution procedures and standards of judicial review; federal preemption of state laws; and key issues which arise in ERISA litigation. The seminar is intended for students interested in a broader labor and employment practice; a mergers and acquisitions or general corporate practice; or a civil litigation practice. Although our primary mission will be to prepare students for the practice of law, we also will explore whether the law governing employee benefit plans is operating effectively and in accordance with its stated purposes. Students will be graded on class participation and on a series of short reaction and research papers. There are no prerequisites required for this seminar.
    Winter 2014
    Charles Wolf
  • Employment Discrimination Law

    LAWS 43401 - 01 (2 to 3) m, w, x
    This seminar deals with the problem of discrimination in the American workplace and the federal and state statutes that have been enacted to prohibit it. Primary focus will be on the major federal equal employment opportunity statutes (Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act), the types of claims that are brought under these laws (disparate treatment, disparate impact, mixed motives, and retaliation claims), and the varying burdens of proof/persuasion, procedural prerequisites, and remedies provided by these statutes, along with current proposals for legislative change. Enrollment will be limited to 20 students. The student's grade will be based on class participation and a final examination; students wishing to earn 3 credits for the class may write a 10-12+ page research paper in addition to the final exam.
    Winter 2014
    James Whitehead
  • Employment Law

    LAWS 43511 - 01 (2 to 3) m, w, x
    This seminar is designed to provide the student with an overview of the common law principles and leading federal and state statutes that govern the private-sector employment relationship. Among the topics to be covered are (1) the contractual nature of the employment relationship and the employment-at-will doctrine; (2) contractual, tort-based, and statutory erosions of the employment-at-will doctrine; (3) the contractual and common law duties and obligations owed by an employee to the employer; (4) wage and hour, child-labor, and employee leave statutes, including the Family and Medical Leave Act (FMLA); (5) other employee protective statutes, including the Occupational Safety and Health Act (OSHA), the Worker Adjustment and Retraining Notification Act (the WARN Act), state workers’ compensation laws, and federal and state whistle-blower protective statutes; and (6) arbitration of employment disputes. This seminar supplements, but will not cover the topics presented in, the Law School’s courses in Labor Law (LAWS 43101) and Employment Discrimination Law (LAWS 43401), which are not prerequisites to enrollment. Enrollment will be limited to 20 students. The student’s grade will be based on a final examination. Students wishing to earn 3 credits for the class may write a 10-12+ page research paper in addition to the final exam.
    Spring 2014
    James Whitehead
  • Employment Law Clinic

    LAWS 67113 - 01 (1) +, a, s, w
    Randall D. Schmidt and his students operate the Clinic's Employment Law Clinic. The Clinic focuses primarily on pre-trial litigation and handles a number of individual cases and class actions. In individual cases, the Clinic represents clients in cases before the Illinois Department of Human Rights and the Illinois Human Rights Commission and seeks to obtain relief for clients from race, sex, national origin, and handicap discrimination in the work place. In the class actions, the Clinic represents groups of employees in employment and civil rights actions in federal court. Additionally, in its individual cases and law reform/impact cases, the Clinic seeks to improve the procedures and remedies available to victims of employment discrimination so that employees have a fair opportunity to present their claims in a reasonably expeditious way. To accomplish this goal, the Clinic is active in the legislative arena and participates with other civil rights groups in efforts to amend and improve state and federal laws. It is suggested, but not required, that all students in the Employment Law Clinic take the Employment Discrimination Law seminar. It is recommended that third-year students take, prior to their third year, either the Intensive Trial Practice Workshop or some other trial practice course. The student's grade is based on class participation. Academic credit varies and will be awarded according to the Law School's general criteria for clinical courses as described in the Law School Announcements and by the approval of the clinical faculty. Evidence is a prerequisite for 3L's in the clinic. The Intensive Trial Practice Workshop (or an equivalent trial practice course) is recommended for 3L's in the clinic.
    Spring 2014
    Randall D. Schmidt
  • Employment Law Clinic

    LAWS 67113 - 01 (1) +, a, s, w
    Randall D. Schmidt and his students operate the Clinic's Employment Law Clinic. The Clinic focuses primarily on pre-trial litigation and handles a number of individual cases and class actions. In individual cases, the Clinic represents clients in cases before the Illinois Department of Human Rights and the Illinois Human Rights Commission and seeks to obtain relief for clients from race, sex, national origin, and handicap discrimination in the work place. In the class actions, the Clinic represents groups of employees in employment and civil rights actions in federal court. Additionally, in its individual cases and law reform/impact cases, the Clinic seeks to improve the procedures and remedies available to victims of employment discrimination so that employees have a fair opportunity to present their claims in a reasonably expeditious way. To accomplish this goal, the Clinic is active in the legislative arena and participates with other civil rights groups in efforts to amend and improve state and federal laws. It is suggested, but not required, that all students in the Employment Law Clinic take the Employment Discrimination Law seminar. It is recommended that third-year students take, prior to their third year, either the Intensive Trial Practice Workshop or some other trial practice course. The student's grade is based on class participation. Academic credit varies and will be awarded according to the Law School's general criteria for clinical courses as described in the Law School Announcements and by the approval of the clinical faculty. Evidence is a prerequisite for 3L's in the clinic. The Intensive Trial Practice Workshop (or an equivalent trial practice course) is recommended for 3L's in the clinic.
    Winter 2014
    Randall D. Schmidt