-
Drafting Contracts: The Problem of Ambiguity
LAWS 79910
- 01
(2)
m, s, x
This seminar is unique. It is a very interesting, very intellectual, and very practical learning experience. The main features are: 1. Students will learn some extremely useful tools for analyzing and drafting contracts. They will acquire them by an inductive process of reviewing many examples of ambiguity from case law, eminent legal scholars, and the lecturer’s practice. They will learn to identify and eliminate ambiguity in drafting contracts. These tools are the creation of the lecturer and will give students unique practical skills that no other American law students (except the lecturer’s prior students) have. 2. The course materials come from the in-house seminars for the firm’s China Practice lawyers that the lecturer conducted for many years as a partner at Baker & McKenzie and that established the profession’s best practices for China-related contracts. 3. The historical examples of ambiguity in the seminar are of human, as well as intellectual, interest. They show that ambiguity can lead to the hanging of an individual for piracy or treason, a damages award of more than U.S. $10 billion, and even a change in the course of World War II. 4. The seminar facilitates student learning. At the beginning of each class, an audience response system (called “clickers”) provides students immediate, comparative, and anonymous feedback on their understanding of the reading assignment. The course also allows each student to see what he or she has learned in the course by comparing his or her analysis of a specific contract for the first class and for the last class. This contract analysis, like the final exam, gives each student the experience of a practicing lawyer reviewing a contract.
Grades will be based on a proctored final exam.
Winter 2013
Preston Torbert
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Economic Analysis of the Law
LAWS 73201
- 01
(3)
c/l
This course introduces the concepts of law and economics. Over the last forty years, economics has become an important tool for those who want to understand the effect legal rules have on the way people behave. This course also explores the extent to which the principles of economics can be used to explain the workings of the legal system itself. The topics covered in this course include the Coase theorem, the choice between property and liability rules, the allocative effects of alternative liability rules (e.g., strict liability versus negligence); the determination of damages for breach of contract; and the economics of legal procedure.
No prior acquaintance with economics or calculus is assumed; the relevant economic concepts are developed through an examination of particular legal applications.
The student's grade is based on a final examination.
Autumn 2012
Anup Malani
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Election Law
LAWS 95903
- 01
(3)
r
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.
A student's grade will be based on a take-home final examination or a major paper.
Winter 2013
Nicholas Stephanopoulos
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Electronic Commerce Law
LAWS 61802
- 01
(3)
m, w, x
This seminar focuses on both the technology involved in electronic commerce and the law surrounding the emerging field. Electronic commerce is growing at an exponential rate. As more of our daily commercial lives are lived through use of computers, decisions must be made: will existing law treat e-commerce no differently than any other kind of commerce, or must new laws emerge to take into account some of the radical new transactions and complications? The seminar will begin with an overview of the history and infrastructure of the Internet, setting the groundwork and providing students with a working knowledge of the terminology and technology they will likely encounter working in this legal field. Additional background discussion will involve the concept of regulation of the Internet, global vs. national perspectives on the law of the Internet, and conceptions of sovereignty. Topics will be dictated by the needs of the moment, but will potentially include electronic contracts, digital signatures, the application of traditional UCC doctrines such as the mailbox rule and the statute of frauds to e-commerce, Internet sales of highly regulated goods (such as alcohol, firearms, pharmaceuticals), the domain name system and its relation to trademark law, trade-related issues such as consumer fraud/protection and product disparagement, sales taxation, Internet and business method patents, digital cash/smart cards, digital checks, electronic securities law, Internet gambling, commercial privacy, and e-commerce in gray and black markets. Time permitting, we may also explore the relationship of international law to e-commerce, the effect of e-commerce concepts on commercial litigation, and export control laws involving cryptography.
Enrollment is capped at 20.
Topics not covered in the seminar will be suitable for papers.
Students may either write a substantial paper or write a shorter research paper and make a presentation to the class at the end of the quarter.
Winter 2013
Marsha Ferziger Nagorsky
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Elements of the Law
LAWS 30101
- 01
(3)
1L
This course examines certain issues that occur in many different areas of the law and considers the relationship between these issues and comparable questions in other fields of thought, such as moral and political philosophy, economics, and political theory. The subjects for discussion include the nature of, and justification for, reasoning from precedent; the meaning of such notions as consent, coercion, and voluntary choice; the decision whether to impose rules or allow discretion; the problems of interpreting statutes and other authoritative texts; and the objective or subjective nature of moral judgments.
The student's grade is based on a final examination.
Autumn 2012
David A. Strauss
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Elements of the Law
LAWS 30101
- 02
(3)
1L
This course examines the role of judges in our legal system, focusing particularly on the processes of statutory and constitutional interpretation. The subjects for discussion include the nature of, and justification for, reasoning from precedent; the meaning of originalism and other methods of interpretation; and the role of history and context in judicial decision making.
Autumn 2012
Geoffrey R. Stone
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Empirical Law and Economics
LAWS 56502
- 01
(2)
m, x
This seminar evaluates recent empirical work in the field of law and economics. Students will develop skill in critiquing the theory motivating empirical inquiry, the data chosen for analysis, and the statistical methodology employed. Particular attention will be given to methods used to evaluate causal empirical claims in law and economics.
Grades will be based on class participation, weekly short reaction papers (2-3 pages), a short research paper (not exceeding 15 pages) that proposes an empirical project, and in-class presentation of the research paper.
Students will work in groups to write and present their research papers.
Winter 2013
Edward Morrison
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Employment Discrimination Clinic
LAWS 67113
- 01
(1)
+, a, s, w, x
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.
Third-year Students are strongly encouraged to take, prior to their third year, Pretrial Advocacy and either the Intensive Trial Practice Workshop or Trial Advocacy.
Enrollment in the Employment Law Clinic Project is limited and preference will be given to students who take Pretrial Advocacy and the Intensive Trial Practice Workshop.
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 3Ls in the clinic.
Pretrial Advocacy and the Intensive Trial Practice Workshop (or an equivalent trial practice course) are highly recommended for 3Ls in the clinic.
Newly enrolling 3Ls need instructor consent.
Winter 2013
Randall D. Schmidt
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Employment Discrimination Clinic
LAWS 67113
- 01
(1)
+, a, s, w, x
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.
Third-year students are strongly encouraged to take either the Intensive Trial Practice Workshop or another trial advocacy course.
Enrollment in the Employment Law Clinic Project is limited and preference will be given to students who take Pretrial Advocacy and the Intensive Trial Practice Workshop.
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 3Ls in the clinic.
Pretrial Advocacy and the Intensive Trial Practice Workshop (or an equivalent trial practice course) are highly recommended for 3Ls in the clinic.
Newly enrolling 3Ls need instructor consent.
Spring 2013
Randall D. Schmidt
-
Employment Discrimination Clinic
LAWS 67113
- 01
(1)
+, a, s, w, x
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.
Third-year Students are strongly encouraged to take, prior to their third year, Pretrial Advocacy and either the Intensive Trial Practice Workshop or Trial Advocacy.
Enrollment in the Employment Law Clinic Project is limited and preference will be given to students who take Pretrial Advocacy and the Intensive Trial Practice Workshop.
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.
Pretrial Advocacy and the Intensive Trial Practice Workshop (or an equivalent trial practice course) are highly recommended for 3L's in the clinic.
Newly enrolling 3Ls need instructor consent.
Autumn 2012
Randall D. Schmidt
-
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 2013
James Whitehead
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Entrepreneurship and the Law
LAWS 61902
- 01
(3)
m, s, x
This seminar examines how the legal landscape and structural choices shape entrepreneurial enterprises, particularly micro-enterprises in the US. The seminar explores the position of the entrepreneur in society, in the economy, and in our constitutional framework, in order to analyze the entrepreneur's fundamental legal needs. The seminar then surveys legal questions particular to start-ups, including strategies for structuring a business organization, financing, and protecting intellectual property. Assignments require students to research hypothetical issues and analyze strategies for counseling entrepreneurial clients.
This seminar is a prerequisite for participation in the Institute for Justice Clinic on Entrepreneurship.
Students' grades will be based on active participation and several short writing assignments.
Winter 2013
Elizabeth Kregor, Erika Pfleger
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Environmental Law
LAWS 46001
- 01
(3)
This course is an introduction to the laws, policies and theories related to environmental protection in the United States. The course covers the principal federal environmental regimes, including the National Environmental Protection Act, the Clean Air Act, the Clean Water Act, and those associated with toxic substances and waste. Illustrative topics include economic and non-economic perspectives on the use of and impacts on natural resources; the objectives of environmental regulation; the development of information about environmental quality; federalism issues; and the choice of regulatory tools, such as regulation, taxes, marketable permit schemes, liability rules, and informational requirements.
The student's grade is based on a final examination.
Winter 2013
Mark N. Templeton
-
Ethical Quandaries in Legal Practice
LAWS 41013
- 02
(3)
m, p, x
With the advent of 24-hour news cycles and the proliferation of social media communications, the practice of law, like many professions, is under intense scrutiny from clients, the judiciary, regulators and peers. The attendant risk to the reputations of practicing attorneys is much higher than it has ever been.
This seminar will satisfy the professional responsibility/ethics graduation requirement. Through analysis of ethical issues that lawyers operating in the public and private sector face on a daily basis, we will study the challenges, pitfalls, consequences and opportunities associated with the ethical practice of law. Pending confirmation, seasoned attorneys with public sector experience, private practitioners and members of the judiciary will, at times, join portions of the seminar to discuss real world scenarios and provide insight into how attorneys can successfully navigate through ethical minefields.
Spring 2013
Mark E. Schneider, Joseph Alesia
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Evidence
LAWS 41601
- 01
(3)
x
An examination of the federal rules governing proof at trial. On many points, the rules of most states are the same or similar (New York and California have the most differences, though even they have significant overlap with the Federal Rules). There will be somewhat more lecture than in a typical course, in order to facilitate coverage of material. Even so, certain relatively minor or easy topics will not be covered (Burdens of Proof, Presumptions, Judicial Notice), and others will be covered only briefly (e.g., Privileges, Impeachment of Witnesses). Approximately two-thirds of the term will be devoted to the two central topics in the law of evidence: relevance and hearsay (including the hearsay exceptions).
The student's grade is based on a proctored final examination.
Winter 2013
Brian Leiter
-
Evidence
LAWS 41601
- 01
(3)
x
This course examines the law governing proof of disputed propositions of fact in criminal and civil trials, including relevance, character evidence, the hearsay rule and other rules of exclusion, and examination and privileges of witnesses.
The student's grade is based on a proctored exam.
Spring 2013
Geoffrey R. Stone
-
Evolving Regulation of Financial Institutions and Markets
LAWS 94812
- 01
(2 to 3)
m, x
In reaction to the recent market and financial institutions crisis, Congress enacted the Dodd–Frank Wall Street Reform and Consumer Protection Act, which mandates broad changes to the regulation of financial institutions. The Act requires numerous regulatory agencies to promulgate hundreds of new rules—a process that is currently underway. This seminar will consider certain areas addressed by the legislation and the ensuing rule-making process with particular attention to the causes of the crisis and its impact on the financial system. We will critically assess whether these measures are likely to promote the stated goals of the legislators, as well as the merits and feasibility of those goals. To that end, students will form groups concentrating on topics of interest leading to student oral reports and papers. No prior courses are required. The Lecturer will provide basic background information concerning the structure and regulation of financial institutions and the features of key transactional arrangements (such as mortgage-backed securities and derivatives). The reading will be eclectic, and will include academic commentary on the subject, official reports on aspects of the crisis and, of course, portions of the legislation and proposed regulation.
Grades will be based on two papers (seven to ten pages each) and oral reports on selected topics.
Students wishing to earn three credits must extend one of the papers to 15-20 pages.
Space is limited.
Spring 2013
Jim Foorman
-
Exoneration Project Clinic
LAWS 67413
- 01
(1)
+, a, s, x
The criminal justice system is not perfect. Innocent people are sometimes convicted of crimes they did not commit. When that occurs, the consequences for the lives of the wrongfully convicted and their families are truly devastating. By investigating and petitioning courts to reverse wrongful convictions, our Exoneration Project is dedicated to restoring justice. Our project represents innocent individuals who have been wrongly convicted. Students working in our project assist in every aspect of representation including selecting cases, investigating and developing evidence, as well as in-court litigation of post-conviction petitions, petitions for DNA testing, and federal habeas petitions. Students work closely with our clients and have an opportunity to develop their oral and written advocacy skills by preparing written pleadings and by appearing before trial courts and appellate court panels. Through participation in our project students will explore issues of error and inequality in the criminal justice system, including police and prosecutorial misconduct, the use of faulty scientific evidence, coerced confessions, unreliable eyewitness testimony, and ineffective assistance of counsel. The Exoneration Project is an intensive, rigorous experience designed for students who are committed to providing the best possible representation to deserving clients.
Second-year students wishing to enroll in the Project are encouraged to take Evidence in their second year.
Third-year students are required to complete, prior to their third year, Evidence and the Intensive Trial Practice Workshop.
Students are also encouraged but not required to take Pretrial Advocacy, Criminal Procedure I, and Criminal Procedure II.
Students selected for this project will receive credit for the work they do in accordance with the credit rules for all other clinical programs.
Spring 2013
Russell Ainsworth, Tara Thompson, David Owens
-
Exoneration Project Clinic
LAWS 67413
- 01
(1)
+, a, s, x
The criminal justice system is not perfect. Innocent people are sometimes convicted of crimes they did not commit. When that occurs, the consequences for the lives of the wrongfully convicted and their families are truly devastating. By investigating and petitioning courts to reverse wrongful convictions, our Exoneration Project is dedicated to restoring justice. Our project represents innocent individuals who have been wrongly convicted. Students working in our project assist in every aspect of representation including selecting cases, investigating and developing evidence, as well as in-court litigation of post-conviction petitions, petitions for DNA testing, and federal habeas petitions. Students work closely with our clients and have an opportunity to develop their oral and written advocacy skills by preparing written pleadings and by appearing before trial courts and appellate court panels. Through participation in our project students will explore issues of error and inequality in the criminal justice system, including police and prosecutorial misconduct, the use of faulty scientific evidence, coerced confessions, unreliable eyewitness testimony, and ineffective assistance of counsel. The Exoneration Project is an intensive, rigorous experience designed for students who are committed to providing the best possible representation to deserving clients.
Second-year students wishing to enroll in the Project are encouraged to take Evidence in their second year.
Third-year students are required to complete, prior to their third year, Evidence and the Intensive Trial Practice Workshop.
Students are also encouraged but not required to take Pretrial Advocacy, Criminal Procedure I, and Criminal Procedure II.
Students selected for this project will receive credit for the work they do in accordance with the credit rules for all other clinical programs.
Autumn 2012
Russell Ainsworth, Tara Thompson, David Owens
-
Exoneration Project Clinic
LAWS 67413
- 01
(1)
+, a, s, x
The criminal justice system is not perfect. Innocent people are sometimes convicted of crimes they did not commit. When that occurs, the consequences for the lives of the wrongfully convicted and their families are truly devastating. By investigating and petitioning courts to reverse wrongful convictions, our Exoneration Project is dedicated to restoring justice. Our project represents innocent individuals who have been wrongly convicted. Students working in our project assist in every aspect of representation including selecting cases, investigating and developing evidence, as well as in-court litigation of post-conviction petitions, petitions for DNA testing, and federal habeas petitions. Students work closely with our clients and have an opportunity to develop their oral and written advocacy skills by preparing written pleadings and by appearing before trial courts and appellate court panels. Through participation in our project students will explore issues of error and inequality in the criminal justice system, including police and prosecutorial misconduct, the use of faulty scientific evidence, coerced confessions, unreliable eyewitness testimony, and ineffective assistance of counsel. The Exoneration Project is an intensive, rigorous experience designed for students who are committed to providing the best possible representation to deserving clients.
Second-year students wishing to enroll in the Project are encouraged to take Evidence in their second year.
Third-year students are required to complete, prior to their third year, Evidence and the Intensive Trial Practice Workshop.
Students are also encouraged but not required to take Pretrial Advocacy, Criminal Procedure I, and Criminal Procedure II.
Students selected for this project will receive credit for the work they do in accordance with the credit rules for all other clinical programs.
Winter 2013
Russell Ainsworth, Tara Thompson, David Owens
