Capital Punishment (3)
A focus on federal constitutional law, primarily the 8th Amendment and its regulation of capital punishment. The federal constitutional law largely regulates state criminal law. Using the 8th Amendment and state criminal laws, the course will consider how death eligibility is defined and administered. It will explore the limits imposed by the Constitution and by various state and federal statutes. The course also will consider larger questions including, Why have the death penalty? Is the system working? Is it necessary? Is it fair? What changes should be made? As part of this inquiry we will consider the role of race in capital punishment, the impact of wrongful convictions, and recent moves to abolish or limit capital punishment in several jurisdictions. The course also examines the law of federal habeas corpus in the context of the death penalty. This section engages in a close reading of a complicated set of statutes, as well as the Supreme Court decisions construing those statutes.
Capstone Intellectual Property and Communications Law Seminar (1)
This course uses presentations by leading scholars of their works-in-progress in the area of IP and communications law. Students will be responsible for reading the papers, writing a critique, preparing questions and participating in the seminar.. This course is highly recommended for all students who wish to write a ULWR or law review note in intellectual property, information, or communications law in a subsequent semester.
Chance at Childhood Clinic (4)
The Clinic provides a setting for law and social work students to gain experience in child advocacy. The Clinic provides a forum for advocating for children, both in individual cases and through seeking to affect public policy and practice within the state of Michigan. Student teams will serve in a variety of roles to effectively advocate for children.
Prerequisite(s): Research, Writing and Analysis,or Research, Writing and Analysis: Intellectual Property Perspective,or Research, Writing and Analysis: Criminal Law Perspective,or Research, Writing and Analysis: Social Justice Perspective and Advocacy
Child Advocacy (2)
(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.
Civil Litigation Practice and Procedure for Foreign Lawyers (3)
This course explains the litigation process in the United States. It is designed to equip foreign-educated lawyers with the skills needed to manage lawsuits involving companies located abroad or subsidiary companies in the United States. The explanation includes (1) the jurisdiction of Unites States courts over lawsuits by or against these companies, (2) the procedures for filing or accepting a Complaint under the Hague Convention for the Service of Process Abroad and the Federal Rules of Civil Procedure; (3) discovery under the Federal Rules, especially emerging requirements for electronic data, and the Hague Convention on the Taking of Evidence Abroad; (4) Rule 30(b)(6) requirements for testimony by corporate witnesses; (5) discovery sanctions; (6) trial procedures, particularly the use of company documents, witness testimony, and government investigations and recall orders as evidence; and, finally, appeal procedures.
The fundamental practice skills involve selection of counsel; preparation of case budgets and management of legal fees; early evaluation of cases to decide if they should be tried or settled, and determining settlement values; negotiating settlements; mediating cases; collecting and producing documents and e-data; obtaining confidentiality agreements for proprietary information; preparing witnesses for deposition and trial, as well as at Congressional hearings (especially foreign company witnesses); and preparing for media requests, particularly during trial. These procedures and practice skills will come alive through the use of real-world examples. Students enrolled in this course are not eligible to enroll in International civil Litigation (548K) Open only to students enrolled in the LL.M. for Foreign-Educated Lawyers Program.
Civil Procedure (4)
(Formerly Civil Procedure I) A survey of civil procedure, primarily addressing jurisdiction, venue, the Erie doctrine, pleadings, simple joinder, discovery, sanctions, summary judgment, judgment as a matter of law, and former adjudication (claim preclusion and issue preclusion). Primary emphasis is placed on the Federal Rules of Civil Procedure with some potential discussion of state deviations from the federal model.
Civil Rights Clinic I (4)
Students will receive a versatile and well-rounded education in the intricacies of civil rights law and hone client management, case management, negotiation, and trial skills. Students will use their knowledge and skills to litigate civil rights cases in federal District Court (WD, MI) for their clients, prisoners who are incarcerated in Michigan and have asserted claims about the conditions of their confinement. Under the supervision of clinic faculty, students will represent their clients at all stages of these cases, including case development and strategy, discovery, motion practice, and trial. In addition to class times, students enrolled in this clinical program must work a minimum of 14 hours at the clinic each week NOTE: (1) Enrollment is by application only (please see student announcements for the application deadline). Preference will be given to students who commit to participate in the clinic for two semesters. (2) Enrolled students may be required to attend a mandatory two-day clinic "boot camp" that takes place on the Saturday and Sunday immediately before the first day of class. Please see the clinics' website for additional information. Prerequisite(s): All student clinicians enrolled in Civil Rights Clinic I must have successfully completed RWA and Advocacy. In addition, they must have successfully completed the first year (six credits) of the Law Colleges TPI program or must have successfully completed at least six credits in Evidence, Civil Trial Advocacy I, Civil Rights Seminar, Complex Civil Litigation, or Constitutional Law II.
Civil Rights Clinic II (4)
This is a continuing opportunity to students who have successfully completed coursework in Civil Rights Clinic I to enable them to further refine their skills in counseling clients, managing a caseload, and litigating civil rights cases on their clients’ behalf in federal District Court. Typically, students who are enrolled in Civil Rights Clinic II assume a more in-depth role in their clients’ litigation. As in Civil Rights Clinic I, students further their experience under the supervision of clinic faculty and enhance their knowledge of civil rights law and trial practice. In addition to class times, students enrolled in clinical programs must work a minimum of 14 hours at the clinic each week (in general, each student puts in an additional 12 to15 hours weekly). NOTE: (1) Enrollment in Civil Rights Clinic II is by invitation only. (2) Enrolled students may be required to attend a mandatory two-day clinic "boot camp" that takes place on the Saturday and Sunday immediately before the first day of class. Please see the clinics' website for additional information.
Prerequisite(s): Civil Rights Clinic I
Civil Trial Advocacy I (2)
(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 depositions, 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.
Client Counseling and Interviewing (2)
(Formerly DCL 450)
This course adopts a client-centered approach in looking at legal problems and examines how to make clients partners in problem solving. Attention is paid to the economic, social and psychological aspects of clients' legal problems. The course starts with an examination of fundamental counseling skills, followed by an analysis of the information gathering process and ultimate decision making.
Because this course duplicates the content of courses in the Geoffrey Fieger Trial Practice Institute program, students in the FTPI may not receive academic credit for this course.
Prerequisite(s): Civil Procedure I, Evidence
Codex Alimentarius (3)
This course is to familiarize students with the history, development and workings of the Codex Alimentarius Commission in formulating and harmonizing food standards and ensuring their global implementation.
Prerequisite(s): This course is restricted to students in the Global Food Law Program.
Commercial Arbitration (3)
(Formerly Arbitration) A course dealing with all aspects of arbitrating disputes under collective bargaining agreements, including judicial review of arbitration procedures and analyses 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.
Communication Skills for Foreign Educated Lawyers (3)
(Formally titled Advocacy for Foreign Educated Lawyers) This course is designed to provide an opportunity for lawyers who obtained their law degrees in countries other than the United States to practice their public speaking skills in an American law school environment. Course components include the study and practice of the elements of oral advocacy, including critical analysis and the development of effective public speaking techniques. This is primarily an experiential learning course with a focus on the delivery and critique of short oral exercises. The course structure follows possible pre-trial developments in a fictional legal case; students will be asked to step into the roles of parties and participants and advocate their positions through presentations, negotiations and oral argument. Students must complete two practice arguments which may fall outside of normal class hours, and must attend and observe at least one hour of argument in a local courtroom. While some written work will be assigned, the focus of this course is on the oral elements of advocacy. The credits earned in this course cannot be used toward the minimum credits needed to satisfy graduation requirements.
Comparative Free Expression (2)
This course may be taught in either a lecture or seminar format. When taught as a lecture course it is case based. A number of topics in free expression are examined to see how they are differently treated in various democratic states. When taught as a seminar, there will be readings that will be discussed as a class in the first half of the course. Students will also research a topic involving free expression and its treatment in selected countries. In the second half of the course, papers the students develop will be presented to the class.
Prerequisite(s): Advocacy, Constitutional Law I, Research, Writing and Advocacy I, Research, Writing and Advocacy II, Research, Writing & Analysis
Constitutional Law and the Regulatory State (4)
This course examines the constitutional, statutory, and administrative foundations of American government. The course has two separate, but interrelated goals: First, to introduce students to the structure of and principles behind the American constitutional order. Topics covered under this heading include the sources of federal regulatory authority, separation of powers, federalism, judicial review and theories of constitutional interpretation. Second, the course offers a basic understanding of the workings of the legislative and regulatory process, with special emphasis on the role of agencies, the policy tools at their disposal, and the scope of legislative and judicial oversight of administrative action. In this fashion this course seeks to highlight the intersection between constitutional and administrative law principles across American history and within contemporary debates.
Constitutional Law II (4)
(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.
Constitutional Law of the European Union (Study Abroad) (1)
This course is dedicated to the main problems of the structure and law of the European Union. Students will be introduced to the evolution of the European Communities and European Union and the present comparison to the federal structure of the United States. The course will also explain the specificity of the supranational character of the EU law, including the sources of law, the principles governing the legal order and the implementation of the EU law in the member states. In addition, the judicial institutions will be presented, with special emphasis on the Court of Justice of the European Union and its role in the interpretation of the EU law.
Constitutional Law Seminar (2)
This seminar on constitutional theory goes beyond the doctrinal analysis of the topics covered in introductory constitutional law courses to ask deeper normative questions about the United States constitutional system.
Constitutional Litigation (3)
This course provides a rigorous examination of the intricacies initiated by individuals seeking to vindicate federal constitutional rights. Primary emphasis will be placed on suits under 42 U.S.C Â§1983 against state and local governmental entities and their officials. Through a careful study of the many doctrines that the U.S. Supreme Court has pronounced and developed in connection with litigation under 42 U.S.C. Â§ 1983 and Bivens, students will gain a significant understanding of and appreciation for the challenges that confront a constitutional claimant both in establishing liability and in obtaining a remedy. In particular, the course will focus on the essential elements of a Â§ 1983 action, such as the requirement that the defendant have acted â€œunder color ofâ€ state or local law, as well as the need to demonstrate that the constitutional violation at issue flowed from an official policy or custom in cases where the defendant is a municipality. There will also be substantial treatment of the various defenses that officials sued in their individual capacity may assert, including absolute immunity (available to those who perform legislative, judicial, and prosecutorial functions), qualified immunity, and res judicata. In addition, the availability of remedies such as damages, injunctive relief, and attorney fees will be explored.
Construction Law (2)
(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. Suretyship and mechanic's lien laws are an integral part of the course.
Consumer Law (2)
This course examines special requirements for consumer transactions. It includes deception in the marketplace, including many disclosure requirements; credit (discrimination, accuracy, and other limitations),; debt collection practices; and consumer remedies. Both federal and state laws will be covered. One focus will be how these requirements supersede normal contract, tort, and property laws. Civil, administrative, and criminal actions will be addressed.
Prerequisite(s): Contracts, Contracts I, Contracts II, Property, Torts I
Contract Drafting (3)
The specific purpose of this class is to use contract principles that the student has learned in the first year as a vehicle to develop the student's abilities as a planner and counselor. It will involve the study of some of the common pitfalls encountered in contract drafting and called upon to perform specific exercises in which the student will use her/his basic knowledge of contracts to draft various documents. In the course of the drafting, the student will be required to predict what may happen, provide for that contingency and attempt to protect the client.
Contract Negotiation (1)
This course introduces first-year students to principles of negotiation. Students will be required to engage in mock negotiation exercises.
(Formerly LAW500D and LAW500E)
A study of the basic law relating to the formation of a contract. Additional topics include: the Statute of Frauds; the avoidability of contracts; performance obligations; contract breach and remedies for breach. Article 2 of the Uniform Commercial Code covering sales of goods will be introduced; however, the primary focus of the course is on the common law.
Contracts: Advanced Topics and Skills (2)
Contracts: Advanced Topics and Skills will provide additional doctrinal depth to the content learned during the one-semester Contracts course. Students’ subject matter mastery will be built in part through significant interactive exercises, such as contract negotiation and contract drafting.
Copyright Law (3)
(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.
Corporate Finance (3)
(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
Corporate Governance and Compliance (2)
(Formerly Corporate Law and Policy: Corporate Governance and Compliance) 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.
Corporate Income Taxation (3)
(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. If the system will not let you register with either of these prerequisites, please contact the Registrar's Office.
Prerequisite(s): Basic Income Taxation A, Basic Income Taxation B
Corporate Law & Finance Seminar (3)
This advanced course in corporate law and corporate finance explores complex issues in contemporary law, with a focus on issues likely to arise in a sophisticated real-world corporate or transactional practice. Students will also receive instruction on and significant practice with writing skills, especially those necessary for success in a business law practice. Course work will include memo-writing and a final paper, with extensive and highly detailed comments from the professor. Course reading materials emphasize very recent cases, so as to focus learning on the law as it exists today.
Prerequisite(s): Business Enterprises
Corporate Law Colloquium (2)
This Colloquium is for students who have an interest in a specific corporate law topic, triggered by their participation in Business Enterprises, Mergers & Acquisitions, Corporate Finance or another course and who wish to delve deeply into their topic. Students will independently research their approved topic and educate Colloquium members through formal presentations. Each participant will also present a discussion draft and final paper on their topic. ULWR credit is available.
Prerequisite(s): Business Enterprises
Criminal Law (3)
(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.
Criminal Procedure: Adjudication (3)
Concentration(s): Criminal Law
(Formerly Criminal Procedure II) This course examines various issues associated with criminal adjudications with a focus on federal constitutional rights. The course covers issues such as the exercise of prosecutorial discretion, bail and pretrial detention, discovery, the plea bargaining process, speedy trial rights, federal sentencing guidelines, and post-conviction review. Students can take Criminal Procedure: Adjudication and Criminal Procedure: Investigation in any order or at the same time. Students who have taken Criminal Procedure II are ineligible to enroll in this course.
Criminal Procedure: Investigation (3)
(Formerly Criminal Procedure I)This course provides students with an introduction to federal constitutional limits on police investigation under the Fourth, Fifth, and Sixth Amendments. This includes the governance of search and interrogation, and the right to counsel. Students can take Criminal Procedure: Investigation and Criminal Procedure: Adjudication in any order or at the same time. Students who have taken Criminal Procedure I are ineligible to enroll in this course.
Criminal Procedure: Investigation (LL.M.) (3)
(Formerly DCL 303) This course is for LL.M students only. 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.
Criminal Trial Advocacy - PreTrial (2)
(Formerly Criminal Trial I: Pre-Trial)
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. The Criminal Trial Advocacy classes are not sequential and may be taken in any order.
Prerequisite(s): Criminal Law
Criminal Trial Advocacy Post-Conviction Remedies (2)
(Formerly Criminal Trial Advocacy III Post-Conviction Remedies) 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. Criminal Trial Advocacy classes are not sequential and may be taken in any order.
Delivering Legal Services: New Legal Landscape (2)
This course is an introduction to modern legal services delivery. It exposes students to legal data collection and metrics, legal operations, and legal project leadership. We continue with legal supply chain management, pricing legal services, and legal services technologies. Throughout the semester we cover two key areas. We (1) discuss current and emerging legal services ideas (such as how to charge less but earn higher profits from your services), and (2) work on developing legal services skills. This course uses the lean thinking philosophy, the fastest growing method of legal services management. However, no prior experience in lean is required; you will learn what you need in class. Lean thinking includes process mapping and process improvement. We also complete exercises in agile project management and design thinking. Students pursuing traditional legal careers in legal aid, not-for-profit, corporate, government, criminal prosecution or defense, or law firms, will find this course very useful. Students interested in nontraditional legal services careers, such as legal consulting, legal marketing, legal technology, and legal operations, will find it essential. The ideas and skills covered in this course give students an advantage in marketing themselves and in their future careers. This course is a foundation for other courses in the LegalRnD Program, but is not a prerequisite.
Digital Humanities (2)
This class is designed for two cohorts of students (JD students and MSU graduate/undergraduate Honors students) to explore the legal and ethical issues implicated by the digital humanities research and resource-creation, including copyright, contract/licensing, privacy, and other issues. Students will gain hands-on experience analyzing real-world issues raised by digital humanities techniques such as data mining, algorithmic analysis, and digital curation through collaborative interdisciplinary projects.
Directed Study (0)
(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.
Directed Study - Summer Academy in Global Food Law & Policy (3)
The Summer Academy in Global Food Law & Policy is an established one-week summer program that brings together practitioners, policymakers, industry representatives and leading academics working in the field of food law and policy. It offers intensive training on the most innovative developments in global food regulation and provides a unique opportunity for professional development and networking in an informal and inter-disciplinary setting. By talking, studying and interacting with food experts from all over the world, participants are able to gain new perspectives into both their own sectors and international regulatory issues. This is achieved by combining traditional classroom instruction with experiential learning opportunities offered by dedicated and distinguished international experts. Directed study credit will be awarded to students enrolled in this course.
Prerequisite(s): Intended for students in the Global Food Law program only
Dispute Resolution and Technology (2)
(Formerly known as Online Dispute Resolution)This course introduces students to the evolving field of online dispute resolution (ODR). Students will examine how technology can facilitate dispute resolution. Specific topics will include:-The history and evolution of ODR -The nature of online practices, interactions, and disputes -Implications for dispute resolution across cultural and political boundaries -ODR systems and applications -The future of information technology in conflict avoidance and conflict management in online contexts. -Analysis of online communications as compared to communications that are F2F (face to face) -Throughout the course students will consider ethical and other professional and practical implications of ODR for parties, counsel, neutrals, and other participants. There are no particular prerequisites for this course, and no prior knowledge or experience in technology or alternative dispute resolution (ADR) is assumed. Note that the course is not intended to serve as a substitute for a foundational ADR course. This is a hands-on, experiential, skills building course. Students will analyze various online dispute resolution platforms and resolve simulated disputes using such technologies. Online content will be in the form of readings, audio lectures, powerpoints, threaded discussions, and participation in simulations or other ODR exercises.
Dispute Resolution in the Workplace (3)
(Formerly ADR in the Workplace)
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 workplace. 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.
Domestic Violence (2)
(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.