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Fall 2014 First Assignments

(Updated: Fri., October 24, 2014 2:55 PM)

[Select courses]

Administrative Law ( - 532) - Sant'Ambrogio, M.

Books: Required:

State and Federal Administrative Law by Asimow and Levin. 4th ed. ISBN: 978-0314283795.

Assignment: Read pp. 1-14 in Asimow and Levin, State and Federal Administrative Law (4th Ed.) and begin thinking about Problem 1.7 on pp. 13-14. Read Supp. 1 (Stewart, The Reformation of American Administrative Law), posted on TWEN.

Details:

ADR in the Workplace ( - 505D) - Bedikian, M.

Books: Required:

ADR in the Workplace by Cooper, Nolan, Bales and Befort. 3rd ed. West. ISBN: 978-0314195883.

Assignment: Pages 3-39. [Essentially, chapters 1 and 2].


Details:

Advanced Legal Research ( - 586) - Hanna/Hedin

Books: Required:

The Process of Legal Research by Kunz, et.al. 7th ed. ISBN: 978-0735569775 or 8th ed. The Process of Legal Research Authorities and Options by Kunz, et.al. ISBN: 978-1454805526.

Assignment: No first assignment.

Details:

Advanced Legal Research ( - 586) - Bean, B., Meland, J.

Books: Required:

The Process of Legal Research by Kunz. 8th ed. Aspen. ISBN: 978-1454805526.

Assignment: The first assignment for this class will be posted on the TWEN site.

Details:

Advanced Topics in Indian Law: Indian Child Welfare Act ( - 635A) - Fort, K.

Books: Required:

1. The Indian Child Welfare Act Handbook by B.J. Jones et.al. 2nd ed. ISBN: 978-1590318584.
2. Child Tribes and States: Adoption & Custody Conflicts over American Indian Children, Atwood. Caroline Press. 978-1594605222.

Assignment: Indian Child Welfare Act Handbook - read pp. 153-169.

Child Tribes and States - read pp. 1-15 and 191-210.

Details:

American Legal History Seminar ( - 636) - Ten Brink, C.

Books: REVISED: 8/15/2014

Recommended only:

1. Law in American History, Vol. 1: From the Colonial Years through the Civil War by G. Edward White. Oxford University Press. ISBN: 978-0195102475.
2. History of American Law by Friedman. 3rd ed. S & S Publisher. ISBN: 978-1599418636.

Assignment: The first weeks readings are available on the TWEN page for this course. The readings for the entire semester are available on thumb drives and may be picked u at the Circulation Desk in the Library.

Details: This seminar will not be a strict chronological review of the development of legal doctrines in the United States, but will focus on the institutions that have shaped those doctrines. The readings for each class are generally original source documents organized around a common era or theme. The teaching style of this course has some aspects of the traditional Socratic method, but is more similar to a debate. Students are expected to engage in dialogue, not with the end of drawing conclusions about legal doctrines, but rather to analyze the effect of social and political forces on the development of those doctrines. Each class will begin with a short presentation from a student and from the instructor, presenting overarching themes and providing historical context for the readings for that week. The class is then divided into small groups, each of which will select a group leader and discuss one of the focus questions for that week. After a short break, the class reassembles to discuss the focus questions, led by the group leaders and the instructor. Class participation is 20% of the grade for the course. This includes student presentations, work as group leaders, overall participation in course discussions, and feedback on other students’ paper topic proposals. A final paper, meeting the standards for the upper level writing requirement, is 80% of the grade.


Analytical Methods for Lawyers-Microeconomics ( - 509A) - Mercuro, N.

Books: A required collection of readings will become available early August at Budget Printing on Trowbridge Rd.

Assignment: Analytical Methods for Lawyers - Microeconomics
Tuesday & Thursday 4:00pm - 5:15pm

For the first class ... read ...

Introduction to Economics: pp. 2-8
Principles: pp. 9-12
Immense Desires & Limited Resources / Factors of Production
The Costs of Factors of Production [wages, interest, rents, and normal profit]
Production Possibilities Frontier - Opportunity Costs - Problem of Choice
The "Economic Way of Thinking" - Marginalist Approach

You will receive an e-mail from the professor when the Reader will become available ... not before the 2nd week in August.

I have assembled a 1-volume collection of readings for this 5-week course; it will be available at Budget Printers on Trowbridge Road. Please treat the collection as a 'workbook' ... we will be going through the entire book, class by class. Almost everything that you need for the course is there ... For those of you who 'catch on' ... all you need to do in class is to ask questions on the materials you have read and studied before coming to class. I am there to explain the materials to you and to answer any and all of your questions. When you leave class each day, you should have a full and complete understanding of that day's materials ... all of your hand-marked questions in the margin of the workbook should have been asked and answered.

Note: page numbers refer to the page numbers hand written at the bottom of the page in the Collection of Readings – not the original page numbers.


Details:

Analytical Methods for Lawyers-Statistics ( - 509B) - Fischer, P.

Books: Required: Fundamentals of Statistical Analysis.by David Cope. New York: Foundation Press, 2005. ISBN: 1587788950.

Assignment:

Details: Statistics can be daunting and something many are afraid to approach, but this course is designed to take that fear away! Your instructor has experience in both legal matters and how to use statistics to enhance that work. She holds a J.D. and is nearing completion of her PhD in Criminal Justice. These two fields are nicely integrated in a way that provides the student with some fundamental knowledge of how to seek out experts for use or interpret simple statistical measures. You do not need more than a fundamental knowledge of what statistical analysis produces and the rest will be presented using a legally-focused book on statistics.
This course is not designed to be a course simply about statistics, but one that will present to you tools to use in your work when those statistics are needed. These tools may help you defend faulty social science and litigate successfully. Expectations for the class are that you will complete an individual presentation assignment to the class; your participation in learning the materials and a final examination on the information presented. The course is supplemented with some practically-based journal articles to cover the topics being studied. The source of your grade will be a compilation of your participation in class, presentation of topic information and completion of a final examination covering the material from this course.


Antitrust Law ( - 504) - Juckniess, F.

Books: Required:

Antitrust Analysis: Problems, Text, Cases by Areeda, Kaplow & Edlin. 7th ed. Wolters Kluwer. ISBN: 978-1454824992.

Assignment: Lecture 1 (September 3):
Introduction. Parts I and II, as set forth in the course outline, below.
Background and Statutory Text
History: ¶¶128-133
The Role of Economics
Antitrust Study and Economics, ¶¶103-127
Recent Examples
Antitrust examples handout (To be distributed by Email)
Relevant Market and Market Power
Monopoly Power, ¶¶344-47
Market Definition, ¶¶348-351
 US v. E.I. du Pont de Memours & Co (Cellophane), p. 558-63
Also read:
 Queen City Pizza v. Domino’s Pizza, Inc., 124 F.3d 430 (3rd Cir. 1997)
 FTC v. Whole Foods Market, 548 F.3d 1028 (D.C. Cir. 2008)
Lecture 2 (September 10):
(Finish Market Segment)
I. Horizontal Restraints: Agreements Among Direct Competitors
Sherman Act § 1 ¶¶201
A. Price restraints and the per se/rule of reason dichotomy
3
Early cases ¶¶202
 United States v. Trans-Missouri Freight Assoc, 120-21
 Standard Oil v. United States, 125-126
 Chicago Board of Trade v. United States, 126-129
 Appalachian Coals v. United States, 132-134
 United States v. Socony-Vacuum Oil Co. and note, 134-140
B. Determining what is Reasonable: The Rule of Reason ¶¶213-218
 Notes, ¶¶213-214
 Broadcast Music v. CBS, 149-58; note, ¶217
 Arizona v. Maricopa County Medical Soc, 159-65
 Note, ¶ 218
 National Society of Professional Engineers v. United States, 166-171


Details:

Applied Evidence ( - 590A) - Kaplan, S.

Books: Required:

Evidence in Context by Burns, Lubet and Moberly. 4th ed. 2010. National Institute for Trial Advocacy. ISBN: 978-1422491669.

Assignment:

Details:

Arbitration (Labor) ( - 505B) - Roumell, G.

Books: Required:

Roumell's Primer coursepack. This will be available at the Spartan Bookstore.

Assignment:

Details:

Arbitration Advocacy ( - 505G) - Bedikian, M.

Books: No textbook required.

Assignment:

Details: This is a competition class. Students will work closely in teams to master the art of arbitration advocacy. The course essentially integrates everything students learn in law school-doctrinal instruction, cognitive development and professional identity. Student instruction will focus, among other topis, on the following:

Arbitration Theory - what is arbitration and how it differs or is similar to trial. Creating a persuasive themed opening statement (and how to avoid traps of "argument"). Using effective "trial" technology in opening statements/closing arguments. Organizing the direct and cross examination of witnesses. Effectively discrediting testimony. Creating a closing argument consistent with opening statement themes and testimony. Students will compete in a regional competition in November. If selected by judges as a top performing team, the (s) will advance to the national competition in January.


Basic Income Taxation A ( - 501A) - McCormick, A.

Books: Required:

1. Taxation of Individual Income by J. Martin Burke and Michael K. Friel. Revised 9th ed. LexisNexis. ISBN: 14224-82413.
2. Selected Federal Taxation Statues & Regulations edited by Daniel Lathrope. West.

Assignment: 1. Register on the Westlaw TWEN site for Basic Tax A with Professor McCormick. Get help from the library and/or computer lab if you have trouble registering. The password for registering is basic. The TWEN site will be open to subscribers in early or mid August.

2. Download and read the syllabus which appears on the TWEN site.

3. Read and prepare the first listed assignment in the syllabus. This includes a reading assignment from Chapter 1 of the textbook as well as an assignment from the Code book. Be prepared to discuss the problems at the beginning of Chapter 1.



Details: Basic Income Tax A covers the basic concepts of federal income taxation and is ideal for students interested in learning basic information about tax law but who are not necessarily expecting to specialize in tax or business fields. Fewer topics are covered than in Basic Income Taxation B. Topics covered include: various forms of income and exclusions from income; cost recovery of business expenditures; individuals’ deductions; capital gains & losses; and income shifting. The course uses a modified Socratic approach with an emphasis on problem solving. Sample examination questions are provided to allow a student to determine how well he or she learned and retained the material. The grade in the course is based on a final examination with consideration given to class participation.


Basic Income Taxation B ( - 501B) - Carew, M.

Books: Required:

1. Taxation of Individual Income by Burke & Friel, 10th ed. ISBN: 978-0769848914. The supplement will be emailed to you in August..
2. Federal Income Tax: Code and Regulations-Selected Sections (2013-2014) by Dickinson. ISBN: 978-0808034650.

Assignment: Monday August 25

Burke and Freil Chapters 1 and 2

Wednesday August 27

B&F Chapters 3 and 4

In each class we will discuss any material sections of the Internal Revenue Code and Treasury Regulations, the cases in the textbook and we will do a selection of problems in class to apply concepts.


Details:

Basic Will Drafting ( - 540A) - Behan, M.

Books: Required:

Principles of Wills, Trust & Estates by McGovern. 5th ed. West. ISBN: 9780314273574

Assignment:

Details:

Biotechnology Law and Food Products ( - 810P) - Carter-Johnson, J.

Books: Revised: 8/29/2014

No textbook is required.

Assignment:

Details:

Biotechnology Law Seminar ( - 558S) - Carter-Johnson, J.

Books: There is no course textbook but students will need to buy The Immortal Life of Henrietta Lacks by Rebecca Skloot. ISBN: 978-1400052189.

revised 6.9.2014

Assignment: Sign up on the TWEN site for this course. The first assignment and syllabus will be posted on the site.

Details:

Business Enterprises ( - 500M) - Bean, B.

Books: Required: Revised materials 6/16/2014

1. Business Enterprises by Klein, Ramseyer and Bainbridge, 6th, 7th or 8th ed are all usable.
2, Mastering Corporations and other Business Enterprises by Lee Harris, Caroline Academic Press, 2009. ISBN: 978-1594604447.


Assignment: 1. Business Enterprise by Klein, Ramseyer and Bainbridge. 6th, 7th or 8th ed. are all usable.

2. Mastering Corporations and other Business Enterprises by Lee Harris. Caroline Academic Press, 2009. ISBN: 978-1594604447.

Assignment: Sign on to the TWEN site for this course, download the Introduction, Syllabus and Game Plan for Days 1 and 2. Review the Supplemental Materials included on the TWEN site for Days 1 and 2. Read the Harris materials very carefully as we will have some sort of quiz on the business and economics terminology that we use throughout the course. (Mastering the terminology is the key to Acing the course.)

FYI, there is more reading for Day 1 than for the other 27 Days in BE. Thus, you may wish to start early.
You will also need to prepare the cases from Bainbridge. Feel free to pose questions and comments/complaints on the "Forum" part of the TWEN site. You should also not hesitate to email the TAs to explain whatever is unclear.


Details: Business Enterprises is a four-credit course which deals with the various forms of legal entities used to engage in commercial activities. All bar examinations include questions covering Business Enterprises/Corporations. Unincorporated business forms are also studied with emphasis on the rapidly expanding area of Limited Liability Companies. The Federal securities laws are referred to but are not a significant aspect of the course. While there are several drafting exercises, the course is principally conducted as a discussion of the 100 or so cases we read. In addition, we shall regularly discuss current developments in the business press regarding matters directly related to the course. These developments include shareholder activism, claims asserted against boards of directors and mergers and acquisitions.

The TWEN Site is an important aspect of the course. All materials and daily assignments, plus many supplemental materials will be found there. The first week’s Game Plan and assignments will be posted there several weeks prior to the first class. The Game Plans outline the materials to be read, questions to consider while reviewing each case and often include information providing background material that might otherwise have to be presented in lectures. The final examination accounts for 85% of the grade, the drafting exercises and class participation 15%.


Business Enterprises ( - 500M) - Walther, B.

Books: No textbook required.

Assignment: No first assignment.

Details:

Business, Securities and Tax Planning ( - 507) - Meurlin/Kretschman

Books: Required:

1. Drakes Business Planning: Closely Held Enterprises by Drake. 4th ed. West. ISBN: 978-0314289605.

Recommended:

1. Corporate and Partnership Taxation: Black Letter Outlines by Schwartz. 6th or 7th edition. Thomson West.

Assignment: FIRST THREE CLASS ASSIGNMENTS


Class 1 – 8/27 Introduction/Corporate Finance

• Class Introductions –

o Get a perspective on the students – background, experience
o Grading and discussion of class participation

• Objectives of the Class –

o To gain knowledge of the integration of both tax and “corporate” (in a generic sense that includes partnership/LLC law) law

o To help understand how to integrate business needs with legal concepts – to “practice in context”

o We might modulate our progress depending on how we think that the class is grasping the material. We have set forth in this Syllabus the “slow” step by step progress, but could speed things up to allow more topics to be covered.

• Fundamental tax concept on when some transaction is taxable. (Hypothetical on class handout – on TWEN)

• The business context - in the context of a shareholders agreement

o Types of Owners (from the book)
o What business issues do the different type of owners have in setting forth the relationship among the owners of a business?

• Financial / Business Concepts:

o Income Statements and Balance Sheets
o Cash flow
o EBITDA
o Capital Needs – the problem of growth and business model
o Basics of Valuation – DCF/earnings multiples

• Assignment:

o pp. 23-47 in Drake book
o Problem 2-B in Drake book

• Team Exercise:

o Problem 2-C in Drake book

Class 2 – 9/3 Introduction to Choice of Entity/Securities

• Introduction to Choice of Entity (with very little tax discussion)

o Entity Choices
o Factors to Consider
o Principal Documentation (Charter, By-laws, Operating Agreement)
o The Matrix for Decision-making (continuing model for understanding concepts)

• Getting Money/Assets into an Entity:

o Corporate Mechanics
o Securities Law Mechanics

• Securities Laws Introduction:

o Introduction to the 33 Act (every transaction needs registration or an exemption)

o Registration and anti-fraud provisions of securities laws

 What is a security?
 Private Placements
 Crowdfunding
 Intrastate Exemption
 Restricted Shares/Resale issues

o Blue Sky – state securities laws

o Finders – the need for registration


• Assignment:

o pp. 51-55; 75-87 in Drake book.
o pp. 181-208 in Drake book.

• Team Exercise

o Problem 6-C in Drake book.


Class 3 – 9/10 Governance of Entities & Documenting the Entity


• Business issues to Consider

o Economics – cash distributions (including rights to distributions)/capital calls
o Governance - voting and control rights
o Conflicts of Interest - non-competes/business opportunities
o Exiting the entity – rights of first refusal/buy-sells (introduced here and covered in Classes 8-10)

• Corporate Documents

o Close Corporations
o Shareholder Agreement

• LLC Documents

o Operating Agreement

• Piercing the Corporate/LLC Veil

• Fiduciary Duties

o For corporations and LLCs
o Default duties

• Oppression


• Assignment:

o pp. 90-112; 126-144; 149-157; 165-173 (all references for this class are to the Drake book)
o Problem 4-C (p.108)
o pp. 281-293
o Review the Operating Agreement at the back of the Drake book (pp. 695)

• Class Exercise

o Problem 6-C (p. 208)










Details:

Capstone Intellectual Property and Communications Law Seminar ( - 535E) - Candeub, A.

Books: No textbook required.

Assignment: A handout that you will need prior to our first class is available outside room 465.

Details:

Capstone Intellectual Property and Communications Law Seminar ( - 535E) - Candeub, A.

Books: No textbook required.

Assignment: A handout is available outside room 465 that you will need prior to the first class.

Details:

Chance at Childhood Clinic ( - 631F) - Kozakiewicz, J.

Books: No textbook required.

Assignment:

Details:

Civil Litigation Practice and Procedure for Foreign Lawyers ( - 805) - Wittner, N.

Books: Required:

1. Civil Litigation Practice and Procedure for Foreign Lawyers by Wittner. Aspen, 2nd ed., 2012. ISBN: 978-1454823766.

Assignment:

Details:

Civil Litigation Practice and Procedure for Foreign Lawyers ( - 805) - Wittner, N.

Books: Required:

1. Civil Litigation Practice and Procedure for Foreign Lawyers by Wittner. Aspen, 2nd ed., 2012. ISBN: 978-1454823766.

Assignment:

Details:

Civil Procedure I ( - 530A) - Kennedy, K.

Books: Required:
1. Civil Procedure: Materials for a Basic Course by Field, Kaplan, Clermont, Struve. Concise 11th ed. Foundation Press. ISBN: 0978-1609302580.
2. Federal Rules of civil Procedure and Selected Other Procedural Provisions by Kevin Clermont, 2014, Foundation Press. ISBN: 978-1609304737.

Assignment: For the first week of classes read and study with care pp. 1-32 of the casebook. Be sure that you have purchased the correct casebook: Field, Kaplan, Clermont, Struve, Civil Procedure: Materials for a Basic Course, Concise Eleventh Edition (Foundation Press, 11th ed.) ISBN 9781609302580. N.B.: This casebook comes in two versions, a long edition and a concise edition. Please be sure to purchase the Concise edition.
In addition to the casebook reading, read and study with care all references to the Federal Rules of Civil Procedure and federal statutes that are cited in the reading. Those Rules and federal statutes can be found in the second required book purchase for this course, Kevin Clermont, Federal Rules of Civil Procedure and Selected Other Procedural Provisions, 2014 (Foundation Press 2014) ISBN 9781609304737 (hereinafter referred to as “the Documents Supplement”). Be sure that you have purchased the correct Documents Supplement. Substitutes and alternatives are unacceptable.
The phrase “read and study with care” includes, but is not limited to, (1) reading this and every assignment in this course no fewer than three times, (2) reading the footnotes in the assignment, and (3) making a good faith effort to answer all the questions posed in the reading assignment. If you are not devoting at least 12 hours per week on this course outside of class, then you are doing something wrong.


Details:

Civil Procedure I ( - 530A) - Darden, T.

Books: Required:

1. Federal Rules of Civil Procedure with Selected Statutes, Cases & Other Materials by Yeazell. Wolters Kluwer, 2014 ed. ISBN: 978-1454841777. REVISED 8/15/2014.
2. Civil Procedure by Yeazell. Wolters Kluwer, 8th ed. ISBN: 978-1454807105.

Assignment: No first assignment.

Details:

Civil Procedure I ( - 530A) - Staszewski, G.

Books: Required:

1. Civil Procedure by Yeazell. 8th ed. Aspen. ISBN: 978-1454807100.
2. 2014 Federal Rules of Civil Procedure with Selected Rules and Statutes. ISBN: 978-1454841777.

Recommended:

Civil Procedure: Examples and Explanations by Glannon., 7th ed. Aspen. ISBN: 978-1454815488.

Assignment: (1) Read pages 1-26 and 275-77 of the casebook; and

(2) Read U.S. Constitution, Art. III (Rulebook pp. 278-79); 28 U.S.C. §§ 1331-1332(a)-(c), & 1391 (Rulebook pp. 336-37, 350-51); and Fed.R.Civ.P. 1, 8, 11, 12 (Rulebook pp. 13, 30-32, 34-40).


Details:

Civil Rights Clinic I ( - 630X) - Manville, D.

Books: Required:

Prisoner Self Help Litigation Manual by Manville. 2010, Oxford Press. ISBN: 978-0195374407.

Federal Rules of Civil Procedure and Federal Rules of Evidence. You will need a copy of each.

Assignment:

Details:

Civil Rights Clinic II ( - 630Z) - Manville, D.

Books: Required:

1. Prisoner Self Help Litigation Manual by Manville. 2010 Oxford. ISBN: 978-0195374407.

2, Federal Rules of Civil Procedure and Federal Rules of Evidence. You will need a copy of each.

Assignment:

Details:

Client Counseling and Interviewing ( - 591A) - Winegarden, J.

Books: Required: Pretrial Litigation in a Nut Shell by Dessem. 5th ed., 2002. ISBN: 978-0314273963.

Assignment: In advance of week one please read pages:
1-32 in your casebook.


Details: This seminar course employs a client-centered approach to reviewing and investigating legal problems and examines how to gain trust and understanding while working with the client during the litigation process to more effectively represent a client. Attention is paid to the economic, social and psychological aspects of the clients legal problems and how to work with the client effectively. This practical pragmatic course starts with an examination of fundamental counseling skills, interviewing, pretrial litigation process, and ultimate decision making process occurring during an ongoing litigation.

Climate Change Law and Policy ( - 566K) - Chen, J.

Books: Required:

Climate Change and the Law by Wold, Hunter & Powers. Lexis Nexis, 2013. ISBN: 978-0769860268.

Assignment:

Details:

Codex Alimentarius ( - 810F) - Hegarty, P.

Books: No textbook required.

Assignment:

Details:

Commercial Transactions Survey ( - 501M) - Alsup/Barnhizer

Books: Required:

Professor Barnhizer Comm Trans. Custom Text. LexisNexis. 0006002440103. This text will be available at the Spartan Bookstore.

Assignment: MICHIGAN STATE UNIVERSITY
COLLEGE OF LAW

Commercial Transactions Survey (Alsup & Barnhizer)

A. First Assignment – Posted on the Lexis Webcourses Site for this course and at the end of this syllabus.
B. General Information

Credits: 3
Course No.: 501M
Section No.: 001
Day/Time: Tuesday-Thursday/1:30pm - 2:45pm
Classroom: 471
Final Exam: Tuesday, December 9, 2014 at 1:30 pm
Office and Hours:
Alsup: Room 308A, by appointment
Barnhizer: Room 230-E – Monday 10:30-11:30am, other times by appointment
Email: alsupc@law.msu.edu ; barnhize@law.msu.edu

Phone No.: Alsup (517.432.6806); Barnhizer (517.432.6901)

Texts:

Required: Coursepack: Selections from: King, Barnhizer, Knight, Payne, Starnes, Stone, Commercial Transactions Under the Uniform Commercial Code and Other Laws (6th ed. 2011) ISBN: Professor Barnhizer Comm Trans. Custom Text. LexisNexis. 0006002440103

.


Recommended / Optional: Statutory Supplement: YOU DO NOT NEED A STATUTORY SUPPLEMENT. You will be able to use Westlaw / Lexis during class, and may look up any relevant code sections there.

If you do want to have a statutory supplement for study, etc., then we recommend Chomsky, Duhl, Kunz & Schiltz, Selected Commercial Statutes 2013 (ISBN-13: 978-0314288370). The current edition is also acceptable.
Additional readings will be posted on the Lexis website for this course.
C. A NOTE ON YOUR TEXTS
This is a Code course. You must read the Code. YOU WILL PERFORM POORLY ON THE FINAL EXAM AND IN-CLASS DISCUSSIONS UNLESS YOU READ THE CODE. That said, we do not require you to purchase a statutory supplement because, unlike 1L’s who may not have Westlaw training at the beginning of school and who may benefit from a supplement, you are now the equivalent of fledgling eaglets, ready to stretch your wings and soar into the wide world of law. The Code is available on Westlaw (or that other service owned by the company that happened to publish the book for this class), you are responsible for translating some version of it into your own statutory supplement. Because of bar exam issues, however, the final will be closed book.

D. Lexis Webcourses
You are required to sign up for the Lexis Webcourses page for this course. You cannot make it in this course without signing up for Lexis Webcourses since we will be distributing your problem sets and other materials through that forum. The course is “Commercial Transactions Survey” on the Lexis site.

Failure to sign up for Lexis will prevent you from receiving course materials, assignments, and a favorable course participation grade.
E. Course Objectives:
This course is about the bread and butter of economic life – buying, selling, leasing, documenting and paying for various commercial transactions. Another course – secured transactions – covers mechanisms for creating security interests in these transactions.
This is a course about the Code, how to read it and how to use it. As Karl Llewellyn notes in The Common Law Tradition, “If a statute is to make sense, it must be read in the light of some assumed purpose. A statute merely declaring a rule, with no purpose or objective, is nonsense.” Llewellyn referred to statutes or rules that properly contained both a direction and a statement of purpose behind that direction as “singing rules.” The Code is Llewellyn’s masterpiece and probably comes as close as possible to creating in real life his “singing rules.”
In this survey course we will cover material from six Articles – Article 1 (General Provisions), Article 2 (Sales), Article 3 (Negotiable Instruments), Article 4 (Bank Deposits and Collections), Article 4A (Funds Transfers), Article 5 (Letters of Credit), and Article 7 (Documents of Title). You must read the pertinent Code sections throughout the course.
F. Teaching Modes: (THIS APPEARS IN YELLOW IN THE TEXT FILE BECAUSE WE REALLY, REALLY NEED YOU TO READ THIS).
This is a Code- and problems-based course. Cases are kept to an absolute minimum and are offered for illustration of important points in the Code, not for their common law content. A typical class will cover about 15-20 minutes of lecture (if that), followed by analysis of the problems provided either before class or during class. You cannot solve the problems without reading the Code. This critical application of the Code to the problems in every class is potentially the closest you will come in a law school class to the actual practice of law.
BUT – the nature of this course demands active preparation and participation on the part of the students. If you do not participate in class, if you do not contribute to the discussion, if you do not prepare by reading the assigned book materials and the statutory materials, you will not do well on our final. A significant portion of the final exam will be the same format as the problems we will discuss all semester long. This means that if you forgo the opportunity to practice answering problems in that format during 28 classes, it is unlikely that you will be well-prepared for the final exam.

This class, as the name suggests, will survey multiple aspects of sales and payment systems used to accomplish commercial transactions. This is only a survey—the purpose is to provide you with a foundation in the law of commercial transactions and to acclimate you to working with a well-structured code like the UCC. This is the field where your clients sell or lease stuff for money and try to get paid. It is the bread and butter of much of the field of business and commercial law practice. It's also tested on the bar.

You need to learn to read and work with the Code and related statutory materials as primary texts, not merely afterthoughts to a judicial opinion. You can't really do that unless you delve deeply into the language and comments of the Code itself, rather than allowing a judge to chew it up for you first.

The problem with that, however, is that reading the Code without a purpose is soporific and has in fact been used to induce artificial comas in laboratory mice. The solution to the stultifying immenseness of the Code language is to teach the class as a problem-solving exercise. Each class will require you to engage in practical and critical application of the Code to one or more case studies. Although similar to the types of problems you find in the Aspen Examples & Explanations series, our problems will reference the potentially relevant statutory and Code sections, and you will work in groups to attempt to develop a proposed analysis and solution for the problem. The CLOSED BOOK FINAL EXAM will include questions in a format substantially similar to the types of problems that you discussed in class (although the problems themselves will likely be different).

Class sessions will typically begin with a brief lecture regarding the subject matter of the class. There will be few discussions of specific cases, and you won't be responsible for briefing anything before the class. You will, however, be responsible for using the applicable law (including both statutes and cases) to analyze the problems for that day. The class will be graded based upon your performance in class and your performance on the final exam.

G. Assessment
Your work in this course will be assessed on the basis of your class participation and your performance on a final examination given at the end of the semester.
1. Class Participation – Plus or Minus One Letter Grade from Exam Score.
There is a direct correlation between strong class participation and a good grade on the final examination. If you miss multiple classes or are regularly unprepared for class discussions, it is not likely that you will score well on the final examination. The criteria listed below are the minimum expectations for class participation.

In a class of this size, we will assess your class participation on a few objective factors:
• Attendance – You should attend every class. Attendance will be taken. Pursuant to MSUCL policy, you must attend at least 85% of the total class sessions per semester to receive a grade in the course. Therefore, if you fail to attend at least 85% of the classes, then you will be withdrawn from the class and will not be allowed to take the exam. In this course, this means that you may have no more than 4 absences for any reason. Thus, if you think you’ll have a religious observance, job interview, funeral, sudden emergency, flu or flu-like symptoms, school function, competition, hangover, wedding, opening day of deer, turkey, bear, elk or squirrel season, etc., make sure you reserve a sufficient quantity of your 4 permitted absences to cover those foreseeable and unforeseeable events.
• If you cannot make it to class and will thereby exceed the 4 absence maximum, the strong presumption is that you will be dropped from the class if you miss a 5th class. We will experience regret when we do so, but we will drop you from the class without appeal if you have a 5th absence without excuse.
• YOU are responsible for keeping track of your absences and tardies. If you are not sure, assume you have 4.
• If we accept your excuse for a fifth absence, we will require you to make up the missed coursework by writing up to three five-page papers on topics addressed in three out of the five classes you missed.
• Timeliness – Class begins promptly at the scheduled time, measured according to our trusty Timexes. Do not attempt to enter the classroom after class has started – we will drop you one-third letter grade the first time you are tardy, and one full letter grade the second time you are tardy. In other words, it is better to be absent than tardy if you are within your four free absences.
• Class participation – You should be prepared to discuss the assignment for every class. We track your class participation on a class by class basis, assigning points for participation that will affect your final grade.
2. Final Exam – 100% (but note Participation Grading, above).
The final exam will be between 3 and 3.5 hours long. It is closed book, closed note. It will consist of multiple choice questions and short essays.
H. Miscellaneous
• Modern technology policy – Notes may be taken with pen, pencil, crayon, magic marker, or other similar writing device on traditional wood pulp-based paper (preferably with a high post-consumer recycled content). Alternatively, laptops may be used, but we will summarily drop you up to a full letter grade if you use the internet for any purpose other than accessing the Code or relevant statutes / rules. Cell phones, recording devices of any kind, text messaging devices, ipods, iphones, ipads, androids, palm pilots, blackberry-like devices, handheld computers, laser death rays, and similar devices distract from the learning environment and are forbidden for use in this class. Penalties for breach of this policy are at our full and unlimited discretion, except that we won’t drop you from the class for the first offense.
• Recommendation Letters: Please contact Professor Barnhizer or Professor Alsup separately for their individual policies on recommendation letters.

• Fraud in attendance or class performance: If you engage in a pattern of behavior, or in egregious cases even a single instance of obvious behavior, that creates a reasonable suspicion that you have committed an act of fraud in your attendance or class performance, you will be dropped from the class. The most common issue arises with having another student sign you in on the attendance sheet (or signing in another student), but other situations arise with improper collusion on group assignments, sharing of confidential information in connection with group assignments, lying about reasons for tardiness or absence, and similar dishonest conduct.

• Visitors: No problem. Make sure they read the material, though. Please let us know before class. Visitors do not provide immunity from cold calls or panels. Visitors themselves are not immune from cold calls or panels.
• Recording: Problem. Professor Barnhizer used to be ok with this until he found that some students were using transcription services and selling the transcripts to others. The lectures and all class materials are our intellectual property, and we are not Jerry Garcia. You are free to take whatever notes you want, but no recording of any kind is permitted.
• SOCIAL MEDIA POLICY -- We don’t care if you blog, Facetweet, or whatever about this class. If that’s the best you can put online, then both of the readers of your blog will be impressed with your fortitude. You have a right to say anything you want, so long as it’s not defamatory. BUT, your rights to report on class discussions have consequences when exercised irresponsibly. If either Professor Alsup or Professor Barnhizer determine, solely in the exercise of their professional judgment, that any student or students’ use of social media of any kind, variety, technology, platform, or medium disrupts or interferes in any way with the learning environment, they may remove you from the class. Period. No appeal. No excuses.
o If you really, really have to blog, facebook, tweet, tumbl, pass handwritten notes, IM, chat, SMS, carve comments in stone about the class or any other method of conveying your opinions to the world at large, we recommend that you wait until after the end of the semester. At that point, you will no longer be capable of interfering with the learning environment. If it was interesting enough to comment on during the semester, then it will likely still be so after the end of the semester.
• Respect toward fellow students and faculty –All participants are expected to act civilly and professionally toward other students and the faculty. Failure to do so, in the professional judgment of either Professor Alsup or Professor Barnhizer, may result in a reduction of your grade or being removed from the class.

FIRST ASSIGNMENT:

Barnhizer – Commercial Transactions Survey Problem Sets – Class 1 (pp. 31-35)

[§ 3.01 – The Contract for Sale] (pp. 31-35)

Text Problem: 3.1 (p. 31)

[§ 3.02 – Formation of the Contract For Sale]
[A] – Formation in General
Read: U.C.C. § 2-204
Read also: U.C.C. §§ 2A-204; CISG Arts. 14, 55

1.1 White Lumber Sales Co. and Brinson Lumber, Inc. maintained a long-term business relationship under which Brinson purchased approximately 75% of its annual lumber requirements from White. Each transaction was handled in the following manner: Brinson’s authorized purchasing agent, upon receiving a requirements notice from Brinson’s manufacturing foreman, would estimate the total board feet of lumber required and phone White’s president (Robert White, Sr.) to place an order for the lumber. White, Sr. always accepted the order on the phone and promised prompt delivery as soon as Brinson’s agent forwarded a written purchase order to White. Two months ago, Brinson’s agent called White and spoke with Robert White, Jr., the 18-year-old-son of president Robert White, Sr. Junior took the orders, saying “yeah, I got it.” Brinson’s agent immediately sent White a purchase order for the lumber, with a handwritten notation “Conf. Phone Junior-confirmed.” White, Sr., upon receiving the purchase order, immediately called Brinson’s purchasing agent and stated that White could not fill the orders. Brinson’s agent told White, Sr. to “keep the orders and fill them when and if they could.” Both parties presented witnesses who testified to custom and usage of trade in the lumber business as to when a contract becomes binding. Advise Brinson on whether it has a binding contract to purchase lumber from White. Read UCC § 2-204(1), (2); § 1-303(b), (c), (d), (e) & cmts. 2-6.

1.2 Electra Imaging Systems, Inc. manufactured and sold imaging systems to printers and publishers. Last May, EIS received an inquiry from Mahoney, Ltd. regarding the Chalgraph XV imaging system. In response, EIS sent Mahoney pre-printed purchase order forms and a letter listing prices for the Chalgraph line of imaging systems. The reverse side of the blank purchase order forms provided: “This Purchase Agreement shall not be deemed accepted by EIS unless and until an authorized officer or manager of EIS has signed the Purchase Agreement. No other act or writing by an agent, officer, or manager of EIS shall cause this Purchase Agreement to be a valid, effective, or binding contract on EIS.” The Purchase Agreement also provided that EIS’s total liability under the contract was limited to cost of repair or replacement and that EIS would not be liable for consequential damages. Mahoney’s president completed the pre-printed purchase orders and returned them with a check for payment to EIS. No EIS officer ever signed the purchase orders, but EIS cashed the check and installed the Chalgraph imaging system at Mahoney. Two months ago, Mahoney sued EIS for breach of the contract for the Chalgraph and breach of warranty, seeking approximately 4 times the contract price in consequential damages. Advise EIS whether the contract protects EIS against Mahoney’s claim for consequential damages. Read UCC § 1-103, § 2-204(1), (2), (3), § 2-206(1).

[§ 3.02]
[B] – Form Contracts Generally

No Problems.

[§ 3.02]
[C] – Firm Offers

1.3 Jane Lowell was shopping at Harvard Equipment, Inc. when she noticed a Pro-Phonics brand turntable (used for playing vinyl records) on sale for $175, approximately 45% of its list price elsewhere. As she was reaching for the box, the store manager pulled it off the shelf, explaining that he had received a phone order from a customer and had already promised the turntable to the other customer. To avoid a fight with Jane, the manager stated “I’ll give you a rain check on that price for that turntable.” Jane agreed and returned the following week to purchase the turntable. Although there were now several in stock, and the manager agreed that he had told Jane he would give her a rain check on the sale price, the manager refused to honor the rain check price. Advise Jane whether she may enforce a contract to sell the turntable for $175. Read UCC § 2-205 & cmt. 2.

1.3a Same facts as question 1.3, but assume that the manager wrote on the back of a store receipt “Rain Check – Pro-Phonics Turntable ($175) – Jane Lowell.” Read UCC § 2-205 & cmt. 2.

1.3b Same facts as question 1.3, but assume that Harvard Equipment, Inc. sells heavy construction equipment and only had the turntables in its offices by accident. Read UCC § 2-205, § 2-104(1) & cmts. 1-2.

1.4 Cavino Pumps, LLC manufactures and sells water pumps for construction and industrial applications. On April 21st, Cavino sent a letter, signed by Cavino’s president, to 21 general contractors with whom it had previously done business. The letter contained a schedule of prices for all of Cavino’s pumps and stated “These Prices are FIRM through June 15. We hope you will consider us when looking for subcontractors in your next project.” Shea Builders used Cavino’s prices in preparing a bid for constructing a new water treatment plant and ultimately received the general contract on June 1. Shea contacted Cavino to order the required pumps, but Cavino informed Shea that due to increases in raw materials costs, Cavino had revoked the April 21 price list. Advise Shea whether it may enforce a contract at the April 21st prices. Read UCC § 2-205, § 2-204, § 2-206, § 1-103(b) & cmt. 2.

[§ 3.02]
[D] – Construing the Offer: Bilateral or Unilateral Contract

1.5 Electra Imaging Systems (from question 1.2) received a purchase order from California Printing to purchase a Chalgraph XV imaging system. Again without any officer signing the Purchase Agreement, EIS searched its inventory and discovered that it did not have any XV models in stock. Not wanting to lose a potential sale, however, EIS shipped that day a higher-quality Chalgraph XVI imaging system and included a notation on the invoice stating that EIS had no model XV’s but was selling the XVI at the same price as the lower model. In the meantime, having received no confirmation on its purchase order and desperately in need of a new imaging system, California Printing purchased a different system from EIS’s competitor. Advise EIS whether it may enforce a contract for the sale of the Chalgraph imaging system to California Printing. Read UCC § 2-206(1), § 1-103(b) & cmt. 2.

1.5a That same day, EIS received an order from Oregon Imagers, also for a Chalgraph XV. Rushed, EIS shipped a Chalgraph X, again without any officer signing the Purchase Agreement, but also without any note on the invoice. The Chalgraph X is functionally the same as the Chalgraph XV but operates at a 20% slower rate of production. Oregon Imagers accepted the delivery, but was soon dissatisfied with the slow speed and sued EIS for breach of contract. Advise EIS whether it may be liable for breach of contract. Read UCC § 2-206, § 1-103(b) & cmt. 2.

1.5b – Same facts as question 1.5a, but assume instead that an EIS officer did sign the Purchase Agreement. In doing so, the officer noticed that the company was shipping a Chalgraph X and consequently crossed out the “V” in the model name on the purchase order. (“Chalgraph XV”). Advise EIS whether it may be liable for breach of contract. Read UCC § 2-206(1), (2), § 1-103(b) & cmt. 2.

1.5c – Same facts as question 1.5a, but assume that the order sent by Oregon Imagers specified that it only sought to lease a Chalgraph XV. Read UCC § 2A-20


Details:

Communication Skills for Lawyers ( - 591G) - Copland, J.

Books: No textbook required.

Assignment:

Details:

Conflict of Laws ( - 550) - Kennedy, K.

Books: Required: Conflict of Laws, Cases and Materials by Hay, Weintraub, Borchers. 14th ed. Foundation Press. ISBN: 978-1609302764.

Assignment: For the first week of classes, read Chapters 1 and 2 of the casebook and come to class prepared to discuss the material in a lawyer-like fashion.

Details:

Conflict Resolution Clinic I ( - 631D) - Tarr, N.

Books: Required:

The Practice of Mediation: A Video-Integrated Text, 2nd ed. Wolters Kluwer. ISBN: 978-1454802198.

Please access the online video's associated with this text.

Assignment: We will meet on Wednesday, August 27 from 2-5:00 p.m. in the MOOT COURT ROOM (room 428) in the Law College.

To prepare for class, read Chapter 3 in the text which is Douglas N. Frenkel and James H. Stark, The Practice of Mediation,2d edition (Wolters/Kluwer 2012). You should be prepared to discuss all of the problems that are highlighted in the grey boxes. You will need to have access to the videos associated with the book which require a password that comes with the text. So, if you try to buy a used copy, please make sure that you get access.


Details:

Constitutional Law II ( - 500N) - Lawrence, M.

Books: Required:

Constitutional Law by Chemerinsky. 4th ed. Aspen, ISBN: 978-1454817536.

The 3rd edition is also acceptable of the text.

Assignment: Class 1 – 4th ed: xli-lvii (skim); 517-530
3d ed: xli-lvii (skim); 523-536

Class 2 - 4th ed: 530-551
3d ed: 536-552; Handout: McDonald v. City of Chicago (at 552)


Details:

Constitutional Law II ( - 500N) - Saunders, K.

Books: All the course materials will be available on the TWEN site for this course.

Assignment: Read the syllabus and the cases in the “Day 1” file on the course TWEN site.

Details:

Construction Law ( - 601) - Deneweth, R.

Books: No textbook required.

Assignment: To: MSU Construction Law (Class 1)
From: Ronald A. Deneweth


Dear Class:

I look forward to meeting you and our first session together.

On the first day of class, we will review the attached Course Information Document and Syllabus and we will review the attached Construction Process Charts. Please also read the attached article by James R. Case and the case of Matrix Construction vs Barton Malow, (not reported in N.W. 2d (2006), 2006 WL 399762, No. 265156, Feb. 21, 2006, and be prepared to discuss these matters.

Professor Deneweth

COURSE INFORMATION
MICHIGAN STATE UNIVERSITY
CONSTRUCTION LAW

Professor: Ronald A. Deneweth

I. Introduction:

Welcome to Construction Law. We will meet on Tuesdays from 5:45 p.m. to 7:25 p.m. in Room 340. I have asked that the enrollment be limited to 15 students so that we can have considerable interaction. My goal is to have each of the students understand the basic principles and concepts of construction law and to master the language of a construction lawyer. Each class should begin with an introductory lecture. I will introduce the new language and concepts upon which we are building from the previous session’s cases and lecture. After the lecture, we will then probe the assigned cases and hypothetical problems.

My partner, Mark Sassak, will assist me. Mark is also a licensed architect and you can expect him to handle at least the lecture and discussions regarding design professionals.

II. Class Materials:

There is no text book. Attached you will find a Syllabus outlining what we will cover each week. I will generally make available electronically the non-case law materials that we will be covering, such as Law Journal articles, contract language, treatise excerpts, diagrams, and practice problems at least five (5) days in advance of class. On occasion, I may bring materials to the class and distribute a copy to each of you. You are expected to review the cases in whatever form makes you comfortable.

III. Availability for Meeting:

I maintain a fulltime law practice in Troy, Michigan. I usually make it a habit to be in the law library beginning at approximately 4:45 p.m. prior to each class. During that time, I make last minute preparations for class but am also available to meet with you. Please make an appointment by contacting me by e-mail or telephone. My e-mail address is rdeneweth@ddp-law.com. I am also available for meeting in my Troy office virtually any day, including weekends. My office telephone number is (248) 290-0400, ext. 3177. I do not maintain a separate personal or MSU e-mail address.

IV. Attendance Policy:

Attendance is most important and I take it very seriously, as should you. I conduct the class as though each student is one of my associates. Once I have laid the foundation for the situations that we are encountering that week, the interaction will begin as we explore the law in a particular area. Therefore, like any good associate, I expect you to be present (and on time) at every class and well prepared. Since there is no textbook, you can expect that all issues that will be presented in the final exam will have been discussed in the classroom.

I take attendance at each class and you are permitted one excused absence. If you exceed one excused absence, your final grade may be lowered as much as one-half grade.


V. Classroom Participation:

Classroom participation is very important. It can impact your final grade as much as one-half grade. I expect all members of the class to participate and be prepared. The proper way to prepare is to first review what we have learned in the prior class and then review and outline the materials assigned for the current class prior to coming to class.

VI. Grading Policy:

Your performance on the final exam will constitute the bulk of the final grade; however, your final grade will be impacted by both your attendance and participation in class. You can expect that your final exam will consist of three or four factual situations. After the factual situations, I will ask you questions and expect that you respond succinctly and in essay fashion. I prefer to have your answers typewritten rather than in bluebook/longhand form.

I intend to generally adhere to the grading scale at MSU College of Law.

COURSE SYLLABUS
MSU – CONSTRUCTION LAW (Fall 2014), Room 340

CLASS NO. 1
Topics Assignments
Introduction of Professor and Students
Syllabus Review Course Information Document & Syllabus
Construction Process Construction Process Charts
Typical General Contractor
Design-Bid-Build
Construction Management
Design-Build (Turnkey)
Multiple Primes
Subcontractor Contractual Relations
Architect/Engineer Contractual Relations
Project Delivery Systems Article by James R. Case
Matrix Construction v Barton Malow, (not reported in N.W. 2d (2006), 2006 WL 399762, No. 265156, Feb. 21, 2006

CLASS NO. 2
Topics Assignments
Contract Documents
Typical Construction Contracts Contract Documents Charts
Examples of Standard Contract Clauses:
Means and Methods Clause US v Spearin, 248 US 132, 39 S.Ct. 59 (1918)
Flow-down Clause Avery v Ionia, 71 Mich 538 (1888)
Indemnity Clause Examples (Provided at Class)
Liability Without Privity Morris Pumps v Center Line Piping, Inc., 273
Mich.App. 187; 729 N.W.2d 898 (2006)

CLASS NO. 3
Topics Assignments
Bidding Issues
Bidding Overview Bidding Process Model
Sample Bid Summary, General Conditions Recap Examples
Bids and Bid Errors, Article by Ronald A. Deneweth
Examples of Bidding Statutes Statutory Language Examples
Right to Reject Malan Construction v Board of County Road Commissioners of the County of Wayne, 187 F.Supp 937 (1960)
General Overview
Disappointed Bidder/Bid Protest Talbot v Detroit, 109 Mich 657, 67 N.W. 979 (1896)
Post-Bid Negotiations Lasky v City of Bad Axe, 352 Mich 272m 89 N.W.2d 520 (1958)

CLASS NO. 4
Topics Assignments
Bidding Issues, Continued
Bid Errors/Withdrawal Fraser Public Schools District v Kolon, 35 Mich App 441, 193 N.W.2d 64 (1971)
Bad Faith Clinton County Dept. of Public Works v American Bank & Trust Company, 406 Mich 85, 276 N.W.2d 7 (1979)
Acceptance/Reliance/Bid Shopping Wargo Builders, Inc. v Douglas L. Cox Plumbing & Heating, Inc., 26 Ohio App 2d 1, 268 N.E.2d 597 (1971)
Withdrawal Independence Township v Reliance Building, 175 Mich App 48, 437 N.W.2d 22 (1989)
Potential Practicum Grubbenplough Practicum


CLASS NO. 5
Topics Assignments
Scheduling Issues
Schedule Basics Schedule Examples
Contract Requirements Standard Contract Language
Contractor Delay Board of Ed. v Chaussee, 211 Mich 61, 177 N.W. 975 (1920)
Concurrent Delay Giffels & Vallet v Levy Co., 337 Mich 177, 59 N.W.2d 899 (1953)
Reasonably Delay/Ambiguity Nolan Co. v Michigan, 58 Mich App 294, 227 N.W.2d 373 (1975)
Acceleration/No Damage for Delay Phoenix v GM, 135 Mich App 787, 355 N.W.2d 673 (1984)
Delay/Reasonable Time for Performance Toebe v MDOT, 144 Mich App 21, 373 N.W.2d 233 (1985)
Potential Practicum Van Wendt Practicum Review

CLASS NO. 6
Topics Assignments
Payment Issues
Payment Process/Retainage Payment Application Flowchart
Contractual Requirements Standard Contract Language
Contingent Payment Berkel & Company Contractors v Christman Company, 210 Mich.App. 416, 533 N.W.2d 838 (1995)
Michigan Builders Trust Fund Act Business Lawyers, Be Wary of the Michigan Builders Trust Fund Act, Article by Ronald A. Deneweth
MBTF Civil Remedy/Bankruptcy B.F. Farnell Co. v Monahan, 377 Mich 552, 141 N.W.2d 58 (1966)
Criminal Liability People v Miller, 78 Mich App 336, 259 N.W.2d 877 (1977)

CLASS NO. 7
Topics Assignments
Surety Bonds
Construction Bonds Primer Bond Relationship Diagrams
Payment and Performance Bonds Statutory Excerpts
Bonds in Action Dubey v Macomb, 97 Mich App 553, 296 NW2d 582 (1980)
Fraudulent Bonds Kammer Asphalt v East China, 443 Mich 176, 504 N.W.2d 635 (1993)
Failure to Require Bonds ABC v River Rouge, 216 Mich App 396, 549 N.W.2d 73 (1996)

CLASS NO. 8
Topics Assignments
Surety Bonds, Continued Pearlman v Reliance, 371 US 132, 83 S.Ct. 232 (1962)
Subrogation/Breach of Contract Sentry v Lardner, 153 Mich App 317, 395 N.W.2d 31 (1986)
Subsequent Contracts Grand Blanc v INA, 225 Mich App 138, 571 N.W.2d 221 (1997)
Proper Notice
Release of Principal Hall v Capital, 260 Mich App 222, 677 N.W.2d 51 (2004)
Surety’s Right to Indemnity Transamerica Insurance Company v Bloomfield, 401 F.2d 357 (CA6 1968)


CLASS NO. 9
Topics Assignments
Changes and Claims Introduction MCLA 125.1592, Differing Site Conditions Statute
Claims Process Sample Contract Language
Waiver of Written Permission Requirement Klas v Pearce Hardware, 202 Mich 334,
168 N.W. 425 (1918)
Lack of Changes Clause/Compliance Banwell v Risdon, 258 Mich 274, 241 N.W. 796 (1932)
No Damage for Delay Clause Phoenix v GM, 135 Mich App 787, 355 N.W.2d 673 (1984)
Measure of Damages Jacob & Youngs v Kent, 230 N.Y. 239, 129 N.E. 889 (1921)

CLASS NO. 10
Topics Assignments
Changes and Claims, Continued
Proper Notice
Type I Changed Condition Hersey v Michigan, 305 Mich 333, 9 N.W.2d 567 (1943)
Disclaimers Loyer v Novi, 179 Mich App 781, 446 N.W.2d 364 (1989)
Disclaimers/Owner Superior Knowledge Valentini v Adrian, 347 Mich 530, 79 N.W.2d 885 (1956)
Owner/Waiver of Non-Compliance, St. Clair Shores v L&L Construction, 363 Mich 518, 109 N.W.2d 802
Example of an Interrogatory Poor Soil Conditions

CLASS NO. 11
Topics Assignments
Design Professional
Introduction to Negligence of Design Professional
Designer Standard of Care
Francisco v Manson, Jackson & Cain, Inc., 145 Mich App 255, 377 NW 2d 313 (1985);
Bayne v Eveham, 197 Mich 181, 163 N.W. 1002 (1917);
Bacco v American Colloid, 148 Mich App 397, 384 N.W.2d 427 (1986)
Keller v U.P. Engineers, 2008 WL 2665113 (UNPUB.)
Copyright Issues Article Copyright Claims in Architectural Works, Circular 41 U.S. Copyright Office

CLASS NO. 12
Topics Assignments
Construction Liens
Michigan Lien Act Overview Statutory Language Excerpts (from MCL 570.1101 et. seq.)
Payment Flow Payment Chart
Lien Forms Notice of Commencement, Sworn Statement, Notice of Furnishing, Lien Waivers
Sworn Statement/Notice of Furnishing Schuster v Painia, 251 Mich App 227, 651 N.W.2d 749 (2002)
Substantial Compliance/90 Day Requirement Northern Concrete v Sinacola, 461 Mich 316, 603 N.W.2d 257(1999); Central Ceiling v Dept. of Commerce, 249 Mich App 438 (2002)


CLASS NO. 13
Topics Assignments
Lien Law, Continued/Residential Issues
Construction Lien Recovery Fund MCLA 570.1201, et seq.
Michigan Residential Builders Statute Statutory Language Excerpts (from MCL 339.2401 et. seq.)
Rights of Unlicensed Builder Stokes v Millen Roofing Company, 466 Mich 660, 649 N.W.2d 371 (2002)
Substantial Compliance/Licensing Annex Construction v Fenech, 191 Mich App 219, 477 N.W.2d 103 (1991)
Additional Practicum Review Fact Scenario to be Provided in Advance to Prepare for Final Exam (Pool and Bar Hall Project Practicum)

CLASS NO. 14
Topics Assignments
Construction Accidents
Owner/General Contractor Liability Ormsby v Capital Welding, 471 Mich 45 (2004)
Practicum Review Factual Issues to be Provided in Advance to Prepare for Final Exam







RAD/MSU/2014 Fall Course Syllabus-Class Schedule


















Details:

Consumer Bankruptcy ( - 506E) - Gregg, J.

Books: Required:

1. Bankruptcy Code, Rules and Official Forms. 2013 Law School Ed. Thomson Reuters, 2013. ISBN: 978-0314281746.
2. Problems and Materials on Bankruptcy Law and Practice by Sepinuck, Rusch and Duhl. West Academic, 2013. ISBN: 978-0314281036

Assignment:

Details:

Contracts ( - 530B) - Starnes, C.

Books: Required:

Cases and materials on Contracts by Farnsworth, Young Sanger Cohen Brooks' 7th ed. ISBN: 978-1599410302.

Recommended:

Selections for Contracts: Uniform Commercial Code, Restatment. 2nd ed.Farnsworth, et.al 2011 or newer.

The 7th edition is the correct edition.

Assignment: Class #1
Farnsworth casebook: pages 1 to 4.1.

Class #2
Farnsworth casebook: read pages 8.2 to 9.1; 13.4 to 20.3; 23.5 to 29.2
The Happy Guide (recommended reading): pages v to vii; 95.0 to 97.5; 98.9 to 101.0


Details:

Contracts ( - 530B) - Spoon, E.

Books: Required:

1) Contracts: Cases and Materials, 6th ed. , by John Murray,Jr., LexisNexis.
2) Contract Law: Selected Source Materials, 2014 ed., by Steven Burton and Melvin Eisenberg.


Assignment: Read pp. 1-10, 39-55 in the Murray casebook.


Details:

Contracts ( - 530B) - Barnhizer, D.

Books:

Assignment:

Details:

Contracts ( - 530B) - Barnhizer, D.

Books: 978-1. A coursepack for this course will be available at the Spartan Bookstore.

2. Contracts, Cases and Theory of Contractual Obligation, Selected Rules for Contracts by Hogg, Bishop, Barnhizer. Thomson West. ISBN: 978-0314185075.
revised text: 8/12/14

Assignment: Contracts (Fall 2014) Readings

Topic
No. HBB Reading Blum Reading (Optional) Topic
1 HBB:3-16 Chapter 1, §§ 4.1 Intro- Jurisprudence, Objective theory of contract
2 HBB: 16-53 Chapter 7 Consideration, past consideration, conditioned gift
3 HBB: 53-84 Chapter 8 Promissory estoppel
4 HBB: 84-110 Chapter 9 Restitution (as a theory of enforceability)
5 HBB: 112-142 §§ 4.2, 4.4, 4.7, 4.9-4.11 Offer & acceptance
6 HBB: 143-170 §§ 4.5, 4.6, 4.8 Adhesion contracts, terminating the power of acceptance
7 HBB: 170-207 §§ 4.12 Pre-acceptance reliance - unilateral and bilateral contracts
8 HBB: 207-233 §§ 8.8-8.10 Pre-acceptance reliance - negotiations & reliance on offer, electronic contracting
9 Catch-up
10 HBB: 234-273 §§ 12.1-12.11 Parol evidence rule - 4 corners & 1st Restatement, effect of a merger clause
11 HBB: 273-302 §§ 10.1-10.7 Parol evidence rule - R2K, interpretation
(memorize common law rules
of interpretation)
12 HBB:302-328 § 10.9.1 Good faith
13 HBB: 329-361 § 13.13 Public policy
14 HBB: 361-400 §§ 13.11-13.12 Unconscionability, Statute of Frauds
15 HBB: 400-439 Chapter 11 Statute of Frauds
16 HBB: 439-480 §§ 13.1-13.4, 13.5-13.7 Defenses - Intro; Misrepresentation
17 HBB: 480-505 §§ 13.8-13.10 Defenses - Duress, Undue Influence
18 HBB: 506-536 §§ 15.1-15.6 Defenses - Mutual mistake, unilateral mistake
19 HBB: 537-599 §§ 15.7-15.8 Defenses - impracticability / frustration, Pre-existing duty rule
20 HBB: 599-653 None Accord & satisfaction (con't), No Oral Modification Clauses, Conditions (intro)
21 HBB: 653-700 §§ 18.1, 18.7, 18.9 Conditions (con't)
22 HBB: 701-741 §§ 18.2-18.5, 18.8 Remedies - restitution off the contract; expectancy
23 HBB: 741-780 §§ 18.6 Remedies - expectancy, reliance
24 HBB: 780-807 §§ 18.6 Remedies - limitations - foreseeability
25 HBB: 807-848 §§ 18.10-18.11 Remedies - limitations - mitigation, certainty
26 HBB: 848-890 Remedies - failure of essential purpose, equity, remedy specified or modified by K
27 Catch-up Chapter 19
28 Review Review

Details:
Credits: 4
Course No.: 530B
Day/Time: T / R 8:30 am – 10:10am
Classroom: 474
Final Exam: 12-16-2013 8:30 AM
Office: 230E
Email: barnhize@law.msu.edu

Phone No.: 432-6901
Office Hours: Tuesday 10:30-11:30, other times by appointment.
B. Texts:
COURSEPACK: JAMES F. HOGG, CARTER G. BISHOP & DANIEL D. BARNHIZER, CONTRACTS: CASES AND THEORY OF CONTRACTUAL OBLIGATION (2D ED. 2014) (HBB)

JAMES F. HOGG, CARTER G. BISHOP & DANIEL D. BARNHIZER, SELECTED RULES FOR CONTRACTS (2007) (SRFC)

BRIAN A. BLUM, CONTRACTS: EXAMPLES & EXPLANATIONS (Current Edition) (Blum) (Recommended Only)
Additional readings will be posted on the Lexis Webcourses website for this course.
You will not need to purchase any additional texts for this course. Blum’s Examples and Explanations book is an extremely good explanation of virtually all of the concepts we will be covering in the CCD. Consequently, I strongly recommend that you purchase and review Blum before spending additional funds on outlines, nutshells, cheat sheets, or flash cards.
C. A NOTE ON YOUR PRIMARY TEXT
You may notice that I am one of the authors of your primary text. My royalties from this project are so vast that, broken down by hourly rates, I may eventually aspire to be better paid than a waiter at Old Country Buffet for my work. The text is written to reflect several problems I and my coauthors have with traditional casebooks.

• First, most casebooks have, ironically, too many cases. Our goal in this text was to provide you with (usually) one case dealing with the proposition at issue and developing our discussion on the basis of that case. Most importantly, we typically choose cases that present multiple points of law so that we are constantly referring back to previously studied cases. As product testing last year demonstrated, this gives you a better grasp on law as a synthesis of related doctrines, rather than a patchwork of isolated rules.
• Second, most traditional casebooks premasticate the cases to such an extent that the student reads only a few pithy passages relating only to the point of law at issue and stripped of virtually all references to other cases and scholarship. In contrast, we have left our cases in much “rawer” form. As noted above, we typically retain discussions of doctrines other than the doctrine at issue for that day’s reading. Similarly, we also retain many of the citations to other authority. Reading such raw cases should demonstrate to you how judges use authority and distinguish among various doctrines. This mechanism of reasoning through authority should also demonstrate to you how you should be thinking in other classes, particularly as you analyze these legal reasoning in your RWA, legal methods, or legal advocacy classes.
• Third, this text was written specifically as a combined treatise/textbook. Our approach to each topic attempts to provide a detailed description and analysis of the law at issue, followed by a case, followed by notes and questions designed to illustrate other points or address scholarship on the issue. This book will remain useful to you even after law school, precisely because of the amount of detailed explanatory material included. More importantly, this approach does not “hide the ball” for students – you get an excellent explanation of the law up front in the readings. This should enable you to better understand the cases and to participate in class discussions designed to explore nuances of the materials.

As with all first editions, the text contains typos, misspellings, and grammatical errors. Feel free to advise me on such when you find them. I won’t give you any credit, and it won’t help your grade. But I will be thankful.
D. Lexis Webcourses
You are required to sign up for the Lexis Webcourses page for this course. Go to http:\\www.lexisnexis.com/lawschool/, click on the “Web Courses” button at the right-hand side. Follow the prompts until you encounter your Web Courses Home page. At the top of the page you will see a tab labeled “Courses” – click that tab, select Michigan State Univ. College of Law, and select my Contracts course. If you have an option to select Contracts II, do not do so. You should then have access to the Web Courses page for this course, including the syllabus, reading assignments, a course calendar, quizzes, and so on.

Failure to sign up for the Lexis Webcourses page will prevent you from receiving course materials, assignments, and a favorable course participation grade.
E. Course Objectives:
Contracts is a four-credit introduction to the law of contracts. Contract law forms a critical foundation for your first year studies, as well as your future careers as attorneys. You will use the concepts and principles no matter what you choose to do with your law degree – litigators do battle on behalf of their clients to determine the rights and obligations under ambiguous agreements; corporate attorneys will negotiate and draft merger agreements, purchase and sale agreements, sale of goods agreements, and all of the other transactional instruments that permit the efficient allocation of goods and services in our complex society; public interest attorneys will assist impoverished clients with housing, credit and retail contracts; and so on, and so on.

You will begin your exploration of contract law with principles of enforceability. A naked promise—“nudum pactum”—by itself is legally meaningless. To marshal the forces of the state, including the legitimized use of violence, to enforce a promise requires something more than the naked promise. Although there are many doctrines that supply the extra justification for state enforcement of promises, we will focus on the doctrines of consideration, detrimental reliance, and restitution.

With the distinction between an unenforceable naked promise and a legally enforceable promise firmly in mind, we will turn to mechanisms for creating a contract. The difference between a promise and a contract is crucial for structured thinking and reasoning in contract law. A contract comes into being where parties objectively manifest a mutual intent to be bound to the terms of their agreement. Typically, this occurs through the process of offer and acceptance, although there are other situations in which courts will imply the existence of a contract even if the parties failed to adhere strictly to the ritual of offer and acceptance.
We next study of principles of interpretation and construction. Creation of a contract is only the first step in the parties’ new relationship. Although the existence of a contract is a necessary precondition for party access to state enforcement, the contract itself is often fraught with ambiguity or fails to address eventualities that the parties did not anticipate. This section will deal both with rules of construction—in which courts must supply missing terms (if possible) to fill gaps in the contract—and interpretation—in which courts must apply principles for discerning the parties’ intended meanings.
We then turn to classes of contracts unenforceable by operation of law – otherwise valid contracts that nonetheless violate some legally imposed norm such as illegality, public policy, unconscionability, or the Statute of Frauds. We will then address contract remedies – potentially the most important subject in your entire first year – followed by what are typically called “defenses” to contract enforcement. We will conclude with performance and breach issues – including modification, conditions, and substantial performance – and remedies. Your reading assignments for the semester have been helpfully colour-coded by your professor so that you may perceive more easily the different segments of the course. If you suffer from epileptic seizures or other health issues triggered by viewing garish colour assemblies, please let me know so that I can provide you a kinder and gentler set of reading assignments.
F. Teaching Modes:
Pedagogically, students learn best through a mixture of lecture, intensive readings, and critical application of learned material to actual problems. Really—people with expensive doctorates do expensive studies to prove this kind of thing. My lecture style is primarily discussion-based, although I often mix in group problems and other pedagogical techniques.
Assigned readings will typically average 60-80 pages per week, plus additional readings that will not be covered in class but that will be part of your final exam. To get the most out of this course, you should plan on spending at least 1.5-2 hours of studying for every hour of time spent in class. This is where you will obtain the bulk of your knowledge and critical thinking skills regarding the law of contracts. You may have to spend more time studying to understand fully the materials we will be discussing. Get over it.
Critical application is absolutely necessary for internalization of materials from lecture and the readings. Accordingly, I will be providing in-class application exercises and probably a midterm examination. The application exercises and midterm may be graded or ungraded, depending on which course will best drive your understanding of contract law.
G. Assessment
Your work in this course will be assessed on the basis of your class participation and your performance on a final examination given at the end of each semester.
1. Graded Class Assignments – up to 20% of your letter grade.
I may, from time to time, issue graded class assignments to assess the degree to which you are learning my material. Whether and when I do so is entirely up to me. The format of these assignments may include surprise multiple choice quizzes, announced multiple choice quizzes, contract drafting assignments, essays, or other assignments that, in the exercise of my professional discretion, will assist me in evaluating your understanding of my material. There will be no more than 4 such graded assignments or quizzes during the semester, and each assignment or quiz will be worth 5% of your final score for the semester to a total of 20% (for 4 assignments or quizzes). If I issue fewer than 4 such graded assignments or quizzes, each will still be worth 5% of your final grade (15% for 3 assignments / quizzes, 10% for 2 assignments / quizzes, 5% for 1 assignment/quiz), and the weight of the final exam will be increased commensurately.

2. Final Exam
The final exam will be between 3 and 3.5 hours long. It will consist of a mixture of long essay, short answer/short essay, and / or multiple-choice questions.

The final exam is closed book / closed note.
3. Class Participation – Plus or Minus up to One Full Letter Grade from Your Final Exam Grade.
There is a direct correlation between strong class participation and a good grade on the final examination. If you miss multiple classes or are regularly unprepared for class discussions, it is not likely that you will score well on the final examination. The criteria listed below are the minimum necessary to avoid losing up to a full letter grade from your final exam score. So, what do you have to do to gain a letter grade to your final exam score? Think back to the last big survey class you had in college – out of 100+ students, there were always one or two “gunners” who seemed to be way more prepared than the rest of the class, who asked the questions that we couldn’t understand unless we’d really studied hard the night before, etc. Actually, we rarely referred to these students as “gunners,” but I’m not going to print the other terms here. Essentially, if you demonstrate an extraordinary degree of preparation, are enthusiastic about class, and help me move the discussion along, then you’ll be likely to receive a bump up. It’s rare, but possible.
On the other hand, if you can’t satisfy the criteria below, I’ll drop you up to a full letter grade.

In a class of this size, I will assess your class participation on a few objective factors:
• Attendance – You should attend every class. Attendance will be taken. Pursuant to MSUCL policy, you must attend at least 85% of the total class sessions per semester to receive a grade in the course. Therefore, if you fail to attend at least 85% of the classes, then you will be withdrawn from the class and will not be allowed to take the exam. In Contracts I, this means that you may have no more than 4 absences for any reason. Thus, if you think you’ll have a religious observance, job interview, funeral, sudden emergency, flu or flu-like symptoms, school function, competition, hangover, wedding, opening day of deer, turkey, bear, elk or squirrel season, etc., make sure you reserve a sufficient quantity of your 4 permitted absences to cover those foreseeable and unforeseeable events.
• If you cannot make it to class and will thereby exceed the 4-absence maximum, the only excuses I have accepted in the past include a ruptured spleen or other internal organ, birth of a first child, or a death in your immediate family. Look at it this way – for the next 3 years, this is your job. If you failed to show up for your job 15% of the time, you’d be tossed.
• If I accept your excuse for a fifth absence, I will require you to make up the missed coursework by writing three five-page papers on topics addressed in three out of the five classes you missed.
• Timeliness – Class begins promptly at the scheduled time, measured according to my trusty Timex. Do not attempt to enter the classroom after class has started – I will drop you one-third letter grade the first time you are tardy, and one full letter grade the second time you are tardy. In other words, it is better to be absent than tardy if you are within your four free absences.
• You are responsible for keeping track of your absences and tardies. I will not respond to requests along the lines of “could you please tell me if I have 3 absences or 4?” If you are not sure, assume you have 4.
• In-class application exercises – I will be giving regular in-class application exercises. As noted above, some of these exercises may be graded.
• Class participation – You should be prepared to discuss the assignment for every class. I track your class participation on a class by class basis, assigning points for participation that will affect your final grade.
• Panel participation: During class discussions, I may choose individuals who are primarily responsible for the readings and initiating and continuing class discussion. If you are on panel, you must participate and demonstrate conclusively that you have read the assignment and thought critically and carefully about the issues raised therein. If you show me that you did not read or only scanned the material 10 minutes before class (or even during class), I will penalize your final grade. Panel is serious, so don’t mess it up.
• General class discussion: I usually try to open several questions to the floor. I want you to participate, regardless of whether you’re wrong. General class participation falls into four categories, each carrying its own benefit or penalty for your final grade:
• Insightful: Carefully thought out comments that aid me in making my point to the class; show creativity, insight, or lawyerly thinking; and are directly relevant to class discussion. Insightful comments receive substantial participation points.
• Helpful: Relatively simple answers or points such as providing an answer to a factual question from the readings or answering an easy question about a legal rule or principle. Helpful comments usually receive one participation point.
• Not Helpful: Talking to hear yourself talk, making irrelevant points that affirmatively distract from class discussion. For example, “Professor Barnhizer, I realize that we’re talking about rejection of material terms under UCC § 2-207(2), but doesn’t comment j in reference to 2-207(3) really indicate that the UCC has adopted the European civil law model for acceptance by performance?” is not helpful because it distracts from the actual point under discussion (material terms under 2-207(2)) to make a point that seems more designed to communicate how much extra work the questioner has done, not move class discussion. Not helpful comments receive either zero points or negative points. To be fair, you really have to annoy me severely to receive negative points, but it does happen.
• Side discussions: I’m a big fan of maintaining at least an outward display of respect for your classmates, your professor, and yourself. Engaging in side discussions with others during class except when expressly permitted is disrespectful. I usually won’t waste class time calling you out. Rather, I’ll just dock your grade and let you find out when you come in to review your exam. In especially egregious and disruptive cases I will give you a single warning, followed by removal from my classroom for one or more classes, up to and including the remainder of the semester.
• Class disruptions: Don’t be rude. Raise your hand if you want to participate. Don’t keep trying to talk over me when I’ve moved on to another student or a different point. Don’t talk over other students. Don’t insult your classmates. Don’t chill class discussions through social media. Don’t shout out during a discussion on the ambiguity of the terms “left-wing” and “right-wing” between the U.S. and Europe that the Nationalsozialistische Deutsche Arbeiterpartei was not socialist. The bottom line is that if I determine, in the exercise of my professional judgment, that you are disrupting my class in any way, I will warn you, deny you points towards your participation grade, remove you from my class or the course entirely, drop you one or more letter grades on your final grade for the course, refer you for discipline under the Code of Student Discipline or any other remedy that I determine is necessary for me to maintain the learning environment in my classroom.
• SOCIAL MEDIA POLICY -- I don’t care if you blog, Facetweet, or whatever about my class. If that’s the best you can put online, I’m sure both of the readers of your blog will be impressed with your fortitude. You have a right to say anything you want, so long as it’s not defamatory. BUT, your rights to report on class discussions have consequences when exercised irresponsibly. If I determine, solely in the exercise of my professional judgment, that any student or students’ use of social media of any kind, variety, technology, platform, or medium interferes in any way with the learning environment, I will remove you from the class.

Period. No appeal. No excuses.

If you really, really have to blog, facebook, tweet, tumbl, pass handwritten notes, IM, chat, SMS, carve comments in stone about the class or any other method of conveying your opinions to the world at large, I recommend that you wait until after the end of the semester. At that point, you will no longer be capable of interfering with the learning environment and it will not chill student discussions in my classroom. If it was interesting enough to comment on during the semester, then it will likely still be so after the end of the semester.
• Respect toward fellow students and faculty – I expect all participants to act civilly and professionally toward other students and me.

• Passes: I do not accept “pass” notes for any reason. If you are unprepared and end up on panel or subjected to a cold call, I will penalize your participation grade. Be prepared. If you give me a pass note, I will mock you during class. And call on you.
• Modern technology policy – Notes may be taken with pen, pencil, crayon, magic marker, or other similar writing device on traditional wood pulp-based paper (preferably with a high post-consumer recycled content ). Laptops, cell phones, recording devices of any kind, text messaging devices, ipods, iphones, ipads, androids, palm pilots, blackberry-like devices, handheld computers, laser death rays, and similar devices distract from the learning environment and are forbidden for use in my class. Penalties for breach of this policy are at my full and unlimited discretion, except that I won’t drop you from my class for the first offense.

H. Miscellaneous
• Recommendation Letters: I write very few recommendation letters. Generally, I will write a recommendation letter for any student who scores an A- or better in any class they take from me. I require all recommendees to provide me with a draft recommendation letter that will:

o Identify the class or classes you have taken from me.
o State your perceptions of your own classroom performance with particular emphasis on your strengths and weaknesses and notable factors in your classroom performance that render it relevant to evaluation of your candidacy for job applications and transfers.
o State how you did on exams and how you could have improved your performance. If you received the Jurisprudence Award for my class, assume you could not have improved your performance.
o Evaluate your performance on major projects other than exams. If you worked on a major project as a member of a group, you should describe your interactions with the group and your notable contributions to the group project.
o Discuss notable out-of-class interactions with me that would be relevant to evaluation of your candidacy for job applications and transfers.

I will use portions of the draft letter (but probably not the language) to prepare my own draft. Notably, my own draft will contain my candid evaluation of your strengths and weaknesses as a student and potential lawyer, and I will not share that information with you. Do not ask me for a recommendation letter unless you are willing to have me convey to a third party my honest and true evaluation of your performance. Importantly, many admissions departments provide you with an option to state that the candidate has not waived their right to review the recommendation letter. If you have elected that option, I will not write or send a letter.

• Fraud in attendance or class performance: If you engage in a pattern of behavior, or in egregious cases even a single instance of obvious behavior, that creates in me a reasonable suspicion that you have committed an act of fraud in your attendance or class performance, I will simply remove you from my class, drop you up to 5 letter grades, or make you sit in the hallway, at my complete and unfettered discretion. The most common issue arises with having another student sign you in on the attendance sheet (or signing in another student), but other situations arise with improper collusion on group assignments, sharing of confidential information in connection with group assignments, lying about reasons for tardiness or absence, and similar dishonest conduct.

• Visitors: No problem. Make sure they read the material, though. Please let me know before class. Visitors do not provide immunity from cold calls or panels. Visitors themselves are not immune from cold calls or panels.
• Recording: Problem. I used to be ok with this until I found that some students were using transcription services and selling the transcripts to others. The lectures and all class materials are my intellectual property, and I am not Jerry Garcia. You are free to take whatever notes you want, but no recording of any kind is permitted.



Details: MICHIGAN STATE UNIVERSITY
COLLEGE OF LAW

CONTRACTS (BARNHIZER)

A. General Information
Credits: 4
Course No.: 530B
Day/Time: T / R 8:30 am – 10:10am
Classroom: 474
Final Exam: 12-16-2013 8:30 AM
Office: 230E
Email: barnhize@law.msu.edu

Phone No.: 432-6901
Office Hours: Tuesday 10:30-11:30, other times by appointment.
B. Texts:
COURSEPACK: JAMES F. HOGG, CARTER G. BISHOP & DANIEL D. BARNHIZER, CONTRACTS: CASES AND THEORY OF CONTRACTUAL OBLIGATION (2D ED. 2014) (HBB)

JAMES F. HOGG, CARTER G. BISHOP & DANIEL D. BARNHIZER, SELECTED RULES FOR CONTRACTS (2007) (SRFC)

BRIAN A. BLUM, CONTRACTS: EXAMPLES & EXPLANATIONS (Current Edition) (Blum) (Recommended Only)
Additional readings will be posted on the Lexis Webcourses website for this course.
You will not need to purchase any additional texts for this course. Blum’s Examples and Explanations book is an extremely good explanation of virtually all of the concepts we will be covering in the CCD. Consequently, I strongly recommend that you purchase and review Blum before spending additional funds on outlines, nutshells, cheat sheets, or flash cards.
C. A NOTE ON YOUR PRIMARY TEXT
You may notice that I am one of the authors of your primary text. My royalties from this project are so vast that, broken down by hourly rates, I may eventually aspire to be better paid than a waiter at Old Country Buffet for my work. In this case (Fall 2014), I am in the process of updating the casebook to a new edition. I have chosen to have the bookstore sell you the book at cost, and I do not make any royalties from you. The tradeoff is that you are getting a book in raw form for about 1/3 the price of printed casebooks.

The text is written to reflect several problems I and my coauthor have with traditional casebooks.

• First, most casebooks have, ironically, too many cases. Our goal in this text was to provide you with (usually) one case dealing with the proposition at issue and developing our discussion on the basis of that case. Most importantly, we typically choose cases that present multiple points of law so that we are constantly referring back to previously studied cases. As product testing last year demonstrated, this gives you a better grasp on law as a synthesis of related doctrines, rather than a patchwork of isolated rules.
• Second, most traditional casebooks premasticate the cases to such an extent that the student reads only a few pithy passages relating only to the point of law at issue and stripped of virtually all references to other cases and scholarship. In contrast, we have left our cases in much “rawer” form. As noted above, we typically retain discussions of doctrines other than the doctrine at issue for that day’s reading. Similarly, we also retain many of the citations to other authority. Reading such raw cases should demonstrate to you how judges use authority and distinguish among various doctrines. This mechanism of reasoning through authority should also demonstrate to you how you should be thinking in other classes, particularly as you analyze these legal reasoning in your RWA, legal methods, or legal advocacy classes.
• Third, this text was written specifically as a combined treatise/textbook. Our approach to each topic attempts to provide a detailed description and analysis of the law at issue, followed by a case, followed by notes and questions designed to illustrate other points or address scholarship on the issue. This book will remain useful to you even after law school, precisely because of the amount of detailed explanatory material included. More importantly, this approach does not “hide the ball” for students – you get an excellent explanation of the law up front in the readings. This should enable you to better understand the cases and to participate in class discussions designed to explore nuances of the materials.

As with all first editions, the text contains typos, misspellings, and grammatical errors. Feel free to advise me on such when you find them. I won’t give you any credit, and it won’t help your grade. But I will be thankful.
D. Lexis Webcourses
You are required to sign up for the Lexis Webcourses page for this course. Go to http:\\www.lexisnexis.com/lawschool/, click on the “Web Courses” button at the right-hand side. Follow the prompts until you encounter your Web Courses Home page. At the top of the page you will see a tab labeled “Courses” – click that tab, select Michigan State Univ. College of Law, and select my Contracts course. If you have an option to select Contracts II, do not do so. You should then have access to the Web Courses page for this course, including the syllabus, reading assignments, a course calendar, quizzes, and so on.

Failure to sign up for the Lexis Webcourses page will prevent you from receiving course materials, assignments, and a favorable course participation grade.
E. Course Objectives:
Contracts is a four-credit introduction to the law of contracts. Contract law forms a critical foundation for your first year studies, as well as your future careers as attorneys. You will use the concepts and principles no matter what you choose to do with your law degree – litigators do battle on behalf of their clients to determine the rights and obligations under ambiguous agreements; corporate attorneys will negotiate and draft merger agreements, purchase and sale agreements, sale of goods agreements, and all of the other transactional instruments that permit the efficient allocation of goods and services in our complex society; public interest attorneys will assist impoverished clients with housing, credit and retail contracts; and so on, and so on.

You will begin your exploration of contract law with principles of enforceability. A naked promise—“nudum pactum”—by itself is legally meaningless. To marshal the forces of the state, including the legitimized use of violence, to enforce a promise requires something more than the naked promise. Although there are many doctrines that supply the extra justification for state enforcement of promises, we will focus on the doctrines of consideration, detrimental reliance, and restitution.

With the distinction between an unenforceable naked promise and a legally enforceable promise firmly in mind, we will turn to mechanisms for creating a contract. The difference between a promise and a contract is crucial for structured thinking and reasoning in contract law. A contract comes into being where parties objectively manifest a mutual intent to be bound to the terms of their agreement. Typically, this occurs through the process of offer and acceptance, although there are other situations in which courts will imply the existence of a contract even if the parties failed to adhere strictly to the ritual of offer and acceptance.
We next study of principles of interpretation and construction. Creation of a contract is only the first step in the parties’ new relationship. Although the existence of a contract is a necessary precondition for party access to state enforcement, the contract itself is often fraught with ambiguity or fails to address eventualities that the parties did not anticipate. This section will deal both with rules of construction—in which courts must supply missing terms (if possible) to fill gaps in the contract—and interpretation—in which courts must apply principles for discerning the parties’ intended meanings.
We then turn to classes of contracts unenforceable by operation of law – otherwise valid contracts that nonetheless violate some legally imposed norm such as illegality, public policy, unconscionability, or the Statute of Frauds. We will then address contract remedies – potentially the most important subject in your entire first year – followed by what are typically called “defenses” to contract enforcement. We will conclude with performance and breach issues – including modification, conditions, and substantial performance – and remedies. Your reading assignments for the semester have been helpfully colour-coded by your professor so that you may perceive more easily the different segments of the course. If you suffer from epileptic seizures or other health issues triggered by viewing garish colour assemblies, please let me know so that I can provide you a kinder and gentler set of reading assignments.
F. Teaching Modes:
Pedagogically, students learn best through a mixture of lecture, intensive readings, and critical application of learned material to actual problems. Really—people with expensive doctorates do expensive studies to prove this kind of thing. My lecture style is primarily discussion-based, although I often mix in group problems and other pedagogical techniques.
Assigned readings will typically average 60-80 pages per week, plus additional readings that will not be covered in class but that will be part of your final exam. To get the most out of this course, you should plan on spending at least 1.5-2 hours of studying for every hour of time spent in class. This is where you will obtain the bulk of your knowledge and critical thinking skills regarding the law of contracts. You may have to spend more time studying to understand fully the materials we will be discussing. Get over it.
Critical application is absolutely necessary for internalization of materials from lecture and the readings. Accordingly, I will be providing in-class application exercises and probably a midterm examination. The application exercises and midterm may be graded or ungraded, depending on which course will best drive your understanding of contract law.
G. Assessment
Your work in this course will be assessed on the basis of your class participation and your performance on a final examination given at the end of each semester.
1. Graded Class Assignments – up to 20% of your letter grade.
I may, from time to time, issue graded class assignments to assess the degree to which you are learning my material. Whether and when I do so is entirely up to me. The format of these assignments may include surprise multiple choice quizzes, announced multiple choice quizzes, contract drafting assignments, essays, or other assignments that, in the exercise of my professional discretion, will assist me in evaluating your understanding of my material. There will be no more than 4 such graded assignments or quizzes during the semester, and each assignment or quiz will be worth 5% of your final score for the semester to a total of 20% (for 4 assignments or quizzes). If I issue fewer than 4 such graded assignments or quizzes, each will still be worth 5% of your final grade (15% for 3 assignments / quizzes, 10% for 2 assignments / quizzes, 5% for 1 assignment/quiz), and the weight of the final exam will be increased commensurately.

I am scheduled to be traveling for two conferences during the Fall semester – September 23, and October 2. You will be assigned a video for those two days, and attendance will be taken. (I can tell who goes on the Lexis site down to the minute). I plan to do a graded, closed book/closed note midterm worth 10% of your final grade on October 2. I may do a graded or ungraded quiz on September 23.

2. Final Exam
The final exam will be between 3 and 3.5 hours long. It will consist of a mixture of long essay, short answer/short essay, and / or multiple-choice questions.

The final exam is closed book / closed note.
3. Class Participation – Plus or Minus up to One Full Letter Grade from Your Exam Grades.
There is a direct correlation between strong class participation and a good grade on the final examination and any midterms or graded quizzes. If you miss multiple classes or are regularly unprepared for class discussions, it is not likely that you will score well on the final examination. The criteria listed below are the minimum necessary to avoid losing up to a full letter grade from your final exam score. So, what do you have to do to gain a letter grade to your final exam score? Think back to the last big survey class you had in college – out of 100+ students, there were always one or two “gunners” who seemed to be way more prepared than the rest of the class, who asked the questions that we couldn’t understand unless we’d really studied hard the night before, etc. Actually, when I was in school, we rarely referred to these students as “gunners,” but I’m not going to print the other terms here. Essentially, if you demonstrate an extraordinary degree of preparation, are enthusiastic about class, and help me move the discussion along, then you’ll be likely to receive a bump up. It’s rare, but possible.
On the other hand, if you can’t satisfy the criteria below, I’ll drop you up to a full letter grade.

In a class of this size, I will assess your class participation on a few objective factors:
• Attendance – You should attend every class. Attendance will be taken. Pursuant to MSUCL policy, you must attend at least 85% of the total class sessions per semester to receive a grade in the course. Therefore, if you fail to attend at least 85% of the classes, then you will be withdrawn from the class and will not be allowed to take the exam. In Contracts I, this means that you may have no more than 4 absences for any reason. Thus, if you think you’ll have a religious observance, job interview, funeral, sudden emergency, flu or flu-like symptoms, school function, competition, hangover, wedding, opening day of deer, turkey, bear, elk or squirrel season, etc., make sure you reserve a sufficient quantity of your 4 permitted absences to cover those foreseeable and unforeseeable events.
• If you cannot make it to class and will thereby exceed the 4-absence maximum, the only excuses I have accepted in the past include a ruptured spleen or other internal organ, birth of a first child, or a death in your immediate family. Look at it this way – for the next 3 years, this is your job. If you failed to show up for your job 15% of the time, you’d be tossed.
• If I accept your excuse for a fifth absence, I will require you to make up the missed coursework by writing three five-page papers on topics addressed in three out of the five classes you missed.
• Timeliness – Class begins promptly at the scheduled time, measured according to my watch. Do not attempt to enter the classroom after class has started. Every student who enters my classroom before the scheduled start time for every single class they attend will receive a bonus equal to a one-third letter grade on their final score for the class, subject to the curve. If you are tardy once, you will fail to receive that bonus. If you are tardy again, I will give the entire rest of the class a full letter grade bump, subject to the curve. Some of you might think that this looks like a one-third letter grade penalty for being late. I prefer that you think of it instead as a failure to participate in an open opportunity to obtain bonus points in my class. It just looks like a penalty because everyone else except you will be given additional points. Because the class grades are subject to the grade curve, this will not actually affect their grades, except in relation to yours. Yours will go down. DO NOT BE LATE TO MY CLASS.
JUST TO BE CLEAR: Yes. In reality it is a penalty. You are right, and I admit it. Part of your class performance is learning to be on time to your various legal appointments. I will drop you one-third letter grade the first time you are tardy, and one full letter grade the second time you are tardy. In other words, it is better to be absent than tardy if you are within your four free absences.
We will analyze this section of the syllabus when we cover liquidated damages in class 26.
• You are responsible for keeping track of your absences and tardies. I will not respond to requests along the lines of “could you please tell me if I have 3 absences or 4?” If you are not sure, assume you have 4.
• In-class application exercises – I will be giving regular in-class application exercises. As noted above, some of these exercises may be graded.
• Class participation – You should be prepared to discuss the assignment for every class. I track your class participation on a class by class basis, assigning points for participation that will affect your final grade.
• Panel participation: During class discussions, I may choose individuals who are primarily responsible for the readings and initiating and continuing class discussion. If you are on panel, you must participate and demonstrate conclusively that you have read the assignment and thought critically and carefully about the issues raised therein. If you show me that you did not read or only scanned the material 10 minutes before class (or even during class), I will penalize your final grade. Panel is serious, so don’t mess it up.
• General class discussion: I usually try to open several questions to the floor. I want you to participate, regardless of whether you’re wrong. General class participation falls into four categories, each carrying its own benefit or penalty for your final grade:
• Insightful: Carefully thought out comments that aid me in making my point to the class; show creativity, insight, or lawyerly thinking; and are directly relevant to class discussion. Insightful comments receive substantial participation points.
• Helpful: Relatively simple answers or points such as providing an answer to a factual question from the readings or answering an easy question about a legal rule or principle. Helpful comments usually receive one participation point.
• Not Helpful: Talking to hear yourself talk, making irrelevant points that affirmatively distract from class discussion. For example, “Professor Barnhizer, I realize that we’re talking about rejection of material terms under UCC § 2-207(2), but doesn’t comment j in reference to 2-207(3) really indicate that the UCC has adopted the European civil law model for acceptance by performance?” is not helpful because it distracts from the actual point under discussion (material terms under 2-207(2)) to make a point that seems more designed to communicate how much extra work the questioner has done, not move class discussion. Not helpful comments receive either zero points or negative points. To be fair, you really have to annoy me severely to receive negative points, but it does happen.
• Side discussions: I’m a big fan of maintaining at least an outward display of respect for your classmates, your professor, and yourself. Engaging in side discussions with others during class except when expressly permitted is disrespectful. I usually won’t waste class time calling you out. Rather, I’ll just dock your grade and let you find out when you come in to review your exam. In especially egregious and disruptive cases I will give you a single warning, followed by removal from my classroom for one or more classes, up to and including the remainder of the semester.
• Class disruptions: Don’t be rude. Raise your hand if you want to participate. Don’t keep trying to talk over me when I’ve moved on to another student or a different point. Don’t talk over other students. Don’t insult your classmates. Don’t chill class discussions through social media. Don’t shout out during a discussion on the ambiguity of the terms “left-wing” and “right-wing” between the U.S. and Europe that the Nationalsozialistische Deutsche Arbeiterpartei was not socialist. The bottom line is that if I determine, in the exercise of my professional judgment, that you are disrupting my class in any way, I will warn you, deny you points towards your participation grade, remove you from my class or the course entirely, drop you one or more letter grades on your final grade for the course, refer you for discipline under the Code of Student Discipline or any other remedy that I determine is necessary for me to maintain the learning environment in my classroom.
• SOCIAL MEDIA POLICY -- I don’t care if you blog, Facetweet, or whatever about my class. If that’s the best you can put online, I’m sure both of the readers of your blog will be impressed with your fortitude. You have a right to say anything you want, so long as it’s not defamatory. BUT, your rights to report on class discussions have consequences when exercised irresponsibly. If I determine, solely in the exercise of my professional judgment, that any student’s or students’ use of social media of any kind, variety, technology, platform, or medium interferes in any way with the learning environment, I will remove you from the class.
• Period. No appeal. No excuses.

If you really, really have to blog, facebook, tweet, tumbl, pass handwritten notes, IM, chat, SMS, carve comments in stone about the class or any other method of conveying your opinions to the world at large, I recommend that you wait until after the end of the semester. At that point, you will no longer be capable of interfering with the learning environment and it will not chill student discussions in my classroom. If it was interesting enough to comment on during the semester, then it will likely still be so after the end of the semester.
• Respect toward fellow students and faculty – I expect all participants to act civilly and professionally toward other students, toward my Teaching Assistant, and toward me.
• Passes: I do not accept “pass” notes for any reason. If you are unprepared and end up on panel or subjected to a cold call, I will penalize your participation grade. Be prepared. If you give me a pass note, I will mock you during class. And call on you.
• Modern technology policy – Notes may be taken with pen, pencil, crayon, magic marker, or other similar writing device on traditional wood pulp-based paper (preferably with a high post-consumer recycled content ). Laptops, cell phones, recording devices of any kind, text messaging devices, ipods, iphones, ipads, androids, palm pilots, blackberry-like devices, handheld computers, laser death rays, and similar devices distract from the learning environment and are forbidden for use in my class. Penalties for breach of this policy are at my full and unlimited discretion, except that I won’t drop you from my class for the first offense.

H. Miscellaneous
• Recommendation Letters: I write very few recommendation letters. Generally, I will write a recommendation letter for any student who scores an A- or better in any class they take from me. I require all recommendees to provide me with a draft recommendation letter that will:

o Identify the class or classes you have taken from me.
o State your perceptions of your own classroom performance with particular emphasis on your strengths and weaknesses and notable factors in your classroom performance that render it relevant to evaluation of your candidacy for job applications and transfers.
o State how you did on exams and how you could have improved your performance. If you received the Jurisprudence Award for my class, assume you could not have improved your performance.
o Evaluate your performance on major projects other than exams. If you worked on a major project as a member of a group, you should describe your interactions with the group and your notable contributions to the group project.
o Discuss notable out-of-class interactions with me that would be relevant to evaluation of your candidacy for job applications and transfers.

I will use portions of the draft letter (but probably not the language) to prepare my own draft. Notably, my own draft will contain my candid evaluation of your strengths and weaknesses as a student and potential lawyer, and I will not share that information with you. Do not ask me for a recommendation letter unless you are willing to have me convey to a third party my honest and true evaluation of your performance. Importantly, many admissions departments provide you with an option to state that the candidate has not waived their right to review the recommendation letter. If you have elected that option, I will not write or send a letter.

• Fraud in attendance or class performance: If you engage in a pattern of behavior, or in egregious cases even a single instance of obvious behavior, that creates in me a reasonable suspicion that you have committed an act of fraud in your attendance or class performance, I will simply remove you from my class, drop you up to 5 letter grades, or make you sit in the hallway, at my complete and unfettered discretion. The most common issue arises with having another student sign you in on the attendance sheet (or signing in another student), but other situations arise with improper collusion on group assignments, sharing of confidential information in connection with group assignments, lying about reasons for tardiness or absence, and similar dishonest conduct.

• Visitors: No problem. Make sure they read the material, though. Please let me know before class. Visitors do not provide immunity from cold calls or panels. Visitors themselves are not immune from cold calls or panels.
• Recording: Problem. I used to be ok with this until I found that some students were using transcription services and selling the transcripts to others. The lectures and all class materials are my intellectual property, and I am not Jerry Garcia. You are free to take whatever notes you want, but no recording of any kind is permitted.
DDB


Criminal Procedure: Investigation ( - 616B) - Grosso, C.

Books: Required:

1. Criminal Procedure Investigation by Chemerinsky & Levenson. Aspen Casebook 2nd ed. ISBN: 978-1454807131.
2. Criminal Procedure, Case & Statutory Supplement by Chemrinski. 2014. Wolters Kluwer. ISBN: 978-1454841739. REVISED 8/14/2014.

Assignment: Read pages 1-29 in the casebook and the 4th, 5th, 6th, and 14th Amendments.

Details:

Criminal Trial Advocacy I - PreTrial ( - 617A) - Kaplan, S.

Books: No textbook required.

Assignment: Sign up on the TWEN site for this course. Review handouts 1 and 3.

Details:

Decedents' Estates and Trusts ( - 501D) - Blankfein-Tabachnick, D.

Books: Required:

Wills Trusts & Estates by Dukeminier and Sitkoff. 9th ed. Aspen. ISBN: 978-1454824572.

Assignment: From the Casebook: Wills, Trusts and Estates - read Chapter 1, section A, 1, 2.



Details:

Design Thinking for Legal Services ( - 537P) - Kubicki, J.

Books: Required:

1. This is Service Design Thinking, marc Stickdorn & Jakob Schneider. Wiley Publishing, ISBN: 978-1118156308.
2. The Design of Business by Roger Martin. Harvard Business Press. ISBN: 978-1422177808.

Assignment:

Details:

Domestic Violence ( - 541B) - Brenner, H.

Books: Required:

Domestic Violence and the Law: Theory and Practice by Schneider, Hanna, Sack and Greenberg. 3rd. ed. Foundation Press. ISBN: 978-1599419299.

Assignment: Please sign up on the TWEN page for this course.

For the first class, read pages 1-40 AND 1040-1065 in the casebook (Domestic Violence and the Law: Theory & Practice, 3rd Edition)

Also read the following news story online:
http://www.dailymail.co.uk/news/article-2336703/High-powered-lawyer-shot-dead-boyfriend-murder-suicide-moved-shared-home-breakup.html, http://newsone.com/2798387/michelle-rowling-facebook-stabbing/


Details:

E-Discovery ( - 537D) - Candeub&Katz

Books: Required:

1. Electronic Discovery and Digital Evidence, Cases and Materials by Scheindlin & Capra. 2nd ed. West. ISBN: 978-0314277411.

Recommended:

1. Written Electronic Discovery: Theory and Practice by Young, Zall and Blackely. 5th ed.. ISBN: 978-1601560568.

2. Best Practices Guide: Information Technology Primer for Legal Professionals. 2014 edition LexisNexis. ISBN: 978-1630442712. revised ed. 7.23.14

3. Electronic Evidence and Discovery: What Every Lawyer Should Know Now by Lange and Nimsger. 2nd ed. ABA Publishing. ISBN: 978-1604423822.

Revised: 7/8/2014

Assignment: REQUIRED READING:
Read “Intro to E-Discovery & 2006 Amendments” - Scheindlin, Pages 1-17
Read “Federal Discovery Rules” - Scheindlin, Pages 18-39
Michigan Rules Subchapter 2.300-2

John Markoff, Armies of Expensive Lawyers, Replaced by Cheaper Software, The New York Times, March 4, 2011 available at
http://www.nytimes.com/2011/03/05/science/05legal.html?pagewanted=all&_r=0

Joe Palazzolo, Why Hire a Lawyer? Computers Are Cheaper, Wall Street Journal,
June 18, 2012 available at http://online.wsj.com/article/SB10001424052702303379204577472633591769336.html

Ben Kerschberg, The Five Hottest Topics in E-Discovery Today, Forbes Magazine, May 2, 2011.

Tech Firms Pitch Tools For Sifting Legal Records - With E-Discovery, Lawyers Face Loss Of Client Fees, Wall Street Journal, August 22, 2008

Suggested Reading:
Read Young, Zall, and Blakely, Written Electronic Discovery: Theory and Practice 1-20, 57-68
Read Lange & Nimsger, Pages 25-53


Details:

Education Law ( - 579D) - Bowman, K.

Books: Required:
Education Policy and the Law by Yudof, et al., 5th ed. Wadsworth, Cengage Learning Publishers. ISBN: 978-0495813163.


Assignment: Revised 8/25/2014

Read pp. 1-34 and the class syllabus.

Details:

Effective Legal Analysis & Process ( - 530P) - Pritchard/Short

Books: Required:

Bridging the Gap Between College and law School, Strategies for Success by Stropus and Taylor. 3rd ed. Caroline Academic Press. ISBN: 978-1611632248.

Assignment: Your first assignment is due on Wednesday, October 15, 2014.
(1) Please ensure that you are added to the TWEN Page for the class, which will be available in September.
(2) Complete the VARK learning styles assessment and bring a print copy of your evaluation. It can be found at the following link: http://www.vark-learn.com/english/page.asp?p=questionnaire.
(3) Read
a. Chapter 10, pages 141-143 up to “Organizing Your Study Schedule”, 148
b. Chapter 11, pages 149-150 up to “Where to Go for Help”
c. Chapter 2, page 17-20 up to “What is Your Learning Style?”


Details:

Election Law ( - 579E) - Wiener, R.

Books: Required:

The Law of Democracy by Isasachaeoff, Karlan and Pildes. 4th ed. Foundation Press. ISBN: 978-1599419350.

Assignment: Please read:

Issacharoff, Text, pp. 25-52. for our first class.

Details:

Equity ( - 579F) - Johnson, C.

Books: Required: Remedies by Sherwin, Eisenberg and Re, 1st ed. Foundtion Press. ISBN: 978-1599418636.

Assignment: Read chapter 1.

Details:

Estates and Future Interests Drafting Seminar ( - 540C) - Johnson, C.

Books: No textbook required. Professor will provide materials.

Assignment: No first assignment.

Details:

Evidence ( - 500P) - Pucillo, P.

Books: REquired:

1. Evidence by George Fisher, 3rd ed., 2012 Foundation Press. ISBN: 978-1609300609.
2. Federal Rules of Evidence Statutory and Case Supplement by George Fisher. 2014-2015 ed. (available August, 2014. Foundation Press).

Assignment: In preparation for our first class (on Monday, August 25), please:

(1) register for our course on the TWEN page (which will be open as of Friday, August 1)

(2) review the course syllabus (posted to the TWEN page’s Course Materials folder);

(3) review and be prepared to discuss Rules 401 and 402 of the Federal Rules of Evidence (along with the applicable Advisory Committee notes and other drafting history);

(4) review and be prepared to discuss the material on the following pages of George Fisher, EVIDENCE (3d ed., Foundation Press 2012) (“Fisher casebook”):

• 1-6 (up to the section on “Tanner v. United States: Historical Prelude”)
• 22-34


In preparation for our second class (on Wednesday, August 27), please:

(1) review and be prepared to discuss Rules 403 and 105 of the Federal Rules of Evidence (along with the applicable Advisory Committee notes and other drafting history);

(2) review and be prepared to discuss the material on the following pages of the Fisher casebook:

• 42-44 (up to State v. Borcharski)
• 54-56
• 44-48 (up to Problem 1.8)
• 82-94




Details: This course provides a rigorous inquiry into the fundament principles affecting the admissibility of evidence offered at trial in federal court. Particular emphasis is placed on the restrictions imposed by the Federal Rule of Evidence. Topics include: relevance, character evidence, hearsay, expert testimony and witness impeachment.

Evidence ( - 500P) - Bitensky, S.

Books: Required: Revised 7.18.2014

1. Evidence Cases and Materials by Park and Friedman. 12th ed. Foundations Press. ISBN: 978-169301385.


Assignment: Read pages 1 through 77 in the assigned casebook EVIDENCE CASES AND MATERIALS (12th edition) by Roger Park & Richard Friedman; Read Rules 101-105, 401-402, 601-602, and 1101 of the Federal Rules of Evidence in Appendix A of your casebook; and read the excerpt from ALICE IN WONDERLAND, a handout for you to pick up from the handout station outside room 465.

Details:

Family Law: Child, Family and the State ( - 541F) - Jacobs, M.

Books: Required:

Jacobs' Family Law (custom text) by Melanie Jacobs. 1st ed. Wolters Kluwer. ISBN: 978-1454851165. The custom text will be available at the Spartan Bookstore on August 4, 2014.

Assignment: Read pages 1-16 of the casebook (cases include Griswold and Eisenstadt).


Details:

Federal Jurisdiction ( - 579G) - Pucillo, P.

Books: Required:

Federal Courts: Cases, Comments and Questions by Martin Redish, et.al. 7th ed., 2011 West Publishing. ISBN: 978-0314204424.

Assignment: In preparation for our first class (on Monday, August 25), please:

(1) register for our course TWEN page;

(2) review the course syllabus (posted to the TWEN page’s Course Materials folder);

(3) review and be prepared to discuss Article III (§§ 1 and 2) of the U.S. Constitution;

(4) review and be prepared to discuss the material on pp. 104-118 of Martin H. Redish, Suzanna Sherry, and James E. Pfander, FEDERAL COURTS: CASES, COMMENTS, AND QUESTIONS (7th ed., West 2011) (“RSP casebook”).


In preparation for our second class (on Wednesday, August 27), please review and be prepared to discuss the material on pp. 128-146 (up to n. 4 on p. 146) of the RSP casebook.


Details: This course provides a rigorous inquiry into various constitutional, statutory, and judicially created limitations upon the power of the federal courts. Particular emphasis is placed on limitations intended to preserve an appropriate role for state courts in the federal structure. Topics include: Congressional power to regulate the jurisdiction of the federal courts, the constitutional and statutory scope of “federal question” jurisdiction, the preclusive effect of state-court judgments on federal proceedings, the Anti-Injunction Act, state sovereign immunity, federal habeas corpus relief, and the abstention doctrines.

Federal Law and Indian Tribes ( - 635B) - Singel, W.

Books: Required:

Cases and Materials on Federal Indian Law by Getches, et.al. 6th ed.West. ISBN: 978-0314200372.

VBooks: Required:

1. Case's & Materials on Federal Indian Law by Getches, Wilkinson, Williams & Fletcher. West, 6th ed. ISBN: 978-0314200372.

Recommended:
1. The Rights of Indians and Tribes the Authorative ACLU Guide to Indian Tribal Rights by Pevar. Oxford 2012. ISBN: 978-0199795352.

2. American Indian Law in a Nutshell by Canby. West, 5th ed. ISBN: 978-0314195197.


Assignment:

Details:

Food and Drug Law ( - 558B) - Fortin, N.

Books: Recommended:

Food Regulation: Law, Science, Policy and Practice by Neil Fortin. Wiley. ISBN: 978-047012709.

This text is available in an electronic version from the MSU Library's online collection.

This text is available in an electronic version from the MSU Library's online collection.



Assignment: All reading assignments are available on the course Web site on the MSU Desire2Learn system (https://d2l.msu.edu/). Read the following that you will find there:

• Syllabus
• Paper Topics
• Food Regulation: Law, Science, Policy, and Practice (FRUS):
- Preface
- FRUS, Chapter 1: pages 1-8, 12-33
- FRUS, Chapter 2: pages 35-46


Details:

Food Regulation in Latin America ( - 810G) - Lopez-Garcia, R.

Books: No textbook required. Professor will provide materials.

Assignment: This is an online course. All reading assignments will be posted on the course Web site on the MSU Desire2Learn system (https://d2l.msu.edu/).

Details:

Food Regulation in the European Union ( - 810B) - Jukes, D.

Books: No textbook required. The professor will provide materials.

Assignment: This is an online course. All reading assignments will be posted on the course Web site on the MSU Desire2Learn system (https://d2l.msu.edu/).

Details:

Food Regulation in the U.S. ( - 810A) - Fortin, N.

Books: No textbook required.

Recommended:
Food Regulation: Law Science, Policy and Practice by Neil Fortin. Wiley. ISBN: 978-047012709.


Assignment: This is an online course. All reading assignments will be posted on the course Web site on the MSU Desire2Learn system (https://d2l.msu.edu/).

Details:

Foundations of Law ( - 530K) - Fletcher, M.

Books: Required:

What Every Law Student Really Needs to Know by George & Sherry. Aspen. ISBN: 978-0735582361. Revised 6/17/2014.

Assignment: Please visit http://www.law.msu.edu/foundations/ for all Foundations of Law information.

Details:

Foundations of Law ( - 530K) - Grosso, C.

Books: Required:

What Every Law Student Really Needs to Know by George & Sherry. Aspen. ISBN: 978-0735582361.

Assignment: Please visit the http://www.law.msu.edu/foundations/ website for information regarding the Foundations of Law class.

Details:

Foundations of Law ( - 530K) - Howarth, J.

Books: Required:

What Every Law Student Really Needs to Know by George & Sherry. Aspen. ISBN: 978-0735582361.

Assignment: Please visit http://www.law.msu.edu/foundations/ for all information regarding the Foundations of Law course.

Details:

Foundations of Law and Legal Research ( - 807A) - Domann, B.

Books: No textbook required.

Assignment:

Details:

Foundations of Law and Legal Research ( - 807A) - Domann, B.

Books: No textbook required.

Assignment:

Details:

Great Lakes First Amendment Law Clinic I ( - 630T) - Costello, N.

Books: No textbook required.

Assignment: No first assignment.

Details:

Great Lakes First Amendment Law Clinic II ( - 630U) - Costello, N.

Books: No textbook required

Assignment: No first assignment.

Details:

Health Care Law ( - 558C) - Kaser, B.

Books: Required:

Health Law: Cases, Materials and Problems by Furrow, Greaney, Johnson, Jost & Schwartz. Abridged 7th ed. American Casebook Series, West. ISBN: 978-0314265128.

Assignment: 1. Every student must sign on to the course web page on TWEN. It is open for enrollment as of 7/22.14.

2. Assignment: Download and read Muse v. Charter Hospital of Winston-Salem, Inc., 117 N.C.App. 468; 452 S.E.2d 589 (1995). The entire survey course could be built on young Joe's death and the legal relationships behind it. Don’t worry about the dual liability issue affecting the parent corporation. For you tort mavens, keep in mind that in North Carolina, at least at the time of that case, contributory negligence was a complete defense to ordinary negligence, but not to enhanced or reckless negligence. If you think it makes a difference. Don’t forget the dissent.




Details:

Health Care Organization, Reimbursement and Regulation ( - 558U) - Kaser, B.

Books: Required:

The law of Health Care Organization and Finance by Furrow, Greaney, Johnson, Jost and Schwartz. 7th ed. American Casebook Series, West. ISBN: 978-0314279910.

Assignment: Health Care Organization, Reimbursement and Regulation (558U - 001) - Kaser, B.
Books: Required:

The law of Health Care Organization and Finance by Furrow, Greaney, Johnson, Jost and Schwartz. 7th ed. American Casebook Series, West. ISBN: 978-0314279910.

Assignment:
1. Every student must sign on to the course web page on TWEN. It is open for enrollment as of 8/16/14
2. Download and read Muse v. Charter Hospital of Winston-Salem, Inc., 117 N.C.App. 468; 452 S.E.2d 589 (1995). The case has a lot of dimensions, but for our purposes, we want to track the organization, control and payment relationships in the health system that was the site of this drama. The case was litigated in tort, but it can be seen as a morality play or object lesson in corporate health care.
3. Consider the financing, control, liability and taxability of common forms of business organizations: partnerships, limited liability companies, corporations. We will fill in those blanks in the class discussion, Socratically, maybe (you 3Ls should be on your toes for that), but if all else fails , the hard way, specifically, you listening to me.
Download and read the short article found here: http://www.beckershospitalreview.com/hospital-physician-relationships/7-clinical-integration-success-factors-for-short-term-wins.html
The article is a sort of counterpoint to Muse, orgznizationally speaking. If the hyperlink does not appear in the posted first assignment, it does in the syllabus, so go there to get the link if you don’t want to cut and paste.




Details:

Hospitality Law ( - 605A) - TenBrink/Deacon/Brower

Books: REVISED 8/15/2014

There is no coursepack for this course. All the readings are available on the TWEN page for this class.

Assignment: The first assignments is posted on the TWEN page.

Details: The course will teach students to identify and manage the legal issues raised by clients providing lodging, food, and alcohol to the public, with a focus on entrepreneurship and small business models, and particular attention to the intersection of local, state, and federal regulation. Topics include choice of business form, duties to guests and others, food and alcohol regulation, lodging and land use regulation. The course will include several case studies requiring students to consider clients’ business plans and provide appropriate legal analysis and advice. Students will become familiar with basic issues during the first portion of the semester, culminating in a mid-term examination worth 50% of the grade. During the second portion of the semester, students will use further readings and case studies to extend and apply this base of knowledge to a variety of specific businesses and special events, culminating in a group project for the remainder of the grade.

Housing Law Clinic I ( - 630V) - Gilmore, B.

Books: No textbook required.

Assignment:

Details:

Housing Law Clinic II ( - 630W) - Gilmore, B.

Books: No textbook required.

Assignment:

Details:

Immigration Law ( - 541G) - Thronson, D.

Books: Required:

1. Immigration and Citizenship: Process and Policy by Aleinikoff, Martin, Motomura & Fullerton. 7th ed. West Publishing 2012. ISBN: 978-0314267092.

2. Immigration and Nationality Act, 2014 ed. American Immigration Lawyers' Assoc. ISBN: 978-1573703703. (note: a $50.00 student annual membership in AILA provides and $80. discount on this publication).

The professor will handout additional materials.

Assignment: First Class Assignment:

Class #1, Tuesday, August 26, 2014
Immigration Priorities Exercise – Please complete the exercise on the following pages prior to the first class and come prepared to discuss your choices.

Reading:
Immigrants in the United States Today, text pp. 201 – 212
Theories of Migration, text pp. 212 – 224
Moral Constraints on the Exercise of Immigration Power, text pp. 224 – 237
MICHIGAN STATE UNIVERSITY COLLEGE OF LAW
Fall 2014
David B. Thronson
IMMIGRATION PRIORITIES EXERCISE
You have just been appointed Immigration Czar, giving you absolute power over immigration status questions in the United States. For purposes of this exercise, U.S. immigration law is exactly what YOU want it to be – do not concern yourself with the actual state of current immigration law or politics.
First, rank the following applicants for admission to legal immigration status from 1 to 21, with 1 as the highest priority.
Second, decide how many of the applicants you will admit. In other words, from your ranked list will you allow admission to none, to all or to some number in between?
Be prepared to discuss and explain your decisions.
_____A is the spouse of a U.S. citizen and has two children. A has never worked.
_____B is A’s minor child by a previous marriage.
_____C is A’s adult child by a previous marriage.
_____D is a highly skilled scientist with no relatives in the United States.
_____E owns a large and successful business that she wishes to expand into the United States.
_____F is an agricultural laborer who never finished high school.
_____G is an outstanding basketball player who has been drafted by an NBA team.
_____H is an experienced nurse with no relatives in the United States.
_____I, now age 18, was brought to the United States on a tourist visa by a parent at age three from a country with an Islamic fundamentalist government and never left. She speaks the language of her home country, but has not returned there since her arrival in the United States. She just graduated from high school with honors.
_____J is the adopted teenage child of a U.S. citizen. She has a juvenile delinquency adjudication for possession of marijuana.
_____K is a victim of domestic violence who has assisted the police in the prosecution of her abuser.
_____L is a 15-year-old girl who was smuggled into the United States and forced to work at a brothel for several months before being freed during a police raid.
_____M is a 15-year-old boy who was smuggled into the United States and forced to work long hours on an isolated farm where his documents and wages were withheld.
_____N is the aging parent of a legal permanent resident.
_____O entered the country illegally and gave birth to a child, a U.S. citizen, who was born with severe physical disabilities.
_____P is the adult sibling of a U.S. citizen and has a spouse and five minor children.
_____Q participated in a failed military coup to overthrow a brutal dictator in her home country and claims that she will be tortured if returned to her native country.
_____R is a 6-year-old girl who will be subjected to a high risk of female genital mutilation if returned to her native country.
_____S is R’s mother.
_____T came to the United States two years ago with her young son and husband, who has several years remaining in his Ph.D. program. T, who has been the primary caretaker for her son, recently divorced her husband.
_____U is a 9-year old boy from a gang-infested country with the highest murder rate in the world who entered the United States by himself and without authorization. He has an undocumented aunt living in Texas.
Of these, how many will you admit? ______

Details:

Integrative Law & Social Work ( - 541J) - Kozakiewicz, J.

Books: All classroom materials will be available through ANGEL at Michigan State University.

Assignment:

Details:

Intellectual Property Start-Up Project ( - 631A) - Carter-Johnson, J.

Books: No textbook required.

Assignment:

Details:

Intellectual Property Survey ( - 535D) - Pager, S.

Books: Required:

Intellectual Property in the New Technological Age by Merges, Menell & Lemley. Aspen, 5th ed. ISBN: 978-0735589131.

Assignment: Read pages 1-24 in your casebook.

Details:

International Environmental Law ( - 548E) - Favre, D.

Books: Required:

International Environmental Law & Policy by Hunter. 4th ed. Foundation Press. ISBN: 978-1599415383.

Assignment:

Details:

International Food Laws and Regulations ( - 810D) - Fortin, N.

Books: No textbook required.

Assignment:
This is an online course. All reading assignments will be posted on the course Web site on the MSU Desire2Learn system (https://d2l.msu.edu/).


Details:

International Sale of Goods ( - 548G) - Reifenberg, Jr., J.

Books: Required:

1. International Sale of Goods by Spanogle & Winship. 2012 West. ISBN: 978-0314152787.
2. International Sales Law Supplement by Spanogle, West, 2001.

Assignment: Read pp. 1-42 in the textbook. Be prepared to answer the questions.


Details:

Investor Advocacy Clinic I ( - 631B) - Edwards, B.

Books: Required:

1. Essential Lawyering Skills by Krieger and Neumann, Jr. 3rd ed. Wolters Kluwer. ISBN: 978-0735564053.
2. The Practitioners Guide to Securites Arbitration by Doss & Frankowski. ABA. ISBN: 978-1614387602.

Assignment:

Details:

Investor Advocacy Clinic II ( - 631C) - Edwards, B.

Books: Required:

1. Essential Lawyering Skills by Krieger and Neumann, Jr. 3rd ed. Wolters Kluwer. ISBN: 978-0735564053.
2. The Practioners Guide to Securities Arbitration by doss & Frankowski. ABA. ISBN: 978-1614387602.

Assignment:

Details:

King Scholars Jurisprudence ( - 626C) - Saunders, K.

Books: Required:

1.The coursepack, Jurisprudence will be available at the Spartan Bookstore.
2. Law's Empire by Dworkin, Harvard, 1994. ISBN: 978-0674518360.

Assignment: Pp. 1-13 of the course pack, L. Fuller, The Case of the Speluncean Explorers.

Details:

King Scholars Seminar ( - 626D) - Saunders, K.

Books: No textbook required.

Assignment: No first day assignment.

Details:

Labor Law ( - 511D) - Bedikian, M.

Books: Required:

Labor Law - Collective Bargaining in a Free Society by Heinsz, Nolan and Bales. 6th ed. West, Casebook Series. ISBN: 978-0314177728.

Assignment: Pages 2-30.

Details:

Lawyers & Ethics ( - 530C) - O'Regan, D.

Books: No textbook required.

Assignment: You need not do any research for this assignment. This assignment has 11 pages.
1. Reread What Every Law Student Really Needs to Know pp. 120-21 & 166-74.
2. Understand and know the definitions of natural and positive law. Definitions are provided on page 170 of What Every Law Student Really Needs to Know and below.
3. Read the excerpts from Sophocles' Antigone below. The complete play is available at http://thelearninglog.weebly.com/uploads/1/0/8/8/10882813/antigone_fitzgerald_version_pdf.pdf
You need not read the entire play or to do any outside research on Antigone. You must read the excerpts carefully.
4. Read the article about the juror in the Zimmerman trial available below.
5. Be prepared to discuss and write in class about positive law and natural law (also known as man-made law and higher law) as exemplified in the Antigone and the article about the Zimmerman trial.
6. Print and bring this entire assignment to class so you can refer to it.
NOTE: Although you may have opinions about whether Antigone, Zimmerman, Creon, or Maddy were right or wrong, this assignment is mostly about how the ideas of man-made/positive law and natural/divine law work in arguments about the morality and legality of people’s actions and the results of those arguments for the law itself, the legal profession, attorneys, citizens, and/or society. Please tie your ideas to specific words, phrases, and sentences in the assignment.
This assignment is also on our TWEN site for Lawyers and Ethics section 1.  

Definitions for Natural Law & Positive Law
Put very simply, natural law theorists assert that law derives from a higher order, imposed by God or nature and adducible by reason; law exists independently of states and sovereigns, and law is inseparable from morality. A state may articulate a rule and use its coercive power to enforce that rule, but the rule is not genuinely law unless it conforms with some standard of what is right, moral, or just. In contrast to natural law, legal positivism views law as a purely social construct and asserts that the law is what the sovereign declares it to be; the question of whether a law is good or right is distinct from the question of whether it is, in fact, a law. Cite: Wendy Watson, Jurisprudence in 4 INTERNATIONAL ENCYCLOPEDIA OF THE SOCIAL SCIENCES, 231, 232 (William A. Darity, Jr. ed., 2d ed. 2008).

“Essentially, the natural law theorists do not accept the law posited by man as the true law. They point to something other than the positive law as the true law and ascribe to it a superior status over the positive law.” Cite: Surya Prakash Sinha, JURISPRUDENCE: LEGAL PHILOSOPHY IN A NUTSHELL 84 (1993).

Natural Law: The unwritten body of universal moral principles that underlie the ethical and legal norms by which human conduct is sometimes evaluated and governed. Natural law is often contrasted with positive law, which consists of the written rules and regulations enacted by government. Cite: Natural Law in 7 WEST’S ENCYCLOPEDIA OF AMERICAN LAW, 205 (2d ed. 2005).

Natural Law: A philosophical system of legal and moral principles purportedly deriving from a universalized conception of human nature or divine justice rather than from legislative or judicial action; moral law embodied in principles of right and wrong many ethical teachings are based on natural law. Cite: BLACK’S LAW DICTIONARY 1127 (9th ed. 2009).

Positive Law: Those laws that have been duly enacted by a properly instituted and popularly recognized branch of the government. Cite: Positive Law in 8 WEST’S ENCYCLOPEDIA OF AMERICAN LAW, 36 (2d ed. 2005).

Positive Law: A system of law promulgated and implemented within a particular political community by political superiors, as distinct from moral law or law existing in an ideal community or in some nonpolitical community. Positive law typically consists of enacted law — the codes, statutes, and regulations that are applied and enforced in the courts. Cite: BLACK’S LAW DICTIONARY 1280 (9th ed. 2009).




Brief synopsis and excerpts from Sophocles’ Antigone translated by Dudley Fitts and Robert Fitzgerald.

The complete play is available at http://thelearninglog.weebly.com/uploads/1/0/8/8/10882813/antigone_fitzgerald_version_pdf.pdf
In general, the text is good, but there are some errors and typos.

[Background: Antigone and her brothers Polyneices and Eteocles are children of Oedipus, former king of the Greek state of Thebes. In a civil war over the kingship of Thebes, Polyneices attacks Thebes; Eteocles defends it. Polyneices and Eteocles kill each other in the final battle. At their death, Creon becomes the new king.

The day after the battle, Creon decrees that Eteocles will be buried with honor, but, under penalty of death, Polyneices is to be left unburied. Antigone buries her brother Polyneices anyway and is caught. Creon is the uncle of Antigone; Antigone is also the fiancée of Creon’s son, Haimon. Burial is a religious rite that frees the soul from this earth. After she is captured, Creon and Antigone debate what she has done. Then, Creon and Haimon debate what Creon should do.]

Below are the debates between Creon and Antigone and then Creon and Haimon about Antigone’s action and the validity of law(s) and different definitions of “law,” among other issues.

CREON And you, Antigone, 350
You with your head hanging––do you confess this thing [burial of Polyneices]?

ANTIGONE:
I do. I deny nothing.

CREON:
. . .
Tell me, tell me briefly:
Had you heard my proclamation touching this matter?

ANTIGONE:
It was public. Could I help hearing it?
355
CREON:
And yet you dared defy the law.

ANTIGONE:
I dared.

It was not God’s proclamation. That final Justice
That rules the world below makes no such laws.

Your edict, King, was strong,
But all your strength is weakness itself against
360
The immortal unrecorded laws of God.
They are not merely now: they were, and shall be,
Operative forever, beyond man utterly.

I knew I must die, even without your decree:
I am only mortal. And if I must die 365
Now, before it is my time to die, surely this is no
hardship.
Can anyone living, as I live, with evil all about me,
Think death less than a friend? This death of mine
Is of no importance; but if I had left my brother 370
Lying in death unburied, I should have suffered. Now I do not.

You smile at me. Ah Creon, Think me a fool, if you like; but it may well be that a fool convicts me of folly.

CHORUS LEADER OF THEBAN OLD MEN:
Like father [Oedipus], like daughter: both headstrong, deaf to reason! 375
She has never learned to yield.

CREON:
She has much to learn. The inflexible heart breaks first, the toughest iron
Cracks first, and the wildest horses bend their necks at the pull of the smallest curb.

Pride? In a slave?
This girl is guilty of a double insolence, 380
Breaking the given laws and boasting of it. Who is the man here,
She or I, if this crime goes unpunished?

. . .

ANTIGONE:
Creon, what more do you want than my death?

CREON:
Nothing. That gives me everything.

ANTIGONE:
Then I beg you: kill me.
This talking is a great weariness: your words 395
Are distasteful to me, and I am sure that mine
Seem so to you. And yet they should not seem so:
I should have praise and honor for what I have done. All these men here would praise me
Were their lips not frozen shut with fear of you. 400
[Bitterly.]
Ah the good fortune of kings,
Licensed to say and do whatever they please!

CREON:
You are alone here in that opinion.

ANTIGONE:
No, they are with me. But they keep their tongues in leash.

CREON:
Maybe. But you are guilty, and they are not. 405

ANTIGONE:
There is no guilt in reverence for the dead.

CREON:
But Eteocles––was he not your brother too?

ANTIGONE:
My brother too.

CREON:
And you insult his memory?

ANTIGONE:
The dead man would not say that I insult it.

CREON:
He would: for you honor a traitor as much as him. 410

ANTIGONE:
His own brother, traitor or not, and equal in blood.

CREON:
He made war on his country. Eteocles defended it.

ANTIGONE:
Nevertheless, there are honors due all the dead.

CREON:
But not the same for the wicked as for the just.

ANTIGONE:
Ah Creon, Creon,
415
Which of us can say what the gods hold wicked?

CREON:
An enemy is an enemy, even dead.

ANTIGONE:
It is my nature to join in love, not hate.

CREON:
Go join them, then; if you must have your love,
Find it in hell!



CREON [speaking with his son, Haimon, Antigone’s fiancé]:
Of all the people in this city, only she
Has had contempt for my law and broken it.

Do you want me to show myself weak before the people? Or to break my sworn word? No, and I will not.
The woman dies. 520
I suppose she’ll plead “family ties.” Well, let her. If I permit my own family to rebel,
How shall I earn the world’s obedience?
Show me the man who keeps his house in hand, He’s fit for public authority.

I’ll have no dealings 525
With law-breakers, critics of the government:
Whoever is chosen to govern should be obeyed–– Must be obeyed, in all things, great and small,
Just and unjust! O Haimon,
The man who knows how to obey, and that man only,
530
Knows how to give commands when the time comes. You can depend on him, no matter how fast
The spears come: he’s a good soldier, he’ll stick it out.

Anarchy, anarchy! Show me a greater evil!
This is why cities tumble and the great houses rain down,
535
This is what scatters armies!
No, no: good lives are made so by discipline. We keep the laws then, and the lawmakers,
And no woman shall seduce us. If we must lose,
Let’s lose to a man, at least! Is a woman stronger than we?
540
CHORUS LEADER:
Unless time has rusted my wits,
What you say, King, is said with point and dignity.

HAIMON:
Father,
Reason is God’s crowing gift to man, and you are right
To warn me against losing mine. I cannot say––
I hope that I shall never want to say! ––that you 545
Have reasoned badly. Yet there are other men
Who can reason, too; and their opinions might be helpful. You are not in a position to know everything
That people say or do, or what they feel:
Your temper terrifies them––everyone 550
Will tell you only what you like to hear.
But I, at any rate, can listen; and I have heard them
Muttering and whispering in the dark about this girl. They say no woman has ever, so unreasonably,
Died so shameful a death for a generous act: 555
“She covered her brother’s body. Is this indecent?
She kept him from dogs and vultures. Is this a crime?
Death? ––She should have all the honor that we can give her!”
This is the way they talk out there in the city.
You must believe me: 560
Nothing is closer to me than your happiness. What could be closer? Must not any son
Value his father’s fortune as his father does his? I beg you, do not be unchangeable:
Do not believe that you alone can be right. 565
The man who thinks that,
The man who maintains that only he has the power
To reason correctly, the gift to speak, to soul––
A man like that, when you know him, turns out empty.

It is not reason never to yield to reason! 570

In flood time you can see how some trees bend,
And because they bend, even their twigs are safe,
While stubborn trees are torn up, roots and all. And the same thing happens in sailing:
Make your sheet fast, never slacken,––and over you go, 575
Head over heels and under: and there’s your voyage. Forget you are angry! Let yourself be moved!
I know I am young; but please let me say this: The ideal condition
Would be, I admit, that men should be right by instinct; 580
But since we are all too likely to go astray,
The reasonable thing is to learn from those who can teach.

CHORUS LEADER:
You will do well to listen to him, King,
If what he says is sensible. And you, Haimon,
Must listen to your father. ––Both speak well. 585

CREON:
You consider it right for a man of my years and experience
To go to school to a boy?

HAIMON:
It is not right

If I am wrong. But if I am young, and right, What does my age matter?

CREON:
You think it right to stand up for an anarchist? 590

HAIMON:
Not at all. I pay no respect to criminals.

CREON:
Then she is not a criminal?

HAIMON:
The City would deny it, to a man.

CREON:
And the City proposes to teach me how to rule?

HAIMON:
Ah. Who is it that’s talking like a boy now? 595

CREON:
My voice is the one voice giving orders in this City!

HAIMON:
It is no City if it takes orders from one voice.

CREON:
The State is the King!

HAIMON:
Yes, if the State is a desert.


CREON:
This boy, it seems, has sold out to a woman.


HAIMON:
If you are a woman: my concern is only for you. 600

CREON:
So? Your “concern”! In a public brawl with your father!

HAIMON:
How about you, in a public brawl with justice?

CREON:
With justice, when all that I do is within my rights?

HAIMON:
You have no right to trample on God’s right.

[Synopsis of remainder of the play: Haimon leaves, vowing never to see Creon again. Creon orders Antigone to be buried alive in a cave. After dire warnings from a prophet, Creon listens to the Chorus, who advise him to free Antigone and bury Polyneices. Creon agrees, but discovers that Haimon has already gone to the cave. There, Antigone and Haimon kill themselves. Upon learning this, Creon’s wife, who is Haimon's mother, also commits suicide.]


By ALYSSA NEWCOMB (@alyssanewcomb)
July 26, 2013
Trayvon Martin's mother said a juror's comment that George Zimmerman "got away with murder" was "devastating" to hear, but Zimmerman's lawyer said today that the woman's comments showed her to be a "model juror."
Both sides were reacting to what juror B29, who only gave her first name of Maddy, told ABC News' Robin Roberts in an exclusive interview Thursday. She told Roberts that she believed Zimmerman was guilty, but that the jury couldn't convict him under the law.
"It is devastating for my family to hear the comments from juror B29, comments which we already knew in our hearts to be true, that George Zimmerman literally got away with murder," Sybrina Fulton, Martin's mother, said in a statement released through The Trayvon Martin Foundation. "This new information challenges our nation once again to do everything we can to make sure that this never happens to another child."
"That's why Tracy [Martin] and I have launched The Trayvon Martin Foundation to try and take something very painful and negative and turn it into something positive as a legacy to our son," Fulton added.
At the National Urban League's annual conference today in Philadelphia, Fulton asked people to "wrap your mind around what has happened."
"No prom for Trayvon. No high school graduation for Trayvon. No college for Trayvon. No grandkids coming from Trayvon," she said. "All because of a law, a law that has prevented the person who shot and killed my son to be held accountable and to pay for this awful crime."
Zimmerman's lawyer, Mark O'Mara, however, cited the juror's comments as the words of a "model juror."
Based on her comments, Juror B-29 accepted a tremendous burden, set her feelings aside, and cast a verdict based the evidence presented in court and on the law she was provided," O'Mara wrote on his blog that was headlined "A Model Juror."
"Any juror that follows Juror B-29's process will deliver a fair and just verdict," he said.
The latest furor over Martin's 2012 killing by Zimmerman came a day after Maddy told ABC News that she believes she owes Martin's parents an apology because she feels "like I let them down."
"It's hard for me to sleep, it's hard for me to eat because I feel I was forcefully included in Trayvon Martin's death. And as I carry him on my back, I'm hurting as much [as] Trayvon Martin's mother because there's no way that any mother should feel that pain," said Maddy.
Zimmerman was acquitted earlier this month of second-degree murder and manslaughter charges in the slaying of the unarmed teen. The case spawned heated national debates about racial profiling and the so-called Stand Your Ground self-defense laws in Florida and other states.
Maddy, a nursing assistant and mother of eight children, was the only minority member of the all-female panel. Maddy said she favored convicting Zimmerman of second-degree murder when deliberations began.
"I was the juror that was going to give them the hung jury. I fought to the end," she said.
Her feelings were eventually swayed during the second day of deliberations after she realized there wasn't enough proof to convict Zimmerman of murder or manslaughter under Florida law.
"You can't put the man in jail even though in our hearts we felt he was guilty," Maddy said. "But we had to grab our hearts and put it aside and look at the evidence."
But her feelings about Zimmerman's actions are clear.
"George Zimmerman got away with murder, but you can't get away from God. And at the end of the day, he's going to have a lot of questions and answers he has to deal with," Maddy said. "[But] the law couldn't prove it."
Zimmerman concedes he shot and killed Martin in Sanford Feb. 26, 2012, but maintains he fired in self-defense.
"That's where I felt confused, where if a person kills someone, then you get charged for it," Maddy said. "But as the law was read to me, if you have no proof that he killed him intentionally, you can't say he's guilty."
Maddy, who only recently moved to Florida from Chicago, said she has had trouble adjusting to life after the verdict, and has wrestled with whether she made the right decision.
"I felt like I let a lot of people down, and I'm thinking to myself, 'Did I go the right way? Did I go the wrong way?'" she said.
ABC News' Anthony Castellano contributed to this report
http://abcnews.go.com/US/george-zimmermans-attorney-juror-b29-model-juror/story?id=19778743 (visited August 6, 2013)





Details:

Lawyers & Ethics ( - 530C) - Fletcher, M.

Books: Revised 6/30/2014

Required:
The Round House by Louise Erdrich, Harper 2012. ISBN: 978-0062065247.

Assignment: Please read and review these materials, which constitute last year’s final exam in the same class. The assignment includes carefully reading Shirley Jackson’s short story “The Lottery” and skimming the other materials. I will provide a writing assignment for you to complete on the first day of class.

FLETCHER LAWYERS & ETHICS FINAL EXAM
Instructions:
Answer the questions below in essay form. You may draw upon any and all of the materials assigned in this class. You may draw upon THE COMMON LAW of this class. The question is based on Shirley Jackson’s The Lottery. You have 1 hour and 15 minutes.

Question:
You are an attorney hired by the family of Tessie Hutchinson to bring a suit for wrongful death and a large sum of money damages – Estate of Hutchinson v. Summers. Ignore the merits of the wrongful death action for now. You anticipate that there will be two lines of attack on your claims. The first is that the death of Tessie Hutchinson was justified. The second is that you are in violation of the rules of professional responsibility and should be disbarred, effectively ending the suit as no other attorney will take the case. Identify the specific arguments in each line of attack against your suit and address them as best as you can.

Lawyers & Ethics 2013 Common Law

• The purpose of the ethical code is to prevent conduct that would harm the reputation of the legal profession and reinforce the principles and commitments made when one becomes an attorney.
• The purpose of lawyer discipline proceedings is to protect the public and the
administration of justice from lawyers who are unlikely to discharge their professional duties to clients, the public, the legal system, and the legal profession.
• A judge shall participate in establishing, maintaining, and enforcing high standards of conduct, and shall personally observe these standards so that the integrity and independence of the judiciary will be preserved.
• If a client chooses to relinquish any information about the attorney, then the attorney-client privilege is void and any information disclosed is admissible to the court. The purpose of this rule is to safeguard against corrupt attorneys. If clients were not allowed to testify about their attorney’s activities, then attorneys would have no incentive to represent their clients to the fullest.
• The legal profession would be better served if the rule stated that an attorney-client privilege should not be broken unless the client is acting in good conscience when he or she discloses information. In other words, the client should be acting honestly and have just intentions.
• Disbarment should be reserved for those individuals who have proven their services are a detriment to the justice system.
• A lawyer should not engage, or counsel a client to engage, or assist a client, in conduct the lawyer knows is criminal or fraudulent or which misleads the court.
• Attorneys are required to adhere to a higher professional standard and present themselves as respected officers of the court.
• A lawyer employed or retained to represent an organization represents the organization as distinct from its directors, officers, employees, members, shareholders, or other constituents.
• A lawyer shall treat with courtesy and respect all persons involved in the legal process.
• A lawyer shall not represent a client if the representation of the client may be materially limited by the lawyer’s responsibilities to another client or to a third person, or by the lawyer’s own interests.
• A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis for doing so that is not frivolous.
• A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicative officer, or public legal officer.
• A lawyer must make good faith arguments that will advance the cause of justice. A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous.
• It is unprofessional for a lawyer to violate or attempt to violate the rules of professional conduct, commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, engage in conduct including dishonesty, fraud, deceit, or misrepresentation, and state or imply an ability to influence improperly a governmental agency or official or to achieve results by means that violate the rules of professional conduct or other law.
• Lawyers are to be held at a higher standard than the ordinary reasonable person. They should be held to the standard of a prudent and reasonable attorney cognizant of his or her role in maintaining the administration of justice.
• A lawyer shall not use means that have no purpose other than to embarrass, delay, or burden a third person.
• Lawyers engaged in abuse of the legal process, lack of candor to the tribunal, or bad faith shall be subject to monetary sanctions. The following shall be considered in determining money sanctions: prior levied sanctions relating to claim, circumstances prompting sanctions, violators’ offense history, and egregiousness of offense.

Additional reading at:
http://turtletalk.wordpress.com/matthew-lm-fletcher/fletcher-class-materials/lawyers-and-ethics-fall-2014-sections-2-and-3/




Details:

Lawyers & Ethics ( - 530C) - Fletcher, M.

Books: REVISED: 6/30/14

Required text:
The Round House by Louise Erdich. Harper, 2012. ISBN: 978-0062065247.

Assignment: Please read and review these materials, which constitute last year’s final exam in the same class. The assignment includes carefully reading Shirley Jackson’s short story “The Lottery” and skimming the other materials. I will provide a writing assignment for you to complete on the first day of class.

FLETCHER LAWYERS & ETHICS FINAL EXAM
Instructions:
Answer the questions below in essay form. You may draw upon any and all of the materials assigned in this class. You may draw upon THE COMMON LAW of this class. The question is based on Shirley Jackson’s The Lottery. You have 1 hour and 15 minutes.

Question:
You are an attorney hired by the family of Tessie Hutchinson to bring a suit for wrongful death and a large sum of money damages – Estate of Hutchinson v. Summers. Ignore the merits of the wrongful death action for now. You anticipate that there will be two lines of attack on your claims. The first is that the death of Tessie Hutchinson was justified. The second is that you are in violation of the rules of professional responsibility and should be disbarred, effectively ending the suit as no other attorney will take the case. Identify the specific arguments in each line of attack against your suit and address them as best as you can.

Lawyers & Ethics 2013 Common Law

• The purpose of the ethical code is to prevent conduct that would harm the reputation of the legal profession and reinforce the principles and commitments made when one becomes an attorney.
• The purpose of lawyer discipline proceedings is to protect the public and the
administration of justice from lawyers who are unlikely to discharge their professional duties to clients, the public, the legal system, and the legal profession.
• A judge shall participate in establishing, maintaining, and enforcing high standards of conduct, and shall personally observe these standards so that the integrity and independence of the judiciary will be preserved.
• If a client chooses to relinquish any information about the attorney, then the attorney-client privilege is void and any information disclosed is admissible to the court. The purpose of this rule is to safeguard against corrupt attorneys. If clients were not allowed to testify about their attorney’s activities, then attorneys would have no incentive to represent their clients to the fullest.
• The legal profession would be better served if the rule stated that an attorney-client privilege should not be broken unless the client is acting in good conscience when he or she discloses information. In other words, the client should be acting honestly and have just intentions.
• Disbarment should be reserved for those individuals who have proven their services are a detriment to the justice system.
• A lawyer should not engage, or counsel a client to engage, or assist a client, in conduct the lawyer knows is criminal or fraudulent or which misleads the court.
• Attorneys are required to adhere to a higher professional standard and present themselves as respected officers of the court.
• A lawyer employed or retained to represent an organization represents the organization as distinct from its directors, officers, employees, members, shareholders, or other constituents.
• A lawyer shall treat with courtesy and respect all persons involved in the legal process.
• A lawyer shall not represent a client if the representation of the client may be materially limited by the lawyer’s responsibilities to another client or to a third person, or by the lawyer’s own interests.
• A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis for doing so that is not frivolous.
• A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicative officer, or public legal officer.
• A lawyer must make good faith arguments that will advance the cause of justice. A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous.
• It is unprofessional for a lawyer to violate or attempt to violate the rules of professional conduct, commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, engage in conduct including dishonesty, fraud, deceit, or misrepresentation, and state or imply an ability to influence improperly a governmental agency or official or to achieve results by means that violate the rules of professional conduct or other law.
• Lawyers are to be held at a higher standard than the ordinary reasonable person. They should be held to the standard of a prudent and reasonable attorney cognizant of his or her role in maintaining the administration of justice.
• A lawyer shall not use means that have no purpose other than to embarrass, delay, or burden a third person.
• Lawyers engaged in abuse of the legal process, lack of candor to the tribunal, or bad faith shall be subject to monetary sanctions. The following shall be considered in determining money sanctions: prior levied sanctions relating to claim, circumstances prompting sanctions, violators’ offense history, and egregiousness of offense.

Additional reading at:
http://turtletalk.wordpress.com/matthew-lm-fletcher/fletcher-class-materials/lawyers-and-ethics-fall-2014-sections-2-and-3/



Details:

Legal English I for Foreign Lawyers ( - 804A) - Celeste/Francis

Books: A coursepack will be available at the Spartan Bookstore.

Assignment:

Details:

Legislation ( - 579P) - Staszewski, G.

Books: Required: Revised 7/15/2014

Cases and Materials on Statutory Interpretation by Eskridge, Jr., Philip Frickey and Elizabeth Garret. West, 2012. ISBN: 978-0314278180.

Assignment: Please read pages 1-24 of the casebook.

Details:

Legislative Drafting ( - 579M) - Gulliver, G.

Books: Required:

Drafting Legal Documents: Principles and Practices by Child. 2nd ed. American Casebook, West. ISBN: 978-0314003256.

Assignment: Reading for 8/26/14:

Child, 1-5, 175-179, 315-322, Dombrowski v. Swiftships, Inc., 864 F. Supp. 1242, 1248 (S.D. Fla.1994)

Details:

Licensing Intellectual Property ( - 533F) - Kimble, K.

Books: 1. Drafting Patent License Agreements with Brunsvold, O'Reilley and Kacedon, Bloomberry BNA, 2012. ISBN: 978-1617461217.

2. Do's and Taboos Around the World by Roger Axtel. John Wiley and Sons, 3rd ed. ISBN: 047159528-4.

Recommended:

1. Getting to Yes: Negotiating Agreement Without Giving in by Fisher and Ury. 2nd edition or newer. ISBN: 978-1101539545.




Assignment: Scan over Do's and Taboos.

Details: This course is focused on some of the unique aspects of licensing intellectual property, specifically patents and know-how and some trademark aspects, where one party is a US entity and at least one other party is not. The course also is focused on practical issues that result from common errors and how to minimize their effect. The course requires writing skills with:
1) In class exercises and participation (40%) total of 4 homework assignments; and
2) The exam (60%) as a license agreement to be written based on the principles taught and the issues provided. Take home exam.

Prerequisite course is the basic contract course 101. Helpful to know about patents but what is needed will be provided. If you do not know Intellectual Property, if possible pair with someone who does. This course does not focus on general licensing agreements.

Objective: Understanding how to draft patent licensing agreements.


Matrimonial Practice ( - 541M) - Bank/Rifkin

Books: No textbook is required.

Assignment: No first assignment.

Details:

Mediation Advocacy and Civil Facilitative Mediator Training ( - 587E) - Pappas, B.

Books: Required:

Difficult Conversations: How to Discuss what Matters Most by Stone, Douglas, Patton and Heen. Penguin Books, 2000. Any edition.

Assignment:

Details:

Mediation Advocacy and Domestic Relations Mediator Training ( - 587F) - Pappas, B.

Books: No textbook required.

Assignment:

Details:

Michigan Civil Procedure ( - 593A) - Lauderbach, J.

Books: No textbook required. All materials will be on line.

Assignment: Const. 1963, Art.Vl, sec. 15, MCL 600.605, 600.841, 600.8301.

Details:

Moot Court Board ( - 627C) - Copland, J.

Books: No textbook required.

Assignment:

Details:

Moot Court Competition (Class) ( - 627A) - Zimbelman-Copland-Dobronski

Books: No textbook required.

Assignment: Sign-up for the Class TWEN page. Read the Syllabus, Class Rules, and the Problem (Record on Appeal). Please complete the Student Profile found on TWEN and brief the decisions of the Eastern District of Sparta and the 14th Circuit Court of
Appeals, according to the information found in the Class Rules. Bring the completed profile and briefs to the first class.


Details:

Negotiation ( - 591C) - Raheem, A.

Books: Required:

Effective Legal Negotiation and Settlement by Charles Craver. 7th ed. LexisNexis. ISBN: 978-0769848983.

Assignment:

Details:

Negotiation ( - 591C) - Dodge, M.

Books: Required:

Getting to Yes by Fisher and Ury. Any edition will work.

Assignment: No first assignment.

Details:

Negotiation Advocacy ( - 591F) - Pappas, B.

Books: The professor will have a variety of selections.

Assignment:

Details:

Negotiation for Foreign Educated Lawyers ( - 805A) - Hartfield, E.

Books: Required:

1. Getting to Yes by Fisher & Ury, Bantam Books, 2nd ed. ISBN: 0140157352.
2. Getting Past No by Ury, Bantam Books, Revised. ISBN: 0553371312.

Assignment: CLASS 1 – August 29, 2014
Welcome, Introductions, Overview of Course & Syllabus
Topics for Class Discussion
Self-Introductions
Where are you from?
What kinds of negotiation and/or dispute resolution experience have you had?
What is your primary reason for taking this course?
What subject are you most interested in?
Classmate Introductions: Each student will interview a classmate with the same questions above and then present the information that they have learned to the rest of the class.
The Communication Paradox
What are Best Practices in Communication Skills? (What makes you feel that a communication experience with someone is successful or satisfying?
What happens when to make them not satisfying?
What are some special considerations about communication in your culture and language that you would like the class to know?
Overview of ADR Processes
Arbitration
Mediation
Conciliation
Negotiation
Interest Based Negotiation

Readings: Fisher & Ury: Chapter 1



Details:

Patent Application Preparation ( - 533J) - English, T.

Books: I will not require a textbook for my class PATENT APPLICATION PREPARATION. Instead, we will use the Manual of Patent Examining Procedure (MPEP) which can be accessed at:

http://www.uspto.gov/web/offices/pac/mpep/index.html




Assignment: The first assignment is reading MPEP 608.01 including parts 608.01(a) through 608.01(p) (27 pages).


Details: Course Description – PATENT APPLICATION PREPARATION provides a structure and methodology for preparing a patent application suitable for filing in patent offices throughout the world. The course covers: 1) application drafting to meet the requirements of Sections 102, 103 and 112 of Title 35, USC; 2) procedures in drafting the application to avoid issues often raised in litigated patents; 3) steps to be taken before actually drafting the application including inventor interviews and prior art searching; and 4) actual drafting of a patent application.

Patent Law ( - 533K) - Carter-Johnson, J.

Books: Required:

The Law of Patents by Craig Allen Nard. 3rd ed. Aspen. ISBN: 978-1454831501.

Assignment: Please sign up on the TWEN site for this course. The first assignment and syllabus will be posted there.

Details:

Plea and Sentencing Clinic I ( - 630P) - Dagher-Margosian, J.

Books: Required: UPDATED EDITIONS: 9/12/14

1. Michigan Sentencing Guidelines Manual. 2014 Thomson West. ISBN: 978-0314666055.
2. Michigan Criminal Law and Rules. 2014 Thomson West. ISBN: 978-0314666024.

Assignment:

Details:

Plea and Sentencing Clinic II ( - 630Q) - Dagher-Margosian, J.

Books: Required:

1. Michigan Sentencing Guidelines Manual. 2011 Thomson West. ISBN: 978-0314650610.
2. Michigan Criminal Law and Rules. 2012 Thomson West. ISBN: 978-0314975393.

Assignment:

Details:

Problem-solving Approaches to Conflict Resolution ( - 505C) - Roumell, G.

Books: Required:

1. Dispute Resolution and Lawyers by Leonard Riskin, et.al. 5th ed. West. ISBN: 978-0314285898. Updated edition 6/16/14.

Assignment:

Details:

Products Liability ( - 522) - Wittner, N.

Books: Required:

Restatement of Torts, Third, Product Liability by American Law Institute. ISBN: 978-031423194-3.

Please sign up on the TWEN site for this class. All other information will be available there.


Assignment:

Details:

Professional Responsibility ( - 500Q) - Knake, R.

Books: Required:

1. Professional Responsibility: A Contemporary Approach by Pearce, Capra, Green, Knake & Terry. 2nd ed. ISBN: 978-0314287816.
2. ABA Rules 2014. ISBN: 978-1627225717.
http://shop.americanbar.org/eBus/
default.aspx?TabID=251&product ID=213365.


Assignment: Read pp. 1-40 in the Pearce, Capra, Green, Knake & Terry casebook.

Revised 8/5/14

Details:

Professional Responsibility ( - 500Q) - Bullington, C.

Books: Required:
1. Problems in Legal Ethics by Schwartz, Wydick, Perschbacher & Basset. 10th ed. West. ISBN: 978-0314280497.

2. Selected Standards on Professional Responsibility by Morgan & Rotunda, 2014 Foundation Press. ISBN: 978-1609301668.

Assignment: • Read Chapter One of Schwartz, Wydick,
• Read the Preamble to the ABA Model Rules, and Rule 1.0


Details:

Professional Responsibility ( - 500Q) - Brown, T.

Books: Required: Revised 7.22.2014

1. Ethical Problems in the Practice of Law by Lerman & Schrag, 3rd ed. Aspen. ISBN: 978-1454803010.
2. Professional Responsibility: Standards, Rules & Statues. 2014-2015 by John Dzienkowski. ISBN: 9781628100471.

Assignment: Text: Foreword, Preface, and pp.1-38, 45-59

Supp: Introduction; Model Rules: Preamble and Scope note, Rule 8.1; Restatement: §§ 1& 2

And, the attached article:

Richard Wasserstrom*
Lawyers as Professionals: Some Moral Issues
5 Human Rights 1 (Fall 1975)
In this paper I examine two moral criticisms of lawyers which, if well-founded, are fundamental. Neither is new but each appears to apply with particular force today. Both tend to be made by those not in the mainstream of the legal profession and to be rejected by those who are in it. Both in some sense concern the lawyer-client relationship.
The first criticism centers around the lawyer’s stance toward the world at large. The accusation is that the lawyer-client relationship renders the lawyer at best systematically amoral and at worst more than occasionally immoral in his or her dealings with the rest of mankind.
The second criticism focuses upon the relationship between the lawyer and the client. Here the charge is that it is the lawyer-client relationship which is morally objectionable because it is a relationship in which the lawyer dominates and in which the lawyer typically, and perhaps inevitably, treats the client in both an impersonal and a paternalistic fashion.
To a considerable degree these two criticisms of lawyers derive, I believe, from the fact that the lawyer is a professional. And to the extent to which this is the case, the more generic problems I will be exploring are those of professionalism generally. But in some respects, the lawyer’s situation is different from that of other professionals. The lawyer is vulnerable to some moral criticism that does not as readily or as easily attach to any other professional. And this, too, is an issue that I shall be examining.1
Although I am undecided about the ultimate merits of either criticism, I am convinced that each is deserving of careful articulation and assessment, and that each contains insights that deserve more acknowledgment than they often receive. My ambition is, therefore, more to
* Professor of Law and Professor of Philosophy, University of California School of Law, Los Angeles. [Now Professor of Philosophy Emeritus, University of California, Santa Cruz.—Eds.]
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exhibit the relevant considerations and to stimulate additional reflection, than it is to provide any very definite conclusions.
I
As I have indicated, the first issue I propose to examine concerns the ways the professional-client relationship affects the professional’s stance toward the world at large. The primary question that is presented is whether there is adequate justification for the kind of moral universe that comes to be inhabited by the lawyer as he or she goes through professional life. For at best the lawyer’s world is a simplified moral world; often it is an amoral one; and more than occasionally, perhaps, an overtly immoral one.
To many persons, Watergate was simply a recent and dramatic illustration of this fact. When John Dean testified before the Select Senate Committee inquiring into the Watergate affair in the Spring of 1973, he was asked about one of the documents that he had provided to the Committee. The document was a piece of paper which contained a list of a number of the persons who had been involved in the cover-up. Next to a number of the names an asterisk appeared. What, Dean was asked, was the meaning of the asterisk? Did it signify membership in some further conspiracy? Did it mark off those who were decision-makers from those who were not? There did not seem to be any obvious pattern: Ehrlichman was starred, but Haldeman was not; Mitchell was starred, but Magruder was not. Oh, Dean answered, the asterisk really didn’t mean anything. One day when he had been looking at the list of participants, he had been struck by the fact that so many of them were lawyers. So, he marked the name of each lawyer with an asterisk to see just how many there were. He had wondered, he told the Committee, when he saw that so many were attorneys, whether that had had anything to do with it; whether there was some reason why lawyers might have been more inclined than other persons to have been so willing to do the things that were done in respect to Watergate and the cover-up. But he had not pursued the matter; he had merely mused about it one afternoon.
It is, I think, at least a plausible hypothesis that the predominance of lawyers was not accidental—that the fact that they were lawyers made it easier rather than harder for them both to look at things the way they did and to do the things that were done. The theory that I want to examine in support of this hypothesis connects this activity with a feature of the lawyer’s professionalism.
As I have already noted, one central feature of the professions in general and of law in particular is that there is a special, complicated relationship between the professional and the client or patient. For each of the parties in this relationship, but especially for the professional, the behavior that is involved is, to a very significant degree, what I call role-differentiated behavior. And this is significant because it is the nature of role-differentiated behavior that it often makes it both appropriate and desirable for the person in a particular role to put to one side considerations of various sorts—and especially various moral considerations—that would otherwise be relevant if not decisive. Some illustrations will help to make clear what I mean by role-differentiated behavior and by the way role-differentiated behavior often alters, if not eliminates, the significance of those moral considerations that would obtain, were it not for the presence of the role.
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Being a parent is, in probably every human culture, to be involved in role-differentiated behavior. In our own culture, and once again in most, if not all, human cultures, as a parent one is entitled, if not obligated, to prefer the interests of one’s own children over those of children generally. That is to say, it is regarded as appropriate for a parent to allocate excessive goods to his or her own children, even though other children may have substantially more pressing and genuine needs for these same items. If one were trying to decide what the right way was to distribute assets among a group of children all of whom were strangers to oneself, the relevant moral considerations would be very different from those that would be thought to obtain once one’s own children were in the picture. In the role of a parent, the claims of other children vis-à-vis one’s own are, if not rendered morally irrelevant, certainly rendered less morally significant. In short, the role-differentiated character of the situation alters the relevant moral point of view enormously.
A similar situation is presented by the case of the scientist. For a number of years, there has been debate and controversy within the scientific community over the question of whether scientists should participate in the development and elaboration of atomic theory, especially as those theoretical advances could then be translated into development of atomic weapons that would become a part of the arsenal of existing nation states. The dominant view, although it was not the unanimous one, in the scientific community was that the role of the scientist was to expand the limits of human knowledge. Atomic power was a force which had previously not been utilizable by human beings. The job of the scientist was, among other things, to develop ways and means by which that could now be done. And it was simply no part of one’s role as a scientist to forego inquiry, or divert one’s scientific explorations because of the fact that the fruits of the investigation could be or would be put to improper, immoral, or even catastrophic uses. The moral issues concerning whether and when to develop and use nuclear weapons were to be decided by others; by citizens and statesmen; they were not the concern of the scientist qua scientist.
In both of these cases it is, of course, conceivable that plausible and even thoroughly convincing arguments exist for the desirability of the role-differentiated behavior and its attendant neglect of what would otherwise be morally relevant considerations. Nonetheless, it is, I believe, also the case that the burden of proof, so to speak, is always upon the proponent of the desirability of this kind of role-differentiated behavior. For in the absence of special reasons why parents ought to prefer the interests of their children over those of children in general, the moral point of view surely requires that the claims and needs of all children receive equal consideration. But we take the rightness of parental preference so for granted that we often neglect, I think, the fact that it is anything but self-evidently morally appropriate. My own view, for example, is that careful reflection shows that the degree of parental preference systematically encouraged in our own culture is far too extensive to be morally justified.
All of this is significant just because to be a professional is to be enmeshed in role-differentiated behavior of precisely this sort. One’s role as a doctor, psychiatrist, or lawyer alters one’s moral universe in a fashion analogous to that described above. Of special significance here is the fact that the professional qua professional has a client or patient whose interests must be represented, attended to, or looked after by the professional. And that means that the role of the
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professional (like that of the parent) is to prefer in a variety of ways the interests of the client or patient over those of individuals generally.
Consider, more specifically, the role-differentiated behavior of the lawyer. Conventional wisdom has it that where the attorney-client relationship exists, the point of view of the attorney is properly different—and appreciably so—from that which would be appropriate in the absence of the attorney-client relationship. For where the attorney-client relationship exists, it is often appropriate and many times even obligatory for the attorney to do things that, all other things being equal, an ordinary person need not, and should not do. What is characteristic of this role of a lawyer is the lawyer’s required indifference to a wide variety of ends and consequences that in other contexts would be of undeniable moral significance. Once a lawyer represents a client, the lawyer has a duty to make his or her expertise fully available in the realization of the end sought by the client, irrespective, for the most part, of the moral worth to which the end will be put or the character of the client who seeks to utilize it. Provided that the end sought is not illegal, the lawyer is, in essence, an amoral technician whose particular skills and knowledge in respect to the law are available to those with whom the relationship of client is established. The question, as I have indicated, is whether this particular and pervasive feature of professionalism is itself justifiable. At a minimum, I do not think any of the typical, simple answers will suffice.
One such answer focuses upon and generalizes from the criminal defense lawyer. For what is probably the most familiar aspect of this role-differentiated character of the lawyer’s activity is that of the defense of a client charged with a crime. The received view within the profession (and to a lesser degree within the society at large) is that having once agreed to represent the client, the lawyer is under an obligation to do his or her best to defend that person at trial, irrespective, for instance, even of the lawyer’s belief in the client’s innocence. There are limits, of course, to what constitutes a defense: a lawyer cannot bribe or intimidate witnesses to increase the likelihood of securing an acquittal. And there are legitimate questions, in close cases, about how those limits are to be delineated. But, however these matters get resolved, it is at least clear that it is thought both appropriate and obligatory for the attorney to put on as vigorous and persuasive a defense of a client believed to be guilty as would have been mounted by the lawyer thoroughly convinced of the client’s innocence. I suspect that many persons find this an attractive and admirable feature of the life of a legal professional. I know that often I do. The justifications are varied and, as I shall argue below, probably convincing.
But part of the difficulty is that the irrelevance of the guilt or innocence of an accused client by no means exhausts the altered perspective of the lawyer’s conscience, even in criminal cases. For in the course of defending an accused, an attorney may have, as a part of his or her duty of representation, the obligation to invoke procedures and practices which are themselves morally objectionable and of which the lawyer in other contexts might thoroughly disapprove. And these situations, I think, are somewhat less comfortable to confront. For example, in California, the case law permits a defendant in a rape case to secure in some circumstances an order from the court requiring the complaining witness, that is the rape victim, to submit to a psychiatric examination before trial.1 For no other crime is such a pretrial remedy available. In
1 Ballard v. Superior Court, 64 Cal. 2d 159 (1966). [Such orders are now prohibited by California Penal Code §1112.—Eds.]
6
no other case can the victim of a crime be required to undergo psychiatric examination at the request of the defendant on the ground that the results of the examination may help the defendant prove that the offense did not take place. I think such a rule is wrong and is reflective of the sexist bias of the law in respect to rape. I certainly do not think it right that rape victims should be singled out by the law for this kind of special pretrial treatment, and I am skeptical about the morality of any involuntary psychiatric examination of witnesses. Nonetheless, it appears to be part of the role-differentiated obligation of a lawyer for a defendant charged with rape to seek to take advantage of this particular rule of law—irrespective of the independent moral view he or she may have of the rightness or wrongness of such a rule.
Nor, it is important to point out, is this peculiar, strikingly amoral behavior limited to the lawyer involved with the workings of the criminal law. Most clients come to lawyers to get the lawyers to help them do things that they could not easily do without the assistance provided by the lawyer’s special competence. They wish, for instance, to dispose of their property in a certain way at death. They wish to contract for the purchase or sale of a house or a business. They wish to set up a corporation which will manufacture and market a new product. They wish to minimize their income taxes. And so on. In each case, they need the assistance of the professional, the lawyer, for he or she alone has the special skill which will make it possible for the client to achieve the desired result.
And in each case, the role-differentiated character of the lawyer’s way of being tends to render irrelevant what would otherwise be morally relevant considerations. Suppose that a client desires to make a will disinheriting her children because they oppose the war in Vietnam. Should the lawyer refuse to draft the will because the lawyer thinks this is a bad reason to disinherit one’s children? Suppose a client can avoid the payment of taxes through a loophole only available to a few wealthy taxpayers. Should the lawyer refuse to tell the client of a loophole because the lawyer thinks it an unfair advantage for the rich? Suppose a client wants to start a corporation that will manufacture, distribute, and promote a harmful but not illegal substance, e.g., cigarettes. Should the lawyer refuse to prepare the articles of incorporation for the corporation? In each case, the accepted view within the profession is that these matters are just of no concern to the lawyer qua lawyer. The lawyer need not of course agree to represent the client (and that is equally true for the unpopular client accused of a heinous crime), but there is nothing wrong with representing a client whose aims and purposes are quite immoral. And having agreed to do so, the lawyer is required to provide the best possible assistance, without regard to his or her disapproval of the objective that is sought.
The lesson, on this view, is clear. The job of the lawyer, so the argument typically concludes, is not to approve or disapprove of the character of his or her client, the cause for which the client seeks the lawyer’s assistance, or the avenues provided by the law to achieve that which the client wants to accomplish. The lawyer’s task is, instead, to provide that competence which the client lacks and the lawyer, as professional, possesses. In this way, the lawyer as professional comes to inhabit a simplified universe which is strikingly amoral—which regards as morally irrelevant any number of factors which nonprofessional citizens might take to be important, if not decisive, in their everyday lives. And the difficulty I have with all of this is that the arguments for such a way of life seem to be not quite so convincing to me as they do to many lawyers. I am, that is, at best uncertain that it is a good thing for lawyers to be so professional—
7
for them to embrace so completely this role-differentiated way of approaching matters.
More specifically, if it is correct that this is the perspective of lawyers in particular and professionals in general, is it right that this should be their perspective? Is it right that the lawyer should be able so easily to put to one side otherwise difficult problems with the answer: but these are not and cannot be my concern as a lawyer? What do we gain and what do we lose from having a social universe in which there are professionals such as lawyers, who, as such, inhabit a universe of the sort I have been trying to describe?
One difficulty in even thinking about all of this is that lawyers may not be very objective or detached in their attempts to work the problem through. For one feature of this simplified, intellectual world is that it is often a very comfortable one to inhabit.
To be sure, on occasion, a lawyer may find it uncomfortable to represent an extremely unpopular client. On occasion, too, a lawyer may feel ill at ease invoking a rule of law or practice which he or she thinks to be an unfair or undesirable one. Nonetheless, for most lawyers, most of the time, pursuing the interests of one’s clients is an attractive and satisfying way to live in part just because the moral world of the lawyer is a simpler, less complicated, and less ambiguous world than the moral world of ordinary life. There is, I think, something quite seductive about being able to turn aside so many ostensibly difficult moral dilemmas and decisions with the reply: but that is not my concern; my job as a lawyer is not to judge the rights and wrongs of the client or the cause; it is to defend as best I can my client’s interests. For the ethical problems that can arise within this constricted point of view are, to say the least, typically neither momentous nor terribly vexing. Role-differentiated behavior is enticing and reassuring precisely because it does constrain and delimit an otherwise often intractable and confusing moral world.
But there is, of course, also an argument which seeks to demonstrate that it is good and not merely comfortable for lawyers to behave this way.
It is good, so the argument goes, that the lawyer’s behavior and concomitant point of view are role-differentiated because the lawyer qua lawyer participates in a complex institution which functions well only if the individuals adhere to their institutional roles.
For example, when there is a conflict between individuals, or between the state and an individual, there is a well-established institutional mechanism by which to get that dispute resolved. That mechanism is the trial in which each side is represented by a lawyer whose job it is both to present his or her client’s case in the most attractive, forceful light and to seek to expose the weaknesses and defects in the case of the opponents.
When an individual is charged with having committed a crime, the trial is the mechanism by which we determine in our society whether or not the person is in fact guilty. Just imagine what would happen if lawyers were to refuse, for instance, to represent persons whom they thought to be guilty. In a case where the guilt of a person seemed clear, it might turn out that some individuals would be deprived completely of the opportunity to have the system determine whether or not they are in fact guilty. The private judgment of individual lawyers would in effect
8
be substituted for the public, institutional judgment of the judge and jury. The amorality of lawyers helps to guarantee that every criminal defendant will have his or her day in court.
In addition, of course, appearances can be deceiving. Persons who appear before trial to be clearly guilty do sometimes turn out to be innocent. Even persons who confess their guilt to their attorney occasionally turn out to have lied or to have been mistaken. The adversary system, so this argument continues, is simply a better method than any other that has been established by which to determine the legally relevant facts in any given case. It is certainly a better method than the exercise of private judgment by any particular individual. And the adversary system only works if each party to the controversy has a lawyer, a person whose institutional role it is to argue, plead and present the merits of his or her case and the demerits of the opponent’s. Thus if the adversary system is to work, it is necessary that there be lawyers who will play their appropriate, professional, institutional role of representative of the client’s cause.
Nor is the amorality of the institutional role of the lawyer restricted to the defense of those accused of crimes. As was indicated earlier, when the lawyer functions in his most usual role, he or she functions as a counselor, as a professional whose task it is to help people realize those objectives and ends that the law permits them to obtain and which cannot be obtained without the attorney’s special competence in the law. The attorney may think it wrong to disinherit one’s children because of their views about the Vietnam War, but here the attorney’s complaint is really with the laws of inheritance and not with his or her client. The attorney may think the tax provision an unfair, unjustifiable loophole, but once more the complaint is really with the Internal Revenue Code and not with the client who seeks to take advantage of it. And these matters, too, lie beyond the ambit of the lawyer’s moral point of view as institutional counselor and facilitator. If lawyers were to substitute their own private views of what ought to be legally permissible and impermissible for those of the legislature, this would constitute a surreptitious and undesirable shift from a democracy to an oligarchy of lawyers. For given the fact that lawyers are needed to effectuate the wishes of clients, the lawyer ought to make his or her skills available to those who seek them without regard for the particular objectives of the client.
Now, all of this certainly makes some sense. These arguments are neither specious nor without force. Nonetheless, it seems to me that one dilemma which emerges is that if this line of argument is sound, it also appears to follow that the behavior of the lawyers involved in Watergate was simply another less happy illustration of lawyers playing their accustomed institutional role. If we are to approve on institutional grounds of the lawyer’s zealous defense of the apparently guilty client and the lawyer’s effective assistance of the immoral cheat, does it not follow that we must also approve of the Watergate lawyer’s zealous defense of the interests of Richard Nixon?
As I have indicated, I do not think there is any easy answer to this question. For I am not, let me hasten to make clear, talking about the easy cases—about the behavior of the lawyers that was manifestly illegal. For someone quite properly might reply that it was no more appropriate for the lawyer who worked in the White House to obstruct justice or otherwise violate the criminal law than it would be for a criminal defense lawyer to shoot the prosecution witness to prevent adverse testimony or bribe a defense witness in order to procure favorable testimony.
9
What I am interested in is all of the Watergate behavior engaged in by the Watergate lawyers that was not illegal, but that was, nonetheless, behavior of which we quite properly disapprove. I mean lying to the public; dissembling; stonewalling; tape-recording conversations; playing dirty tricks. Were not these just effective lawyer-like activities pursued by lawyers who viewed Richard Nixon as they would a client and who sought, therefore, the advancement and protection of his interests—personal and political?
It might immediately be responded that the analogy is not apt. For the lawyers who were involved in Watergate were hardly participants in an adversary proceeding. They were certainly not participants in that institutional setting, litigation, in which the amorality of the lawyer makes the most sense. It might even be objected that the amorality of the lawyer qua counselor is clearly distinguishable from the behavior of the Watergate lawyers. Nixon as President was not a client; they, as officials in the executive branch, were functioning as governmental officials and not as lawyers at all.
While not wholly convinced by a response such as the above, I am prepared to accept it because the issue at hand seems to me to be a deeper one. Even if the involvement of so many lawyers in Watergate was adventitious (or, if not adventitious, explicable in terms of some more benign explanation) there still seems to me to be costs, if not problems, with the amorality of the lawyer that derives from his or her role-differentiated professionalism.
As I indicated earlier, I do believe that the amoral behavior of the criminal defense lawyer is justifiable. But I think that jurisdiction depends at least as much upon the special needs of an accused as upon any more general defense of a lawyer’s role-differentiated behavior. As a matter of fact I think it likely that many persons such as myself have been misled by the special features of the criminal case. Because a deprivation of liberty is so serious, because the prosecutorial resources of the state are so vast, and because, perhaps, of a serious skepticism about the rightness of punishment even where wrongdoing has occurred, it is easy to accept the view that it makes sense to charge the defense counsel with the job of making the best possible case for the accused—without regard, so to speak, for the merits. This coupled with the fact that it is an adversarial proceeding succeeds, I think, in justifying the amorality of the criminal defense counsel. But this does not, however, justify a comparable perspective on the part of lawyers generally. Once we leave the peculiar situation of the criminal defense lawyer, I think it quite likely that the role-differentiated amorality of the lawyer is almost certainly excessive and at times inappropriate. That is to say, this special case to one side, I am inclined to think that we might all be better served if lawyers were to see themselves less as subject to role-differentiated behavior and more as subject to the demands of the moral point of view. In this sense it may be that we need a good deal less rather than more professionalism in our society generally and among lawyers in particular.
Moreover, even if I am wrong about all this, four things do seem to me to be true and important. First, all of the arguments that support the role-differentiated amorality of the lawyer on institutional grounds can succeed only if the enormous degree of trust and confidence in the institutions themselves is itself justified. If the institutions work well and fairly, there may be good sense to deferring important moral concerns and criticisms to another time and place, to the level of institutional criticism and assessment. But the less certain we are entitled to be of either
10
the rightness or the self-corrective nature of the larger institutions of which the professional is a part, the less apparent it is that we should encourage the professional to avoid direct engagement with the moral issues as they arise. And we are, today, I believe, certainly entitled to be quite skeptical both of the fairness and of the capacity for self-correction of our larger institutional mechanisms, including the legal system. To the degree to which the institutional rules and practices are unjust, unwise or undesirable, to that same degree is the case for the role-differentiated behavior of the lawyer weakened if not destroyed.
Second, it is clear that there are definite character traits that the professional such as the lawyer must take on if the system is to work. What is less clear is that they are admirable ones. Even if the role-differentiated amorality of the professional lawyer is justified by the virtues of the adversary system, this also means that the lawyer qua lawyer will be encouraged to be competitive rather than cooperative; aggressive rather than accommodating; ruthless rather than compassionate; and pragmatic rather than principled. This is, I think, part of the logic of the role-differentiated behavior of lawyers in particular, and to a lesser degree of professionals in general. It is surely neither accidental nor unimportant that these are the same character traits that are emphasized and valued by the capitalist ethic—and on precisely analogous grounds. Because the ideals of professionalism and capitalism are the dominant ones within our culture, it is harder than most of us suspect even to take seriously the suggestion that radically different styles of living, kinds of occupational outlooks, and types of social institutions might be possible, let alone preferable.
Third, there is a special feature of the role-differentiated behavior of the lawyer that distinguishes it from the comparable behavior of other professionals. What I have in mind can be brought out through the following question: Why is it that it seems far less plausible to talk critically about the amorality of the doctor, for instance, who treats all patients irrespective of their moral character than it does to talk critically about the comparable amorality of the lawyer? Why is it that it seems so obviously sensible, simple and right for the doctor’s behavior to be narrowly and rigidly role-differentiated, i.e., just to try to cure those who are ill? And why is it that at the very least it seems so complicated, uncertain, and troublesome to decide whether it is right for the lawyer’s behavior to be similarly role-differentiated?
The answer, I think, is twofold. To begin with (and this I think is the less interesting point) it is, so to speak, intrinsically good to try to cure disease, but in no comparable way is it intrinsically good to try to win every lawsuit or help every client realize his or her objective. In addition (and this I take to be the truly interesting point), the lawyer’s behavior is different in kind from the doctor’s. The lawyer—and especially the lawyer as advocate—directly says and affirms things. The lawyer makes the case for the client. He or she tries to explain, persuade and convince others that the client’s cause should prevail. The lawyer lives with and within a dilemma that is not shared by other professionals. If the lawyer actually believes everything that he or she asserts on behalf of the client, then it appears to be proper to regard the lawyer as in fact embracing and endorsing the points of view that he or she articulates. If the lawyer does not in fact believe what is urged by way of argument, if the lawyer is only playing a role, then it appears to be proper to tax the lawyer with hypocrisy and insincerity. To be sure, actors in a play take on roles and say things that the characters, not the actors, believe. But we know it is a play and that they are actors. The law courts are not, however, theaters, and the lawyers both talk
11
about justice and they genuinely seek to persuade. The fact that the lawyer’s words, thoughts, and convictions are, apparently, for sale and at the service of the client helps us, I think, to understand the peculiar hostility which is more than occasionally uniquely directed by lay persons toward lawyers. The verbal, role-differentiated behavior of the lawyer qua advocate puts the lawyer’s integrity into question in a way that distinguishes the lawyer from the other professionals.3
Fourth, and related closely to the three points just discussed, even if on balance the role-differentiated character of the lawyer’s way of thinking and acting is ultimately deemed to be justifiable within the system on systemic instrumental grounds, it still remains the case that we do pay a social price for that way of thought and action. For to become and to be a professional, such as a lawyer, is to incorporate within oneself ways of behaving and ways of thinking that shape the whole person. It is especially hard, if not impossible, because of the nature of the professions for one’s professional way of thinking not to dominate one’s entire adult life. Thus, even if the lawyers who were involved in Watergate were not, strictly speaking, then and there functioning as lawyers, their behavior was, I believe, the likely if not inevitable consequence of their legal acculturation. Having been taught to embrace and practice the lawyer’s institutional role, it was natural, if not unavoidable, that they would continue to play that role even when they were somewhat removed from the specific institutional milieu in which that way of thinking and acting is arguably fitting and appropriate. The nature of the professions—the lengthy educational preparation, the prestige and economic rewards, and the concomitant enhanced sense of self—makes the role of professional a difficult one to shed even in those obvious situations in which that role is neither required nor appropriate. In important respects, one’s professional role becomes and is one’s dominant role, so that for many persons at least they become their professional being. This is at a minimum a heavy price to pay for the professions as we know them in our culture, and especially so for lawyers. Whether it is an inevitable price is, I think, an open question, largely because the problem has not begun to be fully perceived as such by the professionals in general, the legal profession in particular, or by the educational institutions that train professionals....




Details:

Public International Law ( - 548N) - Reifenberg, Jr., J.

Books: Required:
1. International Law Cases & Materials by Damrosch, et.al. 6th ed. West. ISBN: 978-0314286437.
2. Basic Documents Supplement to International Law Materials by Damrosch, et.al. 6th ed. West. ISBN: 978-0314286451.

Assignment: Prepare the materials on pages 57 to 84 in the textbook; be ready to present the three cases in class.

Details:

Quantitative Analysis for Lawyers ( - 637E) - Katz, D.

Books: Required:

Empirical Methods in Law by Lawless, Robbennolt, et.al. Wolters Kluwer, ISBN: 978-0735577251.

Assignment: Read -- Lawless, Robbennolt & Ulen – Pages 7 - 36

Details:

Regulating Environmental Risk ( - 566Q) - Morag-Levine, N.

Books: Required:

Environmental Law: Conceptual and Pragmatic Approach by Driesen, Adler and Engel. 2nd ed. Aspen Casebook. ISBN 978-0735594487.

Assignment: “What is Environmental about Environmental Law-The Nature of Environmental Injury,” pp 21-25 in Driesen et al.,

Climate Disruption Case Study 25-29 in Driesen et al.,(please prepare a written outline answering the questions in the Case Study for discussion in class).


Details:

Remedies ( - 593D) - Roberts, J.

Books: Required:

Remedies, Cases and Problems by Shoben, Tabb and Janutis, 5th ed. West. ISBN: 978-1609301194.

Assignment: First Assignment

Remedies is a subject that operates, almost by definition, within the realm of the courts. Thus, for the first day of class on August 25, 2014, all students should re-familiarize themselves with the Federal Rules of Civil Procedure and Michigan Court rules identified below. Some of these are general rules which I selected as a refresher on civil procedure. Others are more specific and outline the procedure necessary to obtain particularized forms of relief. You need not memorize or outline any of these rules at this stage. But, as we move through the course, we will refer back to them, and use them in problem solving exercises or discussions. Thus, students will be expected at all times to have a working knowledge of federal and state court rules of procedure.

In addition, read chapter 1 (pp 1-12) of your remedies text.

Fed. R. Civ P. read 5.1, 14, 18-20, 22, 23, 23.1, 23.2, 24, 25, 26(c), 37, 45(c), 54-60, 62, 64-66, 69, 70 and 71.

For Michigan read M.C.R. 2.116, 2.202-2.206, 2.209, 2.302, 2.603, 2.605, 2.612, 2.614, 2.621, 3.101, 3.102, 3.305, 3.306, 3.310, 3.401-3.403, 3.410, 3.411, 3.412, 3.603, 3.607, 4.201 and 4.202.


Details:

Research, Writing & Advocacy: International LL.M. ( - 804) - O'Regan, D.

Books: Required:

A coursepack will be for sale at the Spartan Bookstore.

Assignment: FIRST ASSIGNMENT RWA-LLM

1) Read the Course Pack (CP) 1-17 (A Lawyer Writes (ALW) pp. 15-31).
The Course Pack is available in the International Center Bookstore. If you do not have access to the Bookstore when you wish to do this assignment, please email Jennifer Markey at mill1137@law.msu.edu. She will send you a scan of this material.

2) Plagiarism
Below is the information from the syllabus explaining the rules for working with others in this class. The concept of plagiarism in the United States is different than in some other countries. Essentially, you must place all words taken directly from another person’s work inside quotation marks and give a citation. In addition, even if you use your own words, if the idea is not yours, you must provide a citation.

We will discuss plagiarism in class to answer questions.

Syllabus: Plagiarism, Collaboration & Using the work of others:

You are required to adhere to the MSU Law College Plagiarism Policy, as well as to the norms established in the Code of Student Discipline. Since plagiarism may result in your expulsion from law school and prevent you from entering the legal profession, review these materials very carefully. Please review the relevant policies in Section VIII of the MSU College of Law Student Handbook, available at: http://law.msu.edu/academics/handbook/index.html.

Unless otherwise instructed by your professor, RWA assignments must be your independent work product. Evidence of unauthorized collaboration on assignments will negatively affect your final grade and may result in failing the course, as well as expulsion from law school. Unless directed to do so by your professor, you may never 1) request, read, review, or examine the writing or research findings of any current or former student in RWA; 2) allow anyone other than your RWA professor, research professor, or Prof. Francis, student or non-student, to read, review, or examine your writing or research findings for an ongoing assignment; or 3) submit another person’s work, in whole or in part, and represent it as your own work.
Collaboration is not plagiarism because collaboration involves mutuality and either express or implied consent. The legal profession in the United States requires attorneys to move easily between working completely on their own and working in teams. This course, therefore, tries to strike a balance between fostering individual competence and encouraging collaborative learning.

In general, it is far better for you and your classmates to envision your relationship as collaborative, rather than competitive. Collaboration will permit you to learn from each other. At the same time, however, an important goal of the course is to enable you to learn the skills well enough to perform them on your own by the end of the semester. Thus, the course encourages you to collaborate with your peers, but within limits.

Here are the rules for this class:
1) You may not request, read, review, or examine the writing or research student or person who has taken or is taking RWA-LLM.
2) You may discuss all writing assignments with your classmates, but you may never write them together. All written work must be strictly your own.
3) Unless directed to do so by your professor, you may never read a classmate’s written work product or have anyone (other than your primary RWA: International LL.M. professor, research professor, Professor Francis or your TAs) read your written work product.
4) You may not submit another person’s work, in whole or in part as if it were your own work.

If you have any questions about this, please ask. Evidence that you have broken these rules may result in failure on that assignment or, if sufficiently severe, of the course.



Details:

Research, Writing & Analysis ( - 530D) - Mansour, S.

Books: Required:
1. Christine Coughlin, Joan Malmud & Sandy Patrick, A Lawyer Writes: A Practical Guide to Legal Analysis, 2013, Carolina Academic Press. ISBN 978-1-611633979.
2. Anne Enquist & Laurel Currie Oates, Just Writing: Grammar, Punctuation, and Style for the Legal Writer (4th ed. 2013) (Wolters Kluwer Law & Business) ISBN 978-1-4548-2698-9
3. The Bluebook: A Uniform System of Citation (19th ed. 2010) ISBN 9780615361161
4. Tracy L. McGaugh & Christine Hurt, Interactive Citation Workbook for The Bluebook: A Uniform System of Citation (2014).


Assignment: The first assignment is available on the RWA website at: http://www.law.msu.edu/rwa/.

Details: Research, Writing and Analysis (RWA) combines theory will skills to help you begin to learn the basics needed to practice law. In RWA you will learn 1) legal analysis, including the standard legal organizational structure, 2) objective legal writing, including how to write a legal memo, 3) fundamental writing skills, 4) legal research, and 5) Bluebook citation form.
You will work with three professors: your primary legal writing professor, a research librarian and the Law College Wring Specialist, Dr. Francis. Your primary RWA professor will teach legal analysis, objective legal writing, and citation form. Your research librarian will teach research skills, including how to use print and electronic legal sources. Dr. Francis will teach fundamental writing skills, including grammar, punctuation and style.
Major assignments include two legal memoranda, research exercises, a Bluebook citation exam, and a writing proficiency test.

Research, Writing & Analysis ( - 530D) - Lawrence, D.

Books: Required:
1. Christine Coughlin, Joan Malmud & Sandy Patrick, A Lawyer Writes: A Practical Guide to Legal Analysis, 2nd. ed. 2013, Carolina Academic Press. ISBN 978-1-611633979.
2. Anne Enquist & Laurel Currie Oates, Just Writing: Grammar, Punctuation, and Style for the Legal Writer (4th ed. 2013) (Wolters Kluwer Law & Business) ISBN 978-1-4548-2698-9.
3. The Bluebook: A Uniform System of Citation (19th ed. 2010) ISBN 9780615361161.
4. Tracy L. McGaugh & Christine Hurt, Interactive Citation Workbook for The Bluebook: A Uniform System of Citation (2014).

Assignment: Your first assignment is available on the RWA web page at: http://www.law.msu.edu/rwa/.

Details: Research, Writing and Analysis (RWA) combines theory will skills to help you begin to learn the basics needed to practice law. In RWA you will learn 1) legal analysis, including the standard legal organizational structure, 2) objective legal writing, including how to write a legal memo, 3) fundamental writing skills, 4) legal research, and 5) Bluebook citation form.
You will work with three professors: your primary legal writing professor, a research librarian and the Law College Wring Specialist, Dr. Francis. Your primary RWA professor will teach legal analysis, objective legal writing, and citation form. Your research librarian will teach research skills, including how to use print and electronic legal sources. Dr. Francis will teach fundamental writing skills, including grammar, punctuation and style.
Major assignments include two legal memoranda, research exercises, a Bluebook citation exam, and a writing proficiency test.

Research, Writing & Analysis ( - 530D) - Lawrence, D.

Books: 1. Christine Coughlin, Joan Malmud & Sandy Patrick, A Lawyer Writes: A Practical Guide to Legal Analysis , 2013 Carolina Press. ISBN 978-1-1611633979.
2. Anne Enquist & Laurel Currie Oates, Just Writing: Grammar, Punctuation, and Style for the Legal Writer 4th ed. Wolters Kluwer. ISBN 978-1-4548-2698-9
3. The Bluebook: A Uniform System of Citation (19th ed. 2010) ISBN 9780615361161.
4. Tracy L. McGaugh & Christine Hurt, Interactive Citation Workbook for The Bluebook: A Uniform System of Citation , 2014.


Assignment: Section 007:

The first assignment is available on the RWA web page at http://www.law.msu.edu/rwa/.

Details: Research, Writing and Analysis (RWA) combines theory will skills to help you begin to learn the basics needed to practice law. In RWA you will learn 1) legal analysis, including the standard legal organizational structure, 2) objective legal writing, including how to write a legal memo, 3) fundamental writing skills, 4) legal research, and 5) Bluebook citation form.
You will work with three professors: your primary legal writing professor, a research librarian and the Law College Wring Specialist, Dr. Francis. Your primary RWA professor will teach legal analysis, objective legal writing, and citation form. Your research librarian will teach research skills, including how to use print and electronic legal sources. Dr. Francis will teach fundamental writing skills, including grammar, punctuation and style.
Major assignments include two legal memoranda, research exercises, a Bluebook citation exam, and a writing proficiency test.

Research, Writing & Analysis ( - 530D) - Gentry, K.

Books: 1. Christine Coughlin, Joan Malmud & Sandy Patrick, A Lawyer Writes: A Practical Guide to Legal Analysis , 2013 Carolina Press. ISBN 978-1-1611633979.
2. Anne Enquist & Laurel Currie Oates, Just Writing: Grammar, Punctuation, and Style for the Legal Writer 4th ed. Wolters Kluwer. ISBN 978-1-4548-2698-9
3. The Bluebook: A Uniform System of Citation (19th ed. 2010) ISBN 9780615361161.
4. Tracy L. McGaugh & Christine Hurt, Interactive Citation Workbook for The Bluebook: A Uniform System of Citation , 2014.


Assignment: First Assignment
A. Before the first class, sign up for my TWEN site.

B. Reading

1. Syllabus and Addendum to Syllabus. (Both available on TWEN site.)
2. A Lawyer Writes, Chapters 1 and 2 (Be sure to carefully review the sample memo on pages 5-9.)
3. Case Briefing Handout (available at http://www.law.msu.edu/rwa/)\
4. Plagiarism Handout (available at http://www.law.msu.edu/rwa/)
a. Turn in the completed Student Acknowledgement Form at the beginning of the first class.
5. MSU College of Law Plagiarism Policy (available at http://law.msu.edu/academics/handbook/plagiarism.html)
6. Anne Enquist, Talking to Students About the Differences Between Undergraduate Writing and Legal Writing, Vol. 13 No. 2 Persp: Teaching Legal Res. & Writing 104 (2005) (available at http://www.law.msu.edu/rwa/)

C. Case Brief

1. Draft a case brief for the Freeman case (available at http://www.law.msu.edu/rwa/).
2. Due: Before class, 8/20/14
3. Post to TWEN (Assignment Drop Box), and bring one copy to class.
4. There are many ways to brief a case. For purposes of this assignment, you should generally follow the format in the Case Briefing Handout.
5. Include each section that is described on pages 2-4 of the Handout.
6. Follow the format instructions on page 5 of the syllabus (double spaced, one inch margins, black ink, 12 point typeface, Times New Roman or Century font, always avoiding Courier font).
7. You do not need to use formal citation, but please do cite to the page number from the case where the reader will find the relevant information. Example: The court affirmed the lower court decision. (p. 415)
8. Carefully proofread, and be sure to edit for grammar and punctuation.
9. Further instructions appear on the last page of this document.

D. Writing analysis.
People arrive to law school with various levels of writing ability. For some of you writing is what you last did in a freshman composition class (or some AP class in high school) and that was the end of that. For others, particularly those who majored in social sciences, you probably wrote a lot in college. Regardless, you will quickly find that law school writing is different and likely harder than anything you have done to date. The writing is quite technical and, by its nature, often rather dry. Writing well, with technical accuracy, in a manner that keeps the reader’s attention, is difficult. Before we embark on reading a lot of appellate caselaw, which often fails on at least one, usually two, and occasionally all three of these points, it is a useful exercise to consider the concepts of good writing, technical accuracy, and holding the reader’s attention by examining a non-legal work that does all three reasonably well. Thus you should now read David Foster Wallace’s essay describing Roger Federer and tennis. While Wallace has a particular point and opinion in his writing he also offers a great deal of technical explanation to support his position. It matters not at all if you know nothing of Wallace, Federer, or tennis, because Wallace’s writing is such that, at the conclusion of this piece, you should know a decent amount about Federer and the game of tennis and far more about both than you did before (unless you already happen to be an acquaintance of Federer and a very high level tennis player yourself, and the unlikeliness of that happening in this class (again) is what makes this exercise useful). When you get done with this piece (which, like all things, we will discuss in class so pay attention – I might call on you with a question about it) consider next that this is akin to what you are soon to be doing - taking an arcane subject about which your readers know little, and probably had little interest in until forced to by circumstances, and making it digestible and comprehensible to them, via a single written offering. It is a tough job, though Wallace made it look easy.

Below is the link for Wallace’s essay “Federer as a Religious Experience” first published in the New York Times on August 20, 2006.
http://www.nytimes.com/2006/08/20/sports/playmagazine/20federer.html?pagewanted=all&_r=0


Memorandum

To: RWA Students
From: Prof. Gentry
Date: August 2014
Re: Freeman Case Brief

During RWA, you will be members of a fictional law firm. Our first clients are Martin Fuentes and Sofia Gallaway. Mr. Fuentes and Ms. Gallaway have asked us whether they have grounds for a negligence lawsuit. Adrienne Okur, a senior attorney in our law firm, has asked you to consider whether Mr. Fuentes and Ms. Gallaway are likely to be successful in a cause of action for negligent infliction of emotional distress to a bystander. Because the accident happened in Texas, Texas state law applies.

You will soon learn more about the facts, but in the meantime, Ms. Okur has asked you to first read the leading Texas case, Freeman v. City of Pasadena, 744 S.W.2d 923 (Tex. 1988). In order to aid in your understanding of the case, please prepare a case brief.

Freeman v. City of Pasadena, 744 S.W.2d 923 (1988)
© 2014 Thomson Reuters. No claim to original U.S. Government Works. 1
744 S.W.2d 923
Supreme Court of Texas.
Lois M. FREEMAN et al., Petitioners,
v.
CITY OF PASADENA, Respondent.
No. C–6571. | Jan. 27, 1988.
| Rehearing Denied March 11, 1988.
Stepparent and others brought suit against city for damages
arising out of automobile accident in which two stepsons
were injured. The 269th District Court, Harris County, David
West, J., awarded damages. On appeal, the Court of Appeals,
Fourteenth District, 731 S.W.2d 590, reversed and rendered
judgment that stepfather take nothing, and stepfather brought
error. The Supreme Court, Kilgarlin, J., held that bystander
recovery for mental anguish did not extend to stepparent
who neither saw nor otherwise contemporaneously perceived
accident in which his stepsons were injured.
Affirmed.
Ray, J., filed concurring opinion in which Mauzy, J., joined.
West Headnotes (1)
[1] Damages
Other Particular Cases
Bystander recovery for mental anguish did
not extend to stepparent who neither saw
nor otherwise contemporaneously perceived
accident in which his stepsons were injured.
64 Cases that cite this headnote
Attorneys and Law Firms
*923 William A. Odom, Michael A. Maness, Phillip A.
Pfeifer, Houston, Russell H. McMains, McMains & Constant,
Corpus Christi, for petitioners.
Lee Clark, City Atty., Pasadena, W.J. Kronzer, Jr., Houston,
for respondent.
Opinion
KILGARLIN, Justice.
This case presents the question whether bystander recovery
for mental anguish extends to a stepparent who neither saw
nor otherwise contemporaneously perceived the accident in
which his stepsons were injured. Based on a jury verdict, the
trial court awarded damages. The court of appeals reversed
and rendered judgment that the stepfather take nothing. 731
S.W.2d 590. We affirm the judgment of the court of appeals.
John Freeman and others sued the City of Pasadena for
damages arising out of an automobile accident in which two
of Freeman's stepsons were injured (one later died in the
hospital). Freeman was home at the time of the accident. After
some unidentified person rang Freeman's doorbell and told
him about the accident, Freeman dressed and hurried to the
scene where he saw the demolished automobile surrounded
by lights, ambulances, wreckers, helicopters, and police cars.
When Freeman approached an open ambulance, he saw one
of his stepsons lying on a gurney, his face covered with
blood and one arm broken. Freeman's other stepson had
already been transported by helicopter to Houston's Hermann
Hospital, where he later died.
Freeman argues that the court of appeals should have upheld
his recovery for mental anguish. We disagree. On the
undisputed facts of this case, we hold as a matter of law that
Freeman has no cause of action for emotional harm arising
out of either stepson's injuries. We are guided in our decision
by the foreseeability factors set out by the Supreme Court of
California in the seminal case substituting negligent infliction
of emotional harm for the more restrictive zone of danger
theory of bystander recovery:
In determining ... whether defendant
should reasonably foresee the injury
to plaintiff, or, in other terminology,
whether defendant owes plaintiff a
duty of due care, the courts will
take into account such factors as
the following: (1) Whether plaintiff
was located near the scene of the
Lawrence, Deanne 7/18/2014
For Educational Use Only
Freeman v. City of Pasadena, 744 S.W.2d 923 (1988)
© 2014 Thomson Reuters. No claim to original U.S. Government Works. 2
accident as contrasted with one
who was a distance away from
it. (2) Whether the shock resulted
from a direct emotional impact upon
plaintiff from the *924 sensory and
contemporaneous observance of the
accident, as contrasted with learning
of the accident from others after its
occurrence. (3) Whether plaintiff and
the victim were closely related, as
contrasted with an absence of any
relationship or the presence of only a
distant relationship.
Dillon v. Legg, 68 Cal.2d 728, 740, 441 P.2d 912, 920, 69
Cal.Rptr. 72, 80 (1968) (emphases added).
We recognize Dillon does not purport to state any immutable
rule and that the California court contemplated due care
or foreseeability determinations on a case-by-case basis.
However, Dillon never suggests (as does petitioner Freeman)
leaving the due care/foreseeability issue totally within the
jury's discretion. To the contrary, that case plainly states, “[i]n
light of these factors the court will determine whether the
accident and harm was reasonably foreseeable.” 441 P.2d at
921, 69 Cal.Rptr. at 81 (emphasis in original). In our case it is
undisputed that Freeman did not contemporaneously perceive
the accident or otherwise experience the shock of unwittingly
coming upon the accident scene. In these circumstances,
Freeman can hardly be called a bystander, and we decline to
extend a duty of due care so as to permit recovery by him. See
generally Annotation, Immediacy of Observation of Injury
as Affecting Right to Recover Damages for Shock or Mental
Anguish from Witnessing Injury to Another, 5 A.L.R.4th 833
(1981).
The City of Pasadena complains that the court of appeals
erred in holding that the erection of barricades falls within
the city's proprietary functions. We have considered the
City's arguments and conclude they present no error requiring
reversal.
The judgment of the court of appeals is affirmed.
RAY, J., concurs joined by MAUZY, J.
RAY, Justice, concurring.
I concur in the judgment and in the well-reasoned opinion
of the court. But I must also write to highlight that we
affirm the decision below only because Mr. Freeman did
not contemporaneously perceive the accident. The court of
appeals' additional statement that Mr. Freeman could not
recover because he was a stepparent and not a natural parent
does not accurately reflect the current status of the law in this
state.
There is no reported case in this state, other than that of
the court of appeals, in which a stepchild or parent was
denied bystander recovery because the relationship was not
biological. Courts of appeals have denied recovery to a
close friend, and to a woman whom the jury found was
not a common law wife. See Hinojosa v. South Texas
Drilling & Exploration, Inc., 727 S.W.2d 320 (Tex.App.
—San Antonio 1987, no writ); Hastie v. Rodriguez, 716
S.W.2d 675 (Tex.App.—Corpus Christi 1986, writ ref'd
n.r.e.). But recovery has not been denied to persons in a
familial relationship. In fact, our learned colleagues on the
federal court of appeals have Erie-guessed that Texas law
would allow bystander recovery to stepsons for the death of
their stepfather: “[t]he two stepsons were minors living with
the James Grandstaff family, and we believe they stood in the
close relationship required by Texas law.” Grandstaff v. City
of Borger, 767 F.2d 161, 172 (5th Cir.1985).
The majority's approval of Dillon v. Legg formally adopts
workable factors which the courts of appeals have been using
for some time. 1 The third factor inquires whether the plaintiff
and victim were closely related, not whether they are blood
relatives. Where the plaintiff and victim are in a close familial
relationship, biological or step, the plaintiff should be allowed
to recover. Texas courts should not conjure up artificial
abstractions which bar recovery.
*925 Two other jurisdictions have addressed the question
of whether step or foster parents may recover as bystanders.
Construing the Dillon closeness element, both have allowed
recovery. See Mobaldi v. Board of Regents, 55 Cal.App.3d
573, 127 Cal.Rptr. 720 (1976), disapproved on other grounds,
Baxter v. Superior Court, 19 Cal.3d 461, 138 Cal.Rptr. 315,
563 P.2d 871 (1977) (foster mother allowed bystander);
Leong v. Takasaki, 55 Hawaii 398, 520 P.2d 758 (1974) (step
grandchild allowed bystander). The purpose of the Dillon
Lawrence, Deanne 7/18/2014
For Educational Use Only
Freeman v. City of Pasadena, 744 S.W.2d 923 (1988)
©





Details: Research, Writing and Analysis (RWA) combines theory will skills to help you begin to learn the basics needed to practice law. In RWA you will learn 1) legal analysis, including the standard legal organizational structure, 2) objective legal writing, including how to write a legal memo, 3) fundamental writing skills, 4) legal research, and 5) Bluebook citation form.
You will work with three professors: your primary legal writing professor, a research librarian and the Law College Wring Specialist, Dr. Francis. Your primary RWA professor will teach legal analysis, objective legal writing, and citation form. Your research librarian will teach research skills, including how to use print and electronic legal sources. Dr. Francis will teach fundamental writing skills, including grammar, punctuation and style.
Major assignments include two legal memoranda, research exercises, a Bluebook citation exam, and a writing proficiency test.

Research, Writing & Analysis ( - 530D) - Stokstad, P.

Books: 1. Christine Coughlin, Joan Malmud & Sandy Patrick, A Lawyer Writes: A Practical Guide to Legal Analysis , 2013 Carolina Press. ISBN 978-1-1611633979.
2. Anne Enquist & Laurel Currie Oates, Just Writing: Grammar, Punctuation, and Style for the Legal Writer 4th ed. Wolters Kluwer. ISBN 978-1-4548-2698-9
3. The Bluebook: A Uniform System of Citation (19th ed. 2010) ISBN 9780615361161.
4. Tracy L. McGaugh & Christine Hurt, Interactive Citation Workbook for The Bluebook: A Uniform System of Citation , 2014.


Assignment:

Details: Research, Writing and Analysis (RWA) combines theory will skills to help you begin to learn the basics needed to practice law. In RWA you will learn 1) legal analysis, including the standard legal organizational structure, 2) objective legal writing, including how to write a legal memo, 3) fundamental writing skills, 4) legal research, and 5) Bluebook citation form.
You will work with three professors: your primary legal writing professor, a research librarian and the Law College Wring Specialist, Dr. Francis. Your primary RWA professor will teach legal analysis, objective legal writing, and citation form. Your research librarian will teach research skills, including how to use print and electronic legal sources. Dr. Francis will teach fundamental writing skills, including grammar, punctuation and style.
Major assignments include two legal memoranda, research exercises, a Bluebook citation exam, and a writing proficiency test.

Research, Writing & Analysis ( - 530D) - Gulliver, G.

Books: 1. Christine Coughlin, Joan Malmud & Sandy Patrick, A Lawyer Writes: A Practical Guide to Legal Analysis , 2013 Carolina Press. ISBN 978-1-1611633979.
2. Anne Enquist & Laurel Currie Oates, Just Writing: Grammar, Punctuation, and Style for the Legal Writer 4th ed. Wolters Kluwer. ISBN 978-1-4548-2698-9
3. The Bluebook: A Uniform System of Citation (19th ed. 2010) ISBN 9780615361161.
4. Tracy L. McGaugh & Christine Hurt, Interactive Citation Workbook for The Bluebook: A Uniform System of Citation , 2014.


Assignment: Your first assignments is available on the RWA web page at http://www.law.msu.edu/rwa.

Details: Research, Writing and Analysis (RWA) combines theory will skills to help you begin to learn the basics needed to practice law. In RWA you will learn 1) legal analysis, including the standard legal organizational structure, 2) objective legal writing, including how to write a legal memo, 3) fundamental writing skills, 4) legal research, and 5) Bluebook citation form.
You will work with three professors: your primary legal writing professor, a research librarian and the Law College Wring Specialist, Dr. Francis. Your primary RWA professor will teach legal analysis, objective legal writing, and citation form. Your research librarian will teach research skills, including how to use print and electronic legal sources. Dr. Francis will teach fundamental writing skills, including grammar, punctuation and style.
Major assignments include two legal memoranda, research exercises, a Bluebook citation exam, and a writing proficiency test.

Research, Writing & Analysis ( - 530D) - Stokstad, P.

Books: 1. Christine Coughlin, Joan Malmud & Sandy Patrick, A Lawyer Writes: A Practical Guide to Legal Analysis , 2013 Carolina Press. ISBN 978-1-1611633979.
2. Anne Enquist & Laurel Currie Oates, Just Writing: Grammar, Punctuation, and Style for the Legal Writer 4th ed. Wolters Kluwer. ISBN 978-1-4548-2698-9
3. The Bluebook: A Uniform System of Citation (19th ed. 2010) ISBN 9780615361161.
4. Tracy L. McGaugh & Christine Hurt, Interactive Citation Workbook for The Bluebook: A Uniform System of Citation , 2014.


Assignment: Welcome to RWA! I’m looking forward to working with you this semester.

First Assignment

A. Sign up for TWEN site
Before the first class, which is on Wednesday, August 20 at 8:00 a.m., sign up for the TWEN site for our class. You will learn how to do that during Immersion Week. The TWEN site name is RWA sections 009 and 012 (Fall 2014) (Stokstad).
B. Reading
1. Chapters 1, 2, 3.I & 3.III in A Lawyer Writes (our main textbook),. Be sure to carefully review the sample memo on pages 59.
2. Case briefing handout (available at http://www.law.msu.edu/rwa)
3. Plagiarism handout (available at http://www.law.msu.edu/rwa). Turn in the completed Student Acknowledgement Form at the beginning of the first class.
4. MSU College of Law Plagiarism Policy (available at http://law.msu.edu/academics/handbook/plagiarism.html)
5. Anne Enquist, Talking to Students About the Differences Between Undergraduate Writing and Legal Writing, Vol. 13 No. 2 Persp: Teaching Legal Res. & Writing 104 (2005) (available at http://www.law.msu.edu/rwa)
6. Syllabus, pages 1–6. (The syllabus will be available on the TWEN site beginning August 18.)
C. Case Brief
1. Draft a case brief for the Freeman case (available at http://www.law.msu.edu/rwa). Bring a hard copy to class.
2. There are many ways to brief a case. For purposes of this assignment, follow the format in the Case Briefing Handout.
3. Include each section that is described on pages 2–4 of the Handout.
4. Follow the format instructions on page 5 of the syllabus (double-space, one-inch margins, 12 point typeface, Times New Roman or Century Schoolbook font).
5. You do not need to use formal citation, but do cite to the page number from the case where the reader will find the relevant information. Example: The court affirmed the lower court decision (p. 415).
6. Carefully proofread, and be sure to edit for grammar and punctuation.
7. Any words that are not your own should appear in quotation marks.
8. Further instructions appear immediately below.
Party at my house
My wife (a linguistics professor at MSU) and I are hosting a get-together for our students on Sunday, August 24 from about 5:30 to 7:30 at our house. It is, of course, completely optional. I’ll give you more information during our first class.
Memorandum
To: RWA Students
From: Prof. Lawrence
Date: August 2014
Re: Freeman Case Brief
During RWA, you will be members of a fictional law firm. Our first clients are Martin Fuentes and Sofia Gallaway. Mr. Fuentes and Ms. Gallaway have asked us whether they have grounds for a negligence lawsuit. Adrienne Okur, a senior attorney in our law firm, has asked you to consider whether Mr. Fuentes and Ms. Gallaway are likely to be successful in a cause of action for negligent infliction of emotional distress to a bystander. Because the accident happened in Texas, Texas state law applies.
You will soon learn more about the facts, but in the meantime, Ms. Okur has asked you to first read the leading Texas case, Freeman v. City of Pasadena, 744 S.W.2d 923 (Tex. 1988). In order to aid in your understanding of the case, please prepare a case brief.

Details: Research, Writing and Analysis (RWA) combines theory will skills to help you begin to learn the basics needed to practice law. In RWA you will learn 1) legal analysis, including the standard legal organizational structure, 2) objective legal writing, including how to write a legal memo, 3) fundamental writing skills, 4) legal research, and 5) Bluebook citation form.
You will work with three professors: your primary legal writing professor, a research librarian and the Law College Wring Specialist, Dr. Francis. Your primary RWA professor will teach legal analysis, objective legal writing, and citation form. Your research librarian will teach research skills, including how to use print and electronic legal sources. Dr. Francis will teach fundamental writing skills, including grammar, punctuation and style.
Major assignments include two legal memoranda, research exercises, a Bluebook citation exam, and a writing proficiency test.

Research, Writing & Analysis ( - 530D) - Ching, B.

Books: 1. Laurel currie Oates & Anne Enquist, Just Memos, 3rd ed. 2011.ISBN: 978-0735585195.
2. Anne Enquist & Laurel Currie Oates, Just Writing: Grammar, Punctuation, and Style for the Legal Writer 4th ed. Wolters Kluwer. ISBN 978-1-4548-2698-9
3. The Bluebook: A Uniform System of Citation (19th ed. 2010) ISBN 9780615361161.
4. Tracy L. McGaugh & Christine Hurt, Interactive Citation Workbook for The Bluebook: A Uniform System of Citation , 2014.


Assignment:

Details: Research, Writing and Analysis (RWA) combines theory will skills to help you begin to learn the basics needed to practice law. In RWA you will learn 1) legal analysis, including the standard legal organizational structure, 2) objective legal writing, including how to write a legal memo, 3) fundamental writing skills, 4) legal research, and 5) Bluebook citation form.
You will work with three professors: your primary legal writing professor, a research librarian and the Law College Wring Specialist, Dr. Francis. Your primary RWA professor will teach legal analysis, objective legal writing, and citation form. Your research librarian will teach research skills, including how to use print and electronic legal sources. Dr. Francis will teach fundamental writing skills, including grammar, punctuation and style.
Major assignments include two legal memoranda, research exercises, a Bluebook citation exam, and a writing proficiency test.

Research, Writing & Analysis ( - 530D) - Ching, B.

Books: 1. Laurel currie Oates & Anne Enquist, Just Memos,4rd ed. .ISBN: 978-1454831013. REVISED TO 4TH EDITION. 8/19/2014.
2. Anne Enquist & Laurel Currie Oates, Just Writing: Grammar, Punctuation, and Style for the Legal Writer 4th ed. Wolters Kluwer. ISBN 978-1-4548-2698-9
3. The Bluebook: A Uniform System of Citation (19th ed. 2010) ISBN 9780615361161.
4. Tracy L. McGaugh & Christine Hurt, Interactive Citation Workbook for The Bluebook: A Uniform System of Citation , 2014.


Assignment: Your first assignment is available on the RWA web page at http://www.law.msu.edu/rwa/.


Details: Research, Writing and Analysis (RWA) combines theory will skills to help you begin to learn the basics needed to practice law. In RWA you will learn 1) legal analysis, including the standard legal organizational structure, 2) objective legal writing, including how to write a legal memo, 3) fundamental writing skills, 4) legal research, and 5) Bluebook citation form.
You will work with three professors: your primary legal writing professor, a research librarian and the Law College Wring Specialist, Dr. Francis. Your primary RWA professor will teach legal analysis, objective legal writing, and citation form. Your research librarian will teach research skills, including how to use print and electronic legal sources. Dr. Francis will teach fundamental writing skills, including grammar, punctuation and style.
Major assignments include two legal memoranda, research exercises, a Bluebook citation exam, and a writing proficiency test.

Research, Writing & Analysis ( - 530D) - Mansour, S.

Books: Required:
1. Christine Coughlin, Joan Malmud & Sandy Patrick, A Lawyer Writes: A Practical Guide to Legal Analysis, 2013, Carolina Academic Press. ISBN 978-1-611633979.
2. Anne Enquist & Laurel Currie Oates, Just Writing: Grammar, Punctuation, and Style for the Legal Writer (4th ed. 2013) (Wolters Kluwer Law & Business) ISBN 978-1-4548-2698-9
3. The Bluebook: A Uniform System of Citation (19th ed. 2010) ISBN 9780615361161
4. Tracy L. McGaugh & Christine Hurt, Interactive Citation Workbook for The Bluebook: A Uniform System of Citation (2014).


Assignment: Your first assignment is available on the RWA web page at http://www.law.msu.edu/rwa/.


Details:

Research, Writing & Analysis: Intellectual Property Perspective ( - 530E) - Costello, N.

Books: Required Books:
1. Christine Coughlin, Joan Malmud & Sandy Patrick, A Lawyer Writes: A Practical Guide to Legal Analysis (2d ed. 2013) (“A Lawyer Writes”).
2. Anne Enquist & Laurel Currie Oates, Just Writing: Grammar, Punctuation, and Style for the Legal Writer (4th ed. 2013) (“Just Writing”).
3. The Bluebook: A Uniform System of Citation (19th ed. 2010) (“BB”).
4. Tracy L. McGaugh & Christine Hurt, Interactive Citation Workbook for The Bluebook: A Uniform System of Citation (2014) (“McGaugh”).


Assignment: A. Before the first class, sign up for my TWEN site.

B. Reading

1. The Syllabus (The Syllabus will be posted under Course Materials on TWEN by Monday 9/18)
2. A Lawyer Writes, Chapters 1 and 2.
3. Case Briefing Handout (available at http://www.law.msu.edu/rwa/)
4. Plagiarism Handout (available at http://www.law.msu.edu/rwa/)
1. Turn in the completed Student Acknowledgement Form at the beginning of the first class.
5. MSU College of Law Plagiarism Policy (available at http://law.msu.edu/academics/handbook/plagiarism.html)



Details:

Research, Writing & Analysis: Intellectual Property Perspective ( - 530E) - Costello, N.

Books: Required Books:
1. Christine Coughlin, Joan Malmud & Sandy Patrick, A Lawyer Writes: A Practical Guide to Legal Analysis (2d ed. 2013) (“A Lawyer Writes”).
2. Anne Enquist & Laurel Currie Oates, Just Writing: Grammar, Punctuation, and Style for the Legal Writer (4th ed. 2013) (“Just Writing”).
3. The Bluebook: A Uniform System of Citation (19th ed. 2010) (“BB”).
4. Tracy L. McGaugh & Christine Hurt, Interactive Citation Workbook for The Bluebook: A Uniform System of Citation (2014) (“McGaugh”).


Assignment: A. Before the first class, sign up for my TWEN site.

B. Reading

1. The Syllabus (The Syllabus will be posted under Course Materials on TWEN by Monday 9/18)
2. A Lawyer Writes, Chapters 1 and 2.
3. Case Briefing Handout (available at http://www.law.msu.edu/rwa/)
4. Plagiarism Handout (available at http://www.law.msu.edu/rwa/)
1. Turn in the completed Student Acknowledgement Form at the beginning of the first class.
5. MSU College of Law Plagiarism Policy (available at http://law.msu.edu/academics/handbook/plagiarism.html)



Details:

Research, Writing & Analysis: Social Justice Perspectives ( - 530Q) - Rosa, J.

Books: Required:

Christine Coughlin, Joan Malmud & Sandy Patrick, A Lawyer Writes: A Practical Guide to Legal Analysis, 2013, Carolina Academic Press. ISBN 978-1-611633979.

Assignment: Your first assignment is available on the RWA web page at http://www.law.msu.edu/rwa/.


Details:

Research, Writing & Analysis: Social Justice Perspectives ( - 530Q) - Rosa, J.

Books: Required:

Christine Coughlin, Joan Malmud & Sandy Patrick, A Lawyer Writes: A Practical Guide to Legal Analysis, 2013, Carolina Academic Press. ISBN 978-1-611633979.

Assignment: Your first assignment is available on the RWA web page at http://www.law.msu.edu/rwa/ .


Details:

Research, Writing & Analysis: Criminal Law Perspective ( - 530N) - LaRose, S.

Books: Required:
1. Christine Coughlin, Joan Malmud & Sandy Patrick, A Lawyer Writes: A Practical Guide to Legal Analysis , 2013 Carolina Press. ISBN 978-1-1611633979.
2. Anne Enquist & Laurel Currie Oates, Just Writing: Grammar, Punctuation, and Style for the Legal Writer 4th ed. Wolters Kluwer. ISBN 978-1-4548-2698-9
3. The Bluebook: A Uniform System of Citation (19th ed. 2010) ISBN 9780615361161.
4. Tracy L. McGaugh & Christine Hurt, Interactive Citation Workbook for The Bluebook: A Uniform System of Citation , 2014.


Assignment: First Assignment
Before the first class, sign up for the TWEN course page for RWA-Crim and read the following:
1. Carefully review pages 1-5 of the syllabus (available on TWEN for RWA-Crim in Course Materials);
2. A Lawyer Writes, Chapters 1 and 2 (carefully review the sample memo on pages 5-9);
3. Plagiarism Handout (available at http://www.law.msu.edu/rwa/);
a. Turn in the completed Student Acknowledgement Form at the beginning of the first class;
4. MSU College of Law Plagiarism Policy (available at http://law.msu.edu/academics/handbook/plagiarism.html); and
5. Anne Enquist, Talking to Students About the Differences Between Undergraduate Writing and Legal Writing, Vol. 13 No. 2 Persp: Teaching Legal Res. & Writing 104 (2005) (available at http://www.law.msu.edu/rwa/)


Details:

Research, Writing & Analysis: Criminal Law Perspective ( - 530N) - LaRose, S.

Books: Required:

1. Christine Coughlin, Joan Malmud & Sandy Patrick, A Lawyer Writes: A Practical Guide to Legal Analysis , 2013 Carolina Press. ISBN 978-1-1611633979.
2. Anne Enquist & Laurel Currie Oates, Just Writing: Grammar, Punctuation, and Style for the Legal Writer 4th ed. Wolters Kluwer. ISBN 978-1-4548-2698-9
3. The Bluebook: A Uniform System of Citation (19th ed. 2010) ISBN 9780615361161.
4. Tracy L. McGaugh & Christine Hurt, Interactive Citation Workbook for The Bluebook: A Uniform System of Citation , 2014.


Assignment: First Assignment
Before the first class, sign up for the TWEN course page for RWA-Crim and read the following:
1. Carefully review pages 1-5 of the syllabus (available on TWEN for RWA-Crim in Course Materials);
2. A Lawyer Writes, Chapters 1 and 2 (carefully review the sample memo on pages 5-9);
3. Plagiarism Handout (available at http://www.law.msu.edu/rwa/);
a. Turn in the completed Student Acknowledgement Form at the beginning of the first class;
4. MSU College of Law Plagiarism Policy (available at http://law.msu.edu/academics/handbook/plagiarism.html); and
5. Anne Enquist, Talking to Students About the Differences Between Undergraduate Writing and Legal Writing, Vol. 13 No. 2 Persp: Teaching Legal Res. & Writing 104 (2005) (available at http://www.law.msu.edu/rwa/)


Details:

Secured Transactions ( - 501E) - Payne, K.

Books: No textbook required. All materials will be available on the TWEN site for this course.

Assignment: Read carefully Chapter 1 on the TWEN site and Uniform Commercial Code Revised Article 9 Section 9-109 and the Code comments to the section.

Details:

Securities Regulation I ( - 524B) - Spoon, E.

Books: Required:

1) Securities Regulation, 6th ed, by Marc Steinberg. LexisNexis.

2) Securities Regulation, Selected Statutes, Rules and Forms, 2014 Ed., by Thomas Hazen, .West.


Assignment: Read pp. 1-40 in the Steinberg casebook.

Details:

Seminar in Race, Law and American Culture: From Slavery to Post Civil Rights ( - 541S) - Kuykendall, M.

Books: Required:

1. The Racial Contract by Charles Mills, Cornell University. ISBN: 978-0801484636.
2. For Discrimination: Race, Affirmative Action and the Law by Randall Kennedy. Pantheon Books. ISBN: 978-0307907376.

Assignment: WEEK ONE (August 27, 2014): Framing the Theory of American Constitutionalism and the
Western Liberal Political System

Charles W. Mills, The Racial Contract (1999). This book is a critique of the basic political theory around which the Constitution was formed, as well as the theory on which Western liberal democracies are based and on which philosophers of the Western political tradition still base their accounts of liberal societies. It is a good book for several reasons. First, it gives a clear introduction to the theories of the formation of civil society, reasoning from a starting point in a state of nature (John Locke, Rousseau) (“the social contract”) or the abstract “original position” (John Rawls) to the existence of a political order in which those in a state of nature trade their entire liberty for rules that provide a net benefit for submitting to state authority. Second, it brings attention to the domination of such political theory by white men, who Mills argues do not admit into their theory the facts of racial exclusion and exploitation in the founding of Western political systems. Third, it calls upon a concrete historical reality to demonstrate that liberal political theory explicitly describes and rationalizes a system organized to advance the interests and liberty of white males. The book is thus a sophisticated critique of the racial element in the tradition of Western political philosophy and of the political systems that draw up rationalizing structures devised by such figures as John Locke and, contemporarily, John Rawls. It also points to the habit in Western thought of erasing the realities of race in the formation of existing political systems and, in effect, treating those not incorporated into the system of white dominance as nonexistent.

Professor Mills, who teaches at Northwestern University, has agreed to Skype into the class to talk about his thesis. To prepare, make sure to study the book and formulate questions, including for anything you do not understand. You may challenge him with critical questions about his argument if you feel you have a good basis in your study of the book to probe more deeply into his thinking. Don’t feel shy about speaking.

For biographical material on Charles W. Mills, see http://www.philosophy.northwestern.edu/people/faculty/mills.html .

David Brion Davis, Inhuman Bondage: The Rise and Fall of Slavery in the New World xi-xvi (Selective Calendar of Events), 12-102 (Chapter 1-4).

NOTE ON READING: The Mills book plus the Davis chapters add up to a number of pages. Be strategic about absorbing the critical information in each of these. You need not read every word, but look for means of absorbing the primary theses of each. Davis contains detailed historical information but also carries along a thesis for which Davis is known. He has written later books which develop his thinking further about the moral transformation of thinking about slavery, after slavery had been an accepted human practice for since human history was recorded. Note, please, that the form slavery took in the Western world was different in the totality of the claim on the lifetime servitude of a defined class of people, a class eventually defined by race and subjected to constraints on normal rights even when free, used in a quest for high profits to exploit the resources of the New World.

For the first day, ask yourself what are the primary questions/concerns one would have in trying to understand the history of race in the United States and the present day implications of our racial heritage. What are you curious about? What do you think it’s important to understand about the racial “story” of the U.S., its implications for law and for our culture, and its message to present day citizens? What would you want to understand and to help teach other Americans?

NEXT, As we go along, view the assigned readings as a resource for your investigation of the topics that interest you the most and that help form the basis for your ULWR paper (or other project agreed upon with me). Come see me to discuss readings that would add to your mastering the topic in which you become most engrossed.


Details:

State and Local Government Law ( - 579N) - Ward, G.

Books: Required:

State and Local Government in a Federal System by Mandelker, et.al. LexisNexis 7th ed. ISBN: 978-1422477700.

Assignment: Assignment for 8-25:

Read: The Federalist, Paper Number 10, available on line.
Read “Emerging Issues” in Preface, pp viii-ix; Read pp 19-51; Read and brief (“R/B”) Hunter v. Pittsburgh, p 30; Read Supplement (“Sup”) pp 4-6.


Details:

State and Local Taxation ( - 572B) - Chen, J.

Books: Required:

State and Local Taxation by Hellerstein, Stark,Swain and youngman. 10th ed. West. ISBN: 978-0314286987.

Assignment:

Details: This text will not be available until August, 2014.

Strategic International Transactions ( - 512G) - Bean, B.

Books: No textbooks required.

Assignment:

Details: This course is meant for those who have an interest in matters beyond the borders of the USA. (It is my view that unless one plans to be incarcerated for a lengthy period, such an interest is essential to survival in the coming years.) The seminar is designed to introduce lawyers to selected legal aspects of the most frequently encountered types of strategic arrangements and challenges in international business and international relations. Topics we cover will be dictated in part by the research papers participants in the class undertake. Your principal effort in this course will be your paper, which may deal with any international, transnational, cross-border, inter-galactic or other issue which you and I mutually agree will be worth investigating.

Regardless of whether you are seeking ULWR credit, all papers will require an outline, first draft and a final. See the syllabus on TWEN for deadlines. Non-ULWR papers need not be at least 7000 words. In addition to the paper, each class member will make a formal presentation of the main points of her or his paper. Presentations will be scheduled for the last three class meetings on November, 5, 12 and 19. Your final, paper is due on November 30. Paper topic inspiration can be found on the TWEN site. One topic for the fall will be inequality. Watch for the many news reports discussing Thomas Piketty’s new book, Capital in the 21st Century.


Tax Clinic I ( - 630C) - Wease, J.

Books: No textbook required.

Assignment:

Details:

Tax Clinic II ( - 630D) - Wease, J.

Books: No textbook required.

Assignment:

Details:

Technology Enhanced Trial Advocacy ( - 623G) - Kipp, B.

Books: No textbook required.

Assignment: Students must obtain TrialDirector 6.5 install disk from technology services (Room 208) or from James LaMacchia, Law Library Circulation Desk. Software should be installed by student on laptop and registered with software company prior to first class meeting. Mac users may obtain Windows OS from Tech Services, if needed. Return software CD to instructor on first day of class."

Details:

Technology Enhanced Trial Advocacy ( - 623G) - Kipp, B.

Books: No textbook required.

Assignment: Students must obtain TrialDirector 6.5 install disk from technology services (Room 208) or from James LaMacchia, Law Library Circulation Desk. Software should be installed by student on laptop and registered with software company prior to first class meeting. Mac users may obtain Windows OS from Tech Services, if needed. Return software CD to instructor on first day of class."

Details:

Topics in Criminal Law: The Criminal Jury Today ( - 618) - Grosso&OBrien

Books: Required:

Jury Decision Making: The State of the Science by Dennis Devine. 2012 ed. NY University Press. ISBN: 978-0814720196.

Assignment: DENNIS J. DEVINE, JURY DECISION MAKING: THE STATE OF THE SCIENCE (2012), pp. 1-4; Andrew D. Leipold, Against Nullification; Paul Butler; Race-Based Jury Nullification (with commentaries), in CRIMINAL LAW CONVERSATIONS (Paul H. Robinson, Stephen P. Garvey & Kimberly Kessler Ferzan eds., 2009).


Details:

Torts I ( - 500R) - Ravitch, F.

Books: Required:

Cases and Materials on Torts by Posser, Wade & Schwartz. 12th ed. Foundation Press. ISBN: 978-1599417042.

Assignment: Read pages 1 - mid. 24.

Details:

Torts I ( - 500R) - Payne, K.

Books: Required:

Torts & Compensation by Dobbs, Hayden and Bublick. Concise, 7th ed. West. ISBN: 978-0314278593.

Assignment: Torts - Section 2 - The assignment for the first week of class (classes on August 26 and 28): read pages 3 through 50 in the Dobbs casebook, Torts and Compensation, Concise Seventh Edition and write a case brief for each of the cases. Briefing cases is a skill you will develop over the course of the semester; however, it is important to make your best effort from the very first case. Your briefs should include an accurate statement of the facts including the jurisdiction and parties, the question(s) of law presented, legal rule(s) that decide the case, and the resolution of the dispute.

Details:

Torts I ( - 500R) - Kalt, B.

Books: Required:

Cases and Materials on Torts by Prosser, Wade, Schwartz, Kelly and Partlett's. 12th ed. Foundation Press. ISBN: 978-1599417042.

Assignment: Welcome to law school!

For the first class, the first thing you should do is to very carefully read the class rules (more on that below). After that, please read pages 1-4 and pages 17-24 (up to, but not including, Ranson v. Kitner) in the casebook.

A lot of our time on the first day will be spent on administrative matters and introductory lecture material, but we will get to the assigned reading, and I will be calling on people. Be sure to read the cases very carefully and be prepared to discuss them in detail. Also, as will be true for the entire semester, be sure to read and think about the “Notes and Questions” following each case (though you needn’t track down and read the cases and materials cited in them).

Reading these 12 pages will almost certainly take you longer than you think, and you may still not “get” all of it. That’s completely normal. Just do the best you can and try not to worry. It will get easier. Preparing for my class should be a serious enterprise for you, but not a scary one. Moreover, worrying is a waste of your time, and you will not have much time to spare this semester.

There will be a TWEN site set up for this class by August 15. You must register on it before our first session. The TWEN site will be important and helpful--you will not be able to prepare adequately for the exam without it--so if you have trouble getting set up, seek out the library/technology staff for help.

The syllabus is posted on TWEN; please read the first part of it, which contains the class “ground rules,” before the first class. In particular, please note the laptop policy. There are a lot of other important rules in there too, and I will hold you to them, so don’t just skim them.

If you have any concerns or problems about this or anything else, please feel free to come by my office (415), call me (432-6987) or e-mail me (kalt@law.msu.edu).


Details:

Trial Practice Institute - Trial I ( - 623D) - Aquilina, R.

Books: Recommended:

1. Trial: The Art and Science of Trail Advocacy by Perrin, Caldwell and Chase. LexisNexis. B006O0BWAI. ASSIGNMENT WILL BE FROM THIS TEXT.
2. Trail Notebook by McElhaney. 4th ed. ISBN: B004PTH7X0.
3. Trial Advocacy Before Judges, Jurors and Arbitrators. 3rd ed. Haydock & Sonsteng. ISBN: 978-0314155449.



Assignment: Sign up on the TWEN page for this course.

Print, Organize and Read Case Problem posted on TWEN 8/15/14.

Prepare: 3 proposed themes for Plaintiff and 3 proposed themes for Defendant.

Be prepared to state theme(s) in class for discussion and hand in.

Details:

Trial Practice Institute - Trial I ( - 623D) - Payok, M.

Books: Recommended:

Trial: The Art and Science of Trial Advocacy by Perrin, Caldwell and Chase. Lexis Nexis. ISBN: B006O0PWAI.

Assignment: Sign up on the TWEN site for this course.

Review the case problem on TWEN posted 8/15/14 and prepare to ask questions; review primer on impeachment and Exhibits.

Details:

Trial Practice Institute: Pre-Trial I ( - 623B) - McNally, V.

Books: Recommended: REVISED 8/18/2014

Pretrial by Mauet, 8th ed. Wolters Kluwer. ISBN: 978-1454803034

Assignment: Sign up on the TWEN page for this course.

Review the case problem posted 8/15/14.

Details:

Trial Practice Institute: Pre-Trial I ( - 623B) - Sherman, A.

Books: Recommended: REVISED 8/18/2014

Pretrial by Mauet, 8th ed. Wolters Kluwer. ISBN: 978-1454803034


Assignment: Sign up on the TWEN page for this course.

Review the case problem posted 8/15/14.

Details:

Trial Practice Institute: Expert and Scientific Evidence ( - 623F) - Schafer, R.

Books: Required:

A coursepack will be available at the Spartan Bookstore.

Assignment:

Details:

Urban Food, Farm and Agriculture Law Practicum ( - 566P) - Patel, J.

Books: No textbook required.

Assignment:

Details:

Wildlife Law ( - 565B) - Bambery, C.

Books: Required:

Wildlife Law, Cases and materials by Dale Goble and Eric Freyfogle, 2nd ed., 2010 Foundation Press. ISBN: 978-1599416175.

Assignment: I. Introduction – 8/25

A. Read Geer v. State of Connecticut, 161 U.S. 519 (1896) (Casebook 345‐353).

B. Read Hughes v. Oklahoma, 441 U.S. 322 (1979) (Casebook 382‐388).
Find and read at least one article on the North American Model of Wildlife
Conservation to discuss in class. Rocky Mountain Elk Foundation’s page will give
you a quick introduction to the Model. RMEF ‐ North American Model of Wildlife
Conservation.



Details:

Workers' Compensation ( - 610) - Bruce-Erickson, C.

Books: Required:

Workers' Compensation Cases & Materials by Little, Easton & Smith. 6th ed. West. ISBN: 978-0314187949.

Assignment: Read Chapter 1 in the casebook.

Details:

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