Course Descriptions
[A-B, C-D, E-F, G-H, I-J, K-L, M-N, O-P, Q-R, S-T, U-V, W-X, Y-Z]
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Accounting for Lawyers (2)
502
Concentration(s):Corporate Law
(Formerly DCL 508)
Accounting for Lawyers covers the basic topics in accounting that are relevant to a business lawyer's practice and to other practice areas as well. The class covers principles of double-entry bookkeeping and accrual accounting, GAAP and GAAS. The basic financial statements are studied and basic financial statement analysis is reviewed. More detailed analysis is made of revenue recognition and expense, contingencies and intangibles. Finally, drafting of legal documents using accounting concepts is explored. This course is designed for those students with little or no prior accounting training or experience.
Prerequisite(s):
Top
Administrative Law (3)
532
Concentration(s):Env., Health, Intell Prop
(Formerly DCL 300)
This course involves the study of the administrative process, delegation to administrative agencies of legislative power, procedure before such agencies and judicial review of their actions.
Prerequisite(s):
Top
Admiralty Law (3)
547
Concentration(s):Int'l & Comparative Law
(Formerly DCL 305)
This course will provide an overview of Admiralty law and jurisdiction, with special emphasis on issues related to maritime personal injury, collision, carriage of goods by sea and the creation and enforcement of maritime liens. Attention will be given to maritime practice and procedure, focusing on such issues as removal to federal court, right to jury trial, vessel seizure and attachment, and the perfection of in rem jurisdiction.
Prerequisite(s):
Top
ADR in the Workplace (3)
505D
Concentration(s):
(Formerly DCL 598)
STUDENTS WHO HAVE ALREADY TAKEN ARBITRATION (LABOR) ARE NOT ELIGIBLE TO ENROLL IN THIS COURSE. Arbitration of disputes arising out of collective bargaining agreements has come to be the model for resolving statutory and common law disputes that arise in the nonunion worlplace. Growing reliance on mediation and arbitration hybrids alters the role of advocates and even the definition of employee's legal rights. This course will focus on a wide range of topics-arbitrability determinations, injunctions, duty of fair representation, the doctrine of deferral, the role of external law and whether arbitrators should follow the federal law, the role of precedent in labor and employment law, discipline and discharge, past practice, seniority, management rights, subcontracting, union security agreements and their enforceability, and arbitration in the public sector. We will also examine the current criticism of labor arbitration-its efficiency, honesty and underlying ideology. Finally, we will cover the spectrum of topics associated with individual employment arbitration-judicial application of "Gilmer" and its progeny, the merits and demerits of compulsory arbitration, grievance mediation, and peer review systems.
Prerequisite(s):
Top
Advanced Copyright Law (2)
533X
Concentration(s):
This course looks at advanced copyright issues from the perspective of the management of legal risks in a variety of industries that either hold and rely on rights in copyright works, or which have regular exposure to copyright liability. Thus, rather than simply looking at litigation outcomes, the course will look at copyright disputes and consider what the parties might have done, substantively or procedurally (from a copyright perspective, not a litigation perspective), to achieve a different or more certain outcomes. This class will thus assume basic knowledge of copyright law.
Prerequisite(s):
Top
Advanced Legal Research (2)
586
Concentration(s):
(Formerly DCL 509)
The course will focus on the process and goals of legal research. Special emphasis will be placed on Internet research, but instruction will be based on function rather than format. Students will learn how to find information through the Web, on Lexis and Westlaw, and in paper. By contrasting form, speed, cost and accuracy, students will learn how to integrate these sources for the most comprehensive and economical research product. Equal emphasis will be placed on conceptual structure and practical application.
Prerequisite(s):
-Research, Writing and Advocacy I
-Research, Writing and Advocacy II
Top
Advanced Legal Writing - Pretrial Litigation (3)
586A
Concentration(s):
This course emphasizes advanced legal writing, research and oral presentation within the litigation context. The course structure and substantive material would parallel the litigation process from the client interview and drafting of pleadings through the motion for summary judgment. Students will gain experience in the types of writing that attorneys typically engage in during the pretrial phase of civil litigation. Coursework will involve research, initial drafts and final revisions of documents, in-class discussion of litigation strategies and peer review of written materials. Students will also be exposed to practical considerations and ethical issues that may arise in the course of civil litigation. Documents students may draft include a demand letter, a complaint, answer to complaint, and discovery documents such as interrogatories, document requests, and responses to interrogatories and document requests. Students will draft a motion for summary judgment (and response) and possibly a settlement agreement. A portion of the course will also be reserved for oral skills such as arguing a summary judgment motion and/or the taking of depositions. Students enrolled in the TPI are not eligible to take this course.
Prerequisite(s):
-Research, Writing and Advocacy I
-Research, Writing and Advocacy II
Top
Advanced Patent Law (2)
533A
Concentration(s):
(Formerly DCL 430)
This seminar course analyzes advanced patent practice including litigation, prosecution before the U.S. Patent and Trademark Office, opinion preparation and recently developing topics. A research paper is required. No technical degree is necessary.
Prerequisite(s):
Top
Advanced Securities Regulation (2)
503
Concentration(s):
(Formerly DCL 546)
This course will address evolving market structures; broker-dealer regulation and inter-relationships with brokerage firms, issuers and customers; investment adviser regulation; advanced issues in private placement; recent developments in SEC investigations, enforcement proceedings and related criminal actions; public company regulation; and professional obligations for attorneys and accountants.
Prerequisite(s):
-Securities Regulation I
Top
Advanced Topics in Indian Law (2)
635A
Concentration(s):
(Formerly DCL 563)
Provides an opportunity for in-depth discussion and examination of current legal issues of federal and tribal law in Indian country including tribal gaming and economic development, tribal policy and governance, treaty rights, international indigenous peoples, and other contemporary topics.
Prerequisite(s):
-Federal Law and Indian Tribes
Top
Advanced Topics in Indian Law: Indian Gaming (2)
635A
Concentration(s):
This course will introduce students to the unique legal issues that govern Indian gaming activities. Indian Gaming has been the largest economic development tool available to Indian tribal governments over the past 30 years. Today, the Indian gaming industry generates more than $25 billion per year, nationwide. Students in this class will learn about the federal and tribal regulatory structures that govern tribal gaming, the interplay of federal, state, tribal, and local laws in this regulatory structure, the process by which tribes and states negotiate gaming compacts, and the nuanced classification of tribal gaming activities. It is highly recommended that you have taken Federal Law and Indian Tribes as a pre-requisite. See Prof. Fletcher for an override if you have not taken this course.
Prerequisite(s):
-Federal Law and Indian Tribes
Top
Air Pollution Law and Policy (2)
564
Concentration(s):
(Formerly DCL 586)
This course offers an overview of the regulatory regime governing air quality in the United States at the federal and local level. The semester will begin with an examination of the historical and contemporary role of common law doctrines in air pollution regulation and continue with a comprehensive introduction to the regulatory program created under the Federal Clean Air Act. Topics to be covered in this connection include the setting and implementation of National Ambient Air Quality Standards for conventional air pollutants, and the regulation of hazardous air pollutants and greenhouse gases. Discussion will highlight pertinent policy debates over the benefits of different regulatory instruments (e.g. risk versus technology standards), the potential and limits of market-based alternatives to direct regulation, and environmental justice critiques of current practices.
Prerequisite(s):
Top
American Legal History Seminar (3)
636
Concentration(s):
(Formerly DCL 552)
This seminar will analyze the tension between the rights of the individual and the role of government in society as the central theme in the development of the American legal system. Rather than a strict chronological review, the course will consist of a series of studies of the development of legal and political institutions and their effect on the citizenry. Classes will be discussion-based and will rely on extensive reading of original sources. Students should gain an understanding of how the evolution of legal rules reflects institutional change, and should learn to see law as a dynamic process rather than a collection of static concepts.
Fulfills ULWR
Prerequisite(s):
-Constitutional Law I
Top
Analytical Methods for Lawyers-Corporate Finance (1)
637C
Concentration(s):
Condensed principles of corporate finance to serve as a primer that provides law students the tools necessary to succeed as 'lawyers' in the various legal fields that use these principles.
Prerequisite(s):
Top
Analytical Methods for Lawyers-Game Theory (1)
637D
Concentration(s):
(NEW course as of Spring 2006)
Condensed principles of game theory to serve as a primer that provides law students the tools necessary to succeed as 'lawyers' in the various legal fields that use these principles.
Prerequisite(s):
Top
Analytical Methods for Lawyers-Microeconomics (1)
509A
Concentration(s):
(Formerly DCL 607A)
Condensed principles of microeconomics to serves as a primer that provides law students the tools necessary to succeed as 'lawyers' in the various fields that use these principles.
Prerequisite(s):
Top
Analytical Methods for Lawyers-Statistics (1)
509B
Concentration(s):
(Formerly DCL 607B)
Condensed principles of statistics to serve as a primer that provides law students the tools necessary to succeed as 'lawyers' in the various legal fields that use these principles.
Prerequisite(s):
Top
Animal Law (2)
565A
Concentration(s):
(Formerly DCL 501)
A survey of animal legal issues including property status, zoning, and cruelty laws. Paper required.
Prerequisite(s):
Top
Antitrust Law (2)
504
Concentration(s):
(Formerly DCL 310)
This course will explore problems respecting monopoly, price fixing, horizontal and vertical restraints on trade, mergers and the impact of patents. It also will examine regulation of price discrimination under the Robinson-Patman Act.
Prerequisite(s):
Top
Appellate Practice (2)
589
Concentration(s):
(Formerly DCL 544) Appellate Practice is a course designed to consider procedural issues that typically arise from the conclusion of trial proceedings and through the appellate process. It will cover appellate issues
chronologically, beginning with finality of judgments at the trial court level, and cover such topics as standards of appellate review, interlocutory appeals, preservation of error, and other issues that are important for appellate practice.
Prerequisite(s):
Top
Applied Evidence (2)
590A
Concentration(s):
(Formerly DCL 453)
One of the biggest observed deficiencies of many trial attorneys is their lack of understanding of how to use the rules of evidence. This course is an intensive exploration of evidentiary principles as they are played out in the context of a trial. This course gives the student experience at both making and arguing objections. It will benefit any student intending to be a litigator.
Because this course duplicates the content of courses in the Geoffrey Fieger Trial Practice Institute program, students in the FTPI may not receive academic credit for this course.
Prerequisite(s):
-Evidence
Top
Arbitration (3)
505A
Concentration(s):
(Formerly DCL 569)
A course dealing with all aspects of arbitrating disputes under collective bargaining agreements, including judicial review of arbitration procedures and analyseis of the concepts applied by arbitrators in reaching their respective decisions. Students will have an opportunity to observe an actual arbitration in process and participate as an advocate in a mock arbitration.
Prerequisite(s):
-Evidence
Top
Arbitration (Labor) (2)
505B
Concentration(s):
(Formerly DCL 315)
The study of current thinking of arbitrators interpreting collective bargaining agreements including techniques of opinion writing and advocacy before labor arbitrators. The course focuses on collective bargaining agreements, whether an issue is subject to arbitration, timelines for filing an arbitration, the burden of proof, quantum of proof, the concept of discipline and just cause, as well as contract interpretation. Students will participate in mock trials and will be responsible for drafting an arbitration opinion as a class assignment.
Prerequisite(s):
Top
Assisted Reproductive Technologies Seminar (2)
558N
Concentration(s):
This seminar will examine the legal, medical, and ethical issues surrounding assisted reproductive technologies.
Prerequisite(s):
Top
Basic Bankruptcy (3)
506C
Concentration(s):
(Formerly DCL 572)
This course provides students with understanding of bankruptcy law, bankruptcy code and debtor/creditor relations.
*This course is being replaced by Consumer Bankruptcy (506E) and Chapter 11 Reorganization (506F) beginning Fall 2009.
Prerequisite(s):
Top
Basic Income Taxation A (2)
501A
Concentration(s):Tax
(Formerly DCL 249)
A survey course introducing the basic concepts of federal income taxation.
Students will gain an understanding of the concepts of gross income, exclusions
from income, capital gains and losses, and deductions. Students will also be
exposed to tax issues that arise in the general practice of law, including for
example, tax consequences upon the sale of a residence, upon divorce and in
personal injury cases. Students will develop facility in analyzing both cases and
statutes.
NOTE: Students that enroll in Basic Income Taxation A are ineligible to enroll in Basic Income Taxation B.
Prerequisite(s):
Top
Basic Income Taxation B (3)
501B
Concentration(s):Tax
(Formerly DCL 250)
Like Basic Income Taxation A, this course introduces the basic concepts of federal income taxation. Basic Income Taxation B, however, goes beyond a survey course by a rigorous examination of technical tax issues, including a focus on solving complex tax problems. This course is ideal for students interested in pursuing legal practice in the tax or business fields. Students will be exposed to the same topics covered in Basic Income Taxation A, but will also study other topics, such as business and profit-seeking expenditures, capital expenditures, depreciation, recapture, the home-office deduction, non-recourse debt and limitations on tax shelters. In resolving problems, students will have ample opportunity to develop facility in interpreting complex statutes and in applying law from various additional sources.
NOTE: Students that enroll in Basic Income Taxation B are ineligible to enroll in Basic Income Taxation A.
Prerequisite(s):
Top
Basic Will Drafting (3)
540A
Concentration(s):
(Formerly DCL 391)
This course is designed to familiarize students with the interviewing function and the drafting of wills and other basic estate planning vehicles for clients whose estates are not subject to federal estate tax. An evaluation of usable forms and discussion of when and how to use them intelligently will be a focus of the course. A client interview and drafting exercises, including an entire basic estate plan, are contemplated. Prerequisite: Decedents' Estates and Trusts
Prerequisite(s):
-Decedents' Estates and Trusts
Top
Bioethics and the Law (2)
558A
Concentration(s):
(Formerly DCL 339)
Analysis of legal, ethical and economic problems generated by current and projected advanced in biomedical technologies; mind/behavior control by psychotropic intervention with organic therapies; genetic control through molecular biology and reproductive technology; life prolongation; reconstructive medicine and termination of life; and regulation and support of biomedical research and experimentation.
Prerequisite(s):
Top
Biotechnology and Pharmaceutical Patents (2)
534
Concentration(s):
Pharmaceutical and Biotechnology Patents examines the law that governs patents of pharmaceutical and biotechnology inventions and their commercial applications. In order to understand how and why US patent law protects such inventions-and in what ways the law will evolve in this rapidly expanding and increasingly important field-the course will study in depth the policies that underlie the legal framework, exploring the scientific, economic, and political issues that inform the debates in this area. Finally, students will also learn about the different types of patent protection throughout the world, and about the increasing number of international agreements that are playing an important role in the evolution of the world economy. The purpose of this course is to give students a working knowledge of the domestic and international patent protections of pharmaceutical and biotechnology inventions so that they may effectively represent clients today or participate in the ongoing policy debates that will determine how these legal rights are defined tomorrow.
Prerequisite(s):
Top
Business Enterprises (4)
500M
Concentration(s):
(Formerly DCL 409)
This course discusses issues relevant to the laws of agency, partnerships, sole proprietorships and closely held corporations.
Prerequisite(s):
Top
Business, Securities and Tax Planning (2)
507
Concentration(s):Tax
(Formerly DCL 440)
The course will deal with problems of corporations and, to a lesser extent, partnerships in the areas of organization, allocation of control, issuance of securities, use of debt and equity financing, dividends, acquisitions and sales of businesses, liquidation and dissolution, and mergers. Some drafting and legal research will be involved. The course will be taught both by lecture and through student participation.
EITHER Basic Income Tax A or Basic Income Tax B AND Business Enterprises fulflls the prerequisite.
Prerequisite(s):
-Basic Income Taxation A
-Basic Income Taxation B
-Business Enterprises
Top
Canadian Charter of Rights (2)
548A
Concentration(s):Int'l & Comparative Law
(Formerly DCL 340)
This course will provide a general introduction to the principles of the Canadian Charter of Rights. Among the topics to be covered will be the fundamental freedoms under the charter, democratic rights, mobility rights, legal rights, language rights, equality rights, enforcement and application of the charter, and the override clause.
Prerequisite(s):
Top
Canadian Summer Law Placement (6)
634
Concentration(s):Int'l & Comparative Law
(Formerly DCL 392)
This course primarily involves a closely monitored placement during the summer in Canada under the sponsorship of outstanding Canadian lawyers, judges or members of Parliament with legal affair responsibilities. An intensive introductory course by Canadian law faculty on Canada and the Canadian legal system precedes the individual placements, which are accompanied by weekly seminars, a Canadian speakers program and cultural field events. Students will complete two thoughtfully researched papers on legal issues of current interest in Canada.
Prerequisite(s):
Top
Chapter 11 Reorganization (3)
506F
Concentration(s):
This course provides an in-depth examination of the issues that arise inside Chapter 11. The course focus is transactional. The students will have to draft various documents, including a chapter 11 plan for a hypothetical debtor. Students who have taken Basic Bankruptcy (LAW506C) may be ineligible to take this course, so approval from the professor must be obtained to enroll.
Prerequisite(s):
-Consumer Bankruptcy
Top
Child Advocacy (2)
541A
Concentration(s):
(Formerly DCL 446)
This class is designed to acquaint future attorneys and social workers with their unique roles and responsibilities in representing and advocating for children and families as they interact with the state government: its departments, agencies, laws and rules.
Prerequisite(s):
Top
Civil Procedure I (3)
500A
Concentration(s):
(Formerly DCL 121)
A survey of civil procedure from selection of an appropriate forum through pleading and joinder. Areas considered include jurisdiction, venue, choice of law, pleadings, joinder of claims and joinder of parties. Primary emphasis is placed on the Federal Rules of Civil Procedure with some discussion of state deviations from the federal model.
Prerequisite(s):
Top
Civil Procedure II (3)
500B
Concentration(s):
(Formerly DCL 122)
A continuation of Civil Procedure I covering discovery, summary and default judgment, pretrial proceedings, trial by jury, trial practice, post-trial motions, appeals, and the doctrines of issue and claim preclusion.
Prerequisite(s):
-Civil Procedure I
Top
Civil Rights Seminar (2)
579B
Concentration(s):
(Formerly DCL 317)
The vast majority of civil rights claims are brought either under §1983 (violations by state actors) or through Bivens actions (violations by federal actors). Indeed, these claims account for approximately 25% of the cases pending on federal court dockets. Federal courts have developed a bewildering array of procedural hurdles under these relatively straightforward provisions, and in this seminar we will examine those procedures, looking both at the procedures themselves and at the philosophies they reflect. Students' grades will be based on class participation, a paper and a project. Students will have their choice of paper topics (subject to professors approval), but the project topic will involve a motion and brief for summary judgment and will be assigned by the professor.
Prerequisite(s):
Top
Civil Trial Advocacy I (2)
587B
Concentration(s):
(Formerly DCL 472)
Evidence may be taken concurrently with Advocacy I, but extra preparation may be necessary.
Advocacy I begins your journey into civil trial practice. Using a circuit court forum and the Michigan Court Rules, we will explore discovery in the context of a typical case from the filing of a complaint to the first day of trial. Students will draft complaints, answers and affirmative defenses, propound written discovery, take fact and expert dipositions, prepare and argue motions and mediation, and prepare for trial. There will be role-play as plaintiff or defense counsel. The final grade is a compilation of oral in-class performance and participation, and written assignments.
Because this course duplicates the content of courses in the Geoffrey Fieger Trial Practice Institute program, students in the FTPI may not receive academic credit for this course.
Prerequisite(s):
Top
Civil Trial Advocacy II (2)
587C
Concentration(s):
(Formerly DCL 411)
Civil Trial Advocacy II continues your journey into civil trial practice. Using a circuit court forum and the Michigan Court Rules, we will explore trial practice in the context of a typical tort case from the first day of trial to closing arguments. Students will engage in all aspects of trial practice, oral and written, and take a case through trial. Students will be assigned the role of plaintiff or defense counsel. In-class performance and written assignments will be individually graded. The final grade is a compilation of these.
Because this course duplicates the content of courses in the Geoffrey Fieger Trial Practice Institute program, students in the FTPI may not receive academic credit for this course.
Prerequisites are Civil Procedure II, Evidence and Civil Trial Advocacy I or a complete understanding of the Michigan Court rules regarding discovery.
Prerequisite(s):
-Civil Procedure II
-Civil Trial Advocacy I
-Evidence
Top
Client Counseling and Interviewing (2)
591A
Concentration(s):
(Formerly DCL 450)
This course adopts a client-centered approach in looking at legal problems and examines how to make clients partners in problem solving. Attention is paid to the economic, social and psychological aspects of clients' legal problems. The course starts with an examination of fundamental counseling skills, followed by an analysis of the information gathering process and ultimate decision making.
Because this course duplicates the content of courses in the Geoffrey Fieger Trial Practice Institute program, students in the FTPI may not receive academic credit for this course.
Prerequisite(s):
-Civil Procedure I
-Evidence
Top
Closely- Held Business: Shareholder and Member Disputes (2)
593J
Concentration(s):
This course will examine the common problems, issues, actions, and defenses associated with closely-held business owner’s disputes in both a corporate and limited liability company context utilizing Michigan Law as an example. The course will review these problems and issues from an owner’s perspective as well as from the business’s perspective. This course is designed for those students desiring to become transactional business attorneys to give those students a working knowledge of the basics of this area of the law so that they may consult with business owners both before and after disputes arise, provide strategic and interpretive support to litigation attorneys in the advent of litigation amongst owners, and draft appropriate entity governance documents. A segment of the course will also discuss measures and actions that may be taken to prevent, minimize, or discourage disputes. This will be an interdisciplinary course where students will be able to use concepts of tort, contract, real estate, corporate, limited liability company, employment, tax and potentially many other areas of law. Classroom panel discussions based on actual Michigan case complaints and a final paper will be required in lieu of a final examination.
Prerequisite(s):
-Business Enterprises
Top
Commercial Transactions (3)
501C
Concentration(s):
(Formerly DCL 201)
*This course is being replaced by Sales and Leases (501F) and Payment Systems (501G) beginning Fall 2009. Covers aspects of the Uniform Commercial Code: the process of selling goods, under Articles 2 and 6; the process of paying for goods with commercial paper, under Articles 3 and 4; the process of shipping and storing goods, under Article 7; and a brief excursus into letters of credit and investment securities, under Articles 5 and 8.
Prerequisite(s):
-Contracts II
Top
Communications Law and Policy (3)
533Q
Concentration(s):
(Formerly DCL 588) Examines the regulatory regimes governing the major modes of communications in the United States, including wireline telephony, wireless telephony, the internet, broadcast and cable. Particular attention will be given to the economic rationales for and critiques or regulation. Readings and class assignments will focus on current legal and regulatory debates in communications policy to provide students with a practical introduction to regulatory law.
Prerequisite(s):
Top
Complex Civil Litigation (2)
591B
Concentration(s):
(Formerly DCL 528)
Suggested Prerequisites: Civil Procedure I & II.
This class will examine advanced civil procedure topics that arise in the context of complex civil litigation. Course materials will likely include a case study of a mass tort lawsuit (utilizing Jonathan Harr's A Civil Action (Vintage Press, 1996) and Grossman & Vaughn's Documentary Companion to a Civil Action (Foundation Press, 1999)) and readings on class actions and multidistrict litigation. Efforts will be made to address real world strategic considerations from both the plaintiff's and defendant's perspectives in complex civil cases.
Depending on the size of the class, the option of writing a paper that satisfies the ULWR in lieu of a final exam may be available.
Prerequisite(s):
Top
Condominium Law (2)
603A
Concentration(s):
(Formerly known as DCL432)
Condominium Law, including the substantive law and practice related to condominiums, with particular emphasis on the Michigan Condominium Act, as amended, homeowners associations, resort developments and mixed use developments. The practical considerations regarding the representation of condominium associations and condominium association developers will also be examined.
Prerequisite(s):
Top
Conflict of Laws (3)
550
Concentration(s):
(Formerly DCL 460)
The course in Conflict of Laws is divided into three parts: (1) personal jurisdiction, (2) choice of law, and (3) full faith and credit to sister-state laws and judgments (i.e., interstate res judicata). The course begins with an examination of the personal jurisdiction of courts and limitations on the exercise of that jurisdiction. The issues to be considered include the following: Where may suit be brought? Given two or more choices of forum, where is it best to bring suit? Next, the course examines the body of common law known as choice of law. The issues we will address include the following: (1) Which states’ rule of decision (substantive law) in a multistate setting is to be applied to resolve a particular dispute, for example, a dispute over a contract entered into in State A but to be performed in State B; a multistate tort, such as defamation; succession of estates with property in several states; and interstate family law (divorce, custody, and support)? (2) When may a state apply its own law to resolve a dispute? (3) When must a state apply federal law or the law of a sister state to resolve a dispute? (4) When must federal courts apply state law to resolve a dispute? Finally, the course addresses issues concerning the recognition and enforcement of sister-state judgments, as well as foreign-country judgments.
The subject of Conflict of Laws is now tested on the essay portion of the bar exam in Michigan, New York, Pennsylvania, New Jersey, Virginia, the District of Columbia, Idaho, Illinois, Rhode Island, Hawaii, New Hampshire, Arkansas, Tennessee and Kentucky. In addition, many jurisdictions (at least 14 as of 2004) have added the Multi-state Essay Examination (MEE) to their bar exam. The MEE is a three-hour standardized exam that consists of six essay questions covering several subjects, including Conflict of Laws.
Prerequisite(s):
-Civil Procedure I
-Civil Procedure II
Top
Constitutional Law I (2)
500C
Concentration(s):
(Formerly DCL 171)
An introduction to American constitutional law. This course surveys the distribution of national powers among the Congress, the president and the federal judiciary. After examining the fundamentals of judicial review and its limitations, the course considers the delegated powers of Congress and the tensions between Congress and the president in the exercise of national powers. The course concludes with an overview of governmental immunities.
Prerequisite(s):
Top
Constitutional Law II (4)
500N
Concentration(s):
(Formerly DCL 172)
A study of procedural and substantive due process of law, equal protection of the laws and the Bill of Rights, including freedom of expression.
Prerequisite(s):
Top
Constitutional Law of the European Union (2)
579V
Concentration(s):
Introduces the EU substantive law of constitutional significance. Coverage will include, though not be limited to, such topics as the European Union’s path of legal integration; the institutional structure of the EU; the European Union’s sources of law and its substantive, temporal and territorial jurisdiction; the fundamental documents of the European Union including its (nearly adopted) “Constitution”; the main substantive principles underlying EU Law and the role of EU law in the domestic law of Member states; enlargement of the European Union and options of its institutional reform. A student may not take both this course and European Union Law.
Prerequisite(s):
Top
Constitutional Law Seminar (2)
579C
Concentration(s):
(Formerly DCL 393)
(Formerly Known As: Constitutional Theory Seminar)
This seminar on constitutional theory goes beyond the doctrinal analysis of the topics covered in introductory constitutional law courses to ask deeper normative questions about the United States constitutional system.
Prerequisite(s):
Top
Constitutional Law Topics: Comparative Constitutional Law (3)
551A
Concentration(s):
(Formerly DCL 529)
A study of constitutional problems from Canada and Mexico compared to the United States.
Prerequisite(s):
Top
Constitutional Law Topics: Free Expression (2)
551B
Concentration(s):
(Formlery DCL 554)
The course focuses on the theory and history of speech.
Prerequisite(s):
Top
Construction Law (2)
601
Concentration(s):
(Formerly DCL 314)
A survey of legal issues with respect to the construction industry. Topics discussed include bid errors, contract disputes, and payment issues. Students will be given an overview of project delivery systems, and the contract clauses found in proprietary and industry standard contract documents. The requirements of the Michigan Lien Law, and other construction related statutes, will be reviewed and discussed.
Prerequisite(s):
Top
Consumer Bankruptcy (3)
506E
Concentration(s):
This course examines a portion of state debt collection law and a basic overview of bankruptcy fundamentals with a focus on consumer bankruptcy practice under Chapters 7 and 13 of the Bankruptcy Code. While there are no prerequisites, it is strongly recommended that students take Secured Transactions either prior to or at the same this course is taken. Students who have taken Basic Bankruptcy (LAW506C) may be ineligible to take this course, so approval from the professor must be obtained to enroll.
Prerequisite(s):
Top
Consumer Law (2)
593G
Concentration(s):
This course examines special requirements for consumer transactions. It includes deception in the marketplace, including many disclosure requirements; credit (discrimination, accuracy, and other limitations),; debt collection practices; and consumer remedies. Both federal and state laws will be covered. One focus will be how these requirements supersede normal contract, tort, and property laws. Civil, administrative, and criminal actions will be addressed.
Prerequisite(s):
-Contracts I
-Contracts II
-Property
-Torts I
Top
Contract Drafting (3)
594A
Concentration(s):
(Formerly DCL370) The specific purpose of this class is to use contract principles that the student has learned in the first year as a vehicle to develop the student's abilities as a planner and counselor. It will involve the study of some of the common pitfalls encountered in contract drafting and called upon to perform specific exercises in which the student will use her/his basic knowledge of contracts to draft various documents. In the course of the drafting, the student will be required to predict what may happen, provide for that contingency and attempt to protect the client.
Prerequisite(s):
-Contracts I
-Contracts II
Top
Contract Theory Seminar (2)
594B
Concentration(s):
(Formerly DCL 600)
This course will explore the theoretical and jurisprudential basis for enforcement of promises. Readings and discussions will address historical and anthropological conceptions of contract, comparative analyses of the civil and common law of contracts and gift promises, theoretical justifications for state enforcement of promises and modern challenges to contract doctrines and principles such as freedom of contract and private autonomy.
Prerequisite(s):
-Contracts I
-Contracts II
Top
Contracts I (3)
500D
Concentration(s):
(Formerly DCL 101)
A study of the basic law relating to the formation of a contract. With respect to the creation of a contract, capacity, mutual assent, consideration and compliance with formalities are discussed. Article 2 of the Uniform Commercial Code is integrated with common law contract principles throughout the course.
Prerequisite(s):
Top
Contracts II (3)
500E
Concentration(s):
(Formerly DCL 102)
Continues the survey of many basic contract issues, including the avoidability of contracts; the Statute of Frauds requirement; the process of determining the total contract obligation of the parties; the determination of proper performance of contracts, contract breaches and related doctrines; and the available legal redress for contract breaches.
Prerequisite(s):
-Contracts I
Top
Copyright Law (3)
533B
Concentration(s):
(Formerly DCL 375)
According to Article 1, Section 8, Clause 8 of the U.S. Constitution, Congress has the power to promote the "progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." Congress has adopted copyright statutes to protect forms of expression, which include computer software. This course will explore the history of copyright protection, with a particular emphasis on entertainment litigation.
Prerequisite(s):
Top
Corporate Finance (3)
508B
Concentration(s):
(Formerly DCL 380)
In Corporate Finance the principles of accounting and valuation and the basic financial environment of closely held companies and public companies will be examined. Building on this foundation, the fundamental issues surrounding common stock, preferred stock and debt will be analyzed. Finally, all these fundamentals will be applied in examining financial issues with mergers and acquisitions and tender offers and in understanding how "deals" are done. Students who have not taken Business Enterprises are permitted to enroll in this course if they are simultaneously enrolled in Business Enterprises.
Prerequisite(s):
-Business Enterprises
Top
Corporate Income Taxation (3)
508C
Concentration(s):Tax; and also Corporate
(Formerly DCL 465)
The course will focus on federal income taxation of corporations and shareholders, the tax consequences of choice of entity, the formation and liquidations of corporations, the taxation of corporations and shareholders, and the tax aspects of S corporations. EITHER Basic Income Tax A OR Basic Income Tax B fulfills the prerequisite.
Prerequisite(s):
-Basic Income Taxation A
-Basic Income Taxation B
Top
Corporate Law and Policy Seminar (2)
508D
Concentration(s):
(Formerly DCL 483)
The seminar will cover selected corporate law topics, chosen to allow students an engagement with the deeper logic of corporate law and to reflect the evolving treatments of such issues by policy makers and scholarly writers. Historical perspective will be provided, as well as a sense of which issues are of contemporary interest. The materials will consist of statutes, law review articles, policy proposals and other readings. There are no prerequisites to take the course, although a prior course in corporate law is useful.
Prerequisite(s):
Top
Corporate Law and Policy: Doing Business in Transitional Political Systems (3)
508G
Concentration(s):
(Formerly DCL 592C)
This course will examine "corruption", principally in an international context. Within the past decade corruption has received increased attention from international agencies and NGO's and has become a major focus for lawyers as well as for those in government and business. We will consider: what constitutes corruption?; how, why and where it occurs?; and given its pervasiveness , should we care? We shall then consider specific instances. Students will have the opportunity to focus on how corruption is perceived and dealt with in a country in which they have a particular interest. A classroom presentation and paper will be required in lieu of a final examination.
Prerequisite(s):
Top
Courts and Social Policy Seminar (2)
619
Concentration(s):
(Formerly DCL 593)
This course examines the policy-making function of courts. The semester will begin with discussion of the theoretical arguments for and against judicial intervention in policy disputes. Next we’ll turn to empirical studies of the impact of judicial intervention in a number of policy spheres: school integration, school finance, comparable pay, pollution control, prison conditions and abortion. Throughout our discussion will revolve around two sets of questions. The first will pertain to what distinguishes judicial policy making from that of legislatures and agencies. The second will consider the evidence on the capacity of courts to shape and implement policy reforms.
Prerequisite(s):
Top
Criminal Law (3)
500F
Concentration(s):
(Formerly DCL 131)
An examination of the criminal justice system, including emphasis on the role of defense counsel and prosecutor; the adversary system; ethical considerations; sources and aims of the criminal law and construction of criminal statutes; specific crimes against person, property and the state; inchoate crimes; defenses negating culpability; and the principles of responsibility and justification.
Prerequisite(s):
Top
Criminal Procedure I (3)
616B
Concentration(s):
(Formerly DCL 303)
A close examination of power and limitations in gathering evidence, proceedings before trial, essentials of a fair trial, post-conviction powers and limitations, quasi-criminal proceedings and pretrial detention.
Prerequisite(s):
Top
Criminal Procedure II (3)
616C
Concentration(s):Criminal Law
(Formerly DCL 580)
This course examines various issues associated with the criminal trial process in the federal courts. The course will study issues such as the exercise of prosecutorial discretion, bail and pretrial detention, discovery, the plea bargaining process, speedy trial rights, and the federal sentencing guidelines
Prerequisite(s):
Top
Criminal Trial Advocacy I - PreTrial (2)
617A
Concentration(s):
(Formerly DCL 470)
This practical course is designed to familiarize the student with the criminal justice process. The course consists of lectures and exercises covering criminal case initiation, the initial appearance, indictments, plea negotiations, pretrial discovery and pretrial motions leading up to up to a trial. Special emphasis will be placed on criminal procedure.
Because this course duplicates the content of courses in the Geoffrey Fieger Trial Practice Institute program, students in the FTPI may not receive academic credit for this course.
Prerequisite(s):
-Criminal Law
Top
Criminal Trial Advocacy III Post-Conviction Remedies (2)
617C
Concentration(s):
(Formerly DCL 433)
This course focuses on the representation issues raised during the critical stage of sentencing. The following topics are covered: duties/function of counsel, statutes, types of sentencing, indeterminate sentencing, length, sentencing plan, credit for time served, concurrent/consecutive, PSIs, considerations, habitual offender, altering sentences, probation, violations, restitution, alternatives, plea bargaining, guilty pleas, Proposal B, good time); sentencing guidelines demonstration; post-conviction motions; criminal appeals; parole; habeas corpus, state and federal; prisoners' rights; and sentencing reform/capital punishment.
Prerequisite(s):
Top
Criminal Trial Advocacy II Trial (2)
617B
Concentration(s):
(Formerly DCL 471)
This course is designed to develop the student's trial skills for criminal law practice. The course consists of lecture and participation in practical exercises covering opening statements, introduction of evidence, direct and cross-examination, and closing arguments. Each student, paired with a trial partner, will be required to complete a criminal trial final exam against a second pair of students. Students may take the prerequisite, Evidence, concurrently.
Because this course duplicates the content of courses in the Geoffrey Fieger Trial Practice Institute program, students in the FTPI may not receive academic credit for this course.
Prerequisite(s):
-Evidence
Top
Cyber Law (3)
533C
Concentration(s):
(Formerly DCL 455)
THIS COURSE MAY BE OFFERED AS EITHER 2 OR 3 CREDITS.
This course gives a broad overview of some of the main areas in which technology has challenged traditional legal doctrines and the way we practice law. Technology law is more than just "computer law" or "cyberlaw." It is Internet law and information law. Some of the topics that will be covered are: 1) privacy issues; 2) liability of online information providers; 3) conducting business in cyberspace; 4) Internet and computer use policies in business, university and government; 5) cybercrimes and law enforcement; 6) technology license agreement and software purchase contracts; and 7) using computer-generated evidence or data.
Prerequisite(s):
Top
Decedents' Estates and Trusts (4)
501D
Concentration(s):
(Formerly DCL 210)
A study of the pattern of practices for transmitting wealth in view of death. The course surveys probate jurisdiction and administration; intestate succession; limitations on testamentary power; execution requirements for wills; revocation, revalidation and revival of wills; incorporation by reference; contest of wills and related remedies. Also covered are the private express trust, inter vivos and testamentary, including functions, prohibited trust purposes and requisites for creation; informal and incomplete trusts, including resulting, constructive and savings bank trusts; termination of trusts; gifts to charity, including historical backgrounds, nature of charitable purposes
and cy pres; powers and duties of the fiduciary; and remedies of beneficiaries in case of breach of duty.
Prerequisite(s):
Top
Deferred and Executive Compensation (2)
510
Concentration(s):Tax
(Formerly DCL 480)
A study of non-qualified contractual deferred compensation arrangements (including insurance-funded plans), certain basic insurance benefit plans (such as group term, group permanent and split-dollar insurance plans), restricted property compensation arrangements (such as cash profit sharing, phantom stock and performance share plans), qualified and non-qualified stock options, and qualified retirement programs (including pension, profit sharing, and thrift and stock purchase plans). EITHER Basic Income Taxation OR Basic Income Taxation B fulfills the prerequisite.
Prerequisite(s):
-Basic Income Taxation A
-Basic Income Taxation B
Top
Directed Study (0)
624
Concentration(s):
(Formerly DCL 690)
Students may receive credit for research and writing in areas of interest to them. This must be worked out in advance with a member of the full-time faculty. Ordinarily a paper of at least 20 pages is required, not counting endnotes, for two hours credit. A maximum of four credit hours may be applied towards graduation. Students on Reexamination Probation II are ineligible for directed studies.
Prerequisite(s):
Top
Disability Law (2)
511A
Concentration(s):
(Formerly DCL 437)
This course examines the growing area of disability law. Topics to be covered include discrimination based on disability in employment and public accommodations, as well as the requirement for educational institutions to provide special education services to disabled students. Relevant federal and state statutes will be examined, including the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Michigan Persons with Disabilities Civil Rights Act, and the Individuals with Disabilities in Education Act.
Prerequisite(s):
Top
Domestic Violence (2)
541B
Concentration(s):
(Formerly DCL 427)
A historical background of Domestic Violence. Focus will be placed on understanding the nature of domestic violence, the prevention of domestic violence, and the survivor and batterer behavior.
Prerequisite(s):
Top
E-Commerce (3)
533D
Concentration(s):
(Formerly DCL 531)
This course will focus on selected topics that would likely present themselves in the representation of clients attempting to protect their assets, intellectual and other, as they conduct business on the internet. This class is a seminar and will result in the prodluction of a paper by the student. Students will select paper topics from a list provided by the professor. In addition to the production of a paper, students will act as class experts on the topic of their paper. Papers will be presented in class.
The following list is representative of the issues covered in class:
1. The protection of trademarks on line
2. The protection of domain names
3. Contracting online (e.g. Ueta. Esign, ucita, e-mail deals, shrink-wrap)
4. Authentication and digital signature
5. Consumer protection on line
6. Judicial jurisdiction over disputes
7. Privacy
8. Controlling digital goods: copyright
Prerequisite(s):
Top
Education Law (2)
579D
Concentration(s):
(Formerly DCL 456)
An overview of the legal and historical bases of the American education system, its constitutional and statutory underpinnings, and the traditional and evolving distinctions and tensions between public and private, as well as religious and secular, educational systems. The course would examine the educational system from the legal perspective of students, teachers and school administration. Specific topics covered would include freedom of speech, academic freedom, due process, search and seizure, contract and public sector labor law, desegregation and other equal opportunity issues, basic principles of school finance and tort liability.
Prerequisite(s):
Top
Elder Law (2)
541C
Concentration(s):
(Formerly DCL 510)
The purpose of the course is to introduce students to the unique clients needs of the elder client and their families. The elderly pose a unique risk to abuse and victimization, which, while similar to that of a minor, require a recognition of their status as a legally competent adult. The course will address the most salient issues of an elderly client base: the attorney client relationship; the responsibilities and duties imposed by the durable powers statutes, entitlement programs, housing alternatives, Medicaid planning, abuse, guardianships, estate planning and family law issues.
Prerequisite(s):
Top
Election Law (2)
579E
Concentration(s):
(Formerly DCL 318)
This course involves the study of election issues, including voting; redistricting; candidacy, ballots and ballot access; party organization; initiative, referendum and recall; campaign finance; and recounts.
Prerequisite(s):
Top
Employment Law (3)
511C
Concentration(s):
(Formerly DCL 522)
This is an introductory employment law course, which will begin with the
foundations of employment law, including an examination of the employment relationship and terms and conditions of employment. A substantial portion of the course will cover federal legislation and related case law, such as
Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Family
and Medical Leave Act (FMLA), the Occupational Safety and Health Act (OSHA), and the Employee Retirement Income Security Act (ERISA).
Prerequisite(s):
Top
Energy Law and Policy (2)
566J
Concentration(s):
The course will explore the evolution, nature and purpose of federal and state regulation of the natural gas and electric power industries in the Unites States. Particular emphasis will focus on the regulatory agencies themselves, both state and federal.
Prerequisite(s):
Top
Entertainment Law (2)
520
Concentration(s):
(Formerly DCL 511)
This course surveys legal issues involved in the entertainment industry, including acquisition of rights, copyright, music publishing, event promotion, contracts and remedies. The course will include a number of guest speakers active in the industry.
Prerequisite(s):
Top
Environmental Law (3)
566A
Concentration(s):
(Formerly DCL 323)
A broad-based study bringing in elements of economics, ecology, politics and philosophy. Focus will be on our society's legal response to the pollution problem. Federal laws such as the Clean Air Act, National Environmental Policy Act, TCTA and CERCLA will be discussed.
Prerequisite(s):
Top
Equity (3)
579F
Concentration(s):
(Formerly DCL 333)
Considered are the history and development of equity, equity jurisdiction, remedies available in equity and contempt powers.
Prerequisite(s):
Top
Estate and Gift Taxation (3)
540D
Concentration(s):Tax
(Formerly DCL 381)
This course will examine a decedent's gross estate and the determination of appropriate deductions therefrom, including the marital deduction, as well as how the tax is computed. Issues regarding taxable gifts, deductions, exclusions and exemptions will be explored, as well as computation of gift tax.
Prerequisite(s):
Top
Estate Planning and Drafting Seminar (2)
540B
Concentration(s):Tax
(Formerly DCL 482)
This course focuses on the impact of federal estate, gift and generation-skipping transfer taxes on will and trust drafting. Various aspects of Michigan law and state tax issues also will be covered. There will be several drafting assignments as well as a paper analyzing and making recommendations concerning a complex estate planning problem. EITHER Basic Income Tax A OR Basic Income Tax B fulfills the prerequisite, along with Property and Decedents' Estates and Trusts.
Prerequisite(s):
-Basic Income Taxation A
-Basic Income Taxation B
-Decedents' Estates and Trusts
-Property
Top
Estates and Future Interests Drafting Seminar (3)
540C
Concentration(s):
(Formerly DCL 491)
This is a three (3) hour course with enrollment limited to 15 students. The course is designed to provide an understanding of estates and future interests and how they are used in property transfers. Focus is on intensive in-class drafting of the carefully crafted language necessary for the creation of the various interests by deed, will or trust. The legal and practical consequences of each of the interests created are also studied. It is believed that the in-class drafting component makes for a greater comprehension of the materials. Accordingly, class attendance is strongly encouraged. The course will have a written final examination.
The subject matter of the course is one of examination both on the Multistate Bar Examination and many state essay examinations, including the Michigan Bar Examination. The course should have particular appeal to those who may practice in the areas of real estate law or estate planning.
Prerequisite(s):
Top
European Union Law (3)
548C
Concentration(s):Int'l & Comparative Law
(Formerly DCL 447)
This course provides an introduction to the legal institutions of the European Economic Community. The subjects covered include the Treaty of Rome and other relevant legal instruments, the major institutions and characteristics of community law, internal community policies, external trade policies, competition law and the future of the community. A student may not take both this and Constitutional Law of the European Union.
Prerequisite(s):
Top
Evidence (4)
500P
Concentration(s):
(Formerly DCL 220)
A study of the means and methods of proof or disproof of a proposition as either permitted, required or prohibited under the Anglo-American system of jurisprudence. The rules respecting problems of remoteness and prejudice of evidence, circumstantial proof, the employment of writings, their authentication and proof of their contents. A study in depth of hearsay evidence and its status in the evidence. A thorough inquiry into the so-called "evidential preferences" of our legal system and the deficiencies of hearsay evidence as related to these preferences.
Prerequisite(s):
Top
Evidence Seminar (2)
590B
Concentration(s):
(Formerly DCL 498)
This seminar focuses on the Federal Rules of Evidence. The course begins with some brief review of the Federal Rules, and some analysis of underlying theories of evidence. The main focus of the seminar is on extended role-playing exercises. Individual students serve as reporters for mock revision of rules of evidence that they select, subject to the instructor's consent. Their obligation is to prepare a revised rule and comment, and also to prepare a supporting paper that satisfies the writing requirement. Seminar participants must also, from time to time, comment on others' proposed revisions, in accordance with roles they are assigned to play. One third of the grade is based on students' class participation in general, two-thirds on their performance on their individual projects.
Prerequisite(s):
-Evidence
Top
Family Dissolution Law Reform Seminar (2)
541D
Concentration(s):
(Formerly DCL 312)
This course aims to familiarize students with the current discourse on no-fault divorce law and to engage them in a critical assessment of the need for reform and the many proposals for reform. Students prepare a paper, which they present to the class for comment.
Prerequisite(s):
-Family Law I: Marriage & Divorce
Top
Family Law I: Marriage & Divorce (3)
541E
Concentration(s):
(Formerly DCL 504)
Not a prerequisite for Family Law II.
The study of the substantive requirements of marriage, divorce, allocation of property, alimony, child custody, ante nuptial agreements, and separation agreements.
Prerequisite(s):
Top
Family Law II: Child, Family and the State (3)
541F
Concentration(s):
(Formerly DCL 521)
(NOTE: Family Law I is NOT a prerequisite for this course. Students who have taken Domestic Relations may take this course.)
In Family Law II, we will examine a host of issues confronting today's modern families. For example, we will discuss how to define family - including marriage and parenthood - in the 21st century. Some specific topics include: defining family for distribution of "family" benefits; balancing work and family; paternity; domestic violence; child abuse and neglect; surrogacy; adoption; and artificial insemination.
Prerequisite(s):
Top
Federal Jurisdiction (3)
579G
Concentration(s):
(Formerly DCL 349)
(This is a 2 credit course when taken in Washington D.C.)The focus of this course is the operation of the federal court system. It will cover not only the usual bases of federal court jurisdiction, such as diversity, federal questions and removal, but also other doctrines that impact federal courts, including standing, ripeness, mootness, abstention and state sovereign immunity. Significant attention will be focused on federal litigation under the Civil Rights Acts. This course will be of benefit to those intending to practice in federal courts and to those seeking a federal court clerkship.
Prerequisite(s):
-Civil Procedure I
-Civil Procedure II
Top
Federal Law and Indian Tribes (3)
635B
Concentration(s):
(Formerly DCL 486)
An examination of the law and policy of the United States regarding Indian tribes and their citizen members. Study the relationships between the federal, state, and tribal governments; and examine the source and scope of federal, state and tribal authority in Indian Country
Prerequisite(s):
Top
Food and Drug Law (2)
558B
Concentration(s):
(Formerly DCL 357)
This course is designed to provide a basic working knowledge of domestic laws regulating food, drugs, cosmetics, biologics/blood and medical devices. It has an administrative overtone, providing an understanding of the legislative and regulatory processes through an in-depth look at the relationship between the FDA, industry, consumer interest groups and Congress.
Prerequisite(s):
Top
Franchise Law (2)
513
Concentration(s):
(Formerly DCL 343)
This course provides an examination of the franchise relationship, including the role of trademarks, the statutory hallmark and remedy
provisions, and the government regulations which comprise the system for
distributing goods and services known as franchising. The IFA [International
Franchise Association] estimates that by "2005, franchising will become a $1
trillion-a-year industry, accounting for half of all retail sales."
Prerequisite(s):
Top
Frederick Douglas Team (0)
627D
Concentration(s):
(Formerly DCL547)This course may be offered for 2-4 credits.
This is an inter-law school competition team. Enrollment is through invitation of the board.
Prerequisite(s):
Top
Health Care Fraud and Abuse (2)
558J
Concentration(s):
(Formerly DCL 594)
The course will cover federal and state laws that impose criminal and civil penalties on health care providers for a variety of activities, ranging from payment for referrals to the submissions of false claims. The course would cover the federal and state illegal remuneration statutes, the federal civil monetary penalty and exclusion laws, the federal anti-referral (Stark) law, and the federal false claims laws as they apply to the health care industry.
Prerequisite(s):
Top
Health Care Law (2)
558C
Concentration(s):
(Formerly DCL 458)
THIS COURSE MAY BE OFFERED AS EITHER 2 OR 3 CREDITS.
Survey of major aspects of substantive health care law and regulation. Topics include: 1) Health care economics, including the Employee Retirement Income Security Act, health insurance, Medicare and Medicaid; 2) Health facility regulation, including quality assurance programs, licensing and Medicare-imposed operational requirements; 3) Health professional (practitioner) regulation, including board certification, licensure, medical staff credentialing and corporate practice of medicine; 4) Managed care, including organizational structures, regulation, contracting practices and vicarious liability; 5) Regulation of human subject research; 6) Personal autonomy, surrogate decisionmakers and death and dying; 7) Kickback, Fraud and Abuse and Stark II regulation of referral patterns; 8) Corporate structure and federal tax exemption of health care institutions. Medical malpractice and tort liability will not be emphasized. A final examination is required.
Prerequisite(s):
Top
Health Law Organization and Finance (2)
558K
Concentration(s):
(Formerly DCL 595)
This course will provide and overview of the major organizational and financial structures that operate in the current health care system. A myriad of organizational structurs exist, from various forms of HMOs to PPOs to PHOs, amongst others. Each of these organizational structurs my find financing through an equally complex system of private and public insurance options. Practicing health care attorneys frequently find themselves confronted with complex issues concerning a health care enterprise's organizational structure and financial arrangements. While the general health law survey course touches upon the financing and organization of the health care enterprise, there is insufficient time in that course to adequately deal with the full scope and complexities of these issues. We do not currently have a course that sufficiently covers this material.
Prerequisite(s):
Top
Immigration Law (2)
541G
Concentration(s):
(Formerly DCL 353)
This course is intended to provide a general survey of U.S. immigration law with emphasis on policy issues on the one hand and on the various issues a practicing attorney is likely to encounter on the other hand. The course will cover the entry into the U.S. of non-immigrants such as foreign students, visitors, temporary workers, executives, etc. as well as the entry of immigrants. The course will review the various avenues of immigration such as family reunification, work based immigration, asylum, and refugee petitions. Students will review the admissions of aliens into the U.S. and the possibilities for removal whether at point of entry or later as well as available defenses and waivers to removal. They will analyze the right of immigrants in employments, education, and public benefits, and the interaction of immigration law with constitutional law. The course will also review permanent residency and the route leading to attaining the United States Citizenship. Throughout the course, students will learn about the governmental structure with regulatory and enforcement authority over this complex and ever changing area of the law. Students will be expected to participate in wide-ranging class discussions involving problem solving, case analysis, and policy reviews. The course will follow the material in the book "Immigration and Refugee Policy", (5th edition) by Stephen H. Legomsky and Cristina Rodriguez. To cover as many concepts as possible, only selected material from every chapter will be emphasized. That way, the students will cover every major aspect of immigration law, but without being overwhelmed with too much material in a narrow line of issues.
Prerequisite(s):
Top
Indigenous Law and Policy Center (3)
630F
Concentration(s):
(Formerly DCL 625)
This experiential learning course addresses the issues involved in
creating and operating tribal judiciaries, and the federal, state, and
tribal tax laws that affect tribal governance. Students learn about the
appellate process in tribal court systems, including preparation of
bench memoranda for pending cases in tribal appellate courts. Students
also have the opportunity to assist in developing tribal court
structures and improving tribal court administration. In addition,
students assist in drafting tribal tax codes, creating administrative
tax tribunals, and handling tax controversies for qualifying clients.
Other projects may include legislative and policy work for tribal
governments, including drafting and revising tribal laws and providing
legal assistance regarding land tenure systems.
Prerequisite(s):
Top
Indigenous Law and Policy Center II (3)
630G
Concentration(s):
(Formerly DCL 625A)
Prerequisite(s):
Top
Insurance Law (2)
514
Concentration(s):
(Formerly DCL 379)
This course will offer a student of general topics such as (1) scope and function of insurance, (2) relation of insurer and insured, (3) construction of insurance contracts, (4) governmental regulation of insurance, (5) insurance agency and (6) broad categories of insurance coverage (property, person and liability). Specific areas of study will include insurance of automobiles, homes, commercial property and professional conduct, as well as special topics such as coordination-of-benefits, stacking, subrogation, errors and omissions, environmental coverage, duty-to-defend/reservation of rights, coverage litigation and bad faith/settlement issues. The primary method of instruction will be case study using traditional Socratic classroom techniques with open discussion. The course text will be supplemented with the most recent published appellate cases of significance. The instructor would seek to invite occasional guest lecturers on specific topics from time to time.
Prerequisite(s):
Top
Integrative Law & Social Work (3)
541J
Concentration(s):
(Formerly DCL 474)
The Integrative Law and Social Work Seminar is offered only to law students
and second year master-level social work students accepted into the one-year
Chance at Childhood Program which begins each fall semester.
The spring course is a continuation of this two semester seminar that is
part of the Chance at Childhood Certificate Program. The certificate
program is designed to strengthen the knowledge base, practice and advocacy
skills of law students and master-level social work students interested in
working with abused, neglected and at-risk children and families. The
seminar emphasizes select issues related to child abuse and neglect from a
multi-disciplinary perspective.
Major: CHLD.
Must be in the Child and Family Advocacy Certificate program.
Prerequisite(s):
Top
Intellectual Property and Cultural Protection: Regulating Creativity in an Interconnected World (2)
533Z
Concentration(s):
Three different paradigms for regulating creativity have competed in recent decades:
(1) conventional IP rights premised on economic incentives; (2) collaborative licensing regimes based on “open source” principles; and (3) ownership claims grounded in natural/moral rights. Intellectual property rights have traditionally relied on a utilitarian calculus that grants limited exclusivity as an incentive to induce innovation. The assumption that exclusive rights are needed to encourage creativity has been challenged in recent years by “open source” licensing regimes. From their early roots in the free software movement, open source principles have been applied to everything from biotechnology to beer. Open source proponents often criticize proprietary systems for regulating creativity as inefficient, undemocratic, or even immoral. While open source models often view IP rights as overly protective and counterproductive, IP law have also been criticized for being underprotective from a natural rights perspective. Natural rights paradigms challenge the limitations on IP rights under an incentive model because they view intellectual property as an inalienable moral right, independent of its economic significance. Resisting the globalized comodification of culture, natural rights proponents often insist that the right to control creativity belongs to particular peoples in particular places and inheres in subject matter ranging from the traditional knowledge of rainforest shamans to wine labels used by champagne vintners in France. Readings in this seminar will explore arguments for and against each of these positions as we seek to understand the interface between law and culture, property and creativity.
Prerequisite(s):
Top
Intellectual Property Law (0)
533V
Concentration(s):
(Formerly DCL 321)
This course could be offered for 2 or 3 credits.
This course is a survey of all Intellectual Property law, including patents, copyrights, trademarks, and trade secret law. No technical degree is necessary.
Prerequisite(s):
Top
Intellectual Property Management and Technology Transfer (2)
535
Concentration(s):
(Formerly DCL 597A)
NOTE: MSU LAW SCHOLARSHIPS WILL NOT PAY FOR THIS COURSE. Students who will graduate the same summer that the course is being offered are not eligible to enroll in this course.) This course provides basic education and hands-on experience in various aspects of intellectual property rights and technology transfer. Particular emphasis will be devoted to the day-to-day handling and management of intellectual property in various settings within the context of recent changes in the GATT/WTO Agreement and the Convention on Biological Diversity. The course aims to provide students with the background necessary to effectively advise clients on technology transfer issues and with a more sophisticated understanding of intellectual property licensing issues, strategies and customary business practices in commercializing technology.
Prerequisite(s):
Top
International Banking Law and Finance (2)
548V
Concentration(s):
(NEW course as of Spring 2006)
This course surveys national (US), regional (EU), and supranational cross-border financial legal regimes. Topics include international anti-money laundering and anti-terrorism initiatives, international public finance (World Bank, IMF), and economic sanctions.
Prerequisite(s):
Top
International Business Transactions (3)
512B
Concentration(s):Int'l & Comparative Law
(Formerly DCL 363)
This course examines the legal aspects of international finance, trade and investment using Canadian-U.S. trade as an example. Topics covered include transnational litigation, international rule-making systems, the extraterritorial effect of business laws, currency regulation, technology transfer, foreign investment and protection against loss, governmental immunity, dispute settlement, and relations between developed and developing countries.
Prerequisite(s):
-Public International Law
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International Civil Litigation (3)
548K
Concentration(s):Int'l & Comparative Law
(Formerly DCL439) The context of this course is the litigation of claims involving private plaintiffs against both private defendants, who may reside in or be citizens of different countries, and against defendants that are foreign governments or governmental entities. The course will cover the following topics: (1) suing foreign defendants in U.S. courts, also known as personal jurisdiction; (2) choosing the proper forum, including forum non conveniens and forum selection clauses; (3) jurisdiction to prescribe, also known as legislative jurisdiction, including the extraterritorial application of U.S. law; (4) international judicial assistance, including service of process abroad and the taking of evidence abroad; (5) claims against foreign states, foreign sovereign immunity, and the act of state doctrine; and (6) the recognition and enforcement of foreign judgments and U.S. judgments abroad. Several international conventions will be studied, including the Hague Convention on Service Abroad and the Hague Convention on Taking Evidence Abroad. This course replaces International Litigation and Arbitration effective fall 2009.
Prerequisite(s):
-Civil Procedure I
-Civil Procedure II
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International Commercial Arbitration (3)
512K
Concentration(s):
International commercial arbitration is the most popular alternative dispute settlement mechanism for resolving disputes between private parties arising out of international commercial transactions and for resolving investment disputes between foreign investors and a host country. The basic goal of this course is to give students a thorough understanding of the international commercial arbitration process and the role of national courts in supporting that process. The rules of international commercial arbitration centers and international conventions on commercial arbitration will be studied, including the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the Inter-American Convention on International Commercial Arbitration, and the Convention on the Settlement of Investment Disputes. The UNCITRAL Model Law on International Commercial Arbitration - enacted by a number of countries and by several states of the United States - will also be examined.
Prerequisite(s):
-Civil Procedure I
-Civil Procedure II
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International Criminal Law (2)
548D
Concentration(s):I
(Formerly DCL 364)
This course covers both America's domestic legal response and the world community's legal response to international crime. Subjects discussed include individual international criminal liability, extradition, immunity, the nature of sovereignty, judicial remedies for breaches of internationally protected human rights and specific international crimes such as terrorism, genocide and war crimes. Special focus is dedicated to the detention of Gen. Pinochet and the trial in The Hague of Slobodan Milosevic.
Prerequisite(s):
Top
International Environmental Law (3)
548E
Concentration(s):I
(Formerly DCL 417)
This course introduces the student to the use of bilateral and multilateral treaties and other international mechanisms for dealing with international environmental problems such as ozone in the upper atmosphere, the greenhouse effect, destruction of forest and trade in endangered species. Normally, a paper is required.
Prerequisite(s):
Top
International Human Rights (2)
548F
Concentration(s):
(Formerlty DCL 418)
This course explores human rights and the international legal order, background, concepts and the future. It will also consider major international agreements and their relation to local law, and remedies for the implementation of human rights.
Prerequisite(s):
Top
International Intellectual Property Law (2)
533E
Concentration(s):
(Formerly DCL 526)
THIS COURSE MAY BE OFFERED AS EITHER 2 OR 3 CREDITS.
International Intellectual Property Law begins with overview of copyright, patents, trademarks and trade secrets under U.S. law, then looks at rapidly developing treaty regimes, reciprocal international legislation, and international cases for the protection of literary and artistic works and scientific invention, and ownership issues in the global markets that affect the rights of authors and inventors.
Prerequisite(s):
Top
International Law & Ethics of Human Subjects Research (2)
548W
Concentration(s):
This course is being offered in conjunction with the College of Human Medicine. The purpose of the course is to foster interdisciplinary understanding of the substance and interrelationships of law, particularly international law, and ethics in the protection of human subjects of transnational biomedical and behavioral research. The course may be of particular interest to students interested in health law and international law. Classroom Methods: Lecture, interdisciplinary discussion, simulations, mini-rounds.
Students are limited to taking either this course or US Law and Ethics of Human Subjects Research, but not both.
Prerequisite(s):
Top
International Sale of Goods (2)
548G
Concentration(s):
(Formerly DCL 478)
A study of international sales law under the United Nations Convention on Contracts for the International Sale of Goods (CISG). Similarities and contrasts with sales law under Article 2 of the Uniform Commercial Code will be investigated. Also addressed are the UNIDROIT Principles of International Commercial Contracts.
Prerequisite(s):
Top
International Sale of Goods Law-Mexico (1)
548Y
Concentration(s):
A study of international sales law under the United Nations Convention on Contracts for the International Sale of Goods (CISG). Similarities and contrasts with sales law under Article 2 of the Uniform Commercial Code will be investigated. Also addressed are the UNIDROIT Principles of International Commercial Contracts.
Prerequisite(s):
Top
International Taxation (2)
548J
Concentration(s):Int'l Comp.; and also Tax
(Formerly DCL 366)
This course will provide a basic overview of the tax consequences in international transactions. The topics covered will include foreign income received by U.S. citizens, resident aliens and domestic corporations, non-resident aliens, foreign corporations and other foreign persons, U.S. possessions, special taxpayers and the foreign tax credit.
EITHER Basic Income Tax A OR Basic Income Tax B fulfills the prerequisite.
Prerequisite(s):
-Basic Income Taxation A
-Basic Income Taxation B
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International Trade Law (1)
512D
Concentration(s):
(Formerly DCL 558)
This course will deal with the private law of international trade. Topics will include risks associated with payment and transportation (including Incoterms and documentary sale of goods), UNIDROIT principles of international commercial contracts, the Convention on the International Sale of Goods, and dispute settlement.
Prerequisite(s):
Top
International Trade Regulation (3)
512E
Concentration(s):Int'l & Comparative Law
(Formerly DCL 368)
The course has as its primary focus the international trade regime of the World Trade Organization to which the United States and 144 other countries are parties. The following topics are covered in this course:
• Introduction: Why trade? Why not protect?
• An overview of the GATT-WTO system
• WTO dispute settlement
• The unconditional, most-favored-nation obligation
• Tariff bindings
• The national treatment obligation
• The prohibition on quantitative restrictions (quotas)
• Transparency of national laws and regulations
• Regional trade arrangements (customs unions and free trade areas)
• Special and differential treatment of developing countries
• Trade in agricultural goods, including farm subsidies
• Trade and the environment
• Human, animal, and plant health and safety issues
• Trade and labor rights
• The General Agreement on Trade in Services
• The Agreement on Trade-Related Aspects of Intellectual Property Rights
• The new agenda: trade and investment, trade and competition policy..
Prerequisite(s): None
Prerequisite(s):
Top
Jessup Team (2)
627E
Concentration(s):Int'l & Comparative Law
(Formerly DCL 405)
An international inter-school competition in international law, held annually in the spring semester. Team membership is by invitation on the basis of performance in the Jessup International Law Moot Court Competition. Participants receive two graded credit hours.
Prerequisite(s):
-Research, Writing and Advocacy I
-Research, Writing and Advocacy II
-Transnational Legal Research
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Journal of Animal Law (2)
629C
Concentration(s):
The Journal of Animal Law was the second legal journal established in North America specializing in animal law and is currently one of only three existing that is dedicated to the specialized topic of animal law. The Journal of Animal Law has been able to welcome editors from other ABA-accredited law schools in addition to MSU College of Law.
The goals of the Journal of Animal Law are:
-To provide volumes of legal policy materials that relate to animal law and animal welfare.
-To provide expert explanation of the materials for both legal and non-legal audiences.
-To be an education resource for both the lawyer and the non-lawyer.
-To provide historical perspective about social and legal attitudes toward animals, and how we as a society have arrived at its present perspective.
Students must satisfy the following criteria to receive Journal credit: (1) two year participation on the Journal staff/board; (2)editing and cite-checking of papers submitted to the Journal; (3)satisfy editing obligation during the first-year on Journal staff; (4)election to Journal board for final year at the Law College; and (5) fulfill leadership obligations of Board position.
Prerequisite(s):
-Research, Writing and Advocacy I
-Research, Writing and Advocacy II
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Journal of International Law (2)
629A
Concentration(s):Int'l & Comparative Law
(Formerly DCL 550)
Participation by writing competition upon satisfactory completion by day students of two full semesters and by evening students of three full semesters. Two credits of ungraded credit earned upon completion of a student article, a comment, required production work and participation in the organization of the International Law Symposium and the International Achievement Award Dinner.
Prerequisite(s):
-Research, Writing and Advocacy I
-Research, Writing and Advocacy II
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Journal of Medicine and Law (2)
629B
Concentration(s):
(Formerly DCL 407)
Two credits may be awarded to a member of the journal during the student's final semester if the student has completed a student article and a Regional Reporter article; satisfactorily completed all work assignments, training sessions, cite check workshops and assignments; and attended all mandatory meetings; participated in the organization of a journal event; actively participated in at least one committee per semester. Prior to registering for credit, a Journal member must obtain authorization by the editor-in-chief, and present authorization to the Office of the Registrar during enrollment.
Prerequisite(s):
-Research, Writing and Advocacy I
-Research, Writing and Advocacy II
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Jurisprudence (2)
579J
Concentration(s):
(Formerly DCL 385)
This course surveys several views of law and the legal process. it also examines the judicial decision-making process and the social, political and moral contexts that influence and are influenced by judicial decision.
Prerequisite(s):
Top
Juvenile Law (2)
541K
Concentration(s):
(Formerly DCL 378)
A survey of the law related to juvenile courts in the areas of delinquency and child neglect, including jurisdiction and waivers thereof, arrest, pre-trial, and trial procedure and disposition.
Prerequisite(s):
Top
King Scholars Jurisprudence (2)
626C
Concentration(s):
(Formerly DCL 359)
Prerequisite: King Scholar A course in jurisprudence available to King Scholars as part of the King Scholarship Program.
Students entering with a King Scholarship must enroll for the King Scholars Jurisprudence class during their third semester at the Law College. Matriculating students receiving a King Scholarship must enroll for the King Scholars Jurisprudence class in their next regular semester.
Prerequisite(s):
Top
King Scholars Program (0)
626B
Concentration(s):
(Formerly DCL 191) Students who have a King Scholarship will be enrolled for King Scholars each semester by the Office of the Registrar.
Prerequisite(s):
-King Scholars Program
Prerequisite(s):
-King Scholars Program
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King Scholars Seminar (2)
626D
Concentration(s):
(Formerly DCL 404)
Students who have a King Scholarship must enroll for the King Scholars Senior Paper course in their last regular semester at the Law College.
Prerequisite(s):
-King Scholars Jurisprudence
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Labor Law (3)
511D
Concentration(s):
(Formerly DCL 382)
This is a basic labor law course exploring the application of the National Labor Relations Act as amended. Subjects include the jurisdiction, organization and procedures of the National Labor Relations Board; the protection of the right of self-organization; company domination of or assistance to the union; discrimination against employees; remedies for unfair labor practices; review of the procedures for selection of representatives for the purposes of collective bargaining; securing bargaining rights through unfair labor practice procedures; and the law concerning negotiation of collective bargaining agreements, including the subjects of collective bargaining, strikes, boycotts and picketing under the common law and the act.
Prerequisite(s):
Top
Land Use Planning (3)
566B
Concentration(s):
(Formerly DCL 401)
THIS COURSE MAY BE OFFERED AS EITHER 2 OR 3 CREDITS.
Explores the principal methods of local government control of land use, with special emphasis on the theory and practice of zoning and eminent domain. Analyzes judicial response, through the use of nuisance and "takings" doctrines, to local land use planning efforts.
Prerequisite(s):
Top
Law and Economics (3)
515
Concentration(s):
(Formerly DCL 443)
Law and Economics, (alternatively named “the economics of legal relationships” or perhaps more accurately, “the economic analysis of law”) is defined as the application of economic theory (primarily microeconomics and the basic concepts of welfare economics) to examine the formation, structure, processes, and the economic impact of law and legal institutions. The purpose of this course is twofold. It is intended to (1) provide a review of microeconomic theory sufficient to (2) undertake a survey of various schools of thought that now comprise the field of Law and Economics. Specifically, this course will explore the various schools of thought that compete in this rich marketplace of ideas, including Chicago law and economics, public choice theory, institutional law and economics, and the new institutional economics. In addition, we will review the literature on social norms and Law and Economics. As time permits we will explore the principal contours of the New Haven school, modern civic republicanism, and Austrian law and economics. Each of these schools of thought place a significant emphasis on the interrelations between law and economy.
Prerequisite: an understanding of the principles of microeconomics.
Textbook and Reader: i) Nicholas Mercuro and Steven Medema, Economics and the Law (draft of 2nd edition - Princeton University Press, forthcoming 2006) and ii) Collection of Readings. Evaluation: class participation 10points [no one is allowed to miss more than two classes] three exams each worth 30% / questions will cover the assigned chapters in the text and all readings - questions may take the form of graphical essay; short essay (identify & describe its significance); true / false & why; and multiple choice. If you are uncertain as to "what the course is about" and therefore "whether this is something you want to do," please take a look at the two very short articles that are on reserve in the law college library: Paul Burrows and Cento G. Veljanovski, "Introduction:The Economic Approach to Law," in The Economic Approach to Law, P. Burrows and C.G. Veljanovski,eds.,(London: Butterworths,1981), pp. 1-17. Cento G. Veljanovski, The Economics of Law: An Introductory Text, (Institute of Economic Affairs, 1990), pp. 11-27. Together, they describe the subject matter of this course. If the ideas expressed in these articles are of interest to you, I can assure you that you will enjoy this course; if on the other hand, you are not interested in analyzing the law from the perspective of economics ... this course is not for you.
Prerequisite(s):
Top
Law and Gender (2)
541N
Concentration(s):
(Formerly DCL 386)
This course will concern itself with aspects of the following: protective labor legislation, employment discrimination, sex role discrimination in the law of the family, women and the criminal law, the right of women to equal educational opportunity and the right to choose whether to bear children. A short paper will be assigned on a topic dealing with present and proposed legislation affecting the status of women. There will be a consideration of the theoretical and legal issues associated with the category of gender.
Prerequisite(s):
Top
Law and Interpretation (2)
579R
Concentration(s):
This course will explore the ways in which judges and other legal actors interpret the law. Anyone who has studied law for even a short period of time quickly becomes aware that there are a variety of legal and jurisprudential tools that judges can use in interpreting the law. In this course we will explore the various tools judges use in interpreting cases, as well as a number of the theoretical schools that influence or help us understand judicial decision-making. We will do this by analyzing cases and by studying the various tools/theories relevant to legal interpretation. The course will cover legal interpretation in the contexts of constitutional, statutory, and common law. The hope is to look underneath the cases and try to understand how great legal minds (judges, lawyers, and scholars) can look at the same or similar facts and law, yet reach significantly varied interpretative results.
Prerequisite(s):
Top
Law and Literature (3)
548T
Concentration(s):
(Formerly DCL 462)
In this course, students will read works from American and world literature that examine issues such as the conflict between a legal system and other norms, legal treatment of the enemy and the conquered in times of war, and due process issues as a human right. The works chosen (plays, novels, and short stories) will also give rise to a discussion of literary techniques and devices and to an examination of the use and re-use of literary themes. Each student will choose and read another work for purposes of a paper (two drafts) and a class presentation. In Spring 2005, works to be read in the class include Antigone by Sophocles; Antigone by Jean Anouilh; The Island by Athol Fugard; The Ox-Bow Incident by Walter Van Tilburg Clark; The Trial by Franz Kafka; Translations by Brian Friel; Snow Falling on Cedars by David Guterson; a selection of short stories; and various essays on the relationship between law and literature.
Prerequisite(s):
Top
Law and Policy of Corrections (0)
579T
Concentration(s):
This course could be offered for 2 or 3 credits.
This is a course on applied or advanced constitutional law in the context of prisoners and pretrial detainees. The first part of the course will provide an introduction to punishment and sentencing. The second part of the course provides a survey of the constitutional law of incarceration, including materials on procedural and substantive due process, equal protection, the ban on cruel and unusual punishment, First Amendment protections, and rights of access to the courts and attorneys. The final section considers the mechanics of prisoners' rights litigation under Section 1983.
Prerequisite(s):
Top
Law and Religion (3)
579K
Concentration(s):
(Formerly DCL 530)
May be taken concurrently with Constitutional Law II. This course will focus on church/state law -- the legal doctrines that have arisen in cases under the Establishment Clause and Free Exercise Clause of the First Amendment. The course will explore the role of law in various religious traditions and the role of religion in law and public discourse. Topics addressed include school prayer, government aid to religious institutions (including school vouchers and charitable choice), government endorsement of religious symbols, the role of public forum doctrine in religion cases, freedom of religious expression, and the freedom to practice one's religion.
Prerequisite(s):
-Constitutional Law II
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Law Externship (3)
625A
Concentration(s):
An externship is a voluntary, for-credit opportunity with government agencies, judiciary, and non-profit or public interest agencies. Students are able to complete two 3-credit externships during their law school careers, if desired, after earning 24 law school credits. Externships require a minimum of 12-15 hours per week, for the duration of the semester, a bi-weekly report of legal work performed, a mid-semester seminar, and a final paper. The Career Services Office holds informational meetings each semester about the Externship Program. Additional information regarding externships is found at http://www.law.msu.edu/career/externships.html
Students who have earned six (6) credits in the Canadian Summer Externship Program in Ottawa (course 634) are not eligible to enroll in another externship.
Prerequisite(s):
Top
Law Practice Management (2)
592
Concentration(s):
(Formerly DCL 309)
This course is designed to provide an overview of the issues involved in managing a law office. These include forms of practice (partnership, professional corporation, sole practitioners), personnel issues, physical requirements, computers, financial management, practice development and ethical issues. Also covered are various law office systems: docket, tickler, trust accounting, timekeeping, etc. It is recommended that students take the Professional Responsibility course before or concurrently with Law Practice Management.
Prerequisite(s):
-Professional Responsibility
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Law Review (4)
628
Concentration(s):
(Formerly DCL 790)
Prerequisites: RWA I and II, credits completed and GPA
Participation is by invitation or writing competition upon satisfactory completion by full-time students of two full semesters and by part-time students of three full semesters. Four semester hours of ungraded credit earned upon successful completion of a casenote, a comment and all required production work.
Prerequisite(s):
Top
Laws of War (2)
548M
Concentration(s):Int'l & Comparative Law
(Formerly DCL 548)
This course will examine the origins, purpose, content, development and the impact of the laws of war in light of the changing nature of armed conflict. At its core, the primary purpose of the laws of war is to limit the
suffering caused by war and armed conflicts. Accordingly, the course seeks to develop a better understanding of the need for and the existence of the laws of war; to determine whether the laws of war are effective in limiting the suffering of combatants and noncombatants during armed conflicts and to evaluate whether the laws of war have been applied, observed, enforced or ignored by policymakers, military officials and international institutions
in modern armed conflicts. Since the laws of war have not uniformly applied, observed or enforced, the course will emphasize the contradictions, successes and failures of the laws of war.
Some of the issues that will be examined throughout the course include: where are laws of war found? Is it really possible to introduce rules to warfare? From where do laws of war arise, and how do they become "law"? Is
"just war" a relevant concept in today's world? How successful have past international regulatory efforts been concerning limiting warfare? What is permissible conduct in combat and what is not? What do the Nuremberg trials of World War II tell us about warfighting today? Was My Lai the result of criminal behavior by individual soldiers or a logical result of the military policies pursued in Viet Nam? Was the U.S. bombing of Hiroshima and Nagasaki a war crime? Do the laws of war apply to the current war on
terrorism?
Prerequisite(s):
Top
Legal Analysis, Practice Application and Writing (1)
600B
Concentration(s):
The course format focuses on teaching analysis and writing skills for answering Multistate Essay Exam (MEE) questions and drafting legal documents for the Multistate Performance Test (MPT). Students will work on the skills necessary to organize and present answers to maximize points awarded by the examiners. Students will do simulation questions with answers graded by former bar exam graders. Additionally, random student answers will be critiqued with the class to identify strengths and weaknesses. The course is recommended to students taking the bar exam where both exams are administered (e.g., Illinois, Colorado, District of Columbia Missouri, Utah and Wisconsin). It will also be helpful to students taking the bar exam where the MPT is administered (e.g., New York, Ohio, Oregon, Texas, Georgia, Indiana, Maryland, Minnesota, and Nevada). Attendance and participation in all sessions is required to obtain credit for the course. Only graduating third year students are eligible to enroll in this course.
Prerequisite(s):
Top
Legislation (3)
579P
Concentration(s):
(Formerly DCL 329)
This course starts with the premise that understanding the legislative process is important for sophisticated legal analysis in an age of legislation. The course therefore studies different theories of the legislative process, as well as the accompanying doctrines and theories of statutory interpretation. It also examines structures of representative democracy and deliberative decision making, including the principle of "one person, one vote," reapportionment of legislative districts, term limits, the line-item veto, and regulations of campaign finance. Finally, the course considers the use of direct democracy as an alternative to republican government and examines the role of administrative agencies in the implementation and interpretation of statutes. By the end of the semester, students will have a greater understanding of the various public law institutions in the United States, their relationships to one another, and how this knowledge can be used to construct persuasive arguments regarding the application of positive law to particular legal problems.
Prerequisite(s):
Top
Licensing Intellectual Property (2)
533F
Concentration(s):Intellectual Property
(Formerly DCL 516)
The class focuses on managing an intellectual property portfolio to maximize a client’s return on investment in intellectual property assets. Unlike other intellectual property courses that focus on obtaining intellectual property rights, the scope of those rights, and the remedies for infringing, this course emphasizes the identification, valuation, and management of intellectual property assets both as a source of revenue and as part of a larger offensive or defensive litigation strategy. Topics covered also include intellectual property assets, management, and licensing in the context of tax and antitrust law. Students will be required to draft part of a license agreement or agreement to transfer ownership of an intellectual property asset. Time permitting, this course will also cover cross-border intellectual property transactions. At the conclusion of this course, a student should appreciate the role of intellectual property as part of creation and management of a larger enterprise.
Prerequisite(s):
Top
Managed Care Seminar (2)
558E
Concentration(s):
(Formerly DCL 519)
Managed Care Law focuses on the legal aspects of health care delivery, particularly as they relate to the financing of health care. The course introduces the complexities of contemporary health care delivery finance (e.g., managed care, health maintenance organizations, and capitation) before considering issues of liability and the regulation of managed care. The course concludes by considering several topical issues including the impact of ERISA, contracting in a managed care environment, and the growing emphasis on compliance (e.g., the False Claims Act and Physicians at Teaching Hospitals regulations).
Prerequisite(s):
Top
Matrimonial Practice (3)
541M
Concentration(s):
(Formerly DCL 532)
This course provides the practical knowledge and skills necessary to develop expertise in handling matrimonial matters from initial client contact through each step of the proceedings, including Motion Practice and Temporary Orders, Discovery, Custody, Equitable Distribution, Support, Negotiations/Settlement, Mediation, and Settlement Drafting.
Prerequisite(s):
Top
Media Law (2)
533G
Concentration(s):
(Formerly DCL 301)
This class will focus on free press/free speech issues and the mass media. Subjects will include the 1st Amendment rights of reporters in print, broadcast and online journalism, as well as news gatherers’ privilege, obscenity issues, and freedom of information and open meetings laws. Students will examine defamation claims involving media defendants, copyright issues facing journalists, as well privacy torts such as false light and appropriation claims. The class will also study the ethical and professional considerations of journalists.
Prerequisite(s):
Top
Mediation Advocacy (2)
587D
Concentration(s):
(Formerly DCL 555)
This interactive course will cover: types of mediation (domestic relations, commercial, employment, labor, construction), deciding whether to mediate, mediation agreements, confidentiality (rules of evidence, privilege, immunity, statutory and court rule protection), enforcement of mediation agreements, role of attorney in mediation, selecting a mediator, duties of a mediator, timing of the mediation, and ethical issues in mediation (self-determination, impartiality, conflicts of interest, competence, confidentiality, quality of process, advertising and solicitation, fees, and obligations to the mediation process). Also covered will be Michigan Court Rule 2.411 Mediation, which went into effect August 2000.
Teaching modalities will include lecture, simulations, video and exercises.
Prerequisite(s):
Top
Mediation Advocacy and Civil Facilitative Mediator Training (3)
587E
Concentration(s):
The Mediation Advocacy course meets the civil facilitative mediator training requirements as described by the Michigan State Court Administrative Office (SCAO). With this training, and the completion of the completion of additional requirements, students will be able to apply for inclusion on court mediation rosters. The course includes a variety of graded assignments, including drafting an Agreement to Mediate (with adequate confidentiality provisions), a post-mediation agreement (with mediation clause), and a Mediation Representation Memorandum. Other assignments include an oral history, a conflict theory paper, and a take-home final exam. By balancing theory with practice and paying particular attention to mediation ethics, students completing this course will be very well prepared to both mediate civil cases and effectively advocate for clients in mediation. Students who have taken Mediation Advocacy may not take this course.
Prerequisite(s):
Top
Medical-Legal Problems (2)
558F
Concentration(s):
(Formerly DCL 306)
A study of the relationship between law and medicine including medical-legal problems that arise from staff privileges of physicians, rules governing Medicare, HEW regulations and joint problems arising out of the medical management of patients.
Prerequisite(s):
Top
Mergers & Acquisitions (3)
516
Concentration(s):
(Formerly DCL 505)
Overview of issues relating to business combinations. The course includes a transactional perspective on mergers and acquisitions, with some consideration of the social and economic significance of business combinations. Attention to statutes governing the alternative forms of acquisition, negotiation, acquisition documents, valuation methodologies, and characteristic problems in negotiated acquisitions, with examination of takeover defenses and Delaware case law on the duty of boards of directors in managing the sale of a company. Business Enterprises is a prerequisite.
Prerequisite(s):
-Business Enterprises
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Mexican Legal Institutions (1)
633A
Concentration(s):
(Formerly DCL 538)
Topics will include the meaning of civil law, judicial review in Mexican courts, international and domestic law in Mexico, states' rights, and the hierarchy of laws in Mexico.
Prerequisite(s):
Top
Michigan Civil Procedure (2)
593A
Concentration(s):
(Formerly DCL 438)
This course is a survey of Michigan civil procedure at the trial and appellate levels. The purpose of the course is to acquaint students who intend to practice in Michigan with the nuances of state procedural law. Focus will be placed on the differences between the Michigan court rules and the federal rules of civil procedure. Also, the subject matter jurisdiction of the various courts within the state system, as well as Michigan's long-arm statute, will be examined.
Prerequisite(s):
-Civil Procedure I
-Civil Procedure II
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Michigan Legal Analysis and Writing (1)
600A
Concentration(s):
The course format focuses on teaching analysis and writing skills for answering the Michigan Bar Examination essay questions. Students will be exposed to the skills necessary to organize and present answers to maximize points awarded by the examiners. Students will do simulation questions with answers graded by former Michigan bar exam graders. Additionally, random student answers will be critiqued with the entire class to identify strengths and weaknesses. Attendance and participation in all sessions is required to obtain credit for the course. Only graduating third year students are eligible to enroll in this course.
Prerequisite(s):
Top
Michigan Statutory Personal Injury Practice (1)
600C
Concentration(s):
The course will examine the key statutory provisions necessary to analyze Michigan personal injury cases including: no-fault, automobile negligence, owner’s liability, dram shop, wrongful death, governmental immunity, and workers’ compensation, and the major cases interpreting the statutory provisions. Only graduating third year students are eligible to enroll in this course. The course is not available to students who have previously taken Torts II.
Prerequisite(s):
Top
Moot Court Board (0)
627C
Concentration(s):
(Formerly DCL 702)
Prerequisites: RWA I and II, see scholarship policy
Board members and candidates participate in and supervise intramural and inter-school competitions. Board membership is by invitation and carries one credit hour per semester. Students who have completed 29 credit hours are eligible to become candidates for the board. Candidates receive one semester hour of credit for participation in Moot Court Competition. Two semesters of credit as a candidate must be completed to qualify for invitation to the board.
Prerequisite(s):
Top
Moot Court Competition (0)
627B
Concentration(s):
(Formerly DCL 701)
This is an instrumental Moot Court Competition open to all students after their first year. Students must elect this option during their third semester.
Prerequisite(s):
-Research, Writing and Advocacy I
-Research, Writing and Advocacy II
Top
Moot Court Competition (Class) (2)
627A
Concentration(s):
(Formerly DCL 700)
An intramural Moot Court Competition open to all students after their first year. Students who wish to continue in the Moot Court Program must elect Moot Court Competition (Class) during their third semester. The class is a prerequisite for inter-school competition and staff positions.
Prerequisite(s):
-Research, Writing and Advocacy I
-Research, Writing and Advocacy II
Top
Moot Court Inter-School Competition (0)
627B
Concentration(s):
(Formerly DCL 701)
Prerequisites: RWA I and II
MSU College of Law sponsors teams for inter-law school competition during the fall and spring semesters. Competitions include the National Moot Court Competition, the Wagner Labor Law Competition, the Administrative Law Competition, the A.B.A. National Moot Court Competition, the Cardozo Moot Court Competition and the J. Braxton Craven, Jr., Memorial Moot Court Competition. Team membership is by invitation of the board. Participants receive two graded credit hours.
Prerequisite(s):
Top
Mortgage Banking Law (2)
517A
Concentration(s):
This course will explore in depth the various legal issues in the mortgage banking industry, a trillion dollar industry at the heart of the U.S. economy. The focus will be primarily on the residential mortgage segment, as that is the larger and more familiar part of the industry. (Formerly DCL 466)
The course will examine the "life" of a residential mortgage loan, including its origination between a consumer and a mortgage lender, on the one hand, and its metamorphosis into part of the international capital market, on the other. More particularly, the course will involve analysis of the uniform note and mortgage; examination of non-conventional types of residential finance; survey of applicable federal laws and regulations (including Truth-in-Lending, Real Estate Settlement Procedures Act, Equal Credit Opportunity Act, etc.); review of agreements used in the origination and sale of residential mortgage loans; and consideration of the mechanics of securitization of mortgage loans. This will be an interdisciplinary course where students will be able to use concepts of real estate law, consumer law, commercial transactions and securities law.
Prerequisite(s):
Top
Mortgages (2)
593C
Concentration(s):
(Formerly DCL 406)
This course considers various aspects of the law of suretyship and real property security, including land mortgages, land contracts, right to rents and profits before and after foreclosure sale, redemption, subordination agreements, circuity problems under contradictory systems of priorities pursuant to state and federal law, and security interests in fixtures under Article 9 of the Uniform Commercial Code and the land law. This course may be offered for 2 or 3 credits.
Prerequisite(s):
-Property
Top
National Security Law (3)
545A
Concentration(s):
This course offers a broad overview of national security law. The first few weeks focus on the constitutional framework, especially the separation of national security powers. A brief discussion on the use of force follows, including issues of authorization and preemption. The remainder of the course will focus on terrorism. Several sessions will examine the statutory and constitutional basis for detecting and preventing terrorism at home, and the challenges that have followed. The class will then consider the detention, interrogation, and trying of terrorist suspects. And the semester concludes with attention to legal issues that arise in planning for and responding to a terrorist attack.
Prerequisite(s):
Top
Natural Resources Law (2)
566C
Concentration(s):Env. & Nat. Resource Law
(Formerly DCL 463)
This course will explore the legal regimes under which public natural resources are allocated and managed. In addition, this course will consider the laws governing federal public lands, which constitute one-third of the nation. Special attention will be given to the costs and benefits of resources development and conservation, and to the philosophical, historical and constitutional underpinnings of natural resources law and policy. Resources studied will include forests, minerals, oil and gas, rangeland, recreation, water, wilderness and wildlife.
Prerequisite(s):
Top
Negotiation (2)
591C
Concentration(s):
(Formerly DCL 520)
This course introduces principles of negotiation. Students will be required to engage in multiple mock negotiations, with frequent feedback from the instructor.
Prerequisite(s):
Top
Negotiation and Drafting for the Close Corporation (3)
518
Concentration(s):
(Formerly DCL 560)
Students will engage in a semester-long simulation in which they represent a fictional set of clients attempting to create a new business. Students will negotiate all of the basic business and legal elements of the proposed entity, and will draft the major documents required to establish the entity, including: Articles of Incorporation; By-Laws; Organizational Minutes of Directors’ and Shareholders’ Meetings; Vote Pooling Agreement; and Buy-Sell Agreement. During the course students will also review major concepts in corporate law affecting their negotiations and drafting through student-led presentations.
Class Size Limit: to permit effective negotiation, the class shall be limited to 20 students.
Competencies Developed: Knowledge based competencies: The course will reinforce the understanding of basic concepts of corporate law that were learned in the Business Enterprises course. Skill-based competencies: Students will learn to draft transactional documents, and to negotiate business and legal issues over an extended period of time.
Grading: Grades for the course will be based primarily on the documents drafted, with credit also given for individual student presentations on various aspects of relevant law, and their general class participation.
Rationale: Most of the Business Enterprises course is spent discussing case law and statutes concerning various forms of business enterprises, with the primary focus on corporations. However, the students have very little opportunity within the course to learn how to apply some of the concepts that they have studied. This seminar is intended to give students training and an approximation of real-world experience in acting as young lawyers in a developing business transaction. Although business law is one of the most popular areas of student interest, there are very few courses that teach the students the transactional-based competencies necessary to be an effective corporate lawyer. The transactional drafting and negotiation skills developed in the course also will be valuable to students in other transactional lawyering contexts.
Tentative Syllabus and Assignments:
SCHEDULE OF CLASSES AND ASSIGNMENTS
Class 1: Introduction
Assignment: Prepare agenda for initial meeting on Class 3; prepare Certificate of Incorporation for Class 4.
Class 2: Submit: Agenda for meeting
Presentations: 1.) Partnership v. Corporation v. S Corporation v. LLC form of organization; 2.) Certificate of Incorporation Class: Negotiation
Assignment: Draft Certificate of Incorporation for Class 3.
Class 3: Submit: Certificate of Incorporation Presentations: 3. By-laws
Class: Negotiation Assignment: Draft By-laws for Class 5.
Class 4: Presentation: 4.) Par Value of Shares and Dividend Declaration; 5.) Special Features of Close Corporation
Class: Discuss Certificate of Incorporation; Negotiate Certificate of Incorporation Assignment: Draft By-laws for Class 6.
Class 5: Submit: By-Laws
Presentations: 6.) Minutes of Organizational Meetings; 7.) Role and Duties of Officers and Directors.
Class: Negotiation Assignment: Draft Minutes for Class 8.
Class 6: Presentation: 8.) Protection of Minority Shareholders and Supermajority Provisions
Class: Discuss By-Laws; Negotiation
Assignment: Draft Minutes for Class 8.
Class 7: Submit: MinutesPresentation: 9.) Shareholder Agreements Class: Negotiation
Assignment: Draft Shareholder Agreement part 1 for Class 9.
Class 8: Class: Discuss Minutes; Negotiation Assignment: Draft Shareholder Agreement part 1 for Class 9.
Class 9: Submit: Shareholder Agreement Part 1Class: Negotiation
Assignment: Draft Shareholder Agreement part 2 for Class 11.
Class 10: Presentation: 10.) Restrictions on Transferability of Shares
Class: Discuss Shareholder Agreement Part 1; Negotiation Assignment: Draft Shareholder Agreement part 2 for Class 11.
Class 11: Submit: Shareholder Agreement part 2 Class: Negotiation
Assignment: Revise Shareholder Agreement part 1 for Class 12.
Class 12: Submit: Revised Shareholder Agreement Part 1
Class: Discuss Shareholder Agreement Part 2; Negotiate Shareholder Agreement Parts 1 and 2.
Class 13: Class: Discuss Revised Shareholder Agreement Part 1; Negotiation; General discussion.
Class 14: Class: Special negotiation on Bank Problem.
PLEASE NOTE THAT UNLESS SPECIFIC PERMISSION TO THE CONTRARY IS GIVEN, ALL DRAFTING ASSIGNMENTS MUST BE PREPARED INDEPENDENTLY; CO-COUNSEL AND OTHERS SHOULD NOT DRAFT DOCUMENTS AS A TEAM.
Grading for the Course:
Certificate of Incorporation: 10%
By-Laws: 10%
Minutes: 10%
Shareholder Agreement Part 1: 20%
Shareholder Agreement Part 2: 20%
Revised Shareholder Agreement Part 1: 15%
Class Participation (Presentation and Negotiation): 15%
Prerequisite(s):
-Business Enterprises
Top
Niagara International Law Competition (2)
627F
Concentration(s):Int'l & Comparative Law
Prerequisites: RWA I and II, by invitation
An international Moot Court competition based upon a Canadian-U.S. legal conflict. The competition is held annually in the spring semester. Participation is by invitation only on the basis of performance in the Transnational Legal Research course.
Prerequisite(s):
-Research, Writing and Advocacy I
-Research, Writing and Advocacy II
Top
No-Fault Insurance Law (2)
595
Concentration(s):
(Formerly DCL 319)
This course will provide an in-depth look at Michigan's version of the no-fault concept. Statutory and case precedent dealing with such issues as coverage, first-party benefits and limits on recovery will be explored. Also, the policy behind and practical application of the no-fault "threshold" will be studied.
Prerequisite(s):
Top
North American Free Trade Agreement (NAFTA) (1)
633C
Concentration(s):
(Formerly DCL 539)
Topics will include the negotiating history of the North American Free Trade Agreement, free trade in goods, trade in services, foreign investment, and dispute settlement.
Prerequisite(s):
Top
Partnership Taxation (2)
519
Concentration(s):Tax
(Formerly DCL 316)
Through the use of the problem-solving method, this course will focus on the tax issues associated with the formation, operation, termination and liquidation of partnerships, as well as the sale of partnership interests, related party transactions and classification problems.
EITHER Basic Income Tax A OR Basic Income Tax B, along with EITHER Business Enterprises OR Agency and Partnership, fulfills the prerequesite. Recommended but not required: Business Income Taxation or Corporate Income Taxation
Prerequisite(s):
-Basic Income Taxation A
-Basic Income Taxation B
Top
Patent Application Preparation (2)
533J
Concentration(s):
(Formerly DCL 556)
This course provides a structure and methodology for preparing a universal patent application suitable for filing in patent offices throughout the world. The course provides: 1) application drafting tools for implementing the requirements of Sections 102, 103 and 112 of Title 35, USC; 2) procedures in drafting the application to avoid issues raised in many litigated patents; 3) steps to be taken before actually drafting the application including inventor interview and searching; and 4) actual drafting of a patent application. An engineering or equivalent degree is recommended, i.e., the technical background required to take the patent agents examination to practice before the US Patent Office. PREREQUISITES OR TAKEN CONCURRENTLY: Intellectual Property Law OR Patent Law OR approval of faculty program chair.
Prerequisite(s):
-Intellectual Property Law
-Patent Law
Top
Patent Law (3)
533K
Concentration(s):
(Formerly DCL 564)
This course provides a general introduction to patent law, and thus students will learn the basic legal rules and policies that constitute this important field of intellectual property law. Subjects covered include what types of inventions or discoveries fall within the ambit of the Patent Act, including recent hot-button issues, such as computer software, biotechnology and business methods. The substance of the course will be spent studying the specific requirements for patentable subject matter, such as the utility, disclosure, enablement, novelty, and nonobviousness requirements, and the statutory bars of public use, sale and abandonment. If there is time, we will also cover some basics of patent litigation, such as claim interpretation and the doctrine of equivalents. Although patent cases often involve complicated scientific discoveries or technologies, the essential legal principles or policies rarely depend on understanding the underlying science or technology. Accordingly, students with non-technical backgrounds are encouraged to take this course, particularly given that intellectual property assets, such as patents, are increasingly important to commercial clients the world over
Prerequisite(s):
Top
Patent Litigation (2)
533R
Concentration(s):
This course shall consider strategies and procedures pertaining to patent litigation in the U.S. federal courts. Details of the Patent Act and case law shall be analyzed with regard to discovery, motion practice, trial practice, infringement, invalidity and remedies. No technical degree is required. It is recommended students complete Civil Procedure I and II before enrolling in this course.
Prerequisite(s):
Top
Payment Systems (3)
501G
Concentration(s):
This course examines negotiable instruments under Article 3, bank deposits and collections pursuant to Article 4, funds transfers under Article 4A, and letters of credit under Article 5 of the UCC. The course also will cover various federal regulations, including those providing rules on check clearing, electronic fund transfers, and improper credit card use. Students who have taken commercial Transactions (LAW 501C) may be ineligible to take this course, so approval from the professor must be obtained to enroll.
Prerequisite(s):
-Contracts I
-Contracts II
Top
Perspectives on Law for King Scholars (1)
626A
Concentration(s):
(Formerly DCL 602)
This course is a one credit course open only to first year King Scholars. It will be taught in the second semester, when first year students have one less credit than the first, and is an attempt to add first year content of the King Scholars Program. The course will consist of one hour per week sessions in a book discussion format. The books assigned will provide perspectives on the law not regularly provided in the curriculum. For example, for Spring 2005 the book of Carl Bogus's "Why Lawsuits are Good for America" will be used. Books will change from year to year.
Prerequisite(s):
Top
Plea and Sentencing Clinic I (4)
630P
Concentration(s):
Plea and Sentencing Clinic I provides a framework in which students will assist with representation of indigent prisoner clients who currently have cases in which they are represented by the State Appellate Defender’s Office (“SADO”), and who have issues relating to their sentencing or guilty pleas. Under the supervision of an attorney from SADO, students will interview and counsel with clients, isolate client issues, undertake intensive research relating to the identified issues, prepare legal memoranda, as well as motions and briefs for presentation in Michigan circuit courts, and argue those matters before the circuit court. Students will receive instruction on a variety of matters pertinent to their work, including the structure and overview of the legal system relating to pleas and sentences, plea and sentencing guidelines, client interview techniques, issue spotting and brief writing, and appellate strategy. In participating in this clinic, students will explore and develop fundamental skills and values essential to the ethical and competent practice of law. In addition to class time, enrolled students must work a minimum of 16 hours at the clinic or at SADO’s downtown Lansing location each week (in general, each student likely can expect to expend 16 to 20 hours weekly in addition to class time). Some travel time to clients’ locations or to circuit courts may be required, depending upon the cases assigned to the student. Students are selected to participate through an application process. NOTE: Enrolled students must attend a mandatory two-day clinic “Boot Camp” that takes place on the Saturday and Sunday immediately before the first day of class. Please see the clinics' website for additional information.
Prerequisite(s):
-Criminal Law
-Research, Writing and Advocacy I
-Research, Writing and Advocacy II
Top
Practice and Procedure Before the IRS (2)
572A
Concentration(s):Tax
(Formerly DCL 464)
This class will present a comprehensive analysis of practice and procedure before the Internal Revenue Service. Specific topics of instruction will focus on the organization of the IRS and administrative and judicial practice before the IRS. The conduct and defense of audits will be studied, as well as the administration of the collection function and strategies on behalf of taxpayers. A practical exercise in the form of a protest will be completed as an introduction into the study and strategies before the IRS Appeals Division. A brief overview of the criminal investigation function of the IRS will be undertaken. Litigation before the U.S. Tax Court and other available forms will be studied in detail. In addition to the analysis of the applicable rules of practice and procedure, a review and analysis of key Tax Court pleadings such as the petition, stipulation of facts, brief and decision documents will be reviewed. The goal of the course is to prepare students to properly spot issues and advise clients with respect to all matters dealing with the IRS and administration of the U.S. Tax Code. In addition to the final exam, students will take a pro-active approach to the studies in this class by preparing a protest for an administrative appeal in a hypothetical tax situation and drafting an appropriate strategy to a hypothetical case study.
Prerequisite(s):
Top
Problem-solving Approaches to Conflict Resolution (2)
505C
Concentration(s):
(Formerly DCL 553)
(Formerly ADR Survey)
This interactive course will cover the following topics: critical perspectives of ADR, negotiations (strategies, positioning for influence, and truthfulness), mediation (structuring enforceable agreements to mediate, confidentiality, mediator liability, and professional responsibility issues in mediation), third party evaluation and fact-finding, settlement perspectives, including the use of class actions, arbitration (preemption, enforceability of agreements to arbitrate, defenses to arbitration, due process, remedies and judicial review, judicial immunity), and alternative dispute resolution in state and federal courts. Teaching modalities will include lecture, simulations, video and exercises, along with selected book readings.
Prerequisite(s):
-Civil Procedure I
-Civil Procedure II
Top
Problem-solving in Contracts (1)
600E
Concentration(s):
Using a problem format, the course will review major contract topics including: contract formation, consideration, defenses, third party beneficiaries, assignment & delegation, parol evidence, breach and remedies. The course is recommended to students who want to improve their mastery of material covered in the first-year Contracts course. Only graduating third year students are eligible to enroll in this course.
Prerequisite(s):
Top
Problem-solving in Property (1)
600D
Concentration(s):
Using a problem format, the course will review major property topics including: estates, easements, covenants, adverse possession, conveyances, recording statutes, and mortgages. The course is recommended to students who want to improve their mastery of material covered in the first-year Property course. Only graduating third year students are eligible to enroll in this course.
Prerequisite(s):
Top
Products Liability (2)
522
Concentration(s):
(Formerly DCL 514)
A study of the sources, development and limits of the law of product liability, with particular attention to theories rooted in negligence, fraud, warranty and strict liability in tort as they are applied to the problems of a technological society. This course examines problems of evidence and proof and focuses on an in-depth study of a current major problem area, such as automobile design.
Prerequisite(s):
Top
Professional Responsibility (3)
500Q
Concentration(s):
(Formerly DCL 260)
A course designed to acquaint the law student with many of the obligations owed by the lawyer, both individually and as a member of the legal profession, to the society in which he/she lives. In addition to a discussion of ethical problems involved in the practice of law, an overview of all phases of the profession will be undertaken, including disciplinary proceedings, the functions of Bar organizations and unauthorized practice.
Prerequisite(s):
Top
Property (4)
500G
Concentration(s):
(Formerly DCL 113)
This is a survey course of the fundamentals of property law. Possessory interests of real and personal property including findings, bailments and adverse possession are discussed and analyzed. Topics also include future interests, concurrent ownership, lease holds, transfers of land and land use controls.
Prerequisite(s):
Top
Property and its Theoretical Foundations (2)
533T
Concentration(s):
This seminar is devoted to an examination of the theoretical issues underlying the concept of property. General topics of discussion will include: the philosophic definition and justification of property, the relationship of property to positive law, the relationship of the right to property to other rights, and the place of property in a just society. Class discussion will focus on close readings of the natural rights philosophers-Hugo Grotius, Samuel Pufendorf, and John Locke-as well as Jeremy Bentham, Pierre-Joseph Proudhon, Karl Marx, the early twentieth-century Progressives, the legal realists, the Critical Legal Studies movement, Law and Economics, and others. The purpose of this seminar is to gain a better understanding of the theoretical foundation-and criticism-of the concept of property.
Prerequisite(s):
Top
Public Employment Labor Law (2)
608
Concentration(s):
(Formerly DCL 336)
This course reviews labor relations law in the public sector with a detailed review of public sector unionism: the right to join and form unions in the public sector; the establishment of a collective bargaining relationship in the public sector, including the obligation and duty to bargain; union security in public employment; the right to strike and picket in the public sector; the techniques of settlement of collective bargaining impasses in the public sector without the use of strikes; the enforcement of the collective bargaining agreement; and the political and civil rights of public employees.
Prerequisite(s):
Top
Public Health Law (2)
558G
Concentration(s):
(Formerly DCL 568)
This course will examine the structure of public health law. We will examine the history and origins of government responsibility and power concerning the public's health, individual rights within the public health care system, and the relationship between laws concerning population health and individual health. Topics will include such issues as responses to threats of bioterrorism, infectious disease, environmental threats such as tobacco and lead, immunization programs, quarantine, and privacy concerns. We will also examine the Model State Emergency Health Powers Act and other proposed public health law reforms.
Prerequisite(s):
Top
Public International Law (3)
548N
Concentration(s):Int'l & Comparative Law
(Formerly DCL 341)
This course involves the study of the international legal system, sources and organizations. It also examines the relationship of individuals and states in international law and transnational legal and economic problems.
Prerequisite(s):
Top
Regulatory and Administrative State, The (3)
558Q
Concentration(s):
The course will explore a range of regulatory responses to risk to human life and health with a focus on the rationale behind various regulatory institutions and alternative legal instruments. These issues will be addressed through examples drawn from workplace health and safety, environmental protection, and food and drug law. The course will begin with analysis of common law modes of regulation through contract, torts and criminal law doctrines. The remainder of the semester will examine the transformation form the common law state to the administrative state, the intersection between legislatures, courts, and agencies in current governmental response to risk, and prominent social science theories on the source of regulatory failure and models of regulatory reform.
Prerequisite(s):
Top
Religion in Education Law (2)
579Q
Concentration(s):
This course will explore issues arising at the intersection of religion and education law. Issues explored will include school prayer, public funding of religious entities, tuition vouchers, the creationism/evolution debate, and equal access issues.
Prerequisite(s):
Top
Remedies (2)
593D
Concentration(s):
(Formerly DCL 423)
This course provides an overview of the main types of remedies available in the American legal system following a determination of liability for violation of contract, tort, property, or constitutional law. The course will cover monetary damages, equitable relief, and examine the implications of choosing particular remedies, when such choice is available.
Prerequisite(s):
-Contracts I
Top
Rental Housing Clinic I (3)
630A
Concentration(s):
(Formerly DCL 421)
Rental Housing Clinic I will cover the basics of landlord-tenant law including creation of tenancy, the rights and duties of the parties, leases, violations of leases, termination of leases and eviction. The course will also cover the litigation process as it relates to landlord-tenant law. Students will be assigned actual clients with rental housing problems and will, with supervision, act as legal counsel for these clients. Representation may include dispute resolution, mediation or litigation, depending on the particulars of each individual case.
In addition to class times, students enrolled in clinical programs must work a minimum of 12 hours at the clinic each week (in general, each student puts in an additional 12-15 hours weekly). NOTE: Enrolled students must attend a mandatory two-day clinic “Boot Camp” that takes place on the Saturday and Sunday immediately before the first day of class. Please see the clinics' website for additional information.
Prerequisite(s):
Top
Rental Housing Clinic II (3)
630B
Concentration(s):
(Formerly DCL 426)
Rental Housing Clinic II will be an opportunity to continue the client representation conducted in Landlord-Tenant Law. The course will allow more sophisticated representation and allow for some directing of students in Landlord-Tenant Law. This course is by invitation only.
In addition to class times, students enrolled in clinical programs must work a minimum of 12 hours at the clinic each week (in general, each student puts in an additional 12-15 hours weekly). Please see the clinics' website for additional information.
Prerequisite(s):
-Rental Housing Clinic I
Top
Research, Writing and Advocacy I (2)
500J
Concentration(s):
(Formerly DCL 151)
This is a graded course. Students begin by learning the basics of the U.S. court system, common law, case briefing and legal analysis. They are then taught the fundamentals of non-electronic legal research and writing through the assignment of problems geared to exercise their analytical and problem-solving abilities. Throughout the semester, students produce several legal research assignments, objective office memoranda and a client letter.
Prerequisite(s):
Top
Research, Writing and Advocacy I: From an Intellectual Property Perspective (2)
500V
Concentration(s):
This is a graded course. Students begin by learning the basics of the U.S. court system, common law, case briefing and legal analysis. They are then taught the fundamentals of non-electronic legal research and writing through the assignment of problems geared to exercise their analytical and problem-solving abilities. Throughout the semester, students produce several legal research assignments, objective office memoranda and a client letter, with a focus on trademark, copyright and patent law.
Prerequisite(s):
Top
Research, Writing and Advocacy II (2)
500K
Concentration(s):
(Formerly DCL 152)
This is a graded course. Students learn the art of persuasive argumentation by drafting a 30-page appellate brief on a topical legal issue, complying with appellate court rules and then presenting a simulated oral argument to members of the bench. During the semester, students also attend appellate arguments or trial court motion sessions and prepare brief synopses of cases heard. Successful completion of RWA I is a prerequisite to enrollment in RWA II.
Prerequisite(s):
-Research, Writing and Advocacy I
Top
Sales and Leases (3)
501F
Concentration(s):
This course examines the information and terms, as well as remedies for breach, of contracts for sales of goods, under Article 2 of the Uniform Commercial Code (UCC). The course also examines Article 2A's provisions on leases and provides an overview of the similarities and differences between Article 2 of the UCC and the United Nations Convention on the International Sale of Goods. Other topics that the course may cover include documents of title under Article 7 of the UCC, Magnuson Moss Warranty Act, or the Uniform Computer Information Transactions Act (UCITA). Students who have taken Commercial Transactions (LAW 501C) may be ineligible to take this course, so approval from the professor must be obtained to enroll.
Prerequisite(s):
-Contracts I
-Contracts II
Top
Secured Transactions (2)
501E
Concentration(s):
(Formerly DCL 240)
Covers the process of financing the sale of goods, the secured transaction under Article 9 of the Uniform Commercial Code, including creation, perfection, priority of security interests in personal property and default procedures.
Prerequisite(s):
-Contracts II
Top
Securities Regulation I (3)
524B
Concentration(s):
(Formerly DCL 428)
This course examines the registration requirements applicable to public offers of securities under the Securities Act of 1933 and the Michigan Blue Sky Law. Primary emphasis will be placed upon the various types of securities that are subject to registration and the exemptions from registration requirements. In addition, the course will explore, in further depth, the Securities and Exchange Act of 1934. Business Enterprises may be taken concurrently.
Prerequisite(s):
-Business Enterprises
Top
Small Business and Nonprofit Law Clinic I (3)
630E
Concentration(s):
(Formerly DCL 624)
Supervised clinical practice requires students to assume substantial responsibility for representing clients with various business and transactional matters. Clinical Residents will explore and begin to develop the fundamental legal skills and professional values involved in practicing law-particularly those in business and transactional law. They will develop an understanding of business logic and the importance of adding value to a transaction. Depending on case assignments, law students will gain experience interviewing and counseling clients, negotiating with other attorneys and parties, planning, negotiating and documenting transactions and dispute resolutions, conducting factual investigations and legal audits of businesses, and monitoring and advising compliance with federal, state and local statutes, rules and regulations. Pre-requisites: Business Enterprises. Also preferred, but not required: Accounting for Lawyers OR Corporate Finance. Competitive selection process.
In addition to class times, students enrolled in clinical programs must work a minimum of 12 hours at the clinic each week (in general, each student puts in an additional 12-15 hours weekly). NOTE: Enrolled students must attend a mandatory two-day clinic “Boot Camp” that takes place on the Saturday and Sunday immediately before the first day of class. Please see the clinics' website for additional information.
Prerequisite(s):
-Accounting for Lawyers
-Business Enterprises
-Corporate Finance
Top
Small Business and Nonprofit Law Clinic II (3)
630J
Concentration(s):
(Formerly DCL 624A)
In addition to class times, students enrolled in clinical programs must work a minimum of 12 hours at the clinic each week (in general, each student puts in an additional 12-15 hours weekly). Please see the clinics' website for additional information.
Prerequisite(s):
Top
Sports Law (2)
609
Concentration(s):
(Formerly DCL 351)
This course explores the legal structure of and problems surrounding amateur and professional sports leagues and associations. Included will be an examination of the role of the collective bargaining process, representation of the professional athlete, individual contracts and arbitration in professional sports, anti-trust law implications and common problem areas, including the particular place of tort and criminal law in professional and amateur sports.
Prerequisite(s):
Top
State and Local Government Law (2)
579N
Concentration(s):
(Formerly DCL 354)
This course considers the organization of municipal corporations, their powers and the limitations on such powers. Also considered are property interests of governmental units, their liability for torts, and the acts of their officers and employees.
Prerequisite(s):
Top
State and Local Taxation (2)
572B
Concentration(s):Tax
(Formerly DCL 356)
This course involves the study of the requirements of uniformity and equality and certain other constitutional limitations on state and local taxes, ad valorem property taxes, commerce clause and import and export restrictions on state taxes, business taxes, due process clause restrictions on state taxes, exemptions from taxation and tax procedure. Specific coverage of Michigan income taxes of individuals and corporations and the Michigan inheritance tax is also included.
Prerequisite(s):
Top
Strategic International Transactions (3)
512G
Concentration(s):
This course will introduce Law College students to the most frequently encountered types of strategic international business arrangements including acquisitions, joint ventures and foreign direct investment, project finance, and international equity financing transactions.
Prerequisite(s):
Top
Street Law (2)
630K
Concentration(s):
The class is one semester and includes up to 12 law students who teach in pairs in various Lansing high school social studies classes. The substance of the course utilizes discussion of landmark Supreme Court cases in the context of hypothetical fact patterns that relate to the high school students’ lives. The topics of the classes can include the American Legal System, Constitutional Law, and Criminal Law. The law student instructors use interactive teaching methodologies such as small group exercises, role plays, and simulations of legal proceedings that the student instructors practice in a weekly seminar at the law school.
The course has two components: a 100-minute weekly seminar, and a field component in which the law students teach in one-hour increments. Law students are responsible for developing lesson plans and executing those plans once the plans are approved by both the Law School faculty member and the high school teacher. Students’ grades are based in part on their performance during the training and seminar portions of the course and in part on their performance in the high school classrooms that are monitored by the law school faculty member.
Enrollment in this course is by permission only. The credit/no credit option cannot be elected.
Prerequisite(s):
-Constitutional Law I
-Constitutional Law II
-Criminal Law
Top
Tax Clinic I (3)
630C
Concentration(s):
(Formerly DCL 476)
Tax Clinic I addresses federal, state and local tax law concerning the filing of nonresident alien income tax returns and the representation of clients in controversies before the Internal Revenue Service and the Tax Court. Tax Clinic I also covers issues involving the practice of law and the representation of clients in a small law firm setting. Students will represent clients under the supervision of clinic faculty, and prepare nonresident alien income tax returns, as well as handle tax controversies for qualifying clients. In participating in Tax Clinic I, students are called upon to hone client management, negotiation, tax research and litigation skills.
In addition to class times, students enrolled in clinical programs must work a minimum of 12 hours at the clinic each week (in general, each student puts in an additional 12-15 hours weekly). NOTE: Enrolled students must attend a mandatory two-day clinic “Boot Camp” that takes place on the Saturday and Sunday immediately before the first day of class. Please see the clinics' website for additional information.
Prerequisite(s):
Top
Tax Clinic II (3)
630D
Concentration(s):
(Formerly DCL 515)
Tax Clinic II is offered as a continuing opportunity to students who have successfully completed coursework in Tax Clinic I to enable them to further refine their skills in counseling and representing low-income and English-as-a-second-language clients, and in resolving an litigating tax controversies before the Internal Revenue Service and the United States Tax Court. Like Tax Clinic I, Tax Clinic II operates in a law-firm environment, and is designed to enhance students' work in a tax practice involving counseling of persons for whom English is a second language (ESL) about their rights and responsibilities under the Internal Revenue Code, the ancillary preparation of federal, state, and local income tax returns for ESL persons, and the representation of low-income clients in tax controversies before the Internal Revenue Service (IRS) and the United States Tax Court. Typically, students who are enrolled in Tax Clinic II take on more sophisticated problems and litigation, and may be assigned specific tax-related projects as part of their coursework. As in Tax Clinic I, students gain experience under the supervision of a licensed attorney in interviewing and representing actual clients who may have significant language barriers, who have little or no knowledge of applicable income tax laws, and who may have a variety of problems attendant to their nonresident alien, or other, status. Throughout this course, students enhance their proficiency in evaluating issues associated with counseling of ESL persons through consultation of provisions of the Internal Revenue Code (IRC), income tax treaties in effect between the United States and many foreign countries, Treasury regulations and rulings, applicable state statutes, rules and administrative interpretations, and case law. In addition, students mature in their familiarity with the requirements and demands of the law firm environment, and better develop their expertise with federal tax practice and procedure issues.In addition to class times, students enrolled in clinical programs must work a minimum of 12 hours at the clinic each week (in general, each student puts in an additional 12-15 hours weekly). Please see the clinics' website for additional information.
Prerequisite(s):
-Tax Clinic I
Top
Tax Policy Seminar (2)
572D
Concentration(s):
(Formerly DCl 517)
This seminar covers a range of tax policy issues arising from Federal Taxation. The specific issues studied will vary but, in general, will focus on progressivity and redistribution. Topics likely to be covered include: the use of the income tax as a fiscal policy tool; the concept of income; imputed income; progressive versus flat tax rates; taxation of families; income versus consumption taxation; tax expenditures, exclusions, and deductions; taxation of business and investment income; capital gains and losses; and transfer or wealth taxes. A paper will be required. The topic will be determined after consultation with the instructor. This seminar is open to students who have taken or are enrolled in Basic Income Taxation (A or B). Others who are interested may enroll with the permission of the instructor.
Prerequisite(s):
Top
Technology Enhanced Trial Advocacy (0)
623G
Concentration(s):Trail Practice Institute
In lieu of tuition, a fee that is not covered by an MSU Law scholarship is assessed for this course. Contact the Trial Practice Institute office at 517-432-6969 to obtain the fee amount. This lab provides hands on training in the efficient uses of courtroom technology and the presentation of electronic evidence. The primary objective of the lab is to provide students with the knowledge and skills to efficiently use electronic evidence in pre-trial and trial litigation. Students enrolled in the Trail Practice Institute are given priority enrollment.
Prerequisite(s):
Top
Topic in Intellectual Property and Communications Law: IPR and International Technology Transfer (2)
535C
Concentration(s):
(Formerly DCL 574)
PREQUISITE: A course in the Intellectual Property & Communications Law Concentration or by permission of the Instructor.
NOTE: This course cannot be used for summer graduation or for the July Bar Exam certification.
Every summer, the Intellectual Property & Communications Law Program and the Institute of International Agriculture jointly sponsor a one-week internship program in intellectual property rights with a focus on technology transfer, use, and management with the context of GATT/WTO. This program provides hands-on training in the day-to-day handling of intellectual property matters in university, business, and other settings. More information about the program is available at http://www.iia.msu.edu/ipr-course05.htm. Participants are required to attend ALL sessions of the internship program and complete a seminar paper. They are also required to submit an outline, a rough draft, and a final draft and maintain regular contact with the instructor. This course may fulfill the ULWR requirement. As this course is a fee-based seminar offered by the College of Agriculture and Natural Resources, MSU Law scholarship awards cannot be used for this course.
Prerequisite(s):
Top
Topics in Commercial Transactions (0)
593F
Concentration(s):
Special topics in commercial transactions that may be taught in conjunction with MSU law program.
Prerequisite(s):
Top
Topics in Commercial Transactions: Sales, Leases and Licenses (3)
593F
Concentration(s):
The course addresses: (i) sales and documentary sales of goods under UCC Articles 2, 5, and 7; (ii) international sales under the UN Sales Convention (CISG); (iii) leases of goods under Article 2A; and (iv) computer information transactions; agreements to license computer information. Unidroit Principles, Incoterms, and Uniform Customs and Practice for Documentary Credits (UCP600), etc., will be introduced.
Prerequisite(s):
Top
Topics in Comparative Constitutional Law: Free Expression (2)
549D
Concentration(s):
In the first half of the course, the class will work through a book on the topic. In addition to the readings in the first half of the semester, the students will research topics for their papers. The topics will involve an issue in free expression, such as hate speech, trial publicity, the treatment of sexual images, children and media,etc., and a country or countries. The papers will discuss how the selected area is treated in the selected country or countries. In the second half of the semester, each student will make a presentation on his or her topic.
Prerequisite(s):
-Constitutional Law I
-Research, Writing and Advocacy I
-Research, Writing and Advocacy II
Top
Topics in Constitutional Law (0)
579U
Concentration(s):
Special topics in constitutional law that may be taught in conjunction with MSU law program
Prerequisite(s):
Top
Topics in Constitutional Law: Fourteenth Amendment Equality Seminar (2)
579U
Concentration(s):
This seminar focuses on the Equal Protection Clause of the Fourteenth Amendment. Students will review Supreme Court cases, study legal scholarship, and critique social science literature exploring the implications of equality law. We will discuss definitions of equality, approaches to reaching equality goals, doctrinal shifts, and proposed policy revisions. Students should gain a framework for critically analyzing the equality arguments asserted on behalf of groups in varying social contexts, e.g., gender in employment settings, wealth discrimination, and race in education. It is recommended, but not required, that students take Constitutional Law II prior to enrolling in this course.
Prerequisite(s):
Top
Topics in Constitutional Law: U.S. Foreign Relations Law (2)
579U
Concentration(s):
The course is designed to introduce students to the law of foreign relations in the United States. In general terms, it examines the impact of the constitutional distribution of powers on the conduct of U.S. foreign relations law. In particular, it addresses the influence of separation of powers doctrines on the conduct of foreign relations, the status of international law in the U.S. legal system, the role of the courts in adjudicating issues affecting foreign relations, and the controversy over distribution of war powers between the President and Congress.
Prerequisite(s):
Top
Topics in Constitutional Law: Comparative Citizenship (1)
579U
Concentration(s):
After providing an overview of the ways in which individuals become citizens in a formal sense, this course will explore what citizenship means in a substantive sense and how those meanings have been created and changed through constitutional provisions, legislation, and judicial interpretation in various democracies.
Prerequisite(s):
Top
Topics in Constitutional Law: Writings of the Founding (0)
579U
Concentration(s):
This course could be offered for 2 or 3 credits.
This course provides intensive coverage of the writings instrumental to, and created by, the Nation's founders (defined to include the framers and ratifiers of the 14th amendment). The learning objective is to introduce students to the writings which express the very philosophical and jurisprudential bases of the Constitution. Students should come away with a greater understanding of the enduring principles that motivated the Constitution at the time of its creation and continue to animate it today.
Prerequisite(s):
Top
Topics in International Law (0)
548Z
Concentration(s):
Special topics in international law that may be taught in conjunction with MSU law program
Prerequisite(s):
Top
Topics in International Law: Law in Africa (2)
548Z
Concentration(s):
The course will focus on Sudan, with an emphasis on Sudan’s October Revolution in which unarmed civilians overthrew a military dictatorship. A substantial number of the civilian leaders were law students, law teachers, lawyers, and judges (similar to recent events in Pakistan). It was the ultimate in “law in action.” In addition to learning something about law in Africa, the course has strong themes in “professional responsibility.” The teacher was in his third year in Sudan during the events and witnessed many of them, but the manuscript is principally based on interviews with the leading participants. The course has been given at U of Wisconsin Law School in 2008.
Prerequisite(s):
Top
Topics In Jurisprudence: Patterns of American Jurisprudence (1)
579S
Concentration(s):
This course offers an introduction to various schools of jurisprudence, from circa 1250 to 1990, with illustrations from around the world.
Prerequisite(s):
Top
Topics In Professional Responsibility (2)
500U
Concentration(s):
This course covers special topics in law that may be taught in conjunction with MSU law programs, visiting professors or for other reasons.
Prerequisite(s):
Top
Topics in Professional Responsibility: The First Amendment and Regulation of Lawyers' Speech (2)
500U
Concentration(s):
The First Amendment protection afforded to the speech of lawyers is a critically important aspect of professional responsibility and legal ethics. This seminar provides an opportunity for students to conduct an intensive study of Supreme Court cases, lower court decisions, legal scholarship, and other materials addressing the regulation of attorney speech. The topics to be explored in this seminar include attorney licensing requirements, regulation of professional advice, advertising/solicitation restrictions, legal blogs/websites, criticism of the judiciary, civility rules, courtroom decorum, pre-trial publicity/statements to the media, mandatory reporting/whistle-blowing, confidentiality duties, and judicial speech. It is recommended, but not required, that students take Constitutional Law II prior to enrolling in this seminar.
Prerequisite(s):
Top
Topics in Professional Responsibility: Lawyers and Practice Settings (2)
500U
Concentration(s):
An examination of lawyer ethics issues that are specific to various practice settings. Because the law that governs lawyer behavior depends in part on lawyer culture, specific practice settings produce distinct lawyer ethics questions and applications. The practice settings examined may vary from year to year, but will always include criminal defense, prosecution, in-house corporate counsel, and government practice. Other settings will be added to this list, based in part on student interest.
Prerequisite(s):
Top
Topics in Property Law (2)
533W
Concentration(s):
Topics in Property Law will examine a number of cutting edge property issues with the intention of examining the public policy issues that surround them and the underlying jurisprudence. Topics will include the creation of property interests in the world of internet gaming, the status of animals as property; the patenting of human gene sequences and intellectual rights in the digital distribution world. There will also be a few comparative property topics to consider what is done in other countries with property issues. A paper will be required. No exam.
Prerequisite(s):
Top
Topics in Property Law: Eminent Domain Seminar (2)
533W
Concentration(s):
This seminar focuses on eminent domain and condemnation issues.
Prerequisite(s):
Top
Topics in Tort Law (0)
525B
Concentration(s):
Special topics in tort law that may be taught in conjunction with MSU law program.
Prerequisite(s):
Top
Topics in Tort Law: Tort Theory (2)
525B
Concentration(s):
This seminar will explore the main explanatory theories of tort liability (also encompassing products liability), including among others, those based on conceptions of corrective justice, deterrence, communitarian ethics, and economic efficiency, etc. More particularly, the course will focus on various controversies relating to the nature of tort law principles, scope of liability for harm, causation, damages (e.g., inchoate and future loss) and tort reform. The readings for the seminar will consist of both classic works and significant contemporary studies.
Prerequisite(s):
-Torts I
Top
Torts I (4)
500R
Concentration(s):
(Formerly DCl 141)
The study of the protection that the law affords against interference by others with one's person, property or intangible interest. It is broadly divisible into three areas of liability: intentional interference, negligence and strict liability. Specific tort actions and defenses are analyzed. Each is examined in the context of underlying social and economic factors that provide the framework in which law develops and social conflict is managed.
Prerequisite(s):
Top
Torts II (3)
525
Concentration(s):
(Formerly DCL 434)
This course is a continuation of the required Torts course. Building on the basic tort causes of action based on intent, negligence and strict liability, this course will survey a wide variety of specialized tort topics including workers' compensation, social security disability benefits, no-fault automobile insurance, defamation, privacy, malicious prosecution, trademark infringement, misrepresentation and tort actions created under civil rights law. It also will focus on practical problems in torts cases such as settlement, contribution and indemnification. The course includes a practice component. Students will interview a client in an automobile negligence or slip-and-fall case, draft a complaint based upon the interview and draft a case evaluation summary.
Prerequisite(s):
-Torts I
Top
Trademark Law and Unfair Competition Law (2)
533N
Concentration(s):
(Formerly DCL 461)
This course addresses current issues and developments such as the constitutional foundations and limitations of trademark protection, domain names and cybersquatting.
Prerequisite(s):
Top
Transnational Legal Research (2)
548Q
Concentration(s):Int'l & Comparative Law
(Formerly DCL 445)
This course is designed to develop the student's skills in legal research, writing and advocacy concerning legal problems transcending national borders. Class work is split into lecture and library sessions concentrating on legal bibliography and the legal process of transnational problems. The course also will include an intensive writing and advocacy exercise. Performance in the course will provide the basis for invitation to membership on the Jessup Team or the Niagara Team.
Prerequisite(s):
Top
Trial Practice Institute - Trial I (3)
623D
Concentration(s):
(Formerly DCL 534)
Must be in the Trial Practice Institutue program.
Because certain non-TPI courses duplicate the content of this course, students may not also receive academic credit for the following courses: Applied Evidence, Civil Trial Advocacy I, Civil Trial Advocacy II, Client Counseling and Interviewing, Criminal Trial Advocacy I - Pre-Trial, Criminal Trial Advocacy II - Trial II.
Prerequisite(s):
Top
Trial Practice Institute-Pretrial II (2)
623C
Concentration(s):
(Formerly DCL 513)
Must be in the Trial Practice Institute program. Pretrial II focuses on the fundamental approaches of persuasion, elements of advocacy and methods of effective presentation. The class is divided into four teams of four people which are then assigned depositions of witnesses in a problem with fact, lay and expert witnesses. At the conclusion of the deposition phase of the problem, motions in limine are prepared and argued by each team. Additionally, a facilitative mediation brief is prepared by all teams and argued. At the conclusion of the class, opening statements are prepared and presented by each one of the teams. The students will be prepared at the end of the course for the elements of the Trial I course that will commence in the second year of the program. Must be in the Trial Practice Institute program.
Because certain non-TPI courses duplicate the content of this course, students may not also receive academic credit for the following courses: Applied Evidence, Civil Trial Advocacy I, Civil Trial Advocacy II, Client Counseling and Interviewing, Criminal Trial Advocacy I - Pre-Trial, Criminal Trial Advocacy II - Trial II.
Prerequisite(s):
Top
Trial Practice Institute-Trial II (3)
623E
Concentration(s):
(Formerly DCL 542 and DCL 565, Formerly Trial Practice Institute-Trial IIA and Trial Practice Institute-Trial IIB )
Must be in the Trial Practice Institute program. This course caps the trial training program at Michigan State University-DCL College of Law. The purpose of the course is to provide graduating seniors with the opportunity to use the skills and education they have received to handle a complete criminal case, from their initial interview with the client (or making the charging decision based upon a law enforcement investigation and request for warrant). This program is unique in that the defendant, law enforcement witnesses, civilian witnesses, and expert witnesses will be students from the Michigan State University, Department of Theatre. The expert witnesses will be students from the Michigan State University Medical School. The objective for all students involved is to have hands on experience related to their particular college and curriculum at Michigan State University. Law students will have an opportunity to take a criminal case from start to finish, investigating the facts of the case, preparing for all aspects of the case through the development of the theory of the case, interviewing witnesses, conducting the preliminary examination, motion practice and culminating with the trial itself. The goal is to provide an opportunity to put into practice what students have learned over their law school career at MSU College of Law. Must be in the Trial Practice Institute program.
Because certain non-TPI courses duplicate the content of this course, students may not also receive academic credit for the following courses: Applied Evidence, Civil Trial Advocacy I, Civil Trial Advocacy II, Client Counseling and Interviewing, Criminal Trial Advocacy I - Pre-Trial, Criminal Trial Advocacy II - Trial II.
Prerequisite(s):
Prerequisite(s):
Top
Trial Practice Institute: Forensic Science (2)
623F
Concentration(s):
(Formerly DCL 543)
This course will present students with a discussion of the nature of forensic science and scientific evidence. Topics include: forensic science, scientific evidence, admissibility of scientific evidence, quality assurance and control. There will also be lectures on certain areas of forensic science that are often the subject of litigation. These include DNA, inferential statistics, traffic accident reconstruction, forensic engineering, forensic pathology, paternity testing and drunk driving. The course meets for 4 hours per week for 7 weeks. Must be in the Trial Practice Institute program.
Because certain non-TPI courses duplicate the content of this course, students may not also receive academic credit for the following courses: Applied Evidence, Civil Trial Advocacy I, Civil Trial Advocacy II, Client Counseling and Interviewing, Criminal Trial Advocacy I - Pre-Trial, Criminal Trial Advocacy II - Trial II.
Prerequisite(s):
Top
Trial Practice Institute: Pre-Trial I (3)
623B
Concentration(s):
(Formerly DCL 506)
Must be in the Trial Practice Institute program.
Because certain non-TPI courses duplicate the content of this course, students may not also receive academic credit for the following courses: Applied Evidence, Civil Trial Advocacy I, Civil Trial Advocacy II, Client Counseling and Interviewing, Criminal Trial Advocacy I - Pre-Trial, Criminal Trial Advocacy II - Trial II.
Prerequisite(s):
Top
Trial Practice Institute: Theatrical Skills - Advocacy as a Performing Art (1)
623A
Concentration(s):
(Formerly DCL 533)
A 7 week workshop designed to enhance a students' advocacy skills through application of actor training techniques by increasing student awareness of the ability to communicate effectively with both voice and body. The course consists of one 1 hour 50 minute session per week for 7 weeks in which students will participate in various acting exercises and improvisations emphasizing effective use of body language and physical expressiveness, developing spontaneity in presenting prepared material, exploring the rhetorical hooks and vocal nuances essential to persuasive speaking and strengthening storytelling skills. At the end of the workshop, students will present a public speech by a current or historical speaker as if it was an opening or closing argument to a jury. Must be in the Trial Practice Institute program.
Because certain non-TPI courses duplicate the content of this course, students may not also receive academic credit for the following courses: Applied Evidence, Civil Trial Advocacy I, Civil Trial Advocacy II, Client Counseling and Interviewing, Criminal Trial Advocacy I - Pre-Trial, Criminal Trial Advocacy II - Trial II.
Prerequisite(s):
Top
US Law and Ethics of Human Subjects Research (2)
558P
Concentration(s):
Interdisciplinary understanding of the substance and interrelationships of US law and ethics in protecting human subjects of biomedical (including clinical and other translational) and behavioral research. Of particular interests to students in health law, human subject research and ethics.
Students are limited to taking either this course or International Law and Ethics of Human Subjects Research, but not both.
Prerequisite(s):
Top
Water Law (2)
566D
Concentration(s):
(Formerly DCL 372)
The course will examine the two legal systems under which water rights in the United States are allocated: the riparian doctrine and the prior appropriation system. In addition, the course will consider Native American and other federal reserved water rights, the public trust doctrine and the interstate allocation of water. Finally, attention will be given to matters of particular regional interest, such as recreational access to water bodies and Great Lakes water issues. Two themes will shape the course: what factors led to the development of distinct water law doctrines and to what extent should environmental (quality) and public interest concerns be integrated into resource allocation schemes.
Prerequisite(s):
Top
Weapons of Mass Destruction and International Law (2)
548R
Concentration(s):
(Formerly DCL 469)
This course has two objectives: 1) to consider whether the basic concepts underlying strategic nuclear doctrine are consistent with the international law of armed conflict and 2) to analyze and evaluate the implications of the international law of armed conflict for the arms control process. The course will provide the law student with a framework for understanding the trends and patterns of international conflict with particular attention to the nuclear weapons dimension of international conflict. The course also will examine the character of international law with emphasis placed on its limits, as well as its achievements. Attention will be focused on the links between law and politics and law and justice by making an evaluation of past and present efforts to establish a viable and stable structure of peace in international affairs.
Prerequisite(s):
Top
Wildlife Law (2)
565B
Concentration(s):
(Formerly DCL 376)
A study of the legal system's impact on wildlife. The primary focus will be on recent laws and cases and, in particular, the Endanger Species Act and Marine Mammal Protection Act. A paper will be required.
Prerequisite(s):
Top
Workers' Compensation (2)
610
Concentration(s):
(Formerly DCL 389)
This course involves the study of the principal provisions of the Michigan Workers' Disability Compensation Act and decisions thereunder, notably in respect to compensability, benefits and proceedings before the Compensation Bureau.
Prerequisite(s):
Top
Writing Skills Workshop (0)
500S
Concentration(s):
(Formerly DCL 154)Taken in conjunction with Research, Writing and Advocacy.
Prerequisite(s):
Top
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