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 and Ethics (0)
Concentration(s):
The centrality of alternative dispute resolution in litigation requires lawyers to be cognizant of ethical and professional responsibility issues-conflicts of interests, impartiality, confidentiality and competence-that arise in the context of negotiation, mediation, and arbitration. Students will explore the interface between ethics and the settlement process, best practices when selecting a mediator, dispute resolution and the unauthorized practice of law, enforcement of ethics in mediation, ethics and morality in negotiation, ethics for provider organizations, whether attorneys should advise clients of ADR options, ethics and mandatory arbitration, and ethical dilemmas arising out of ombuds practice.
Prerequisite(s):
Top
ADR in the Workplace (2)
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
ADR Survey (now known as Problem-Solving Approaches to Conflict Resolution) (3)
553
Concentration(s):
(Name changed to Problem-solving Approaches to Conflict Resolution)
Prerequisite(s):
Top
Advanced Criminal Procedure (2)
616A
Concentration(s):
(Formerly DCL 400)
This class will examine a variety of issues, both constitutional and practical, with which a criminal trial practitioner must be familiar. These topics include the right to counsel, prosecutorial discretion, charging instruments, venue and joinder, pretrial release and preliminary hearings, discovery, guilty pleas and the role of the press in the criminal process. Criminal Procedure I is recommended to be taken previously.
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 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
Advocacy I (2)
587Q
Concentration(s):
(Formerly DCL 410)
THIS COURSE HAS BEEN REPLACED WITH CIVIL TRIAL ADVOCACY I (course LAW 587B).
Evidence may be taken concurrently with Advocacy I, but extra preparation may be necessary. The purpose of these courses is to provide practical skills training through simulated exercises. As far as practicable, students will be given "hands-on" training in various phases of the litigation process. Advocacy I covers pretrial preparation for trial; Advocacy II covers the trial.
Prerequisite(s):
-Civil Procedure I
-Civil Procedure II
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
Alternative Dispute Resolution (2)
Concentration(s):
(Name Changed to Problem-Solving Approaches to Conflict Resolution) (Formerly DCL 420)
This course will explore techniques for resolving disputes to avoid extensive court litigation. The course will have simulated sessions of dispute resolution techniques, including summary trials, mini-trials and the mediation/arbitration process.
Prerequisite(s):
-Civil Procedure I
-Civil Procedure II
Top
American Jurisprudence for Foreign LL.M. (2)
803
Concentration(s):
This course introduces international LLM students to the US legal system and to US legal education, thus helping to bridge the gap between students' prior law training and enrollment in advanced courses at the law college. It covers fundamentals of the US legal system including an overview of the US constitution, federalism, the structure and function of the US courts system (federal and state levels), the principles of stare decisis, sources of law and common law development and methodology. This course is required to be taken by all candidates for the LLM for Foreign Lawyers. It is also recommended for any other LLM candidate who has not previously studied law at an American law school.
Prerequisite(s):
Top
American Legal History Seminar (2)
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):
(NEW course as of Spring 2006)
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
Art and the Law (2)
533U
Concentration(s):
The course examines the legal, ethical and practical issues relating to the protection of artists, their works, including "fine art," and cultural property, as well as the acquisition, exhibition and trade in such works. We will consider the impact of both national and international laws and treaties in the area (including those developed under the auspices of UNESCO) and will explore the role of museums, art dealers and non-governmental agencies in the protection and trade in art and cultural property. In addition, we will consider such problems as the role of copyright in the creation and protection of art, art censorship, moral rights, the protection of cultural property and traditional knowledge, and the return of stolen or illicitly acquired art. As part of our course of study we will examine recent high profile events relating to looted art, smuggling and illicit trade in cultural objects, corporate censorship, fraud, forgeries, and public art.
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
Bankruptcy Reorg.: Personal/Small Business (2)
506D
Concentration(s):
(Formerly DCL 431)
Course is a thorough and practical understanding of the most widely used Bankruptcy Reorganization Chapter for individuals and small business. Emphasis is on Chapter 13 of the Bankruptcy Code but also touches on the differences between Chapter 13, Chapter 7, (straight liquidation) and Chapter 11 (corporate and partnership reorganizations). Students will learn practical applications on what the Bankruptcy Trustee and Court expect when you file a responsible Chapter 13 Reorganization Case. Students will receive a solid foundation on general Bankruptcy Law and theory by participating in the actual development of sample reorganization plans.
Prerequisite(s):
Top
Bankruptcy Reorganization of Business (2)
506B
Concentration(s):
(Formerly DCL 325)
The course examines the reorganization of business entities pursuant to Chapter 11 of the Bankruptcy Code, with some discussion of external limitation on the formulation and implementation of a reorganization plan.
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.
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
Bill of Rights Seminar (2)
579A
Concentration(s):
(Formerly 394)
This seminar involves an in-depth study of the bill of rights--its origins, its evolution, and its meaning today. Emphasis will be placed both on the bill as a whole and on its individual components. A paper based upon individual research will be required, and students will be required to defend their papers.
Prerequisite(s):
-Constitutional Law I
-Constitutional Law II
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):
(Formerly DCL 587)
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 Income Taxation (2)
572F
Concentration(s):Tax
(Formerly DCL 435)
Federal income taxation of the operation of business enterprises by individuals, corporations and partnerships. The tax consequences of the formation and liquidation 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 will fulfill the prerequisite.
Prerequisite(s):
-Basic Income Taxation A
-Basic Income Taxation B
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
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
Chinese Law (2)
548B
Concentration(s):Int'l & Comparative Law
(Formerly DCL 350) This seminar is a study of the main features of the legal system of the People's Republic of China. Main emphasis will be on the organization and role of the courts, mediation and arbitration, the organization of the legal profession, procedural law, criminal law, family law, property law, contract law, and the law of foreign trade and investment. A paper will be required.
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.
Prerequisite(s):
-Civil Procedure II
-Civil Trial Advocacy I
-Evidence
Top
Client Counseling and Interviewing (2)
591A
Concentration(s):
(Formerly DCL 450)
(Preference given to seniors)
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
Commercial Transactions (3)
501C
Concentration(s):
(Formerly DCL 201)
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 I
-Contracts II
Top
Commercial Transactions Seminar (2)
593B
Concentration(s):
(Formerly DCL 490) This class will analyze commercial financing from the point-of-view of a practitioner. The class will cover the following topics: loan documentation (including drafting of loan documents), ensuring that collateral is secured (Article 9 issues), creditor-debtor relations with emphasis on protecting the client when the debtor is in financial difficulty (including the negotiation and drafting of a workout) and bankruptcy issues.
Prerequisite(s):
-Commercial Transactions
-Secured Transactions
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
Comparative Constitutional Law (3)
551A
Concentration(s):Int'l & Comparative Law
(Formally known as DCL 584)
The purpose of this course is to have an acquaintance of the main
constitutional problems from Canada and Mexico, in comparison with those of
the United States. The approach of the course is probably different from
others having the same title because this one will be addressing the North
American experience. European tradition is also embedded into the Canadian
and Mexican Constitutions
Prerequisite(s):
Top
Comparative Family Law (2)
549A
Concentration(s):
(Formerly DCL 525) This course will discuss the historical and contemporary differences between the common and civil family law systems, using the United States (specifically Michigan) and France as respective primary examples. Topics such as marriage/divorce, adoption, abortion, property division and testate vs. intestate succession will be compared from both a statutory and a practical standpoint. Students will be graded based upon their in-class participation/preparedness (25%) and a paper (75%) (**to be determined).
Prerequisite(s):
Top
Comparative Law (3)
549B
Concentration(s):Int'l & Comparative Law
(Formerly DCL 355) A general survey of legal systems outside the Common Law orbit. Emphasis on Western European and Latin American countries and analysis of historical background, codes and basic legal institutions.
Prerequisite(s):
Top
Comparative Law of Indigenous Peoples (1)
580
Concentration(s):
(Formerly DCL 576) Topics will include indigenous peoples' overarching goals of cultural survival, land and resource rights, and self determination. The focus will be on the laws, issues and policies affecting indigenous peoples in primarily three jurisdictions: the United States, Canada and Mexico.
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)
432
Concentration(s):
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 Seminar (2)
579C
Concentration(s):
(Formerly DCL 393)
(Formerly Known As: Constitutional Theory Seminar)
This course involves an in-depth study of constitutional law, with a focus on how constitutions, through the use of various techniques for the distribution of authority and protection of liberties, seek to justify political legitimacy in various traditions (including utilitarian, Marxist, social contract, anti-Enlightenment, and democratic). A paper based upon individual research will be required, and students will be required to defend their papers.
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
Contract Drafting (3)
594A
Concentration(s):
(Formerly DCL 370)
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 how they can be avoided by proper planning and drafting. The student will be 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 I (3)
103A
Concentration(s):
This class is held the first 7 weeks of the semester. 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
Contracts II (3)
103B
Concentration(s):
This class is held the second 7 weeks of the semester. 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 Counsel Seminar (2)
508A
Concentration(s):
(Formerly DCL 577)
The course will reinforce the understanding of basic concepts of corporate law that were learned in the Business Enterprises course and provide insight into the manner of application of this law at a sophisticated level and integration with other fields of law encountered by in-house counsel on a regular basis. In addition to lectures by the professor and a panel discussion, there will be 12 guest lecturers who are general counsel of companies headquartered in Michigan such as General Motors, Kellogg, Dow Chemical, Meijer, etc. Course content will emphasize legal issues of interest to lawyers practicing law with corporate clients on an in-house basis. Lecture topics may vary from year to year depending both on the particular specialties of the invited lecturers and topical issues currently of interest in the field. Each student will be required to write a paper on an issue related to one of the lecturers’ presentation topics. This paper is to be of a quality equal to that of, and can be used to meet the requirements of, an Upper Level Writing Requirement paper. Guest lecturers will work in a tutorial manner with their students, including having the students meet at their offices to discuss the drafts.
Prerequisite(s):
-Business Enterprises
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: Corporate Governance and Compliance (2)
508F
Concentration(s):
(Formerly DCL 592B)
A survey of issues in corporate governance and compliance in light of the legal risks faced by corporations and corporate directors and officers in the legal environment presented by securities law, antitrust, tort law, environmental law, and other sources of liability. Specific topics include risk management, Section 404 of Sarbanes-Oxley, internal compliance programs, and corporate codes of conduct and codes of behavior.
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
Corporate Law and Policy: International Investment Transactions (2)
508E
Concentration(s):
(Formerly DCL 592B)
The international petroleum industry will be used as a platform from which to present a course of study relating to significant legal and commercial issues associated with international investments, especially those in developing counties. The course will have a strong commercial component and will involve the study of investment decision-making, negotiating with governmental entities and other practical aspects of making and managing foreign investments. Although some of the course material will relate specifically to the oil and gas industry, it will be selected and presented with a view to its broader relevance to international investment.
Prerequisite(s):
Top
Court Annexed Alternative Dispute Resolution (2)
505F
Concentration(s):
(Formerly DCL 596)
This course will be restricted to second and third year law students. In excess of 90% of civil cases filed in the federal courts are resolved prior to trial. Many of these cases are resolved by Court Annexed Alternative Dispute Resoluation (ADR). This topics class will introduce students to ADR methods used by the US District Court for the Western District of Michigan. The Western District of Michigan for years has been on the cutting edge in utilizing Court Annexed ADR. ADR methods used are summary jury trials, arbitration, early neutral evaluation, evaluative panal mediation, voluntary facilitative mediation, and court sponsored settlement conferences. The Western District of Michigan was pilot court for court sponsored arbitration and was in the forefront of courts in utilizing summary jury trials and voluntary facilitative mediation. This experientially focused class will examine the increasing use and the philosophical underpinnings of Court Annexed ADR. Students will be introduced to the various types of Court Annexed ADR, some of which are conducted by judicial officers and some of which are conducted by attorneys. Timing, efficacy, preparation for and cost considerations of the various methods will be compared. Ethical issues unique to Court Annexed ADR in general and those unique to each method will be examined. Students will be given the opportunity to simulate early neutral evaluations, panel evaluations, summary jury trials and voluntary facilitative mediations. Guests with extensive experience in the various ADR methods will participate, giving students historical and theoretical information and observing and providing feedback on student role plays. Student simulations will be heavily emphasized and students will have the opportunity to acquire skills necessary to participate effectively in Court Annexed ADR on behalf of clients.
Prerequisite(s):
-Civil Procedure I
-Civil Procedure II
Top
Courtroom Technology & Evidence Lab (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
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
Cyber Law Network Regulation (2)
533S
Concentration(s):
This course examines legal policy issues arising from the Internet, with an emphasis on three broad areas: (1) impact of the Internet on traditional legal causes of action; (2) government regulation of the Internet; (3) international aspects of the Internet and the interplay among United States and foreign jurisdictions.
Prerequisite(s):
Top
Debtor-Creditor Relations (3)
509
Concentration(s):
(Formerly DCL 475)
This course deals with problems relating to debtor-creditor relations, including remedies available to unsecured creditors, enforcement of judgments, executions, attachments, garnishments, creditor's bills, conveyances in fraud of creditors and state insolvency proceedings. It also covers straight bankruptcy including determination of insolvency, the status of the bankrupt, the bankrupt estate, bankruptcy administration and powers of trustees in proceedings under the Bankruptcy Reform Act of 1978. It is recommended that Mortgages be taken prior to this course.
Prerequisite(s):
-Secured Transactions
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 Discrimination Law (3)
511B
Concentration(s):
(Formerly DCL 330)
This course will track the development of individual employee rights from the contractual notion of employment at will, through the protection of concerted activity under the National Labor Relations Act and the affirmative requirements of the Fair Labor Standards Act. The course will outline an employer's affirmative obligations under both state unemployment and worker's compensation laws and federal standards in OSHA, ERISA, the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA). We will also discuss the framework of a claim for retaliation or disparate treatment under the various protective federal and state legislation, including Title VII of the Civil Rights Act, the ADA and FMLA.
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
Environmental Law Enforcement (2)
566F
Concentration(s):
(Formerly DCL 606)
An in-depth look at governmental
enforcement of environmental statutes. Focusing on the Clean Water
Act and CERCLA, we will use a wide variety of materials to examine
all stages of enforcement, from site identification and information
gathering through negotiation, litigation, settlement, and the
crafting of remedies. While we will touch on practical
considerations in enforcement cases, this is not a skills class;
rather, we will be analyzing some legal issues that commonly arise
while critiquing the current system.
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 Business Law (3)
512A
Concentration(s):Corporate; Int'l Comp Law
(Formerly DCL 512)
This course will address an array of law issues important to normal business transactions in Europe (emphasizing those occurring in countries participating as Member States of the European Union). Emphasis will be placed upon understanding the approach to business law issues usual in civil law system countries, particularly as those approaches may differ from the approach of the legal system in the United States. Students will learn to identify and analyze legal issues arising from the increasing globalization of American business interests. There is a growing need to understand the type of legal issues which may be faced by American businesses directly doing business in Europe; participating in import/export trade; accepting foreign investment in U.S. domestic transactions; and raising capital from international sources.
Issues covered will include: Introduction: historic roots and modern structure of common law and civil law systems as found in Europe; overview of European Union EC Law system; Contract Law: the sources of European contract law and concepts which may differ from the U.S. approach such as contracts and third parties, agency, liability -- contracts v. torts approach; jurisdiction over trans-border contractual disputes (Rome Convention); Power to Regulate Business: forms of doing business; effects on regulation; tax impact; Company Law: formation and corporate personality; corporate governance issues such as the structure of boards, role of directors, protection of shareholder rights; transnational acquisition and merger forms; anti-takeover devices; and at the discretion of the Professor, EITHER: Competition Law: structure and impact of European Union and national regulation of anti-competitive activities; exclusive and selective distribution and franchising arrangements; restrictions and exemptions on distribution and purchasing agreements; effect of regulation on acquisitions OR: Intellectual Property: rights recognized and protected; principle of territoriality and international system for protection; use through assignment, license and exhaustion; European Patent System; European Trademark System.
Prerequisite(s):
-Business Enterprises
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.
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)
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
Hazardous Waste Law (3)
566G
Concentration(s):
(Formerly DCL 561)
This course will examine the statutes, primarily RCRA and CERCLA that regulate the use, disposition and remediation of hazardous wastes.
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
Housing Discrimination Law (2)
459
Concentration(s):
The basic concept of the class will be to introduce the students to the federal and state fair housing statutes and the case law that has developed from these statutes. The class has two goals: 1) to acquaint and educate the students on the law itself and 2) to apply the law to specific situations. The students will be asked to draft the following documents: 1) complaint and answer, 2) interrogatories, 3) request for injunctive relief, and 4) trial brief.
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, and asylum or 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. 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. The course will follow the material in the book "Immigration and Nationality Law", by Richard A. Boswell. The pace will be about one chapter every class. 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 to 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 in the Internet Age (2)
571
Concentration(s):
Prerequisite(s):
Top
Intellectual Property Law (2)
533V
Concentration(s):
(Formerly DCL 321)
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 & Comparative Employment Law (2)
548X
Concentration(s):
This course will explore international employment law including the EU, the ILO & NAAFTA as well as comparing the employment law of the U.S, Canada, Mexico, the UK, France, Germany, China, India and Japan.
Prerequisite(s):
Top
International and Comparative Employment Law (2)
Concentration(s):
This course will begin with a brief overview of the study of international and comparative law. That introduction will be followed with a chapter looking at the International Labor Organization and its approach to creating a uniform
baseline of labor standards for all the nations of the world. From there the course moves to North America and begins with description of some of the most significant features of United States labor and employment law. Comparative materials will then cover the basic employment laws of Canada and Mexico. We will then look at the regional regime established in the NAFTA labor side accords that essentially require each of the three countries to enforce the labor standards that are on the books. Next we will move to Europe where we will start with the labor standards
established by the EU. In contrast to North American, the regional regime of the EU has been in recent times the driving force toward the development of new labor standards. The labor and employment laws of three EU members -- the United Kingdom, Germany and France -- will be developed in order to see the similarities and the differences of approach of these three distinct legal cultures. Following that, we will look at the employment
laws of three important Asian societies -- China, Japan and India. The final chapter will look at extraterritorial application of employment law as well as “soft law” - corporate codes driven by consumer demand - and how
it has been used to improve the labor standards for workers in developing countries who work on consumer goods destined fo the developed world.
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
Top
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 Litigation and Arbitration (2)
548K
Concentration(s):Int'l & Comparative Law
(Formerly DCL 439)
The context of this course is the litigation and arbitration 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; (6) the recognition and enforcement of foreign judgments and U.S. judgments abroad; and (7) international commercial arbitration and the enforcement of foreign arbitral awards. Three-fourths of our class meetings will be devoted to international litigation and one-fourth to international commercial arbitration. Several international conventions will be studied, including the Hague Convention on Service Abroad, the Hague Convention on Taking Evidence Abroad, the Convention on Choice of Court Agreements, and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Prerequisite(s):
-Civil Procedure I
-Civil Procedure II
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 Securities Regulation (2)
512C
Concentration(s):
(Formerly DCL 562)
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
Top
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
International Trade Remedies (3)
512F
Concentration(s):Int'l & Comparative Law
(Formerly DCL 582)
This course is devoted to a close study of the legal rights and remedies of American businesses injured by fairly-traded import competition and by the unfair trade practices of U.S. foreign trading partners. This course also examines U.S. customs law (tariff classification of imported goods, the valuation of goods, rules of origin, and civil fraud actions). The course covers the following five broad topics:
• the international backdrop to U.S. trade law, including the WTO trade regime and the World Customs Organization
• U.S. customs law, including tariff classification, the valuation of goods, rules of origin, and customs fraud
•U.S. trade remedy laws, including the antidumping duty law and injury determinations, subsidies and countervailing duty actions, special dispute settlement proceedings under NAFTA, and Section 201 escape clause relief, including trade adjustment assistance for workers injured by import competition
• the protection and enforcement of intellectual property rights at the border, including Section 337 actions to block imports that infringe U.S. IP rights and the seizure of imported “gray” market goods, counterfeit goods, and pirated goods
• Presidential power to retaliate against unfair foreign trade practices and to remove market access barriers to U.S. exports of goods, services, and capital (Section 301 actions).
Prerequisite(s): None
Prerequisite(s):
Top
Introduction to American Jurisprudence (2)
801
Concentration(s):
Must be in the Masters of Law program. Introduces international LLM students to the US legal system and the US legal education.
Prerequisite(s):
Top
IPT: Intellectual Property Practice and Policy in the Pacific Rim (2)
535B
Concentration(s):Intellectual Property
(Formerly DCL 583)
This seminar covers intellectual property practice and related policies in the diverse and increasingly important trading nations of Asia. Initial and extensive consideration will be given to a country-by-country review of the
types of intellectual property protection available (patents, trademarks, copyrights, and trade secrets), the standards for acquiring such protection, and the mechanical steps needed to obtain the different types of protection.
Particular attention will be given to the newer and more undecided forms of protection including computer-related technologies and biotechnology. The seminar will also explore the problem of Asian counterfeiting and the
responses of intellectual property enforcement. The TRIPS Agreement of the WTO, membership and compliance among the Asian countries will also be
discussed, as will the more recent concern of protecting traditional knowledge. Grading will be based on (1) class participation, (2) a presentation to the class, and (3) a seminar paper on a topic approved by the instructor. No technical degree would be necessary.
Prerequisite(s):
Top
Islamic Law (3)
548S
Concentration(s):
(Formerly DCL 603)
Islamic law is a religious legal system of divine origin that according to Islamic beliefs influences a number of features of the law including its development, rules of interpretation and the rule of law in Islamic society. This course will introduce students to various aspects of Islamic law including: a brief introduction to the history of the Islamic legal system; an outline the origins of Islamic law; and fundamental concepts of the law. Topics include: substantive areas of Islamic law such as human rights, international law, criminal law and contract law. At the end of the course students have a greater understanding of Islamic law enabling them to appreciate the differences between various legal systems as well as to apply this knowledge in the practice of matters relating to Islamic law.
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
Top
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
Top
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
Top
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):
-King Scholars Program
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
Top
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 Program
-Perspectives on Law for King Scholars
Top
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
Labor Law Seminar (2)
552
Concentration(s):
(Formerly DCl 499)
This seminar will focus on current issues in Labor Law, collective bargaining, and labor-management relations. Potential subjects might include: National Labor Relations Board remedies; strikes and boycotts; globalization and the National Labor Relations Act; new arenas for organizing; the breadth of the duty to bargain; the role of arbitration in resolving statutory disputes; labor relations issues in professional sports; and like subjects. A paper will be required, and enrollment will be limited.
Prerequisite(s):
Top
Land Use Planning (2)
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 (2)
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 Medicine (2)
558D
Concentration(s):
(Formerly DCL 419)
This course, taught by faculty of the College of Law and the MSU
College of Human Medicine, examines the structure and operation of a
fictional medical practice, from foundation to retirement of the
principal. Topics covered include business structures, physician
compensation, medical economics, hospital/physician relationships,
licensing, professional liability, autonomy and professional
prerogatives in physician/patient relationships and managed care
contracting. A significant goal of the course is to acquaint students
with physicians not only as owners of businesses in need of legal
services, but also as fellow professionals. Thus, the common themes of professionalism in legal and medical services will reappear throughout the course. The course is open to MSU-DCL students and to students of the MSU medical schools. A paper is required.
Prerequisite(s):
Top
Law and Religion (2)
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
Top
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 of Financial Institution (2)
517B
Concentration(s):
(Formerly DCL 523)
This course is designed to acquaint the law student with the American banking system, including regulation of traditional banking activity, bank holding companies, regulation of non-traditional banking activity,