-
Family Law
LAWS 45001
- 01
(3)
c/l, r
This course will examine the state's role in recognizing and regulating personal relationships between adults and between adults and children. Specific topics include marriage, other partnerships, friendship, divorce and other forms of dissolution, reproductive rights, child support and custody, and the allocation of childrearing authority among parents, other caregivers and the state. Throughout the quarter, we will compare various legal and social meanings of family and explore assumptions about the family that underlie existing legal regulation.
A student's grade will be based on a take-home final examination or a major paper.
Spring 2013
Emily Buss
-
Federal Courts from the Judge’s Perspective
LAWS 51402
- 01
(2 to 3)
+, m, r, w, x
This seminar is designed to be an advanced look at current issues that arise in the federal courts of the United States, with particular emphasis on the courts of appeals. Topics will be chosen with an eye to both the frequency with which they come up and the difficulty of the issues even if they make only rare, but predictable, appearances. The topics may change from year to year, but they will normally include the following: defining the scope and limits of the judicial power; Article III limitations such as standing, mootness, ripeness, and political questions; congressional control of the federal courts; non-Article III tribunals; subject matter jurisdiction – actual, potential, and optimal; actions against governmental units and officials, as well as related immunity doctrines; habeas corpus; standards of review; institutional reform litigation; and judicial federalism, including anti-injunction legislation, abstention doctrines, and Erie.
Either the basic Federal Jurisdiction course (LAWS 41101), which may be taken prior to or concurrently with the seminar, or Instructor’s permission is required for admission to this seminar.
Students will have a choice of writing a paper or submitting a take-home examination.
Winter 2013
Diane P. Wood
-
Federal Criminal Justice Clinic
LAWS 67513
- 01
(2)
+, a, s, w
The Federal Criminal Justice Clinic zealously represents indigent defendants charged with federal crimes while giving students a unique opportunity to practice in federal district court and the Seventh Circuit Court of Appeals. The FCJC is the first legal clinic in the country to exclusively represent clients charged with federal felonies. The clinic’s cases fall into two categories. The first category consists of cases we enter at the time of the arrest, carry through the district court to trial or guilty plea and sentencing, and then carry through appeal and beyond. The second category consists of cases we become involved in at a later stage of the proceedings because they present a novel legal issue or an issue on which there is a circuit split. We raise the legal issue at the district court level, handle or assist in any appeals that arise on the issue, and, if necessary, litigate the issue all the way to the United States Supreme Court. FCJC students are generally assigned to cases in teams of two. Students interview clients and witnesses; meet regularly with clients at the federal jail; conduct and participate in bond hearings, preliminary hearings, arraignments, plea hearings, sentencing hearings, and trials; write and argue motions and briefs; negotiate with prosecutors and probation officers; and participate in investigations. The seminar component includes skills exercises, simulations, lectures, and discussions.
Students enter the FCJC in their 3L year, must spend a full year in the FCJC, and must put a minimum of two credits towards the clinic per quarter (a ten-hour-per-week time commitment). The pre-requisites/co-requisites are Evidence and Criminal Procedure I; these courses may be taken at any time during 2L or 3L year. It is strongly recommended that students interested in joining the FCJC take Professor Siegler’s Federal Sentencing seminar during 2L year, and take the Intensive Trial Practice Workshop at the beginning of 3L year.
Spring 2013
Erica Zunkel, Alison Siegler
-
Federal Criminal Justice Clinic
LAWS 67513
- 01
(2)
+, a, s, w, x
The Federal Criminal Justice Clinic zealously represents indigent defendants charged with federal crimes while giving students a unique opportunity to practice in federal district court and the Seventh Circuit Court of Appeals. The FCJC is the first legal clinic in the country to exclusively represent clients charged with federal felonies. The clinic’s cases fall into two categories. The first category consists of cases we enter at the time of the arrest, carry through the district court to trial or guilty plea and sentencing, and then carry through appeal and beyond. The second category consists of cases we become involved in at a later stage of the proceedings because they present a novel legal issue or an issue on which there is a circuit split. We raise the legal issue at the district court level, handle or assist in any appeals that arise on the issue, and, if necessary, litigate the issue all the way to the United States Supreme Court. FCJC students are generally assigned to cases in teams of two. Students interview clients and witnesses; meet regularly with clients at the federal jail; conduct and participate in bond hearings, preliminary hearings, arraignments, plea hearings, sentencing hearings, and trials; write and argue motions and briefs; negotiate with prosecutors and probation officers; and participate in investigations. The seminar component includes skills exercises, simulations, lectures, and discussions.
Students enter the FCJC in their 3L year, must spend a full year in the FCJC, and must put a minimum of two credits towards the clinic per quarter (a ten-hour-per-week time commitment). The pre-requisites/co-requisites are Evidence and Criminal Procedure I; these courses may be taken at any time during 2L or 3L year. It is strongly recommended that students interested in joining the FCJC take Professor Siegler’s Federal Sentencing seminar during 2L year, and take the Intensive Trial Practice Workshop at the beginning of 3L year.
Autumn 2012
Erica Zunkel, Alison Siegler
-
Federal Criminal Justice Clinic
LAWS 67513
- 01
(2)
+, a, s, w
The Federal Criminal Justice Clinic zealously represents indigent defendants charged with federal crimes while giving students a unique opportunity to practice in federal district court and the Seventh Circuit Court of Appeals. The FCJC is the first legal clinic in the country to exclusively represent clients charged with federal felonies. The clinic’s cases fall into two categories. The first category consists of cases we enter at the time of the arrest, carry through the district court to trial or guilty plea and sentencing, and then carry through appeal and beyond. The second category consists of cases we become involved in at a later stage of the proceedings because they present a novel legal issue or an issue on which there is a circuit split. We raise the legal issue at the district court level, handle or assist in any appeals that arise on the issue, and, if necessary, litigate the issue all the way to the United States Supreme Court. FCJC students are generally assigned to cases in teams of two. Students interview clients and witnesses; meet regularly with clients at the federal jail; conduct and participate in bond hearings, preliminary hearings, arraignments, plea hearings, sentencing hearings, and trials; write and argue motions and briefs; negotiate with prosecutors and probation officers; and participate in investigations. The seminar component includes skills exercises, simulations, lectures, and discussions.
Students enter the FCJC in their 3L year, must spend a full year in the FCJC, and must put a minimum of two credits towards the clinic per quarter (a ten-hour-per-week time commitment). The pre-requisites/co-requisites are Evidence and Criminal Procedure I; these courses may be taken at any time during 2L or 3L year. It is strongly recommended that students interested in joining the FCJC take Professor Siegler’s Federal Sentencing seminar during 2L year, and take the Intensive Trial Practice Workshop at the beginning of 3L year.
Winter 2013
Erica Zunkel, Alison Siegler
-
Federal Criminal Law
LAWS 46501
- 01
(3)
This course surveys the substance and structure of federal criminal law. The appropriate scope of federal criminal law and enforcement is a central theme of the course. Topics examined include: federal jurisdiction over crime and offenses that enlarge the reach of federal criminal law such as mail fraud; federal crimes occurring in markets, including transactions in illegal markets (such as drug trafficking) and illicit transactions in legal markets (such as securities fraud); federal crimes involving corrupt payments, such as bribery, extortion, and foreign corrupt practices; federal crimes involving concealment, such as false statements, perjury, obstruction of justice, and money laundering; the regulation of criminal activity occurring in and through formal and informal organizations (such as RICO), and the allocation of liability between individuals and organizations with particular attention to deferred prosecution agreements.
Spring 2013
Thomas J. Miles
-
Federal Criminal Practice
LAWS 47502
- 01
(3)
m, x
This seminar, taught by two former Assistant United States Attorneys in Chicago and a litigation associate who focuses on white collar criminal defense work, will expand students' knowledge of the scope and application of federal criminal law, and will challenge students to think and act as practicing prosecutors and defense attorneys. The seminar will review five major areas of federal criminal law: (1) the role and scope of the federal criminal system; (2) narcotics and money laundering prosecutions; (3) the use of informants; (4) public corruption and mail fraud; and, (5) racketeering. Students will gain a working knowledge of the relevant case law on these topics, and will also review actual cases prosecuted in federal court in the Northern District of Illinois. This seminar is unique in that it will incorporate a practical component into the last four of these subject areas, including: writing and arguing a motion to suppress and a motion to dismiss, and writing and arguing an opening statement and closing argument. These practical exercises will be based on actual cases brought in federal court, and will give students an opportunity to represent both the government and the defendant.
Because of the practical component, class size will be strictly limited to 12 students. Students will submit for grading two written exercises (a motion to suppress, and a motion to dismiss), and will present or argue one of these assignments as well as either an opening or closing statement. These two written and two oral exercises will provide most of the basis for their grade. The two writings, up to ten pages each, will form the basis for 40 percent of each student's grade. The two practical exercises will form the basis for 40 percent of each student's grade. Lastly, to foster discussion on every topic covered, class participation will comprise 20 percent of each student's grade.
Spring 2013
Daniel Rubinstein, John Lausch, Shannon T. Murphy
-
Federal Habeas Corpus
LAWS 58502
- 01
(3)
This course covers the constitutional, statutory, and decisional law of habeas corpus. It will address the history of the Great Writ, the Suspension Clause, the evolution of federal habeas corpus review and relief, the development of postconviction review of state court judgments, and judicial review of executive detention in immigration and other noncriminal contexts. The central emphasis will be on the federal habeas statutes most commonly encountered by federal courts. Therefore, the course will be of particular relevance and use to students planning to do federal clerkships.
No prior coursework is assumed.
Grades will be based on class participation and a final exam.
Spring 2013
Aziz Huq
-
Federal Jurisdiction
LAWS 41101
- 01
(3)
This course covers the role of the federal courts in the federal system. Topics will include federal question jurisdiction, litigation against federal and state governments and their officials, abstention and related doctrines, direct and collateral review of state-court decisions, and congressional control of the jurisdiction of the federal courts.
There are no prerequisites other than Civil Procedure II.
The student's grade is based on class participation and a final examination.
Students must be available for potential make-up meetings Wednesdays 6:10-8:10 p.m.
Spring 2013
Adam Mortara
-
Federal Jurisdiction
LAWS 41101
- 01
(3)
+
This course will consider the role of the federal courts in the federal system. Topics will include the power of Congress to expand or contract the jurisdiction of the federal courts, federal question jurisdiction, litigation against federal and state governments and their officials, direct and collateral review of state-court decisions, abstention, and related doctrines.
Constitutional Law I is strongly recommended.
The student's grade is based on a proctored final examination and class participation.
Winter 2013
Alison LaCroix
-
Federal Legislative Power
LAWS 66303
- 01
(2)
+, m, w, x
This seminar examines the legislative powers granted to Congress by the Constitution. Covered topics include well known legislative powers (commerce and spending), lesser known powers (such as copyright power and monetary powers), and quasi-legislative powers (such as the treaty power). The seminar will focus on how courts have defined these powers and how the powers interact with one another—especially how they interact with the Commerce Clause. We will also evaluate federal statutes each week, to see how they comport with precedent.
Constitutional Law I: Government Structure is a prerequisite.
Grades will be based on a series of short papers.
Winter 2013
Joshua Rabinovitz
-
Federal Regulation of Securities
LAWS 42401
- 01
(3)
+
The securities laws govern the way in which a company may raise, and seek to raise, capital; they also impose substantial ongoing obligations upon companies and their security holders in both private and public contexts. Accordingly, the aim of this course is to provide a basic working knowledge of the securities laws to soon-to-be lawyers who will find themselves advising clients that seek to raise (or have raised) either public or private capital. The course will analyze methods of regulation (and possible alternative methods), the financial/institutional context in which the securities regulations exist, and the application of these regulations to real-world situations.
Corporation Law/Business Associations I/Business Organizations is a prerequisite, although it may be taken concurrently. LLM students who have completed comparable work in a prior JD degree may register by contacting the registrar.
Grades will be based on class participation and a final examination.
Autumn 2012
Thomas J. Miles
-
Federal Regulation of Securities
LAWS 42401
- 01
(3)
+
This course covers the basic economic and legal principles of public equity markets. We will look at the public offering (IPO) and private placement process in some detail, paying special attention to the key securities statutes and the complex rules issued by the Securities and Exchange Commission. We will also examine the basic principles of trading, including tender offers, private securities actions, and damages. The economics of finance and capital markets is employed to assist the analysis.
Corporation Law/Business Association I//Business Organizations is a prerequisite, although it may be taken concurrently.
Grades will be based on class participation and a standard final examination.
Spring 2013
M. Todd Henderson
-
Federal Sentencing: Balancing Judicial and Prosecutorial Discretion
LAWS 47602
- 01
(3)
m, r, w, x
The Supreme Court has dramatically changed the federal sentencing landscape in recent years, making federal sentencing the least settled and most dynamic area of federal criminal jurisprudence. This seminar examines the recent federal sentencing revolution in the context of the history of federal sentencing. We study the Federal Sentencing Guidelines and recent Supreme Court cases that struggle to define the Guidelines’ proper role in sentencing. A central focus of the seminar is the ongoing struggle to balance judicial discretion and prosecutorial discretion, and the fundamental tension this creates between the executive branch and the judiciary. The seminar also focuses on the debate over sentencing disparities. Reading materials are varied and include Supreme Court and lower court cases, the United States Sentencing Guidelines, law review articles, Sentencing Commission studies and reports, and Department of Justice internal directives. Various guest speakers will visit class, including a federal district court judge and an Assistant United States Attorney.
Each student is expected to research and write a 20-25 page paper in response to a specific assignment.
Students will be graded based on their written submissions and class participation. Second-year students interested in participating in the Federal Criminal Justice Clinic during their 3L year are encouraged to enroll in this seminar, although it is not a prerequisite or corequisite for the clinic.
Winter 2013
Alison Siegler
-
Feminist Philosophy
LAWS 47701
- 01
(3)
+, c/l, e, x
The course is an introduction to the major varieties of philosophical feminism: Liberal Feminism (Mill, Wollstonecraft, Okin, Nussbaum), Radical Feminism (MacKinnon, Andrea Dworkin), Difference Feminism (Gilligan, Held, Noddings), and Postmodern "Queer" Feminism (Rubin, Butler). After studying each of these approaches, we will focus on political and ethical problems of contemporary international feminism, asking how well each of the approaches addresses these problems.
Undergraduates may enroll only with the permission of the instructor.
Spring 2013
Martha Nussbaum
-
Food and Drug Law
LAWS 94501
- 01
(3)
This course explores legal and policy issues in the federal regulation of foods, drugs, medical devices, and other products coming within the jurisdiction of the FDA. It will examine substantive standards applicable to these products and procedural issues in the enforcement of these standards. It will also address the tension between state and federal regulation in this area, constitutional constraints on such regulation, and a variety of other issues relating to the development and marketing of regulated products.
The student's grade is based on class participation and a final examination or major paper.
Winter 2013
Jack Bierig
-
Food Law
LAWS 94503
- 01
(3)
m, r, x
This seminar will examine issues relating to food law and food policy. Topic covered will include: food safety, food labeling, food patents, corn policy, regulation of food quality, factory farming, obligations of food retailers, and more.
Students will have to write an SRP paper and make a presentation in class.
Autumn 2012
Omri Ben-Shahar
-
Foreign Relations Law
LAWS 97801
- 01
(3)
This course examines the constitutional and statutory doctrines regulating the conduct of American foreign relations. Topics include the allocation of foreign relations powers between the three branches of the federal government, the status of international law in U.S. courts, the scope of the treaty power, the validity of executive agreements and the power to declare and conduct war. The course will also focus on the political question and other doctrines regulating judicial review in foreign relations cases. Where relevant, current events will be explored, such as ongoing controversies regarding individual rights during wartime, the post-September 11 war on terrorism and the war in Iraq.
Grades will be based on a final examination.
Autumn 2012
Daniel Abebe
-
French Law Seminar
LAWS 54903
- 01
(2)
m, x
This seminar is intended for students who wish to get introductory knowledge of the French civil law system, serve French or international clients and organizations and conduct French or international legal transactions. The typical class session will consist of a presentation of a specific French law topic and related basic principles (including constitutional law, general civil law, corporation law, financial transactions, criminal law) followed by oral and written exercises giving students exposure to French court decisions, French statutes and other tools used by French legal practitioners.
Instruction will be in English.
Students will be evaluated based on class participation and a few written assignments; a final examination may be delivered.
Autumn 2012
Caroline Paranikas
-
Fundamentals of Accounting for Attorneys
LAWS 79112
- 01
(3)
m, s, x
This seminar will teach the basic fundamentals of accounting to better prepare you to recognize and understand financial business issues related to the practice of law. Topics include key accounting concepts, reading financial statements and financial statement analysis. The class sessions will include guest speakers presenting on current accounting hot topics such as Sarbanes Oxley, International Financial Reporting Standards (IFRS) and forensic accounting (investigating accounting frauds).
The class is designed for those who have never taken an accounting class and/or have little financial background. There are no prerequisites but you should not take this class if you have taken an accounting class before or if you have experience in finance or accounting.
Grades will be based on papers and a final examination.
Autumn 2012
Philip Bach, Sean Young