Course Descriptions
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Managed Care Seminar (2)
558E
Concentration(s):
(Formerly DCL 519)
Managed Care Law focuses on the legal aspects of health care delivery, particularly as they relate to the financing of health care. The course introduces the complexities of contemporary health care delivery finance (e.g., managed care, health maintenance organizations, and capitation) before considering issues of liability and the regulation of managed care. The course concludes by considering several topical issues including the impact of ERISA, contracting in a managed care environment, and the growing emphasis on compliance (e.g., the False Claims Act and Physicians at Teaching Hospitals regulations).
Prerequisite(s):
Top
Matrimonial Practice (3)
541M
Concentration(s):
(Formerly DCL 532)
This course provides the practical knowledge and skills necessary to develop expertise in handling matrimonial matters from initial client contact through each step of the proceedings, including Motion Practice and Temporary Orders, Discovery, Custody, Equitable Distribution, Support, Negotiations/Settlement, Mediation, and Settlement Drafting.
Prerequisite(s):
Top
Media Law (2)
533G
Concentration(s):
(Formerly DCL 301)
This class will focus on free press/free speech issues and the mass media. Subjects will include the 1st Amendment rights of reporters in print, broadcast and online journalism, as well as news gatherers’ privilege, obscenity issues, and freedom of information and open meetings laws. Students will examine defamation claims involving media defendants, copyright issues facing journalists, as well privacy torts such as false light and appropriation claims. The class will also study the ethical and professional considerations of journalists.
Prerequisite(s):
Top
Mediation Advocacy (2)
587D
Concentration(s):
(Formerly DCL 555)
This interactive course will cover: types of mediation (domestic relations, commercial, employment, labor, construction), deciding whether to mediate, mediation agreements, confidentiality (rules of evidence, privilege, immunity, statutory and court rule protection), enforcement of mediation agreements, role of attorney in mediation, selecting a mediator, duties of a mediator, timing of the mediation, and ethical issues in mediation (self-determination, impartiality, conflicts of interest, competence, confidentiality, quality of process, advertising and solicitation, fees, and obligations to the mediation process). Also covered will be Michigan Court Rule 2.411 Mediation, which went into effect August 2000.
Teaching modalities will include lecture, simulations, video and exercises.
Prerequisite(s):
Top
Mediation Advocacy and Civil Facilitative Mediator Training (3)
587E
Concentration(s):
The Mediation Advocacy course meets the civil facilitative mediator training requirements as described by the Michigan State Court Administrative Office (SCAO). With this training, and the completion of the completion of additional requirements, students will be able to apply for inclusion on court mediation rosters. The course includes a variety of graded assignments, including drafting an Agreement to Mediate (with adequate confidentiality provisions), a post-mediation agreement (with mediation clause), and a Mediation Representation Memorandum. Other assignments include an oral history, a conflict theory paper, and a take-home final exam. By balancing theory with practice and paying particular attention to mediation ethics, students completing this course will be very well prepared to both mediate civil cases and effectively advocate for clients in mediation. Students who have taken Mediation Advocacy may not take this course.
Prerequisite(s):
Top
Medical-Legal Problems (2)
558F
Concentration(s):
(Formerly DCL 306)
A study of the relationship between law and medicine including medical-legal problems that arise from staff privileges of physicians, rules governing Medicare, HEW regulations and joint problems arising out of the medical management of patients.
Prerequisite(s):
Top
Mergers & Acquisitions (3)
516
Concentration(s):
(Formerly DCL 505)
Overview of issues relating to business combinations. The course includes a transactional perspective on mergers and acquisitions, with some consideration of the social and economic significance of business combinations. Attention to statutes governing the alternative forms of acquisition, negotiation, acquisition documents, valuation methodologies, and characteristic problems in negotiated acquisitions, with examination of takeover defenses and Delaware case law on the duty of boards of directors in managing the sale of a company. Business Enterprises is a prerequisite.
Prerequisite(s):
-Business Enterprises
Top
Mexican Legal Institutions (1)
633A
Concentration(s):
(Formerly DCL 538)
Topics will include the meaning of civil law, judicial review in Mexican courts, international and domestic law in Mexico, states' rights, and the hierarchy of laws in Mexico.
Prerequisite(s):
Top
Michigan Civil Procedure (2)
593A
Concentration(s):
(Formerly DCL 438)
This course is a survey of Michigan civil procedure at the trial and appellate levels. The purpose of the course is to acquaint students who intend to practice in Michigan with the nuances of state procedural law. Focus will be placed on the differences between the Michigan court rules and the federal rules of civil procedure. Also, the subject matter jurisdiction of the various courts within the state system, as well as Michigan's long-arm statute, will be examined.
Prerequisite(s):
-Civil Procedure I
-Civil Procedure II
Top
Michigan Legal Analysis and Writing (1)
600A
Concentration(s):
The course format focuses on teaching analysis and writing skills for answering the Michigan Bar Examination essay questions. Students will be exposed to the skills necessary to organize and present answers to maximize points awarded by the examiners. Students will do simulation questions with answers graded by former Michigan bar exam graders. Additionally, random student answers will be critiqued with the entire class to identify strengths and weaknesses. Attendance and participation in all sessions is required to obtain credit for the course. Only graduating third year students are eligible to enroll in this course.
Prerequisite(s):
Top
Michigan Statutory Personal Injury Practice (1)
600C
Concentration(s):
The course will examine the key statutory provisions necessary to analyze Michigan personal injury cases including: no-fault, automobile negligence, owner’s liability, dram shop, wrongful death, governmental immunity, and workers’ compensation, and the major cases interpreting the statutory provisions. Only graduating third year students are eligible to enroll in this course. The course is not available to students who have previously taken Torts II.
Prerequisite(s):
Top
Moot Court Board (0)
627C
Concentration(s):
(Formerly DCL 702)
Prerequisites: RWA I and II, see scholarship policy
Board members and candidates participate in and supervise intramural and inter-school competitions. Board membership is by invitation and carries one credit hour per semester. Students who have completed 29 credit hours are eligible to become candidates for the board. Candidates receive one semester hour of credit for participation in Moot Court Competition. Two semesters of credit as a candidate must be completed to qualify for invitation to the board.
Prerequisite(s):
Top
Moot Court Competition (0)
627B
Concentration(s):
(Formerly DCL 701)
This is an instrumental Moot Court Competition open to all students after their first year. Students must elect this option during their third semester.
Prerequisite(s):
-Research, Writing and Advocacy I
-Research, Writing and Advocacy II
Top
Moot Court Competition (Class) (2)
627A
Concentration(s):
(Formerly DCL 700)
An intramural Moot Court Competition open to all students after their first year. Students who wish to continue in the Moot Court Program must elect Moot Court Competition (Class) during their third semester. The class is a prerequisite for inter-school competition and staff positions.
Prerequisite(s):
-Research, Writing and Advocacy I
-Research, Writing and Advocacy II
Top
Moot Court Inter-School Competition (0)
627B
Concentration(s):
(Formerly DCL 701)
Prerequisites: RWA I and II
MSU College of Law sponsors teams for inter-law school competition during the fall and spring semesters. Competitions include the National Moot Court Competition, the Wagner Labor Law Competition, the Administrative Law Competition, the A.B.A. National Moot Court Competition, the Cardozo Moot Court Competition and the J. Braxton Craven, Jr., Memorial Moot Court Competition. Team membership is by invitation of the board. Participants receive two graded credit hours.
Prerequisite(s):
Top
Mortgage Banking Law (2)
517A
Concentration(s):
This course will explore in depth the various legal issues in the mortgage banking industry, a trillion dollar industry at the heart of the U.S. economy. The focus will be primarily on the residential mortgage segment, as that is the larger and more familiar part of the industry. (Formerly DCL 466)
The course will examine the "life" of a residential mortgage loan, including its origination between a consumer and a mortgage lender, on the one hand, and its metamorphosis into part of the international capital market, on the other. More particularly, the course will involve analysis of the uniform note and mortgage; examination of non-conventional types of residential finance; survey of applicable federal laws and regulations (including Truth-in-Lending, Real Estate Settlement Procedures Act, Equal Credit Opportunity Act, etc.); review of agreements used in the origination and sale of residential mortgage loans; and consideration of the mechanics of securitization of mortgage loans. This will be an interdisciplinary course where students will be able to use concepts of real estate law, consumer law, commercial transactions and securities law.
Prerequisite(s):
Top
Mortgages (2)
593C
Concentration(s):
(Formerly DCL 406)
This course considers various aspects of the law of suretyship and real property security, including land mortgages, land contracts, right to rents and profits before and after foreclosure sale, redemption, subordination agreements, circuity problems under contradictory systems of priorities pursuant to state and federal law, and security interests in fixtures under Article 9 of the Uniform Commercial Code and the land law. This course may be offered for 2 or 3 credits.
Prerequisite(s):
-Property
Top
National Security Law (3)
545A
Concentration(s):
This course offers a broad overview of national security law. The first few weeks focus on the constitutional framework, especially the separation of national security powers. A brief discussion on the use of force follows, including issues of authorization and preemption. The remainder of the course will focus on terrorism. Several sessions will examine the statutory and constitutional basis for detecting and preventing terrorism at home, and the challenges that have followed. The class will then consider the detention, interrogation, and trying of terrorist suspects. And the semester concludes with attention to legal issues that arise in planning for and responding to a terrorist attack.
Prerequisite(s):
Top
Natural Resources Law (2)
566C
Concentration(s):Env. & Nat. Resource Law
(Formerly DCL 463)
This course will explore the legal regimes under which public natural resources are allocated and managed. In addition, this course will consider the laws governing federal public lands, which constitute one-third of the nation. Special attention will be given to the costs and benefits of resources development and conservation, and to the philosophical, historical and constitutional underpinnings of natural resources law and policy. Resources studied will include forests, minerals, oil and gas, rangeland, recreation, water, wilderness and wildlife.
Prerequisite(s):
Top
Negotiation (2)
591C
Concentration(s):
(Formerly DCL 520)
This course introduces principles of negotiation. Students will be required to engage in multiple mock negotiations, with frequent feedback from the instructor.
Prerequisite(s):
Top
Negotiation and Drafting for the Close Corporation (3)
518
Concentration(s):
(Formerly DCL 560)
Students will engage in a semester-long simulation in which they represent a fictional set of clients attempting to create a new business. Students will negotiate all of the basic business and legal elements of the proposed entity, and will draft the major documents required to establish the entity, including: Articles of Incorporation; By-Laws; Organizational Minutes of Directors’ and Shareholders’ Meetings; Vote Pooling Agreement; and Buy-Sell Agreement. During the course students will also review major concepts in corporate law affecting their negotiations and drafting through student-led presentations.
Class Size Limit: to permit effective negotiation, the class shall be limited to 20 students.
Competencies Developed: Knowledge based competencies: The course will reinforce the understanding of basic concepts of corporate law that were learned in the Business Enterprises course. Skill-based competencies: Students will learn to draft transactional documents, and to negotiate business and legal issues over an extended period of time.
Grading: Grades for the course will be based primarily on the documents drafted, with credit also given for individual student presentations on various aspects of relevant law, and their general class participation.
Rationale: Most of the Business Enterprises course is spent discussing case law and statutes concerning various forms of business enterprises, with the primary focus on corporations. However, the students have very little opportunity within the course to learn how to apply some of the concepts that they have studied. This seminar is intended to give students training and an approximation of real-world experience in acting as young lawyers in a developing business transaction. Although business law is one of the most popular areas of student interest, there are very few courses that teach the students the transactional-based competencies necessary to be an effective corporate lawyer. The transactional drafting and negotiation skills developed in the course also will be valuable to students in other transactional lawyering contexts.
Tentative Syllabus and Assignments:
SCHEDULE OF CLASSES AND ASSIGNMENTS
Class 1: Introduction
Assignment: Prepare agenda for initial meeting on Class 3; prepare Certificate of Incorporation for Class 4.
Class 2: Submit: Agenda for meeting
Presentations: 1.) Partnership v. Corporation v. S Corporation v. LLC form of organization; 2.) Certificate of Incorporation Class: Negotiation
Assignment: Draft Certificate of Incorporation for Class 3.
Class 3: Submit: Certificate of Incorporation Presentations: 3. By-laws
Class: Negotiation Assignment: Draft By-laws for Class 5.
Class 4: Presentation: 4.) Par Value of Shares and Dividend Declaration; 5.) Special Features of Close Corporation
Class: Discuss Certificate of Incorporation; Negotiate Certificate of Incorporation Assignment: Draft By-laws for Class 6.
Class 5: Submit: By-Laws
Presentations: 6.) Minutes of Organizational Meetings; 7.) Role and Duties of Officers and Directors.
Class: Negotiation Assignment: Draft Minutes for Class 8.
Class 6: Presentation: 8.) Protection of Minority Shareholders and Supermajority Provisions
Class: Discuss By-Laws; Negotiation
Assignment: Draft Minutes for Class 8.
Class 7: Submit: MinutesPresentation: 9.) Shareholder Agreements Class: Negotiation
Assignment: Draft Shareholder Agreement part 1 for Class 9.
Class 8: Class: Discuss Minutes; Negotiation Assignment: Draft Shareholder Agreement part 1 for Class 9.
Class 9: Submit: Shareholder Agreement Part 1Class: Negotiation
Assignment: Draft Shareholder Agreement part 2 for Class 11.
Class 10: Presentation: 10.) Restrictions on Transferability of Shares
Class: Discuss Shareholder Agreement Part 1; Negotiation Assignment: Draft Shareholder Agreement part 2 for Class 11.
Class 11: Submit: Shareholder Agreement part 2 Class: Negotiation
Assignment: Revise Shareholder Agreement part 1 for Class 12.
Class 12: Submit: Revised Shareholder Agreement Part 1
Class: Discuss Shareholder Agreement Part 2; Negotiate Shareholder Agreement Parts 1 and 2.
Class 13: Class: Discuss Revised Shareholder Agreement Part 1; Negotiation; General discussion.
Class 14: Class: Special negotiation on Bank Problem.
PLEASE NOTE THAT UNLESS SPECIFIC PERMISSION TO THE CONTRARY IS GIVEN, ALL DRAFTING ASSIGNMENTS MUST BE PREPARED INDEPENDENTLY; CO-COUNSEL AND OTHERS SHOULD NOT DRAFT DOCUMENTS AS A TEAM.
Grading for the Course:
Certificate of Incorporation: 10%
By-Laws: 10%
Minutes: 10%
Shareholder Agreement Part 1: 20%
Shareholder Agreement Part 2: 20%
Revised Shareholder Agreement Part 1: 15%
Class Participation (Presentation and Negotiation): 15%
Prerequisite(s):
-Business Enterprises
Top
Niagara International Law Competition (2)
627F
Concentration(s):Int'l & Comparative Law
Prerequisites: RWA I and II, by invitation
An international Moot Court competition based upon a Canadian-U.S. legal conflict. The competition is held annually in the spring semester. Participation is by invitation only on the basis of performance in the Transnational Legal Research course.
Prerequisite(s):
-Research, Writing and Advocacy I
-Research, Writing and Advocacy II
Top
No-Fault Insurance Law (2)
595
Concentration(s):
(Formerly DCL 319)
This course will provide an in-depth look at Michigan's version of the no-fault concept. Statutory and case precedent dealing with such issues as coverage, first-party benefits and limits on recovery will be explored. Also, the policy behind and practical application of the no-fault "threshold" will be studied.
Prerequisite(s):
Top
North American Free Trade Agreement (NAFTA) (1)
633C
Concentration(s):
(Formerly DCL 539)
Topics will include the negotiating history of the North American Free Trade Agreement, free trade in goods, trade in services, foreign investment, and dispute settlement.
Prerequisite(s):
Top
[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]
[View All]