-
Evidence
LAWS 41601
- 01
(3)
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 2014
Brian Leiter
-
Evidence
LAWS 41601
- 01
(3)
e, 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 2014
Emily Buss
-
Evolution of Legal Doctrines
LAWS 65302
- 01
(3)
m, w, x
Legal doctrines have life cycles. They are born and mature. Many doctrines fade and die. There is a form of natural selection among doctrines, with several candidates offering to serve the same function in different ways. This seminar looks at the maturation and replacement of doctrines, posing the question why some die and others survive. Scope is eclectic: the doctrines range from "separate but equal" under the equal protection clause to the "original package doctrine" under the commerce clause, from the appointment of counsel under the Sixth Amendment to the understanding of the Rules of Decision Act (that is, why Swift gave way to Erie). The premise of the seminar is that those who fail to learn from the past are condemned to repeat it.
Winter 2014
Frank H. Easterbrook
-
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.
For 2 credits, two short (10-12 pg.) papers; for 3 credits, one short and one long (approximately 20 pg.) papers. Each student also must make a class presentation on one of the paper topics.
Spring 2014
Jim Foorman
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Exoneration Project Clinic
LAWS 67413
- 01
(1)
+, a, s
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 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 2014
Russell Ainsworth, Tara Thompson, David Owens
-
Exoneration Project Clinic
LAWS 67413
- 01
(1)
+, a, s
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 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 2014
Russell Ainsworth, Tara Thompson, David Owens
-
Exoneration Project Clinic
LAWS 67413
- 01
(1)
+, a, s
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 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 2013
Russell Ainsworth, Tara Thompson, David Owens
-
Federal Courts
LAWS 41101
- 01
(3)
+
This course will consider the functioning of the federal courts in our larger federal system. Particular attention will be paid to doctrinal questions pertinent to those intending to litigate in federal court or serve as federal law clerks.
It is recommended that students take Constitutional Law I before taking this class.
The student's grade is based on a proctored final examination.
Winter 2014
Aziz Huq
-
Federal Courts
LAWS 41101
- 01
(3)
+
This course covers the role of the federal courts in the federal system. Topics will include the jurisdiction of the federal courts, Congress's power over those courts, litigation against federal and state governments and their officials, direct and collateral review of state-court decisions, and other doctrines.
There are no prerequisites other than Civil Procedure II, although Constitutional Law I will be useful.
The student's grade is based on class participation and a final take-home examination.
Spring 2014
William Baude
-
Federal Criminal Justice Clinic
LAWS 67513
- 01
(1 to 2)
+, a, s, w, x
The Federal Criminal Justice Clinic zealously represents indigent defendants charged with federal crimes and gives students a unique opportunity to practice in federal district court and the Seventh Circuit Court of Appeals and to write briefs to the United States Supreme Court. The FCJC is the only legal clinic in the country that exclusively represents indigent clients charged with federal felonies. We enter our federal district court cases at the time of the arrest, take them to trial or guilty plea and sentencing, and then carry them through appeal and beyond. As part of our broader mission to promote fairness in the criminal justice system, we also take Seventh Circuit appeals and write amicus briefs and petitions for certiorari to the Supreme Court. We filed amicus briefs in two Supreme Court cases last year: Alleyne v. United States, No. 11-9335, and United States v. Davila, No. 12-167.
FCJC students interview clients and witnesses; meet regularly with clients at the federal jail; conduct and participate in bond hearings, preliminary hearings, arraignments, evidentiary hearings, plea hearings, sentencing hearings, and trials; research, write, and argue motions and briefs; negotiate with prosecutors; and participate in case investigations. Students involved in our appellate litigation research and write briefs to the Seventh Circuit and the Supreme Court and conduct oral argument in the Seventh Circuit. The seminar component includes skills exercises, simulations, lectures, case rounds, and discussions. The pre-requisites/co-requisites are Evidence, Criminal Procedure I, and Professor Siegler’s Federal Criminal Procedure course; 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 Erica Zunkel’s Federal Sentencing seminar during 2L year, and take the Intensive Trial Practice Workshop at the beginning of 3L year. The FCJC gives priority to 3Ls but is also open to 2Ls. Students typically apply 6 credits to the clinic during 3L year; students are limited to 3 credits during 2L year to preserve credits for 3L year.
Autumn 2013
Erica Zunkel, Alison Siegler
-
Federal Criminal Justice Clinic
LAWS 67513
- 01
(1 to 2)
+, a, s, w
The Federal Criminal Justice Clinic zealously represents indigent defendants charged with federal crimes and gives students a unique opportunity to practice in federal district court and the Seventh Circuit Court of Appeals and to write briefs to the United States Supreme Court. The FCJC is the only legal clinic in the country that exclusively represents indigent clients charged with federal felonies. We enter our federal district court cases at the time of the arrest, take them to trial or guilty plea and sentencing, and then carry them through appeal and beyond. As part of our broader mission to promote fairness in the criminal justice system, we also take Seventh Circuit appeals and write amicus briefs and petitions for certiorari to the Supreme Court. We filed amicus briefs in two Supreme Court cases last year: Alleyne v. United States, No. 11-9335, and United States v. Davila, No. 12-167.
FCJC students interview clients and witnesses; meet regularly with clients at the federal jail; conduct and participate in bond hearings, preliminary hearings, arraignments, evidentiary hearings, plea hearings, sentencing hearings, and trials; research, write, and argue motions and briefs; negotiate with prosecutors; and participate in case investigations. Students involved in our appellate litigation research and write briefs to the Seventh Circuit and the Supreme Court and conduct oral argument in the Seventh Circuit. The seminar component includes skills exercises, simulations, lectures, case rounds, and discussions. The pre-requisites/co-requisites are Evidence, Criminal Procedure I, and Professor Siegler’s Federal Criminal Procedure course; 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 Erica Zunkel’s Federal Sentencing seminar during 2L year, and take the Intensive Trial Practice Workshop at the beginning of 3L year. The FCJC gives priority to 3Ls but is also open to 2Ls. Students typically apply 6 credits to the clinic during 3L year; students are limited to 3 credits during 2L year to preserve credits for 3L year.
Winter 2014
Erica Zunkel, Alison Siegler
-
Federal Criminal Justice Clinic
LAWS 67513
- 01
(1 to 2)
+, a, s, w
The Federal Criminal Justice Clinic zealously represents indigent defendants charged with federal crimes and gives students a unique opportunity to practice in federal district court and the Seventh Circuit Court of Appeals and to write briefs to the United States Supreme Court. The FCJC is the only legal clinic in the country that exclusively represents indigent clients charged with federal felonies. We enter our federal district court cases at the time of the arrest, take them to trial or guilty plea and sentencing, and then carry them through appeal and beyond. As part of our broader mission to promote fairness in the criminal justice system, we also take Seventh Circuit appeals and write amicus briefs and petitions for certiorari to the Supreme Court. We filed amicus briefs in two Supreme Court cases last year: Alleyne v. United States, No. 11-9335, and United States v. Davila, No. 12-167.
FCJC students interview clients and witnesses; meet regularly with clients at the federal jail; conduct and participate in bond hearings, preliminary hearings, arraignments, evidentiary hearings, plea hearings, sentencing hearings, and trials; research, write, and argue motions and briefs; negotiate with prosecutors; and participate in case investigations. Students involved in our appellate litigation research and write briefs to the Seventh Circuit and the Supreme Court and conduct oral argument in the Seventh Circuit. The seminar component includes skills exercises, simulations, lectures, case rounds, and discussions. The pre-requisites/co-requisites are Evidence, Criminal Procedure I, and Professor Siegler’s Federal Criminal Procedure course; 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 Erica Zunkel’s Federal Sentencing seminar during 2L year, and take the Intensive Trial Practice Workshop at the beginning of 3L year. The FCJC gives priority to 3Ls but is also open to 2Ls. Students typically apply 6 credits to the clinic during 3L year; students are limited to 3 credits during 2L year to preserve credits for 3L year.
Spring 2014
Erica Zunkel, Alison Siegler
-
Federal Criminal Practice
LAWS 47502
- 01
(2)
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 2014
Daniel Rubinstein, John Lausch, Shannon T. Murphy
-
Federal Criminal Procedure: From Bail to Jail
LAWS 47301
- 01
(3)
x
This course surveys the federal criminal process from the formal filing of charges in court through trial and beyond. While Criminal Procedure I examines the procedural rules that govern police investigations, this course examines the procedural rules that govern the criminal process after an arrest. (This course is not called “Criminal Procedure II” because there are no prerequisites and it is not related to Criminal Procedure I.) The law that governs after formal proceedings have commenced is based largely on the Federal Rules of Criminal Procedure and on the Fifth and Sixth Amendments, but is less doctrinal and constitutional than the law that governs during the investigative stage of a case. Topics include: pretrial release and detention, the preliminary hearing, the grand jury, the charging instrument, joinder and severance, discovery, selected trial issues (including confrontation rights), plea bargaining and negotiation, and sentencing. We also examine prosecutorial discretion and ethical issues surrounding the representation of criminal defendants. Various guest speakers typically visit class, including federal district court judges, an Assistant United States Attorney, and a criminal defense lawyer.
The final grade is based on an eight-hour take-home examination.
Autumn 2013
Alison Siegler
-
Federal Regulation of Securities
LAWS 42401
- 01
(3)
This course will consider the federal rules governing the issuance of securities (both equity and debt) by corporations. Special emphasis will be placed on interpreting two federal statutes and a body of rules promulgated by the administrative agency responsible for regulating public securities markets.
Winter 2014
M. Todd Henderson
-
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.
Spring 2014
Thomas J. Miles
-
Federal Sentencing: Balancing Judicial and Prosecutorial Discretion
LAWS 47602
- 01
(3)
m, 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 try 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.
Spring 2014
Erica Zunkel
-
Federal Tax Policy Seminar
LAWS 55801
- 01
(2)
+, m, x
This seminar will examine selected topics of current interest in federal tax policy. The exact mix of topics will depend (at least in part) on tax legislation under consideration by Congress.
Students will be graded on a combination of class participation and five short reaction papers.
Winter 2014
Julie Roin
-
Food and Drug Law
LAWS 94501
- 01
(3)
c/l, w
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.
Spring 2014
Jack Bierig
-
Foreign Relations Law
LAWS 97801
- 01
(3)
e, x
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.
Spring 2014
Daniel Abebe
