Historical Course List

Historical Course List

The table below lists courses offered for the current school year and the previous two years.

Number Title Semester Description
7030 - 1Criminal Procedure2018 SummerIntroduction to constitutional criminal procedure. This course surveys the basic limitations on the detection and investigation of crimes, with special emphasis on the constitutional rights of criminal defendants. Topics to be covered include the incorporation doctrine, the right to counsel, search and seizure law, police interrogation and confessions, and the use of illegally obtained evidence.
7040 - 1Evidence2018 SummerRules of evidence, expert testimony; role of court and juror; direct and cross examination; competency and privileges of witnesses; admission and exclusion of evidence; credibility of evidence; relevancy and circumstantial evidence; hearsay rule; real proof and writings; and constitutional problems of evidence law.
7057 - 1Deals2018 SummerThis course focuses on the common economic problems that drive deal structuring and deal contracting. Although deals vary in their details, they share common economic problems, such as issues of rent-seeking, moral hazard, and information asymmetry. This course introduces students to the economic tools necessary to evaluate alternative contractual regimes, including transaction costs, information economics, risk sharing and incentives, property rights, and finance. Then, it applies that knowledge to the evaluation of different real world deals, with the particular deals selected to give students a range of subject matters in order to highlight a common set of problems and solutions that arises in multiple settings. In the past, Deals courses have included the study of mergers and acquisitions, securities offerings, venture financing, movie financing, spin-offs, and securitizations, among others.
7410 - 1Constitutional Law II2018 SummerIndividual rights in constitutional law. Topics include equal protection and freedom of expression and religion. This course is required for graduation and must be taken in the second year.
7841 - 1Prep & Exam Witnesses2018 SummerOpening statements and closing arguments are seen as the trial lawyer's stock in trade, but trials are won and lost on the witness stand. This course will focus on the preparation, handling and presentation of the witness at trial. The class will emphasize the importance of pre-trial preparation before both direct and cross-examination, and the execution of those skills. We will also deal with witnesses who need specific preparation, handling, and presentation, such as experts, child victims of violent or sex-related crimes, witnesses who are mentally or emotionally disabled, and witnesses who must testify through the use of an interpreter. The format of the class will be a lecture on the use and presentation of a particular classification of witness, a demonstration of a direct and/or cross-examination of that class of witness, and hands-on participation in the examinations of the witness by students. This 2-credit course is graded.
7842 - 1Take/Defend Depositions2018 SummerWith only a small percentage of cases actually going to trial, the real battleground for most litigation is the deposition. Depositions can make or break a client?s case and knowing how to effectively take and defend depositions is key to a successful litigation strategy. Deposition testimony often plays a pivotal role in determining motions for summary judgment and in settlement. This is a practical skills course and students will learn the basics of taking and defending the depositions of lay witnesses, Rule 30(b)(6) corporate representatives and expert witnesses. Through lecture, classroom demonstrations and mock deposition exercises, students will learn the procedural rules governing depositions, various examination techniques, how to handle documents, how to assert and respond to objections, how to prepare a deponent and the ethical issues surrounding depositions. The mock deposition exercise will be conducted by experienced lawyers.
7920 - 1Lawyering Skills Survey2018 SummerThe basic lawyering skills of interviewing, counseling, negotiating and problem-solving will be taught using videotaped demonstrations, role-playing exercises, students videotaped performances, discussions and reflective writing. During the academic year students should arrange to observe/engage in these lawyering skills in actual practice in order to reflect upon them. Such opportunities can be obtained through paid clerkships, the Pro Bono Initiative or appropriate Clinics (Civil, Criminal, Mediation). See Clinical Program Brochure for further information on live experiences and on clinic options.
7940 - 1Judicial Process2018 SummerProvides an opportunity for students to place their judicial clinic experiences in a broader context, and to explore their insights about courts in greater depth. The class looks at how judges make decisions by considering legal philosophy, brought to bear upon statutory, common law and constitutional interpretation. The course focuses on how judges are selected and how process affects decision-making. The course also considers how courts operate and current issues about the adversary process. PRE- OR CO- REQUISITE: Law 7950 Judicial Clinic Placement
7800 - 2The Opioid Crisis2018 SummerAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
6040 - 1Civil Procedure2018 FallTopics covered include jurisdiction (territorial, subject matter, and venue); forum non conveniens and transfer; state law in federal courts (Erie); pleading and motions; discovery and pretrial; summary judgment; and introduction to remedies.
6080 - 1Contracts2018 FallLegal principles governing the formation, interpretation, performance, enforcement, and discharge of contracts.
6140 - 1Torts2018 FallStudy of the law that governs the recovery of money damages or other civil relief (as distinguished from criminal prosecutions) for harm caused by another person's conduct. Primarily devoted to examination of the legal protection for each individual's interests in his or her person, relationships, and property.
6180 - 1Legal Methods2018 FallThe legal methods course will teach students how to engage in sophisticated forms of legal analysis. Students will also learn how to communicate their legal analysis in an effective and efficient manner through objective office memoranda and persuasive legal documents. In addition, students will be introduced to the United States legal system and the basics of legal practice. Finally, students will learn how to locate primary and secondary legal source material and how to devise effective legal research strategies.
7040 - 1Evidence2018 FallRules of evidence, expert testimony; role of court and juror; direct and cross examination; competency and privileges of witnesses; admission and exclusion of evidence; credibility of evidence; relevancy and circumstantial evidence; hearsay rule; real proof and writings; and constitutional problems of evidence law.
7050 - 1Bus Organizations2018 FallThis course covers the law of agency, as well as the law governing different types of business entities, with a focus on partnerships, limited liability companies, and corporations.
7070 - 1Federal Income Tax2018 FallThe course deals with federal income tax policies and principles. No previous background in tax, accounting or business is required. We will develop new skills in analyzing and interpreting statutes and regulations to combine with your existing ability to understand case law. Statutes cannot be understood or applied as mere strings of words; policy, politics and history must be considered. This course is not about how to complete returns, but how to pierce the prose to determine who gets what, and why. RECOMMENDED: Business Organizations.
7990 - 1Criminal Process2018 FallThis year-long course includes lecture, discussion and problems to prepare students who are enrolled in the Criminal Clinic to handle criminal cases. It also explores the criminal justice system from various social science perspectives and the role of attorneys in that system. This course is open only to 3Ls who are concurrently enrolled in the year-long Criminal Clinic. See Clinical Program Brochure for more information on the Criminal Clinic. PREREQUISITES: Evidence, Trial Advocacy. RECOMMENDED: Criminal Procedure
7940 - 1Judicial Process2018 FallProvides an opportunity for students to place their judicial clinic experiences in a broader context, and to explore their insights about courts in greater depth. The class looks at how judges make decisions by considering legal philosophy, brought to bear upon statutory, common law and constitutional interpretation. The course focuses on how judges are selected and how process affects decision-making. The course also considers how courts operate and current issues about the adversary process. PRE- OR CO- REQUISITE: Law 7950 Judicial Clinic Placement
7410 - 1Constitutional Law II2018 FallIndividual rights in constitutional law. Topics include equal protection and freedom of expression and religion. This course is required for graduation and must be taken in the second year.
7900 - 1Legal Profession2018 FallThe nature of the legal profession, with particular emphasis on the roles of lawyers and the ways in which those roles create legal, political, moral and personal conflicts. The Model Rules of Professional Conduct are studied. This course is required for graduation and may be taken in either the second or third year.
7960 - 1T.A. Legal Writing2018 FallSelection required. One year commitment. (graded -- 2 Fall; 2 Spring)
7981 - 1Utah Law Review2018 Fall
6190 - 1Legal Research2018 FallTaught in conjunction with Legal Methods, Legal Research teaches students how to locate primary and secondary legal sources material and how to devise effective legal research strategies.
7097 - 1Appellate Practice2018 FallAn examination of the practical and procedural components of appellate litigation. Students will receive instruction regarding the legal principles and skills involved in appellate practice and, based on a real trial transcript, apply these lessons by researching potential issues, writing an appellate brief and presenting a mock oral argument. The course will meet twice a week: an all-class lecture on a weekday followed by a smaller evening section on a weeknight. This course is recommended, although not required, for students wishing to participate in the Traynor Moot Court Competition. This course satisfies the skills requirement.
7300 - 1Administrative Law2018 FallFederal and state administrative agencies not only adjudicate thousands more cases than all of the courts, they also legislate, making the bulk of rules that govern those cases. As the instrument of government charged with implementing government decisions, they also "execute the laws" as part of the executive branch. This course introduces the statutory policymaking roles of administrative agencies; the limits on their authority; the procedural requirements that structure agency decision-making; and the role of judicial review. The focus is on federal administrative agencies, though some aspects of state law are also discussed.
7030 - 1Criminal Procedure2018 FallIntroduction to constitutional criminal procedure. This course surveys the basic limitations on the detection and investigation of crimes, with special emphasis on the constitutional rights of criminal defendants. Topics to be covered include the incorporation doctrine, the right to counsel, search and seizure law, police interrogation and confessions, and the use of illegally obtained evidence.
7788 - 1New Ventures2018 FallThe class will present an overview of the legal process of and issues involved in the commercializing technologies and launching new ventures. Students will also share their intern experiences in order to maximize their learning from their work. Grades will be based on students' work product and/or recommendation of attorney-supervisor, class participation, and presentations at the end of each semester. The clinic will also provide opportunities to interface with inventors, corporate representatives, as well as outside patent and corporate counsel. Year-long enrollment required; FOUR credits total. RECOMMENDED: Lawyering Skills or Lawyering Skills/Legal Profession. See Clinical Brochure for further information on the New Ventures Clinic.
7200 - 1Natural Resources2018 FallProvides the basic introduction and overview of management of public lands and natural resources. The course begins with the history of the public lands, including allocation of authority within the federal government and between federal and state governments. After an introduction to the National Environmental Policy Act and the Administrative Procedure Act, the course then looks at each of the six major resource areas: minerals, timber, range, wildlife, water, recreation, and preservation. Throughout the course, the environmental, economic, and social dimensions of natural resource policy and conflicts will be examined.
7570 - 1Drafting: Contracts2018 FallThis course will provide students with an introduction to the basics of drafting contracts, including multiple drafting exercises.
7920 - 1Lawyering Skills Survey2018 FallThe basic lawyering skills of interviewing, counseling, negotiating and problem-solving will be taught using videotaped demonstrations, role-playing exercises, students videotaped performances, discussions and reflective writing. During the academic year students should arrange to observe/engage in these lawyering skills in actual practice in order to reflect upon them. Such opportunities can be obtained through paid clerkships, the Pro Bono Initiative or appropriate Clinics (Civil, Criminal, Mediation). See Clinical Program Brochure for further information on live experiences and on clinic options.
7829 - 1Innocence Law2018 FallThis course will cover post-conviction remedies, state and federal, including post-conviction motions and habeas corpus as well as judicial proceedings to prove actual innocence. Students will learn how to investigate cases of actual innocence using both forensic scientific evidence and other compelling evidence of innocence. The course will also provide students with a review of the criminal justice system from the innocence prospective.
7020 - 1Legislative Process2018 FallThis course involves the study of legislative process at the state and federal level with an emphasis on Utah state legislative process and issues. The course is divided into two components. First is the study of the current legal issues surrounding the legislative process, including: the initiative and referendum process, the single subject rule, redistricting, and theories of statutory interpretation. This part of the course will focus on current and recent events, e.g., the voucher controversy and the omnibus education bill, from the Utah legislature. This part of the class will be conducted through traditional lectures and will conclude with a mid-term exam at the end of the segment. The second component involves the formulation, drafting and enactment of legislation. The study of this second component will be done through role play where each student will draft legislation, present oral testimony in front of a legislative committee, and sponsor amendments to other students bills.
7800 - 2Corp Citizenship & Human Rgts2018 FallAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7800 - 3Global Justice2018 FallAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7600 - 1Trusts & Estates2018 FallThis course explores the legal problems related to inter vivos and testamentary gratuitous transfers of wealth, including: intestate succession; wills and the construction of wills; will substitutes, including trusts, contracts, multiple party bank accounts, and gifts; restrictions on transfers of wealth aimed at protecting the family; class gifts; and probate and trust administration. Close attention will be paid to the Uniform Probate Code, and the policies they reflect.
7360 - 1Health Law2018 FallHealth Law provides an introduction to the broad array of legal principles involved in the delivery of health care today. Legal issues related to health policy, health care administration, and biomedical ethics will be included. Topics to be addressed include the physician-patient relationship; confidentiality; informed consent; medical error and apology; medical malpractice and tort reform; end of life issues such as withholding and withdrawing care; Good Samaritan laws; reproductive health issues, including contraception, abortion, and stem cell research; human subjects research; organ transplantation; and regulation of pharmaceuticals. Students have the opportunity to (but are not required to) also participate in the Health Law Clinic. See Clinical Program Descriptions for more information regarding Health Law Clinic.
7460 - 1Gambling & Gaming Law2018 FallCovers the breadth of an explosive and controversial industry intensively regulated at federal and state levels. Many doctrinal lines are crossed including admininstrative law, commerical law, criminal law, tribal sovereignty, tax, social regulation etc.
7625 - 1Middle Eastern Law2018 FallThe course will offer an overview of Islamic and Middle Eastern law, and will provide an occasion for students to participate in the elaboration of a Casebook in the field. It will cover the major legal subjects in the discipline with a focus on the modern period. In addition to a historical survey of sources and periods of ME law, topics include judicial review, constitutional law, obligations, commercial law, family law, human rights and criminal law.
7851 - 1Real Estate Trans/Finan2018 FallStandard residential and commercial real estate transactions, including consideration of brokerage arrangements, contracts of sale, methods of financing, methods of title protection and assurance, mortgage markets, construction loans, permanent financing, and mortgages and other devices for creating and enforcing security interests with respect to land.
7260 - 1Environmental Practice2018 FallThis course will evaluate in detail the practical, procedural and strategic aspects of the practice of environmental and natural resources law using readings and simulated exercises. The course will cover practice elements under the Clean air Act, the Clean Water Act, the Community Right-to-Know Act and CERCLA. Exercises will include client counseling, witness interviewing, drafting administrative and citizen suit complaints, summary judgment motions, settlement negotiations and rulemaking practice. PREREQUISITES: Either Environmental Law OR Natural Resources
7861 - 1White Collar Crime2018 FallThis course explores the law of economic and political crimes associated with the rubric " white collar crime. " Topics typically covered include: bribery, mail fraud, wire fraud, tax fraud, extortion, securities fraud, racketeering, and money laundering, along with quasi-criminal laws such as forfeiture of assets.
7061 - 1Bankruptcy2018 FallThis introductory course studies the U.S. Bankruptcy Code, including the law of preferences, fraudulent transfers, executory contracts, and the bankruptcy relief available under Chapters 7, 11, and 13 of the Code. Basic consumer and business bankruptcies are explained, and current issues in bankruptcy law are addressed.
7800 - 1Victim's Rights2018 FallAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7903 - 1Tax Practice I2018 FallStudents learn the anatomy of a tax controversy of an individual with the IRS, including the typical controversies that may arise, how they may be resolved through negotiation and offers in compromise, and how these disputes may be litigated before the U.S. Tax Court. Class involves lecture, practical exercises, and opportunities to reflect upon clinic experiences.
7080 - 6Arbitration2018 FallRestatement of the Law of Charitable Gifts: Advanced Research and Drafting. This course will provide students with an intensive skill-building experience. Students will conduct legal research and produce written analyses of the case and statutory law in the United States as it relates to various aspects of charitable gifts and charitable giving. The "client" for the class will be the American Law Institute, an organization that describes itself as "the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law." Judges, practitioners, scholars, and others rely on ALI publications, and students are exposed to the work of ALI, primarily in the form of Restatements of the Law, in the many of the cases they read in the first year. Course meetings in the early part of the semester will be dedicated to learning the basic laws governing charities and charitable gifts as well as research methods in this context. Later meetings will consist of the students presenting their research and analysis of specific topics, as well as review and critique of proposed drafts of black letter, legal commentary, and supporting notes for the ALI's Restatement of the Law of Charitable Nonprofit Organizations. Students will work in close collaboration with the instructors and other students and will have several opportunities to present their work to the group. Students will be graded based on their written work and participation in class (both presentation of their work and offering feedback to others).
7080 - 7Employment Law2018 FallRestatement of the Law of Charitable Gifts: Advanced Research and Drafting. This course will provide students with an intensive skill-building experience. Students will conduct legal research and produce written analyses of the case and statutory law in the United States as it relates to various aspects of charitable gifts and charitable giving. The "client" for the class will be the American Law Institute, an organization that describes itself as "the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law." Judges, practitioners, scholars, and others rely on ALI publications, and students are exposed to the work of ALI, primarily in the form of Restatements of the Law, in the many of the cases they read in the first year. Course meetings in the early part of the semester will be dedicated to learning the basic laws governing charities and charitable gifts as well as research methods in this context. Later meetings will consist of the students presenting their research and analysis of specific topics, as well as review and critique of proposed drafts of black letter, legal commentary, and supporting notes for the ALI's Restatement of the Law of Charitable Nonprofit Organizations. Students will work in close collaboration with the instructors and other students and will have several opportunities to present their work to the group. Students will be graded based on their written work and participation in class (both presentation of their work and offering feedback to others).
7844 - 1Public Policy Practicum2018 FallThe classroom component of the practicum will focus on the application of theory to practice. Students will engage with the substantive law of the rights violations being investigated, discuss the strategies available to advocates seeking change, confront legal and ethical issues as they arise in their work, receive training on practical legal skills as needed, and reflect upon their experiences. Students will be graded on a combination of participation and the completion of assignments for the clinical component. There will be no final exam. Note: This course may be repeated for credit.
7230 - 1Water Law2018 FallOverview of the water allocation doctrines of riparian rights and prior appropriation; the origins of federal power over water resource allocation and controversies between the states and the federal government and between states over shared water resources; and practical aspects of water law and practice in the appropriation doctrine states.
7760 - 1Patent Law2018 FallThis course will provide students with an opportunity to study the substantive patent law issues which constitute conditions for patentability. Specifically, this course will explore the case law which has evolved in connection with the interpretation of several key statutory sections of Title 35 (the 1952 Patent Act), including section 101 (eligible subject matter and utility), section 102 (prior art, novelty, and loss of right), and section 103 (non-obviousness).
7350 - 1Immigration Law2018 FallThrough the study of statutory and case law as well as historical and contemporary theories and debates about immigration, this course provides a review of immigration and asylum law and policy. The course explores issues such as the meaning of membership in the "national community" and obligations of members to those deemed outsiders. We will analyze these issues through the examination of asylum law, types of entries by foreigners, deportation, exclusion, immigrant and non-immigrant status, employment law, and citizenship.
7910 - 2International Law2018 FallThis course is about how law has interacted with the development of America. What events, values, and movements shaped the American legal order? The greatest emphasis will be upon the nineteenth century. The materials will be secondary sources with some use of primary materials.
7906 - 1Genomic Medicine ELSI2018 FallGenomic Medicine Research: Ethical, Legal and Social Issues: Genomic Medicine Research: Ethical, Legal and Social Issues is designed to immerse students in the emerging ethical, legal, and social issues facing the field of genomic medicine. This is a semester-long, weekly course that meets for 13, two hour sessions. The course offers a mix of didactic content, case studies, and small group activities. This course is intended for students with graduate standing and is targeted toward students who have at least some background in human genetics and research methods. This course is mandatory for trainees in the Genomic Medicine T32 training program; students in other graduate degree programs are welcome to participate.
7800 - 4Air, Energy Reg & Climate Chng2018 FallAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7897 - 1Intellectual Prop Trans2018 FallThis course will explore substantive law and legal practice concerning a range of commercial and business transactions involving intellectual property. Topics that may be covered include employer-employee rights in IP; university technology transfer; literary, music, television, film and multimedia licensing; domestic and international product distribution, marketing and franchising; patent pools and technical standards; software development and licensing; IP due diligence in business transactions; bankruptcy treatment of intellectual property; securitization and collateralization of IP; and competition and antitrust issues arising from intellectual property exploitation. It is recommended that all students have a basic understanding of the basic doctrines of IP law, either through an IP survey course or one or more of either Patent Law, Copyright or Trademark.
7003 - 1Conflict of Laws2018 FallJurisdiction, judgments, and choice of law are the subjects of the course. Through Socratic dialogue classes provide exercise in the application of theory to facts, and in the careful analysis of cases.
7060 - 1Commercial Law2018 FallThe fundamentals of the law governing commercial transactions. Because much of this law is codified in the Uniform Commercial Code, emphasis will be placed on the techniques for using the Code. A substantial portion of the course will be devoted to Article 9 of the Code dealing with secured transactions, including the interplay between Article 9 and Bankruptcy Code. Parts of Article 2 (sales), Article 2A (leases), Article 3 (negotiable instruments) and Article 4 (bank collections will also be covered).
7052 - 1Int'l Business Transact2018 FallThis course endeavors to provide students with a broad understanding of the fundamental legal problems arising from transnational business activities. It examines the role of national and international law in the constitution of the legal framework within which such activities take place. Specific topics covered include: the role and responsibilities of attorneys engaged in international practice; the international trading of goods; financing the sale of goods; export controls; joint ventures and foreign investment; dispute resolution.
7887 - 1Environmental Crimes2018 FallThe Environmental Crimes course will discuss investigations of alleged criminal violations of federal pollution and wildlife laws, charging decisions, proving the case, sentencing, and restitution issues, and how counsel can advise their clients to avoid these issues. This class will cover criminal provisions of the Clean Water Act, Clean Air Act, RCRA, the Lacey Act, and the Migratory Bird Treaty Act, just to name a few.
7002 - 1Federal Courts2018 FallSurvey of Federal Courts: Who can bring an action or file an appeal in federal court? Who can sue a government official and for what kind of relief? What is sovereign immunity? Abstention? A successive habeas petition? We will tackle all of these issues and others that commonly arise in federal court. These include the creation and role of Article III courts; federal jurisdiction; abstention; the contours of suits against governments and their officials; the relationship between state and federal law (including the law of preemption); and procedures for filing federal habeas petitions. This course should be of interest to students who are interested in litigating (particularly in federal court), practicing criminal law, or clerking for a judge.
7843 - 1Conservation Easements2018 FallConservation Easements: Theory & Practice - This course will cover important issues associated with the widespread use of the perpetual conservation easement as a land protection tool. All aspects of the law will be covered, including state real property law, state and federal laws governing the operations of charities (land trusts), state laws governing the administration of assets held for the benefit of the public, and the federal tax incentives provided to landowners who donate conservation easements as charitable gifts. Students will engage in legal and interdisciplinary research on specific assigned topics relating to conservation easements and draft detailed memorandum analyzing and summarizing the results of this research. This class is not a seminar. Please contact instructor for details on this course.
6000 - 5Intro to Law2018 Fall
7076 - 1Pre-Trial Practice2018 Fall
6120 - 1Property2018 SpringCommon law possessory and future interests, estates in land, landlord-tenant relationships, concurrent tenancies, adverse possession, private and governmental restrictions on the use of land, easements and covenants, and some elementary principles of personal property law.
6180 - 1Legal Methods2018 SpringThe legal methods course will teach students how to engage in sophisticated forms of legal analysis. Students will also learn how to communicate their legal analysis in an effective and efficient manner through objective office memoranda and persuasive legal documents. In addition, students will be introduced to the United States legal system and the basics of legal practice. Finally, students will learn how to locate primary and secondary legal source material and how to devise effective legal research strategies.
7040 - 1Evidence2018 SpringRules of evidence, expert testimony; role of court and juror; direct and cross examination; competency and privileges of witnesses; admission and exclusion of evidence; credibility of evidence; relevancy and circumstantial evidence; hearsay rule; real proof and writings; and constitutional problems of evidence law.
7072 - 1Trial Advocacy2018 SpringA skills training course which uses text materials, problems, simulated courtroom settings, student performance, and faculty critique to teach basic trial advocacy skills. This course is comprised of two sessions per week: 1) an all-class lecture on a weekday; and 2) a smaller evening section on an assigned weeknight. The course concludes with a mock trial at the state courthouse. PRE- OR CO- REQUISITE: Evidence. Note: Second year students intending to enroll in the Criminal Clinic during their third year should enroll in Evidence and Trial Advocacy during their second year. This course satisfies the skills requirement.
7990 - 1Criminal Process2018 SpringThis year-long course includes lecture, discussion and problems to prepare students who are enrolled in the Criminal Clinic to handle criminal cases. It also explores the criminal justice system from various social science perspectives and the role of attorneys in that system. This course is open only to 3Ls who are concurrently enrolled in the year-long Criminal Clinic. See Clinical Program Brochure for more information on the Criminal Clinic. PREREQUISITES: Evidence, Trial Advocacy. RECOMMENDED: Criminal Procedure
7940 - 1Judicial Process2018 SpringProvides an opportunity for students to place their judicial clinic experiences in a broader context, and to explore their insights about courts in greater depth. The class looks at how judges make decisions by considering legal philosophy, brought to bear upon statutory, common law and constitutional interpretation. The course focuses on how judges are selected and how process affects decision-making. The course also considers how courts operate and current issues about the adversary process. PRE- OR CO- REQUISITE: Law 7950 Judicial Clinic Placement
7098 - 1Traynor Moot Court2018 SpringSecond or third year. Students will brief and argue an appellate legal issue and participate in the intra-mural moot court competition.
7410 - 1Constitutional Law II2018 SpringIndividual rights in constitutional law. Topics include equal protection and freedom of expression and religion. This course is required for graduation and must be taken in the second year.
7560 - 1Adv Legal Resrch2018 SpringThis class builds on the basics introduced in the first year Legal Methods/ Legal Research course. Students will have a variety of research experiences and will be given the opportunity to develop practical legal research skills in researching print and electronic legal and non-legal materials. Written research projects will be required throughout the course.
7900 - 1Legal Profession2018 SpringThe nature of the legal profession, with particular emphasis on the roles of lawyers and the ways in which those roles create legal, political, moral and personal conflicts. The Model Rules of Professional Conduct are studied. This course is required for graduation and may be taken in either the second or third year.
7981 - 1Utah Law Review2018 Spring
7602 - 1Estate Planning2018 SpringThis course will explore the tax and non-tax issues involved in planning estates for individuals of different financial and personal circumstances. Students will receive a thorough grounding in the tax concepts that pertain to the transfer of wealth both during life and at death. Students also will have the opportunity to conduct a client interview and complete planning/drafting projects during the semester. Limited Enrollment. PRE OR CO-REQUISITE: Trusts & Estates Recommended: Federal Income Tax.
6100 - 1Criminal Law2018 SpringThe substantive law of crimes, including general principles and the elements of specific offenses and defenses.
7920 - 1Lawyering Skills Survey2018 SpringThe basic lawyering skills of interviewing, counseling, negotiating and problem-solving will be taught using videotaped demonstrations, role-playing exercises, students videotaped performances, discussions and reflective writing. During the academic year students should arrange to observe/engage in these lawyering skills in actual practice in order to reflect upon them. Such opportunities can be obtained through paid clerkships, the Pro Bono Initiative or appropriate Clinics (Civil, Criminal, Mediation). See Clinical Program Brochure for further information on live experiences and on clinic options.
7030 - 1Criminal Procedure2018 SpringIntroduction to constitutional criminal procedure. This course surveys the basic limitations on the detection and investigation of crimes, with special emphasis on the constitutional rights of criminal defendants. Topics to be covered include the incorporation doctrine, the right to counsel, search and seizure law, police interrogation and confessions, and the use of illegally obtained evidence.
7570 - 1Drafting: Contracts2018 SpringThis course will provide students with an introduction to the basics of drafting contracts, including multiple drafting exercises.
7800 - 1Corp Citizenship & Human Rgts2018 SpringAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7800 - 2Victim's Rights2018 SpringAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7800 - 4Current Issues Securities Law2018 SpringAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7800 - 5Media Law2018 SpringAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
6060 - 1Constitutional Law I2018 SpringThe federal system and the allocation of power between the federal and state governments; allocation of power among branches of the federal government; nature and scope of judicial review, procedural due process, and individual privacy protections against government interference.
7788 - 1New Ventures2018 SpringThe class will present an overview of the legal process of and issues involved in the commercializing technologies and launching new ventures. Students will also share their intern experiences in order to maximize their learning from their work. Grades will be based on students' work product and/or recommendation of attorney-supervisor, class participation, and presentations at the end of each semester. The clinic will also provide opportunities to interface with inventors, corporate representatives, as well as outside patent and corporate counsel. Year-long enrollment required; FOUR credits total. RECOMMENDED: Lawyering Skills or Lawyering Skills/Legal Profession. See Clinical Brochure for further information on the New Ventures Clinic.
7797 - 1Internationl Bankruptcy2018 SpringInternational business requires cross-border cooperation in order to rescue, or liquidate, troubled enterprises. This course examines international issues, such as jurisdiction and court-to-court cooperation, in the context of American, European and Asian bankruptcy laws and practices.
7789 - 1Prsptvs Counter-Terror2018 SpringThis course will take an in-depth look at counterterrorism in China, Columbia, India, Israel, Russia, Spain and the United States. The course will examine the competing conceptions and definitions of terrorism at the national and international level and the institutions and processes designed to execute the "Global War on Terrorism." This course will include the study of the balance between national security interests and civil liberties found in the following topical areas: relevant Supreme Court decisions in the surveyed nations, legislative provisions in response to acts of terrorism, operational counter-terrorism considerations (including targeted killing), intelligence gathering (including interrogations), policy recommendations, the use of military tribunals or civil courts in trying suspected terrorists, the emerging law regarding enemy combatants and their detention, and the arguable need for new self-defense doctrines at the global level. In addition to the regularly scheduled class time, the class includes a full day scenario based counterterrorism simulation exercise in which students role play decision makers (US and international) addressing legal, policy, intelligence (gathering and analysis) and operational counterterrorism dilemmas using multiple media resources. NOTE: Participation in the all-day simulation exercise is mandatory for all students enrolled.
7960 - 2T.A. Legal Writing2018 SpringSelection required. One year commitment. (graded -- 2 Fall; 2 Spring)
7793 - 1Juvenile Court Law2018 SpringThis course will examine the treatment of juvenile offenders in the legal system, with emphasis on the constitutional parameters of preventing, adjudicating, and sanctioning criminal behavior by minors. Topics include the justification for distinguishing juvenile and adult offenders, age-based status offenses, the constitutional rights of juvenile delinquents, and the legal mechanisms for transferring minors to adult criminal courts. The course will address child welfare issues regarding the adjudication and disposition of abuse, neglect and dependency cases.
7844 - 1Public Policy Practicum2018 SpringThe classroom component of the practicum will focus on the application of theory to practice. Students will engage with the substantive law of the rights violations being investigated, discuss the strategies available to advocates seeking change, confront legal and ethical issues as they arise in their work, receive training on practical legal skills as needed, and reflect upon their experiences. Students will be graded on a combination of participation and the completion of assignments for the clinical component. There will be no final exam. Note: This course may be repeated for credit.
7010 - 1Med/Adv Negotiation2018 SpringThe theories and practices of advanced negotiation and mediation will be taught in a variety of settings. There will be a substantial focus on developing these ADR skills through role-play exercises and reflection. Grades are based upon video taped performances, analytical writing, and reflective writing. Opportunities to observe live mediation will be made available. Students are also encouraged to enroll in the Mediation Clinic. See Clinical Program Brochure for further information on the Mediation Clinic.
7050 - 1Bus Organizations2018 SpringThis course covers the law of agency, as well as the law governing different types of business entities, with a focus on partnerships, limited liability companies, and corporations.
7074 - 1Family Law2018 SpringThis is an introductory course in family law. Topics include the law of marriage, divorce, and child custody, and the legal recognition of nontraditional family relationships. Possible other topics include family violence, balancing family and work responsibilities, and new reproductive technologies. Along with mastery of basic family law principles, this course will emphasize critique of existing family law doctrine and policy, and evaluation of recent reform proposals by family law judges, scholars, and practitioners.
7570 - 2Patent Document Draftng2018 SpringThis course will provide students with an introduction to the basics of drafting contracts, including multiple drafting exercises.
7829 - 1Innocence Law2018 SpringThis course will cover post-conviction remedies, state and federal, including post-conviction motions and habeas corpus as well as judicial proceedings to prove actual innocence. Students will learn how to investigate cases of actual innocence using both forensic scientific evidence and other compelling evidence of innocence. The course will also provide students with a review of the criminal justice system from the innocence prospective.
7870 - 1Law Practice Management2018 SpringThis course focuses on the management of solo or small-firm legal practices. Topics typically covered include law firm business structure, office systems, marketing, staffing, liability insurance, time management, technology, billing and collections. This 2-credit course is graded.
7889 - 1Law and Biomedicine2018 SpringThis colloquium will involve presentations by outstanding scholars and practitioners in areas of law related to contemporary issues in law and the biosciences. These will be drawn from both the local area and nationally. Topics may include health care reform, law and mental health, food and drug law, genetics and law, and intellectual property. This 1-credit course is graded, and will meet only during the first 8 weeks of the semester.
7002 - 1Federal Courts2018 SpringSurvey of Federal Courts: Who can bring an action or file an appeal in federal court? Who can sue a government official and for what kind of relief? What is sovereign immunity? Abstention? A successive habeas petition? We will tackle all of these issues and others that commonly arise in federal court. These include the creation and role of Article III courts; federal jurisdiction; abstention; the contours of suits against governments and their officials; the relationship between state and federal law (including the law of preemption); and procedures for filing federal habeas petitions. This course should be of interest to students who are interested in litigating (particularly in federal court), practicing criminal law, or clerking for a judge.
7060 - 1Commercial Law2018 SpringThe fundamentals of the law governing commercial transactions. Because much of this law is codified in the Uniform Commercial Code, emphasis will be placed on the techniques for using the Code. A substantial portion of the course will be devoted to Article 9 of the Code dealing with secured transactions, including the interplay between Article 9 and Bankruptcy Code. Parts of Article 2 (sales), Article 2A (leases), Article 3 (negotiable instruments) and Article 4 (bank collections will also be covered).
7015 - 1Real Estate Development2018 SpringThis course is designed to teach real estate development through practical experience. The course explores the risks inherent in real estate development and the concrete steps required to take a real estate project from the conceptual stage to completion. The course will focus on the various risks and hurdles to successfully putting a real estate development together. Students will take a single site (of their own or one offered by the instructor) and produce several small reports that require research and analysis on: (1) market conditions for the proposed use and site; (2) planning/zoning issues and resolutions; (3) financing, including both equity and debt; and (4) site-related legal issues (such as title and environmental problems). In addition to book and internet research, students will be required to discuss their projects with planning officials in the relevant jurisdiction(s) and to speak with financing sources. At the end of the course, these combined reports should allow the student to determine whether a given project is feasible and help with a decision to move forward. This course is entirely project-based and will not have an exam. Students should expect to attend field trips to current projects.
7016 - 1Family Law Practice Lab2018 SpringThis practice- and skills-focused course is a complement to the three-credit Family Law course. This lab is problem-based and teaches students the basic "how to's" for handling family law cases. Skills addressed will include attorney-client interactions, representation at mediation and in litigation, and document drafting for divorce or custody cases. The course will include simulation exercises and participation by family law practitioners. Pre- or co-requisite: Family Law.
7570 - 3Real Estate Drafting2018 SpringThis course will provide students with an introduction to the basics of drafting contracts, including multiple drafting exercises.
7800 - 3Current Issues in IP Law2018 SpringAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7600 - 1Trusts & Estates2018 SpringThis course explores the legal problems related to inter vivos and testamentary gratuitous transfers of wealth, including: intestate succession; wills and the construction of wills; will substitutes, including trusts, contracts, multiple party bank accounts, and gifts; restrictions on transfers of wealth aimed at protecting the family; class gifts; and probate and trust administration. Close attention will be paid to the Uniform Probate Code, and the policies they reflect.
7071 - 1Tax Business Entities2018 SpringThe federal income taxation of publicly-held corporations is compared to that of closely-held limited liability companies with respect to capital contributions, annual income or loss, periodic distributions, acquisitive reorganizations and complete liquidations. PREREQUISITES: Business Organizations, Federal Income Tax.
7886 - 1Statutory Interpret2018 SpringThis course is designed to provide students with the skills to successfully interpret state and federal statutes. The course is organized around the doctrines and principles that courts rely on when interpreting statutes, and incorporates exercises and an exam that focuses on developing the tools to argue and resolve difficult statutory interpretation questions.
7290 - 1Disability Law2018 SpringIntroduction to the rights of individuals with disabilities, with an emphasis on issues of nondiscrimination. The course will focus primarily on the Americans with Disabilities Act, but we will also address topics arising under other disability rights statutes, such as the Individuals with Disabilities Education Act and the Fair Housing Amendments Act. We will consider application of these statutes to a wide range of public and private settings, including public accommodations, education, institutionalization, and transportation. Throughout, attention will be paid to the history of discrimination against U.S. citizens with disabilities.
7898 - 1Mergers & Acquisitions2018 SpringThis course introduces students to the fundamentals and critical topics in the law of mergers and acquisitions and the financial and transactional issues that they present. The principal focus of the course will be on the corporate law aspects of these transactions, the business incentives of the parties to the transactions, and the documentation and negotiation of the deals. Ancillary legal areas, such as tax, securities, and antitrust, will also be touched upon. The course will also study acquisition agreements, and the important contractual issues therein. Students will explore mergers and acquisitions transactions as attempts by the transaction parties to attain business goals and will learn how legal rules and documentation constrain and create opportunity for the parties' ability to achieve their objectives. The real-world problems faced by parties involved in these transactions, as well as those of judges who must adjudicate these deals, are considered. Prerequisite: Business Organizations
7775 - 1Bus Bankruptcy: Reorgs2018 SpringClass discussions and practical exercises in Chapter 11 business reorganizations: From filing of the bankruptcy petition to the confirmation of the plan of reorganization. The Bankruptcy Survey and Secured Transactions courses are related and helpful, but neither is a pre-requisite. Informal oral argument and short legal memoranda required. Limited Enrollment.
7904 - 1Tax Practice II2018 SpringStudents continue to meet to review cases, to develop educational materials, for further instruction in tax litigation, and for reflection upon clinic experiences. PREREQUISITES: Lawyering Skills, Tax Practice I.
7800 - 6Making a Murderer2018 SpringAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7800 - 8Air, Energy Reg & Climate Chng2018 SpringAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7800 - 9Sexuality, Gender and the Law2018 SpringAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7013 - 1Sec Law: Pub Companies2018 SpringThis course will prepare students to advise public companies with respect to their securities law compliance obligations. Topics will include the ongoing disclosure requirement, the tender offer rules, the proxy rules, the corporate governance and other listing standards of the NYSE and NASDAQ, and insider trading. In addition, the course will discuss issues concerning the acquisition of public companies, including the agreements used for such transactions, the steps public companies take to thwart hostile takeovers, and the fiduciary duties owed by officers and directors in this context. Time permitting, we will cover the compliance obligations of financial intermediaries, including stock brokers, investment advisers, mutual funds, hedge funds, and venture capital funds.
7700 - 1Land Use Control2018 SpringPrepares students to represent private and public clients with respect to the development of real estate. The course examines public land use controls such as zoning and subdivision regulations, and private land use controls such as restrictive covenants and nuisance litigation that may limit the available options for deriving profit or pleasure from real property. This course is a companion to the Real Estate Transfer & Finance Course.
7839 - 119th Cent Disadv Groups2018 SpringThe course examines the white man's rationale and method for the domination of African-Americans, Indians, women, and children. The inquiry into slave law focuses upon such practical questions as the impact of criminal law upon masters and slaves, and restrictions upon emancipation. The Indian law section addresses the integrity of judicial policy in the application of fundamental theory created to govern a unique group. Nineteenth century family law provides further insight into the hierarchical morality of the period. While the context of the cases has some inherent interest, the actual goal of the class is to provide practice in careful analysis of judicial reasoning. Set to the daunting task of justifying the unjustifiable, nineteenth century opinions often display subtle and sophisticated reasoning.
7240 - 1Environmental Law2018 SpringAn introduction to legal and policy issues of environmental protection and decision-making, including study of common law approaches to pollution control; and the theories and approach to federal laws governing environmental regulation.
7854 - 1Leg Wrtg Judicial Clerk2018 SpringThis course provides students with significant experience researching, writing, and editing judicial opinions. It is designed for students who are interested in becoming judicial law clerks or judicial externs. It may also be of interest to students who plan an active trial or appellate practice. Topics may include: the trial and appellate process, the role of judicial clerks in the courtroom and chambers, ethical considerations for judges and their clerks, the process of writing bench memos and opinions, judicial selection and clerk selection, the development and role of a record, judicial decision making, and the role of the judge at each stage of a case.
7894 - 1Trdmrk Prosec & Pract2018 SpringThis skills-based course introduces students to trademark prosecution in the United States Patent and Trademark Office. The goal is to help students develop the basic knowledge and skills utilized in filing and prosecuting trademark applications, in addition to the examination of filed applications in the United States Patent and Trademark Office. No course prerequisites or technical background is required, but students are strongly encouraged to have already taken or to concurrently enroll in IP Survey, Copyright & Trademark Law, or Trademark Law, as this course effectively functions as a lab accompanying those courses.
7761 - 1Criminal Penalties2018 SpringThis course will examine the rules that govern the determination and administration of criminal sentences. More specifically, we will consider 1) sentencing procedures, which govern the choice of the penalty for an individual offender; 2) sentencing policies, which shape legislative choices of penalties; and 3) the administration of prison sentences. Within these three broad areas, we will examine specific topics such as federal and state sentencing guideline systems, the choice between incarceration and other forms of criminal sanction, prisoners' rights, and the extent to which the Constitution restricts sentencing choices.
7892 - 1Immigration Skills Lab2018 SpringThis course equips students with the practical knowledge and skills utilized in federal deportation hearings in the United States. It addresses the applicable procedures, substantive requirements, and best practices relating to representing both foreign-born citizens and the United States in such proceedings. The lab covers the most common applications for relief in such proceedings, including asylum, cancellation of removal for permanent residents, cancellation of removal for non-permanent residents, and adjustment of status. The lab will also cover issues relating to immigration detention and voluntary departure. The course is built on experiential simulations. Generally, for each topic, the course will cover a substantive requirement, the class will strategize about related examples, and individuals or groups will work through the simulation from both sides (government and respondent).
7220 - 1Oil and Gas2018 SpringOwnership, acquisition and development of domestic and international mineral resources focusing primarily on oil and gas, but including some hardrock mineral topics. Policy, conservation and environmental issues affecting development will be addressed, as well as various joint development arrangements. PREREQUISITES: Administrative Law OR Natural Resources Law.
7910 - 2American Legal History2018 SpringThis course is about how law has interacted with the development of America. What events, values, and movements shaped the American legal order? The greatest emphasis will be upon the nineteenth century. The materials will be secondary sources with some use of primary materials.
7080 - 2Interdisc Series Gend & Sexlty2018 SpringRestatement of the Law of Charitable Gifts: Advanced Research and Drafting. This course will provide students with an intensive skill-building experience. Students will conduct legal research and produce written analyses of the case and statutory law in the United States as it relates to various aspects of charitable gifts and charitable giving. The "client" for the class will be the American Law Institute, an organization that describes itself as "the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law." Judges, practitioners, scholars, and others rely on ALI publications, and students are exposed to the work of ALI, primarily in the form of Restatements of the Law, in the many of the cases they read in the first year. Course meetings in the early part of the semester will be dedicated to learning the basic laws governing charities and charitable gifts as well as research methods in this context. Later meetings will consist of the students presenting their research and analysis of specific topics, as well as review and critique of proposed drafts of black letter, legal commentary, and supporting notes for the ALI's Restatement of the Law of Charitable Nonprofit Organizations. Students will work in close collaboration with the instructors and other students and will have several opportunities to present their work to the group. Students will be graded based on their written work and participation in class (both presentation of their work and offering feedback to others).
7800 - 10Current Issues in Family Law2018 SpringAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7450 - 1Indian Law2018 SpringAnalyzes the development of the legal and political relationship between the tribes and the United States as viewed through court decisions and Acts of Congress. Emphasis will placed on current legal problems and issues facing indian tribes and the relationship with the United States and the states.
6040 - 1Civil Procedure2017 FallTopics covered include jurisdiction (territorial, subject matter, and venue); forum non conveniens and transfer; state law in federal courts (Erie); pleading and motions; discovery and pretrial; summary judgment; and introduction to remedies.
6080 - 1Contracts2017 FallLegal principles governing the formation, interpretation, performance, enforcement, and discharge of contracts.
6140 - 1Torts2017 FallStudy of the law that governs the recovery of money damages or other civil relief (as distinguished from criminal prosecutions) for harm caused by another person's conduct. Primarily devoted to examination of the legal protection for each individual's interests in his or her person, relationships, and property.
6180 - 1Legal Methods2017 FallThe legal methods course will teach students how to engage in sophisticated forms of legal analysis. Students will also learn how to communicate their legal analysis in an effective and efficient manner through objective office memoranda and persuasive legal documents. In addition, students will be introduced to the United States legal system and the basics of legal practice. Finally, students will learn how to locate primary and secondary legal source material and how to devise effective legal research strategies.
7040 - 1Evidence2017 FallRules of evidence, expert testimony; role of court and juror; direct and cross examination; competency and privileges of witnesses; admission and exclusion of evidence; credibility of evidence; relevancy and circumstantial evidence; hearsay rule; real proof and writings; and constitutional problems of evidence law.
7050 - 1Bus Organizations2017 FallThis course covers the law of agency, as well as the law governing different types of business entities, with a focus on partnerships, limited liability companies, and corporations.
7070 - 1Federal Income Tax2017 FallThe course deals with federal income tax policies and principles. No previous background in tax, accounting or business is required. We will develop new skills in analyzing and interpreting statutes and regulations to combine with your existing ability to understand case law. Statutes cannot be understood or applied as mere strings of words; policy, politics and history must be considered. This course is not about how to complete returns, but how to pierce the prose to determine who gets what, and why. RECOMMENDED: Business Organizations.
7990 - 1Criminal Process2017 FallThis year-long course includes lecture, discussion and problems to prepare students who are enrolled in the Criminal Clinic to handle criminal cases. It also explores the criminal justice system from various social science perspectives and the role of attorneys in that system. This course is open only to 3Ls who are concurrently enrolled in the year-long Criminal Clinic. See Clinical Program Brochure for more information on the Criminal Clinic. PREREQUISITES: Evidence, Trial Advocacy. RECOMMENDED: Criminal Procedure
7940 - 1Judicial Process2017 FallProvides an opportunity for students to place their judicial clinic experiences in a broader context, and to explore their insights about courts in greater depth. The class looks at how judges make decisions by considering legal philosophy, brought to bear upon statutory, common law and constitutional interpretation. The course focuses on how judges are selected and how process affects decision-making. The course also considers how courts operate and current issues about the adversary process. PRE- OR CO- REQUISITE: Law 7950 Judicial Clinic Placement
7410 - 1Constitutional Law II2017 FallIndividual rights in constitutional law. Topics include equal protection and freedom of expression and religion. This course is required for graduation and must be taken in the second year.
7900 - 1Legal Profession2017 FallThe nature of the legal profession, with particular emphasis on the roles of lawyers and the ways in which those roles create legal, political, moral and personal conflicts. The Model Rules of Professional Conduct are studied. This course is required for graduation and may be taken in either the second or third year.
7960 - 1T.A. Legal Writing2017 FallSelection required. One year commitment. (graded -- 2 Fall; 2 Spring)
7981 - 1Utah Law Review2017 Fall
6190 - 1Legal Research2017 FallTaught in conjunction with Legal Methods, Legal Research teaches students how to locate primary and secondary legal sources material and how to devise effective legal research strategies.
6000 - 1Intro to Law2017 Fall
7097 - 1Appellate Practice2017 FallAn examination of the practical and procedural components of appellate litigation. Students will receive instruction regarding the legal principles and skills involved in appellate practice and, based on a real trial transcript, apply these lessons by researching potential issues, writing an appellate brief and presenting a mock oral argument. The course will meet twice a week: an all-class lecture on a weekday followed by a smaller evening section on a weeknight. This course is recommended, although not required, for students wishing to participate in the Traynor Moot Court Competition. This course satisfies the skills requirement.
7300 - 1Administrative Law2017 FallFederal and state administrative agencies not only adjudicate thousands more cases than all of the courts, they also legislate, making the bulk of rules that govern those cases. As the instrument of government charged with implementing government decisions, they also "execute the laws" as part of the executive branch. This course introduces the statutory policymaking roles of administrative agencies; the limits on their authority; the procedural requirements that structure agency decision-making; and the role of judicial review. The focus is on federal administrative agencies, though some aspects of state law are also discussed.
7030 - 1Criminal Procedure2017 FallIntroduction to constitutional criminal procedure. This course surveys the basic limitations on the detection and investigation of crimes, with special emphasis on the constitutional rights of criminal defendants. Topics to be covered include the incorporation doctrine, the right to counsel, search and seizure law, police interrogation and confessions, and the use of illegally obtained evidence.
7788 - 1New Ventures2017 FallThe class will present an overview of the legal process of and issues involved in the commercializing technologies and launching new ventures. Students will also share their intern experiences in order to maximize their learning from their work. Grades will be based on students' work product and/or recommendation of attorney-supervisor, class participation, and presentations at the end of each semester. The clinic will also provide opportunities to interface with inventors, corporate representatives, as well as outside patent and corporate counsel. Year-long enrollment required; FOUR credits total. RECOMMENDED: Lawyering Skills or Lawyering Skills/Legal Profession. See Clinical Brochure for further information on the New Ventures Clinic.
7200 - 1Natural Resources2017 FallProvides the basic introduction and overview of management of public lands and natural resources. The course begins with the history of the public lands, including allocation of authority within the federal government and between federal and state governments. After an introduction to the National Environmental Policy Act and the Administrative Procedure Act, the course then looks at each of the six major resource areas: minerals, timber, range, wildlife, water, recreation, and preservation. Throughout the course, the environmental, economic, and social dimensions of natural resource policy and conflicts will be examined.
7570 - 1Drafting: Contracts2017 FallThis course will provide students with an introduction to the basics of drafting contracts, including multiple drafting exercises.
7920 - 1Lawyering Skills Survey2017 FallThe basic lawyering skills of interviewing, counseling, negotiating and problem-solving will be taught using videotaped demonstrations, role-playing exercises, students videotaped performances, discussions and reflective writing. During the academic year students should arrange to observe/engage in these lawyering skills in actual practice in order to reflect upon them. Such opportunities can be obtained through paid clerkships, the Pro Bono Initiative or appropriate Clinics (Civil, Criminal, Mediation). See Clinical Program Brochure for further information on live experiences and on clinic options.
7878 - 1Terrorism Sim. Design2017 FallThe Counterterrorism Simulation Design course provides a unique opportunity for students who have previously taken Global Perspectives on Counterterrorism to directly participate in creating simulations conducted in the Counterterrorism course. Students will research and write scenarios, facilitate student preparation for the simulation exercises conducted in the Counterterrorism course and lead simulation sessions. Scenarios address a wide-range of legal issues including constitutional law, criminal law, and international law. This graded course is two credits per semester (4 total credits for the year). A yearlong commitment is required. Prerequisite: Global Perspectives on Counterterrorism.
7829 - 1Innocence Law2017 FallThis course will cover post-conviction remedies, state and federal, including post-conviction motions and habeas corpus as well as judicial proceedings to prove actual innocence. Students will learn how to investigate cases of actual innocence using both forensic scientific evidence and other compelling evidence of innocence. The course will also provide students with a review of the criminal justice system from the innocence prospective.
7020 - 1Legislative Process2017 FallThis course involves the study of legislative process at the state and federal level with an emphasis on Utah state legislative process and issues. The course is divided into two components. First is the study of the current legal issues surrounding the legislative process, including: the initiative and referendum process, the single subject rule, redistricting, and theories of statutory interpretation. This part of the course will focus on current and recent events, e.g., the voucher controversy and the omnibus education bill, from the Utah legislature. This part of the class will be conducted through traditional lectures and will conclude with a mid-term exam at the end of the segment. The second component involves the formulation, drafting and enactment of legislation. The study of this second component will be done through role play where each student will draft legislation, present oral testimony in front of a legislative committee, and sponsor amendments to other students bills.
7869 - 1Adoption Law2017 FallThis course focuses on laws pertaining to the adoption of children and the current practice of adoption law. Topics typically covered include the history and evolution of legal adoption in the United States; constitutional jurisprudence surrounding the termination and relinquishment of parental rights; the evolution of "best interests of the child" standard in adoptive placement; the confidentiality of adoption records and the rise of "open adoption;" international adoption issues; and the intersection of adoption law and discrimination against prospective parents. This 2-credit course is graded.
7800 - 2Reproductive Rights & Justice2017 FallAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7600 - 1Trusts & Estates2017 FallThis course explores the legal problems related to inter vivos and testamentary gratuitous transfers of wealth, including: intestate succession; wills and the construction of wills; will substitutes, including trusts, contracts, multiple party bank accounts, and gifts; restrictions on transfers of wealth aimed at protecting the family; class gifts; and probate and trust administration. Close attention will be paid to the Uniform Probate Code, and the policies they reflect.
7080 - 1Pre-Trial Practice2017 FallRestatement of the Law of Charitable Gifts: Advanced Research and Drafting. This course will provide students with an intensive skill-building experience. Students will conduct legal research and produce written analyses of the case and statutory law in the United States as it relates to various aspects of charitable gifts and charitable giving. The "client" for the class will be the American Law Institute, an organization that describes itself as "the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law." Judges, practitioners, scholars, and others rely on ALI publications, and students are exposed to the work of ALI, primarily in the form of Restatements of the Law, in the many of the cases they read in the first year. Course meetings in the early part of the semester will be dedicated to learning the basic laws governing charities and charitable gifts as well as research methods in this context. Later meetings will consist of the students presenting their research and analysis of specific topics, as well as review and critique of proposed drafts of black letter, legal commentary, and supporting notes for the ALI's Restatement of the Law of Charitable Nonprofit Organizations. Students will work in close collaboration with the instructors and other students and will have several opportunities to present their work to the group. Students will be graded based on their written work and participation in class (both presentation of their work and offering feedback to others).
7360 - 1Health Law2017 FallHealth Law provides an introduction to the broad array of legal principles involved in the delivery of health care today. Legal issues related to health policy, health care administration, and biomedical ethics will be included. Topics to be addressed include the physician-patient relationship; confidentiality; informed consent; medical error and apology; medical malpractice and tort reform; end of life issues such as withholding and withdrawing care; Good Samaritan laws; reproductive health issues, including contraception, abortion, and stem cell research; human subjects research; organ transplantation; and regulation of pharmaceuticals. Students have the opportunity to (but are not required to) also participate in the Health Law Clinic. See Clinical Program Descriptions for more information regarding Health Law Clinic.
7460 - 1Gambling & Gaming Law2017 FallCovers the breadth of an explosive and controversial industry intensively regulated at federal and state levels. Many doctrinal lines are crossed including admininstrative law, commerical law, criminal law, tribal sovereignty, tax, social regulation etc.
7625 - 1Middle Eastern Law2017 FallThe course will offer an overview of Islamic and Middle Eastern law, and will provide an occasion for students to participate in the elaboration of a Casebook in the field. It will cover the major legal subjects in the discipline with a focus on the modern period. In addition to a historical survey of sources and periods of ME law, topics include judicial review, constitutional law, obligations, commercial law, family law, human rights and criminal law.
7851 - 1Real Estate Trans/Finan2017 FallStandard residential and commercial real estate transactions, including consideration of brokerage arrangements, contracts of sale, methods of financing, methods of title protection and assurance, mortgage markets, construction loans, permanent financing, and mortgages and other devices for creating and enforcing security interests with respect to land.
7260 - 1Environmental Practice2017 FallThis course will evaluate in detail the practical, procedural and strategic aspects of the practice of environmental and natural resources law using readings and simulated exercises. The course will cover practice elements under the Clean air Act, the Clean Water Act, the Community Right-to-Know Act and CERCLA. Exercises will include client counseling, witness interviewing, drafting administrative and citizen suit complaints, summary judgment motions, settlement negotiations and rulemaking practice. PREREQUISITES: Either Environmental Law OR Natural Resources
7861 - 1White Collar Crime2017 FallThis course explores the law of economic and political crimes associated with the rubric " white collar crime. " Topics typically covered include: bribery, mail fraud, wire fraud, tax fraud, extortion, securities fraud, racketeering, and money laundering, along with quasi-criminal laws such as forfeiture of assets.
7910 - 1Medieval English Law2017 FallThis course is about how law has interacted with the development of America. What events, values, and movements shaped the American legal order? The greatest emphasis will be upon the nineteenth century. The materials will be secondary sources with some use of primary materials.
7061 - 1Bankruptcy2017 FallThis introductory course studies the U.S. Bankruptcy Code, including the law of preferences, fraudulent transfers, executory contracts, and the bankruptcy relief available under Chapters 7, 11, and 13 of the Code. Basic consumer and business bankruptcies are explained, and current issues in bankruptcy law are addressed.
7800 - 1Global Justice2017 FallAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7903 - 1Tax Practice I2017 FallStudents learn the anatomy of a tax controversy of an individual with the IRS, including the typical controversies that may arise, how they may be resolved through negotiation and offers in compromise, and how these disputes may be litigated before the U.S. Tax Court. Class involves lecture, practical exercises, and opportunities to reflect upon clinic experiences.
7080 - 6Arbitration2017 FallRestatement of the Law of Charitable Gifts: Advanced Research and Drafting. This course will provide students with an intensive skill-building experience. Students will conduct legal research and produce written analyses of the case and statutory law in the United States as it relates to various aspects of charitable gifts and charitable giving. The "client" for the class will be the American Law Institute, an organization that describes itself as "the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law." Judges, practitioners, scholars, and others rely on ALI publications, and students are exposed to the work of ALI, primarily in the form of Restatements of the Law, in the many of the cases they read in the first year. Course meetings in the early part of the semester will be dedicated to learning the basic laws governing charities and charitable gifts as well as research methods in this context. Later meetings will consist of the students presenting their research and analysis of specific topics, as well as review and critique of proposed drafts of black letter, legal commentary, and supporting notes for the ALI's Restatement of the Law of Charitable Nonprofit Organizations. Students will work in close collaboration with the instructors and other students and will have several opportunities to present their work to the group. Students will be graded based on their written work and participation in class (both presentation of their work and offering feedback to others).
7080 - 7Trademark & Unfair Competition2017 FallRestatement of the Law of Charitable Gifts: Advanced Research and Drafting. This course will provide students with an intensive skill-building experience. Students will conduct legal research and produce written analyses of the case and statutory law in the United States as it relates to various aspects of charitable gifts and charitable giving. The "client" for the class will be the American Law Institute, an organization that describes itself as "the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law." Judges, practitioners, scholars, and others rely on ALI publications, and students are exposed to the work of ALI, primarily in the form of Restatements of the Law, in the many of the cases they read in the first year. Course meetings in the early part of the semester will be dedicated to learning the basic laws governing charities and charitable gifts as well as research methods in this context. Later meetings will consist of the students presenting their research and analysis of specific topics, as well as review and critique of proposed drafts of black letter, legal commentary, and supporting notes for the ALI's Restatement of the Law of Charitable Nonprofit Organizations. Students will work in close collaboration with the instructors and other students and will have several opportunities to present their work to the group. Students will be graded based on their written work and participation in class (both presentation of their work and offering feedback to others).
7080 - 9Supreme Court Practice2017 FallRestatement of the Law of Charitable Gifts: Advanced Research and Drafting. This course will provide students with an intensive skill-building experience. Students will conduct legal research and produce written analyses of the case and statutory law in the United States as it relates to various aspects of charitable gifts and charitable giving. The "client" for the class will be the American Law Institute, an organization that describes itself as "the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law." Judges, practitioners, scholars, and others rely on ALI publications, and students are exposed to the work of ALI, primarily in the form of Restatements of the Law, in the many of the cases they read in the first year. Course meetings in the early part of the semester will be dedicated to learning the basic laws governing charities and charitable gifts as well as research methods in this context. Later meetings will consist of the students presenting their research and analysis of specific topics, as well as review and critique of proposed drafts of black letter, legal commentary, and supporting notes for the ALI's Restatement of the Law of Charitable Nonprofit Organizations. Students will work in close collaboration with the instructors and other students and will have several opportunities to present their work to the group. Students will be graded based on their written work and participation in class (both presentation of their work and offering feedback to others).
7080 - 10Employment Law2017 FallRestatement of the Law of Charitable Gifts: Advanced Research and Drafting. This course will provide students with an intensive skill-building experience. Students will conduct legal research and produce written analyses of the case and statutory law in the United States as it relates to various aspects of charitable gifts and charitable giving. The "client" for the class will be the American Law Institute, an organization that describes itself as "the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law." Judges, practitioners, scholars, and others rely on ALI publications, and students are exposed to the work of ALI, primarily in the form of Restatements of the Law, in the many of the cases they read in the first year. Course meetings in the early part of the semester will be dedicated to learning the basic laws governing charities and charitable gifts as well as research methods in this context. Later meetings will consist of the students presenting their research and analysis of specific topics, as well as review and critique of proposed drafts of black letter, legal commentary, and supporting notes for the ALI's Restatement of the Law of Charitable Nonprofit Organizations. Students will work in close collaboration with the instructors and other students and will have several opportunities to present their work to the group. Students will be graded based on their written work and participation in class (both presentation of their work and offering feedback to others).
7844 - 1Public Policy Practicum2017 FallThe classroom component of the practicum will focus on the application of theory to practice. Students will engage with the substantive law of the rights violations being investigated, discuss the strategies available to advocates seeking change, confront legal and ethical issues as they arise in their work, receive training on practical legal skills as needed, and reflect upon their experiences. Students will be graded on a combination of participation and the completion of assignments for the clinical component. There will be no final exam. Note: This course may be repeated for credit.
7320 - 1Antitrust2017 FallThe study of the law and economics of antitrust policy and the public and private methods for enforcing antitrust policy. Particular emphasis is placed on the Sherman and Clayton Acts and the issues of monopolization, mergers, price fixing, boycotts, tying arrangements and state and local government actions displacing the competitive process.
7230 - 1Water Law2017 FallOverview of the water allocation doctrines of riparian rights and prior appropriation; the origins of federal power over water resource allocation and controversies between the states and the federal government and between states over shared water resources; and practical aspects of water law and practice in the appropriation doctrine states.
7250 - 1Envir. Dispute Resolution2017 FallThis course provides an analysis of the most important patent cases involving chemical, pharmaceutical and biotechnology related inventions. The relevance of these cases to patent preparation and prosecution strategies will be emphasized. Attention will also be given to the interpretation of patent claims directed to chemical, pharmaceutical and biotechnology related inventions. PREREQUISITES: Intellectual Property Survey. RECOMMENDED: Patent Law
7760 - 1Patent Law2017 FallThis course will provide students with an opportunity to study the substantive patent law issues which constitute conditions for patentability. Specifically, this course will explore the case law which has evolved in connection with the interpretation of several key statutory sections of Title 35 (the 1952 Patent Act), including section 101 (eligible subject matter and utility), section 102 (prior art, novelty, and loss of right), and section 103 (non-obviousness).
7876 - 1Copyright Law2017 FallThis course will focus on the legal protection of creative works through copyright and related rights. Topics covered typically include the copyrightable subject matter, ownership of copyright, purposes and goals of copyright, originality, fixation, formalities, and the various rights, limitations, and remedies provided by copyright.
7350 - 1Immigration Law2017 FallThrough the study of statutory and case law as well as historical and contemporary theories and debates about immigration, this course provides a review of immigration and asylum law and policy. The course explores issues such as the meaning of membership in the "national community" and obligations of members to those deemed outsiders. We will analyze these issues through the examination of asylum law, types of entries by foreigners, deportation, exclusion, immigrant and non-immigrant status, employment law, and citizenship.
7895 - 1Spanish for Lawyers2017 FallThis course offers an opportunity for students to enhance their existing Spanish communication skills in legal practice. The course will cover specific Spanish vocabulary necessary to communicate in a variety of legal settings from direct client representation in administrative and judicial proceedings to community education and policy reform efforts. The course will also provide exposure to the linguistic and cultural diversity of Latino communities and improve cultural competency for client interaction and communication. The course will emphasize speaking and listening skills, however, students will also be responsible for reading and writing assignments. Prerequisites: Students must already have basic proficiency in Spanish. Students will be given writing assignments that may involve either drafting legal documents or client correspondence in Spanish, or the translation of legal documents into Spanish. Students will also participate in mock interviews with Spanish speaking clients seeking legal advice or representation.
7910 - 2International Law2017 FallThis course is about how law has interacted with the development of America. What events, values, and movements shaped the American legal order? The greatest emphasis will be upon the nineteenth century. The materials will be secondary sources with some use of primary materials.
7845 - 1Int'l Criminal Law2017 FallBasics of the transnational issues likely to arise in both US criminal cases and international efforts to impose criminal responsibility on the perpetrators of serious offenses. Specifically, the course introduces general principles of both domestic and international law governing efforts to apply U.S. criminal law to foreign crimes and foreign criminals; application of those principles to specific offenses such as terrorism and torture; extraterritorial application of US law; and the prosecution of international crimes such as crimes against humanity and war crimes.
7080 - 11Adv Rsch Drft: Char Gft2017 FallRestatement of the Law of Charitable Gifts: Advanced Research and Drafting. This course will provide students with an intensive skill-building experience. Students will conduct legal research and produce written analyses of the case and statutory law in the United States as it relates to various aspects of charitable gifts and charitable giving. The "client" for the class will be the American Law Institute, an organization that describes itself as "the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law." Judges, practitioners, scholars, and others rely on ALI publications, and students are exposed to the work of ALI, primarily in the form of Restatements of the Law, in the many of the cases they read in the first year. Course meetings in the early part of the semester will be dedicated to learning the basic laws governing charities and charitable gifts as well as research methods in this context. Later meetings will consist of the students presenting their research and analysis of specific topics, as well as review and critique of proposed drafts of black letter, legal commentary, and supporting notes for the ALI's Restatement of the Law of Charitable Nonprofit Organizations. Students will work in close collaboration with the instructors and other students and will have several opportunities to present their work to the group. Students will be graded based on their written work and participation in class (both presentation of their work and offering feedback to others).
7906 - 1Genomic Medicine ELSI2017 FallGenomic Medicine Research: Ethical, Legal and Social Issues: Genomic Medicine Research: Ethical, Legal and Social Issues is designed to immerse students in the emerging ethical, legal, and social issues facing the field of genomic medicine. This is a semester-long, weekly course that meets for 13, two hour sessions. The course offers a mix of didactic content, case studies, and small group activities. This course is intended for students with graduate standing and is targeted toward students who have at least some background in human genetics and research methods. This course is mandatory for trainees in the Genomic Medicine T32 training program; students in other graduate degree programs are welcome to participate.
7920 - 1Lawyering Skills Survey2017 SummerThe basic lawyering skills of interviewing, counseling, negotiating and problem-solving will be taught using videotaped demonstrations, role-playing exercises, students videotaped performances, discussions and reflective writing. During the academic year students should arrange to observe/engage in these lawyering skills in actual practice in order to reflect upon them. Such opportunities can be obtained through paid clerkships, the Pro Bono Initiative or appropriate Clinics (Civil, Criminal, Mediation). See Clinical Program Brochure for further information on live experiences and on clinic options.
7410 - 1Constitutional Law II2017 SummerIndividual rights in constitutional law. Topics include equal protection and freedom of expression and religion. This course is required for graduation and must be taken in the second year.
7030 - 1Criminal Procedure2017 SummerIntroduction to constitutional criminal procedure. This course surveys the basic limitations on the detection and investigation of crimes, with special emphasis on the constitutional rights of criminal defendants. Topics to be covered include the incorporation doctrine, the right to counsel, search and seizure law, police interrogation and confessions, and the use of illegally obtained evidence.
7800 - 1Curr Issues Law & Biosciences2017 SummerAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7940 - 1Judicial Process2017 SummerProvides an opportunity for students to place their judicial clinic experiences in a broader context, and to explore their insights about courts in greater depth. The class looks at how judges make decisions by considering legal philosophy, brought to bear upon statutory, common law and constitutional interpretation. The course focuses on how judges are selected and how process affects decision-making. The course also considers how courts operate and current issues about the adversary process. PRE- OR CO- REQUISITE: Law 7950 Judicial Clinic Placement
7841 - 1Prep & Exam Witnesses2017 SummerOpening statements and closing arguments are seen as the trial lawyer's stock in trade, but trials are won and lost on the witness stand. This course will focus on the preparation, handling and presentation of the witness at trial. The class will emphasize the importance of pre-trial preparation before both direct and cross-examination, and the execution of those skills. We will also deal with witnesses who need specific preparation, handling, and presentation, such as experts, child victims of violent or sex-related crimes, witnesses who are mentally or emotionally disabled, and witnesses who must testify through the use of an interpreter. The format of the class will be a lecture on the use and presentation of a particular classification of witness, a demonstration of a direct and/or cross-examination of that class of witness, and hands-on participation in the examinations of the witness by students. This 2-credit course is graded.
7842 - 1Take/Defend Depositions2017 SummerWith only a small percentage of cases actually going to trial, the real battleground for most litigation is the deposition. Depositions can make or break a client?s case and knowing how to effectively take and defend depositions is key to a successful litigation strategy. Deposition testimony often plays a pivotal role in determining motions for summary judgment and in settlement. This is a practical skills course and students will learn the basics of taking and defending the depositions of lay witnesses, Rule 30(b)(6) corporate representatives and expert witnesses. Through lecture, classroom demonstrations and mock deposition exercises, students will learn the procedural rules governing depositions, various examination techniques, how to handle documents, how to assert and respond to objections, how to prepare a deponent and the ethical issues surrounding depositions. The mock deposition exercise will be conducted by experienced lawyers.
7057 - 1Deals2017 SummerThis course focuses on the common economic problems that drive deal structuring and deal contracting. Although deals vary in their details, they share common economic problems, such as issues of rent-seeking, moral hazard, and information asymmetry. This course introduces students to the economic tools necessary to evaluate alternative contractual regimes, including transaction costs, information economics, risk sharing and incentives, property rights, and finance. Then, it applies that knowledge to the evaluation of different real world deals, with the particular deals selected to give students a range of subject matters in order to highlight a common set of problems and solutions that arises in multiple settings. In the past, Deals courses have included the study of mergers and acquisitions, securities offerings, venture financing, movie financing, spin-offs, and securitizations, among others.
6120 - 1Property2017 SpringCommon law possessory and future interests, estates in land, landlord-tenant relationships, concurrent tenancies, adverse possession, private and governmental restrictions on the use of land, easements and covenants, and some elementary principles of personal property law.
6180 - 1Legal Methods2017 SpringThe legal methods course will teach students how to engage in sophisticated forms of legal analysis. Students will also learn how to communicate their legal analysis in an effective and efficient manner through objective office memoranda and persuasive legal documents. In addition, students will be introduced to the United States legal system and the basics of legal practice. Finally, students will learn how to locate primary and secondary legal source material and how to devise effective legal research strategies.
7040 - 1Evidence2017 SpringRules of evidence, expert testimony; role of court and juror; direct and cross examination; competency and privileges of witnesses; admission and exclusion of evidence; credibility of evidence; relevancy and circumstantial evidence; hearsay rule; real proof and writings; and constitutional problems of evidence law.
7072 - 1Trial Advocacy2017 SpringA skills training course which uses text materials, problems, simulated courtroom settings, student performance, and faculty critique to teach basic trial advocacy skills. This course is comprised of two sessions per week: 1) an all-class lecture on a weekday; and 2) a smaller evening section on an assigned weeknight. The course concludes with a mock trial at the state courthouse. PRE- OR CO- REQUISITE: Evidence. Note: Second year students intending to enroll in the Criminal Clinic during their third year should enroll in Evidence and Trial Advocacy during their second year. This course satisfies the skills requirement.
7990 - 1Criminal Process2017 SpringThis year-long course includes lecture, discussion and problems to prepare students who are enrolled in the Criminal Clinic to handle criminal cases. It also explores the criminal justice system from various social science perspectives and the role of attorneys in that system. This course is open only to 3Ls who are concurrently enrolled in the year-long Criminal Clinic. See Clinical Program Brochure for more information on the Criminal Clinic. PREREQUISITES: Evidence, Trial Advocacy. RECOMMENDED: Criminal Procedure
7940 - 1Judicial Process2017 SpringProvides an opportunity for students to place their judicial clinic experiences in a broader context, and to explore their insights about courts in greater depth. The class looks at how judges make decisions by considering legal philosophy, brought to bear upon statutory, common law and constitutional interpretation. The course focuses on how judges are selected and how process affects decision-making. The course also considers how courts operate and current issues about the adversary process. PRE- OR CO- REQUISITE: Law 7950 Judicial Clinic Placement
7410 - 1Constitutional Law II2017 SpringIndividual rights in constitutional law. Topics include equal protection and freedom of expression and religion. This course is required for graduation and must be taken in the second year.
7560 - 1Adv Legal Resrch2017 SpringThis class builds on the basics introduced in the first year Legal Methods/ Legal Research course. Students will have a variety of research experiences and will be given the opportunity to develop practical legal research skills in researching print and electronic legal and non-legal materials. Written research projects will be required throughout the course.
7900 - 1Legal Profession2017 SpringThe nature of the legal profession, with particular emphasis on the roles of lawyers and the ways in which those roles create legal, political, moral and personal conflicts. The Model Rules of Professional Conduct are studied. This course is required for graduation and may be taken in either the second or third year.
7981 - 1Utah Law Review2017 Spring
7350 - 1Immigration Law2017 SpringThrough the study of statutory and case law as well as historical and contemporary theories and debates about immigration, this course provides a review of immigration and asylum law and policy. The course explores issues such as the meaning of membership in the "national community" and obligations of members to those deemed outsiders. We will analyze these issues through the examination of asylum law, types of entries by foreigners, deportation, exclusion, immigrant and non-immigrant status, employment law, and citizenship.
7602 - 1Estate Planning2017 SpringThis course will explore the tax and non-tax issues involved in planning estates for individuals of different financial and personal circumstances. Students will receive a thorough grounding in the tax concepts that pertain to the transfer of wealth both during life and at death. Students also will have the opportunity to conduct a client interview and complete planning/drafting projects during the semester. Limited Enrollment. PRE OR CO-REQUISITE: Trusts & Estates Recommended: Federal Income Tax.
6100 - 2Criminal Law2017 SpringThe substantive law of crimes, including general principles and the elements of specific offenses and defenses.
7300 - 1Administrative Law2017 SpringFederal and state administrative agencies not only adjudicate thousands more cases than all of the courts, they also legislate, making the bulk of rules that govern those cases. As the instrument of government charged with implementing government decisions, they also "execute the laws" as part of the executive branch. This course introduces the statutory policymaking roles of administrative agencies; the limits on their authority; the procedural requirements that structure agency decision-making; and the role of judicial review. The focus is on federal administrative agencies, though some aspects of state law are also discussed.
7920 - 1Lawyering Skills Survey2017 SpringThe basic lawyering skills of interviewing, counseling, negotiating and problem-solving will be taught using videotaped demonstrations, role-playing exercises, students videotaped performances, discussions and reflective writing. During the academic year students should arrange to observe/engage in these lawyering skills in actual practice in order to reflect upon them. Such opportunities can be obtained through paid clerkships, the Pro Bono Initiative or appropriate Clinics (Civil, Criminal, Mediation). See Clinical Program Brochure for further information on live experiences and on clinic options.
7030 - 1Criminal Procedure2017 SpringIntroduction to constitutional criminal procedure. This course surveys the basic limitations on the detection and investigation of crimes, with special emphasis on the constitutional rights of criminal defendants. Topics to be covered include the incorporation doctrine, the right to counsel, search and seizure law, police interrogation and confessions, and the use of illegally obtained evidence.
7570 - 1Drafting: Contracts2017 SpringThis course will provide students with an introduction to the basics of drafting contracts, including multiple drafting exercises.
7800 - 1Air, Energy Reg & Climate Chng2017 SpringAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7800 - 2Frd, Insdr Trdg & Corp Mscndct2017 SpringAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7800 - 4Feminist Legal Theory2017 SpringAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7800 - 5Victim's Rights2017 SpringAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
6060 - 1Constitutional Law I2017 SpringThe federal system and the allocation of power between the federal and state governments; allocation of power among branches of the federal government; nature and scope of judicial review, procedural due process, and individual privacy protections against government interference.
7788 - 1New Ventures2017 SpringThe class will present an overview of the legal process of and issues involved in the commercializing technologies and launching new ventures. Students will also share their intern experiences in order to maximize their learning from their work. Grades will be based on students' work product and/or recommendation of attorney-supervisor, class participation, and presentations at the end of each semester. The clinic will also provide opportunities to interface with inventors, corporate representatives, as well as outside patent and corporate counsel. Year-long enrollment required; FOUR credits total. RECOMMENDED: Lawyering Skills or Lawyering Skills/Legal Profession. See Clinical Brochure for further information on the New Ventures Clinic.
7797 - 1Internationl Bankruptcy2017 SpringInternational business requires cross-border cooperation in order to rescue, or liquidate, troubled enterprises. This course examines international issues, such as jurisdiction and court-to-court cooperation, in the context of American, European and Asian bankruptcy laws and practices.
7789 - 1Prsptvs Counter-Terror2017 SpringThis course will take an in-depth look at counterterrorism in China, Columbia, India, Israel, Russia, Spain and the United States. The course will examine the competing conceptions and definitions of terrorism at the national and international level and the institutions and processes designed to execute the "Global War on Terrorism." This course will include the study of the balance between national security interests and civil liberties found in the following topical areas: relevant Supreme Court decisions in the surveyed nations, legislative provisions in response to acts of terrorism, operational counter-terrorism considerations (including targeted killing), intelligence gathering (including interrogations), policy recommendations, the use of military tribunals or civil courts in trying suspected terrorists, the emerging law regarding enemy combatants and their detention, and the arguable need for new self-defense doctrines at the global level. In addition to the regularly scheduled class time, the class includes a full day scenario based counterterrorism simulation exercise in which students role play decision makers (US and international) addressing legal, policy, intelligence (gathering and analysis) and operational counterterrorism dilemmas using multiple media resources. NOTE: Participation in the all-day simulation exercise is mandatory for all students enrolled.
7760 - 1Patent Law2017 SpringThis course will provide students with an opportunity to study the substantive patent law issues which constitute conditions for patentability. Specifically, this course will explore the case law which has evolved in connection with the interpretation of several key statutory sections of Title 35 (the 1952 Patent Act), including section 101 (eligible subject matter and utility), section 102 (prior art, novelty, and loss of right), and section 103 (non-obviousness).
7793 - 1Juvenile Court Law2017 SpringThis course will examine the treatment of juvenile offenders in the legal system, with emphasis on the constitutional parameters of preventing, adjudicating, and sanctioning criminal behavior by minors. Topics include the justification for distinguishing juvenile and adult offenders, age-based status offenses, the constitutional rights of juvenile delinquents, and the legal mechanisms for transferring minors to adult criminal courts. The course will address child welfare issues regarding the adjudication and disposition of abuse, neglect and dependency cases.
7844 - 1Public Policy Practicum2017 SpringThe classroom component of the practicum will focus on the application of theory to practice. Students will engage with the substantive law of the rights violations being investigated, discuss the strategies available to advocates seeking change, confront legal and ethical issues as they arise in their work, receive training on practical legal skills as needed, and reflect upon their experiences. Students will be graded on a combination of participation and the completion of assignments for the clinical component. There will be no final exam. Note: This course may be repeated for credit.
7010 - 1Med/Adv Negotiation2017 SpringThe theories and practices of advanced negotiation and mediation will be taught in a variety of settings. There will be a substantial focus on developing these ADR skills through role-play exercises and reflection. Grades are based upon video taped performances, analytical writing, and reflective writing. Opportunities to observe live mediation will be made available. Students are also encouraged to enroll in the Mediation Clinic. See Clinical Program Brochure for further information on the Mediation Clinic.
7050 - 1Bus Organizations2017 SpringThis course covers the law of agency, as well as the law governing different types of business entities, with a focus on partnerships, limited liability companies, and corporations.
7230 - 1Water Law2017 SpringOverview of the water allocation doctrines of riparian rights and prior appropriation; the origins of federal power over water resource allocation and controversies between the states and the federal government and between states over shared water resources; and practical aspects of water law and practice in the appropriation doctrine states.
7074 - 1Family Law2017 SpringThis is an introductory course in family law. Topics include the law of marriage, divorce, and child custody, and the legal recognition of nontraditional family relationships. Possible other topics include family violence, balancing family and work responsibilities, and new reproductive technologies. Along with mastery of basic family law principles, this course will emphasize critique of existing family law doctrine and policy, and evaluation of recent reform proposals by family law judges, scholars, and practitioners.
7878 - 1Terrorism Sim. Design2017 SpringThe Counterterrorism Simulation Design course provides a unique opportunity for students who have previously taken Global Perspectives on Counterterrorism to directly participate in creating simulations conducted in the Counterterrorism course. Students will research and write scenarios, facilitate student preparation for the simulation exercises conducted in the Counterterrorism course and lead simulation sessions. Scenarios address a wide-range of legal issues including constitutional law, criminal law, and international law. This graded course is two credits per semester (4 total credits for the year). A yearlong commitment is required. Prerequisite: Global Perspectives on Counterterrorism.
7570 - 2Patent Document Draftng2017 SpringThis course will provide students with an introduction to the basics of drafting contracts, including multiple drafting exercises.
7829 - 1Innocence Law2017 SpringThis course will cover post-conviction remedies, state and federal, including post-conviction motions and habeas corpus as well as judicial proceedings to prove actual innocence. Students will learn how to investigate cases of actual innocence using both forensic scientific evidence and other compelling evidence of innocence. The course will also provide students with a review of the criminal justice system from the innocence prospective.
7870 - 1Law Practice Management2017 SpringThis course focuses on the management of solo or small-firm legal practices. Topics typically covered include law firm business structure, office systems, marketing, staffing, liability insurance, time management, technology, billing and collections. This 2-credit course is graded.
7889 - 1Law and Biomedicine2017 SpringThis colloquium will involve presentations by outstanding scholars and practitioners in areas of law related to contemporary issues in law and the biosciences. These will be drawn from both the local area and nationally. Topics may include health care reform, law and mental health, food and drug law, genetics and law, and intellectual property. This 1-credit course is graded, and will meet only during the first 8 weeks of the semester.
7002 - 1Federal Courts2017 SpringSurvey of Federal Courts: Who can bring an action or file an appeal in federal court? Who can sue a government official and for what kind of relief? What is sovereign immunity? Abstention? A successive habeas petition? We will tackle all of these issues and others that commonly arise in federal court. These include the creation and role of Article III courts; federal jurisdiction; abstention; the contours of suits against governments and their officials; the relationship between state and federal law (including the law of preemption); and procedures for filing federal habeas petitions. This course should be of interest to students who are interested in litigating (particularly in federal court), practicing criminal law, or clerking for a judge.
7052 - 1Int'l Business Transact2017 SpringThis course endeavors to provide students with a broad understanding of the fundamental legal problems arising from transnational business activities. It examines the role of national and international law in the constitution of the legal framework within which such activities take place. Specific topics covered include: the role and responsibilities of attorneys engaged in international practice; the international trading of goods; financing the sale of goods; export controls; joint ventures and foreign investment; dispute resolution.
7060 - 1Commercial Law2017 SpringThe fundamentals of the law governing commercial transactions. Because much of this law is codified in the Uniform Commercial Code, emphasis will be placed on the techniques for using the Code. A substantial portion of the course will be devoted to Article 9 of the Code dealing with secured transactions, including the interplay between Article 9 and Bankruptcy Code. Parts of Article 2 (sales), Article 2A (leases), Article 3 (negotiable instruments) and Article 4 (bank collections will also be covered).
7015 - 1Real Estate Development2017 SpringThis course is designed to teach real estate development through practical experience. The course explores the risks inherent in real estate development and the concrete steps required to take a real estate project from the conceptual stage to completion. The course will focus on the various risks and hurdles to successfully putting a real estate development together. Students will take a single site (of their own or one offered by the instructor) and produce several small reports that require research and analysis on: (1) market conditions for the proposed use and site; (2) planning/zoning issues and resolutions; (3) financing, including both equity and debt; and (4) site-related legal issues (such as title and environmental problems). In addition to book and internet research, students will be required to discuss their projects with planning officials in the relevant jurisdiction(s) and to speak with financing sources. At the end of the course, these combined reports should allow the student to determine whether a given project is feasible and help with a decision to move forward. This course is entirely project-based and will not have an exam. Students should expect to attend field trips to current projects.
7016 - 1Family Law Practice Lab2017 SpringThis practice- and skills-focused course is a complement to the three-credit Family Law course. This lab is problem-based and teaches students the basic "how to's" for handling family law cases. Skills addressed will include attorney-client interactions, representation at mediation and in litigation, and document drafting for divorce or custody cases. The course will include simulation exercises and participation by family law practitioners. Pre- or co-requisite: Family Law.
7570 - 3Real Estate Drafting2017 SpringThis course will provide students with an introduction to the basics of drafting contracts, including multiple drafting exercises.
7800 - 3Int'l Law Foreign Investment2017 SpringAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7600 - 1Trusts & Estates2017 SpringThis course explores the legal problems related to inter vivos and testamentary gratuitous transfers of wealth, including: intestate succession; wills and the construction of wills; will substitutes, including trusts, contracts, multiple party bank accounts, and gifts; restrictions on transfers of wealth aimed at protecting the family; class gifts; and probate and trust administration. Close attention will be paid to the Uniform Probate Code, and the policies they reflect.
7071 - 1Tax Business Entities2017 SpringThe federal income taxation of publicly-held corporations is compared to that of closely-held limited liability companies with respect to capital contributions, annual income or loss, periodic distributions, acquisitive reorganizations and complete liquidations. PREREQUISITES: Business Organizations, Federal Income Tax.
7876 - 1Copyright Law2017 SpringThis course will focus on the legal protection of creative works through copyright and related rights. Topics covered typically include the copyrightable subject matter, ownership of copyright, purposes and goals of copyright, originality, fixation, formalities, and the various rights, limitations, and remedies provided by copyright.
7790 - 1Energy Law2017 SpringThis course offers an introduction to federal and state regulation of energy. Both "traditional" fuels and emerging, "alternative" energy sources will be covered. Course units will place particular focus on the history of energy law; current energy policy under the Energy Policy Act of 2005 and other statutes; the tension between state and federal jurisdiction; ratemaking; regulation, deregulation, and energy markets; energy law as an environmental issue; and the future of energy. Case studies will provide a window into cutting-edge issues in energy law and policy.
7910 - 1Medieval English Law2017 SpringThis course is about how law has interacted with the development of America. What events, values, and movements shaped the American legal order? The greatest emphasis will be upon the nineteenth century. The materials will be secondary sources with some use of primary materials.
7886 - 1Statutory Interpret2017 SpringThis course is designed to provide students with the skills to successfully interpret state and federal statutes. The course is organized around the doctrines and principles that courts rely on when interpreting statutes, and incorporates exercises and an exam that focuses on developing the tools to argue and resolve difficult statutory interpretation questions.
7290 - 1Disability Law2017 SpringIntroduction to the rights of individuals with disabilities, with an emphasis on issues of nondiscrimination. The course will focus primarily on the Americans with Disabilities Act, but we will also address topics arising under other disability rights statutes, such as the Individuals with Disabilities Education Act and the Fair Housing Amendments Act. We will consider application of these statutes to a wide range of public and private settings, including public accommodations, education, institutionalization, and transportation. Throughout, attention will be paid to the history of discrimination against U.S. citizens with disabilities.
7796 - 1Mining Law2017 SpringDefinitions of mineral interests, land status determinations, acquisitions of mineral rights, primarily as to the public lands, mining entry and location of claims, mineral leasing, mining agreements.
7898 - 1Mergers & Acquisitions2017 SpringThis course introduces students to the fundamentals and critical topics in the law of mergers and acquisitions and the financial and transactional issues that they present. The principal focus of the course will be on the corporate law aspects of these transactions, the business incentives of the parties to the transactions, and the documentation and negotiation of the deals. Ancillary legal areas, such as tax, securities, and antitrust, will also be touched upon. The course will also study acquisition agreements, and the important contractual issues therein. Students will explore mergers and acquisitions transactions as attempts by the transaction parties to attain business goals and will learn how legal rules and documentation constrain and create opportunity for the parties' ability to achieve their objectives. The real-world problems faced by parties involved in these transactions, as well as those of judges who must adjudicate these deals, are considered. Prerequisite: Business Organizations
7888 - 1Sec Law: Priv Companies2017 SpringThis course will prepare students to provide legal counsel to companies looking to raise capital through private and public offerings of securities. This course will cover the securities laws pertaining to such transactions and introduce students to the documentation involved. In addition, rather than conduct public offerings, many private companies are acquired by competing firms. To prepare students for these transactions, this course will discuss the fundamentals of stock purchase agreements and related transaction documents.
7843 - 1Conservation Easements2017 SpringConservation Easements: Theory & Practice - This course will cover important issues associated with the widespread use of the perpetual conservation easement as a land protection tool. All aspects of the law will be covered, including state real property law, state and federal laws governing the operations of charities (land trusts), state laws governing the administration of assets held for the benefit of the public, and the federal tax incentives provided to landowners who donate conservation easements as charitable gifts. Students will engage in legal and interdisciplinary research on specific assigned topics relating to conservation easements and draft detailed memorandum analyzing and summarizing the results of this research. This class is not a seminar. Please contact instructor for details on this course.
7775 - 1Bus Bankruptcy: Reorgs2017 SpringClass discussions and practical exercises in Chapter 11 business reorganizations: From filing of the bankruptcy petition to the confirmation of the plan of reorganization. The Bankruptcy Survey and Secured Transactions courses are related and helpful, but neither is a pre-requisite. Informal oral argument and short legal memoranda required. Limited Enrollment.
7430 - 1First Amendment2017 Spring
7902 - 1SEC Enforcement Clinic2017 Spring
7904 - 1Tax Practice II2017 SpringStudents continue to meet to review cases, to develop educational materials, for further instruction in tax litigation, and for reflection upon clinic experiences. PREREQUISITES: Lawyering Skills, Tax Practice I.
6040 - 1Civil Procedure2016 FallTopics covered include jurisdiction (territorial, subject matter, and venue); forum non conveniens and transfer; state law in federal courts (Erie); pleading and motions; discovery and pretrial; summary judgment; and introduction to remedies.
6080 - 1Contracts2016 FallLegal principles governing the formation, interpretation, performance, enforcement, and discharge of contracts.
6140 - 1Torts2016 FallStudy of the law that governs the recovery of money damages or other civil relief (as distinguished from criminal prosecutions) for harm caused by another person's conduct. Primarily devoted to examination of the legal protection for each individual's interests in his or her person, relationships, and property.
6180 - 1Legal Methods2016 FallThe legal methods course will teach students how to engage in sophisticated forms of legal analysis. Students will also learn how to communicate their legal analysis in an effective and efficient manner through objective office memoranda and persuasive legal documents. In addition, students will be introduced to the United States legal system and the basics of legal practice. Finally, students will learn how to locate primary and secondary legal source material and how to devise effective legal research strategies.
7040 - 1Evidence2016 FallRules of evidence, expert testimony; role of court and juror; direct and cross examination; competency and privileges of witnesses; admission and exclusion of evidence; credibility of evidence; relevancy and circumstantial evidence; hearsay rule; real proof and writings; and constitutional problems of evidence law.
7050 - 1Bus Organizations2016 FallThis course covers the law of agency, as well as the law governing different types of business entities, with a focus on partnerships, limited liability companies, and corporations.
7070 - 1Federal Income Tax2016 FallThe course deals with federal income tax policies and principles. No previous background in tax, accounting or business is required. We will develop new skills in analyzing and interpreting statutes and regulations to combine with your existing ability to understand case law. Statutes cannot be understood or applied as mere strings of words; policy, politics and history must be considered. This course is not about how to complete returns, but how to pierce the prose to determine who gets what, and why. RECOMMENDED: Business Organizations.
7990 - 1Criminal Process2016 FallThis year-long course includes lecture, discussion and problems to prepare students who are enrolled in the Criminal Clinic to handle criminal cases. It also explores the criminal justice system from various social science perspectives and the role of attorneys in that system. This course is open only to 3Ls who are concurrently enrolled in the year-long Criminal Clinic. See Clinical Program Brochure for more information on the Criminal Clinic. PREREQUISITES: Evidence, Trial Advocacy. RECOMMENDED: Criminal Procedure
7940 - 1Judicial Process2016 FallProvides an opportunity for students to place their judicial clinic experiences in a broader context, and to explore their insights about courts in greater depth. The class looks at how judges make decisions by considering legal philosophy, brought to bear upon statutory, common law and constitutional interpretation. The course focuses on how judges are selected and how process affects decision-making. The course also considers how courts operate and current issues about the adversary process. PRE- OR CO- REQUISITE: Law 7950 Judicial Clinic Placement
7240 - 1Environmental Law2016 FallAn introduction to legal and policy issues of environmental protection and decision-making, including study of common law approaches to pollution control; and the theories and approach to federal laws governing environmental regulation.
7410 - 1Constitutional Law II2016 FallIndividual rights in constitutional law. Topics include equal protection and freedom of expression and religion. This course is required for graduation and must be taken in the second year.
7900 - 1Legal Profession2016 FallThe nature of the legal profession, with particular emphasis on the roles of lawyers and the ways in which those roles create legal, political, moral and personal conflicts. The Model Rules of Professional Conduct are studied. This course is required for graduation and may be taken in either the second or third year.
7981 - 1Utah Law Review2016 Fall
6190 - 1Legal Research2016 FallTaught in conjunction with Legal Methods, Legal Research teaches students how to locate primary and secondary legal sources material and how to devise effective legal research strategies.
6000 - 1Intro to Law2016 Fall
7097 - 1Appellate Practice2016 FallAn examination of the practical and procedural components of appellate litigation. Students will receive instruction regarding the legal principles and skills involved in appellate practice and, based on a real trial transcript, apply these lessons by researching potential issues, writing an appellate brief and presenting a mock oral argument. The course will meet twice a week: an all-class lecture on a weekday followed by a smaller evening section on a weeknight. This course is recommended, although not required, for students wishing to participate in the Traynor Moot Court Competition. This course satisfies the skills requirement.
7300 - 1Administrative Law2016 FallFederal and state administrative agencies not only adjudicate thousands more cases than all of the courts, they also legislate, making the bulk of rules that govern those cases. As the instrument of government charged with implementing government decisions, they also "execute the laws" as part of the executive branch. This course introduces the statutory policymaking roles of administrative agencies; the limits on their authority; the procedural requirements that structure agency decision-making; and the role of judicial review. The focus is on federal administrative agencies, though some aspects of state law are also discussed.
7030 - 1Criminal Procedure2016 FallIntroduction to constitutional criminal procedure. This course surveys the basic limitations on the detection and investigation of crimes, with special emphasis on the constitutional rights of criminal defendants. Topics to be covered include the incorporation doctrine, the right to counsel, search and seizure law, police interrogation and confessions, and the use of illegally obtained evidence.
7788 - 1New Ventures2016 FallThe class will present an overview of the legal process of and issues involved in the commercializing technologies and launching new ventures. Students will also share their intern experiences in order to maximize their learning from their work. Grades will be based on students' work product and/or recommendation of attorney-supervisor, class participation, and presentations at the end of each semester. The clinic will also provide opportunities to interface with inventors, corporate representatives, as well as outside patent and corporate counsel. Year-long enrollment required; FOUR credits total. RECOMMENDED: Lawyering Skills or Lawyering Skills/Legal Profession. See Clinical Brochure for further information on the New Ventures Clinic.
7200 - 1Natural Resources2016 FallProvides the basic introduction and overview of management of public lands and natural resources. The course begins with the history of the public lands, including allocation of authority within the federal government and between federal and state governments. After an introduction to the National Environmental Policy Act and the Administrative Procedure Act, the course then looks at each of the six major resource areas: minerals, timber, range, wildlife, water, recreation, and preservation. Throughout the course, the environmental, economic, and social dimensions of natural resource policy and conflicts will be examined.
7570 - 1Drafting: Contracts2016 FallThis course will provide students with an introduction to the basics of drafting contracts, including multiple drafting exercises.
7920 - 1Lawyering Skills Survey2016 FallThe basic lawyering skills of interviewing, counseling, negotiating and problem-solving will be taught using videotaped demonstrations, role-playing exercises, students videotaped performances, discussions and reflective writing. During the academic year students should arrange to observe/engage in these lawyering skills in actual practice in order to reflect upon them. Such opportunities can be obtained through paid clerkships, the Pro Bono Initiative or appropriate Clinics (Civil, Criminal, Mediation). See Clinical Program Brochure for further information on live experiences and on clinic options.
7878 - 1Terrorism Sim. Design2016 FallThe Counterterrorism Simulation Design course provides a unique opportunity for students who have previously taken Global Perspectives on Counterterrorism to directly participate in creating simulations conducted in the Counterterrorism course. Students will research and write scenarios, facilitate student preparation for the simulation exercises conducted in the Counterterrorism course and lead simulation sessions. Scenarios address a wide-range of legal issues including constitutional law, criminal law, and international law. This graded course is two credits per semester (4 total credits for the year). A yearlong commitment is required. Prerequisite: Global Perspectives on Counterterrorism.
7829 - 1Innocence Law2016 FallThis course will cover post-conviction remedies, state and federal, including post-conviction motions and habeas corpus as well as judicial proceedings to prove actual innocence. Students will learn how to investigate cases of actual innocence using both forensic scientific evidence and other compelling evidence of innocence. The course will also provide students with a review of the criminal justice system from the innocence prospective.
7020 - 1Legislative Process2016 FallThis course involves the study of legislative process at the state and federal level with an emphasis on Utah state legislative process and issues. The course is divided into two components. First is the study of the current legal issues surrounding the legislative process, including: the initiative and referendum process, the single subject rule, redistricting, and theories of statutory interpretation. This part of the course will focus on current and recent events, e.g., the voucher controversy and the omnibus education bill, from the Utah legislature. This part of the class will be conducted through traditional lectures and will conclude with a mid-term exam at the end of the segment. The second component involves the formulation, drafting and enactment of legislation. The study of this second component will be done through role play where each student will draft legislation, present oral testimony in front of a legislative committee, and sponsor amendments to other students bills.
7869 - 1Adoption Law2016 FallThis course focuses on laws pertaining to the adoption of children and the current practice of adoption law. Topics typically covered include the history and evolution of legal adoption in the United States; constitutional jurisprudence surrounding the termination and relinquishment of parental rights; the evolution of "best interests of the child" standard in adoptive placement; the confidentiality of adoption records and the rise of "open adoption;" international adoption issues; and the intersection of adoption law and discrimination against prospective parents. This 2-credit course is graded.
7800 - 2Global Justice2016 FallAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7800 - 3Reproductive Rights & Justice2016 FallAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7800 - 4Renewable Energy2016 FallAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7800 - 5Current Issues Securities Law2016 FallAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7600 - 1Trusts & Estates2016 FallThis course explores the legal problems related to inter vivos and testamentary gratuitous transfers of wealth, including: intestate succession; wills and the construction of wills; will substitutes, including trusts, contracts, multiple party bank accounts, and gifts; restrictions on transfers of wealth aimed at protecting the family; class gifts; and probate and trust administration. Close attention will be paid to the Uniform Probate Code, and the policies they reflect.
7080 - 2Arbitration2016 FallThis course is intended for students that have an intense interest in criminal law issues. Students will engage in legal and interdisciplinary research on specific assigned topics of criminal law. Students will draft detailed memorandum analyzing and summarizing the results of this research. This class is not a seminar but may fulfill the substantial writing requirement with the permission of the instructor. Please contact instructor for details on this unique class.
7360 - 1Health Law2016 FallHealth Law provides an introduction to the broad array of legal principles involved in the delivery of health care today. Legal issues related to health policy, health care administration, and biomedical ethics will be included. Topics to be addressed include the physician-patient relationship; confidentiality; informed consent; medical error and apology; medical malpractice and tort reform; end of life issues such as withholding and withdrawing care; Good Samaritan laws; reproductive health issues, including contraception, abortion, and stem cell research; human subjects research; organ transplantation; and regulation of pharmaceuticals. Students have the opportunity to (but are not required to) also participate in the Health Law Clinic. See Clinical Program Descriptions for more information regarding Health Law Clinic.
7460 - 1Gambling & Gaming Law2016 FallCovers the breadth of an explosive and controversial industry intensively regulated at federal and state levels. Many doctrinal lines are crossed including admininstrative law, commerical law, criminal law, tribal sovereignty, tax, social regulation etc.
7625 - 1Middle Eastern Law2016 FallThe course will offer an overview of Islamic and Middle Eastern law, and will provide an occasion for students to participate in the elaboration of a Casebook in the field. It will cover the major legal subjects in the discipline with a focus on the modern period. In addition to a historical survey of sources and periods of ME law, topics include judicial review, constitutional law, obligations, commercial law, family law, human rights and criminal law.
7851 - 1Real Estate Trans/Finan2016 FallStandard residential and commercial real estate transactions, including consideration of brokerage arrangements, contracts of sale, methods of financing, methods of title protection and assurance, mortgage markets, construction loans, permanent financing, and mortgages and other devices for creating and enforcing security interests with respect to land.
7260 - 1Environmental Practice2016 FallThis course will evaluate in detail the practical, procedural and strategic aspects of the practice of environmental and natural resources law using readings and simulated exercises. The course will cover practice elements under the Clean air Act, the Clean Water Act, the Community Right-to-Know Act and CERCLA. Exercises will include client counseling, witness interviewing, drafting administrative and citizen suit complaints, summary judgment motions, settlement negotiations and rulemaking practice. PREREQUISITES: Either Environmental Law OR Natural Resources
7861 - 1White Collar Crime2016 FallThis course explores the law of economic and political crimes associated with the rubric " white collar crime. " Topics typically covered include: bribery, mail fraud, wire fraud, tax fraud, extortion, securities fraud, racketeering, and money laundering, along with quasi-criminal laws such as forfeiture of assets.
7910 - 1International Law2016 FallThis course is about how law has interacted with the development of America. What events, values, and movements shaped the American legal order? The greatest emphasis will be upon the nineteenth century. The materials will be secondary sources with some use of primary materials.
7061 - 1Bankruptcy2016 FallThis introductory course studies the U.S. Bankruptcy Code, including the law of preferences, fraudulent transfers, executory contracts, and the bankruptcy relief available under Chapters 7, 11, and 13 of the Code. Basic consumer and business bankruptcies are explained, and current issues in bankruptcy law are addressed.
7800 - 1Corp Citizenship & Human Rgts2016 FallAdvanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.
7080 - 3Trademark & Unfair Competition2016 FallThis course is intended for students that have an intense interest in criminal law issues. Students will engage in legal and interdisciplinary research on specific assigned topics of criminal law. Students will draft detailed memorandum analyzing and summarizing the results of this research. This class is not a seminar but may fulfill the substantial writing requirement with the permission of the instructor. Please contact instructor for details on this unique class.
7860 - 1Complex Civil Litigatn2016 FallThis advanced civil procedure course focuses on the problems of large multi-party and multi-forum civil cases. Coverage typically includes joinder, class actions; federal multi-district transfer and consolidation; litigation over the appropriate federal or state forum, discovery problems in large cases; ad hoc federal-state litigation coordination; judicial case management techniques and issues.
7080 - 4Employment Law2016 FallThis course is intended for students that have an intense interest in criminal law issues. Students will engage in legal and interdisciplinary research on specific assigned topics of criminal law. Students will draft detailed memorandum analyzing and summarizing the results of this research. This class is not a seminar but may fulfill the substantial writing requirement with the permission of the instructor. Please contact instructor for details on this unique class.
7761 - 1Criminal Penalties2016 FallThis course will examine the rules that govern the determination and administration of criminal sentences. More specifically, we will consider 1) sentencing procedures, which govern the choice of the penalty for an individual offender; 2) sentencing policies, which shape legislative choices of penalties; and 3) the administration of prison sentences. Within these three broad areas, we will examine specific topics such as federal and state sentencing guideline systems, the choice between incarceration and other forms of criminal sanction, prisoners' rights, and the extent to which the Constitution restricts sentencing choices.
7080 - 5Supreme Court Practice2016 FallThis course is intended for students that have an intense interest in criminal law issues. Students will engage in legal and interdisciplinary research on specific assigned topics of criminal law. Students will draft detailed memorandum analyzing and summarizing the results of this research. This class is not a seminar but may fulfill the substantial writing requirement with the permission of the instructor. Please contact instructor for details on this unique class.
7838 - 1Conflict Management2016 FallThis course will survey approaches to handling conflict - from the dispute resolution processes used most frequently in the American judicial system (negotiation, mediation, arbitration and litigation) to a variety of conflict prevention and management strategies used in both civil and criminal contexts (e.g., collaborative problem-solving, collaborative law, preventive law, legal conflict audits, community-based decision-making, and restorative justice). Students will study the wide array of conflict management approaches available to practicing attorneys. Through readings, exercises and a final paper (an actual conflict audit), students will develop the ability to analyze conflict situations in light of preferred decision-making authority and endpoints, and will be able to identify and evaluate the success of possible dispute management strategies.
7874 - 1Ocean and Coastal Law2016 FallThis course explores laws and policies that affect decisions on United States ocean and coastal resources. We examine statutes, regulations, attitudes, and cases that shape how the use, manage, and protect the coasts and oceans. Class discussion typically covers the interrelationship of habitat, wildlife, and land use, as well as issues concerning jurisdictional conflicts.
7700 - 1Land Use Control2016 FallPrepares students to represent private and public clients with respect to the development of real estate. The course examines public land use controls such as zoning and subdivision regulations, and private land use controls such as restrictive covenants and nuisance litigation that may limit the available options for deriving profit or pleasure from real property. This course is a companion to the Real Estate Transfer & Finance Course.
7003 - 1Conflict of Laws2016 FallJurisdiction, judgments, and choice of law are the subjects of the course. Through Socratic dialogue classes provide exercise in the application of theory to facts, and in the careful analysis of cases.
7897 - 1Intellectual Prop Trans2016 FallThis course will explore substantive law and legal practice concerning a range of commercial and business transactions involving intellectual property. Topics that may be covered include employer-employee rights in IP; university technology transfer; literary, music, television, film and multimedia licensing; domestic and international product distribution, marketing and franchising; patent pools and technical standards; software development and licensing; IP due diligence in business transactions; bankruptcy treatment of intellectual property; securitization and collateralization of IP; and competition and antitrust issues arising from intellectual property exploitation. It is recommended that all students have a basic understanding of the basic doctrines of IP law, either through an IP survey course or one or more of either Patent Law, Copyright or Trademark.
7899 - 1Applied Legal Writing2016 FallApplied Legal Writing builds on skills learned in a first-year legal writing course and provides students with significant experience researching and writing persuasive legal documents. Assignments are designed to improve students' ability to engage in legal research, complex legal analysis, and persuasive argument. The class also addresses critical writing skills such as structure, organization, grammar, word choice, and proper citation form.
7903 - 1Tax Practice I2016 FallStudents learn the anatomy of a tax controversy of an individual with the IRS, including the typical controversies that may arise, how they may be resolved through negotiation and offers in compromise, and how these disputes may be litigated before the U.S. Tax Court. Class involves lecture, practical exercises, and opportunities to reflect upon clinic experiences.
7080 - 6Pre-Trial Practice2016 FallThis course is intended for students that have an intense interest in criminal law issues. Students will engage in legal and interdisciplinary research on specific assigned topics of criminal law. Students will draft detailed memorandum analyzing and summarizing the results of this research. This class is not a seminar but may fulfill the substantial writing requirement with the permission of the instructor. Please contact instructor for details on this unique class.
7920 - 1Lawyering Skills Survey2016 SummerThe basic lawyering skills of interviewing, counseling, negotiating and problem-solving will be taught using videotaped demonstrations, role-playing exercises, students videotaped performances, discussions and reflective writing. During the academic year students should arrange to observe/engage in these lawyering skills in actual practice in order to reflect upon them. Such opportunities can be obtained through paid clerkships, the Pro Bono Initiative or appropriate Clinics (Civil, Criminal, Mediation). See Clinical Program Brochure for further information on live experiences and on clinic options.
7570 - 1Drafting: Contracts2016 SummerThis course will provide students with an introduction to the basics of drafting contracts, including multiple drafting exercises.
7842 - 1Take/Defend Depositions2016 SummerWith only a small percentage of cases actually going to trial, the real battleground for most litigation is the deposition. Depositions can make or break a client?s case and knowing how to effectively take and defend depositions is key to a successful litigation strategy. Deposition testimony often plays a pivotal role in determining motions for summary judgment and in settlement. This is a practical skills course and students will learn the basics of taking and defending the depositions of lay witnesses, Rule 30(b)(6) corporate representatives and expert witnesses. Through lecture, classroom demonstrations and mock deposition exercises, students will learn the procedural rules governing depositions, various examination techniques, how to handle documents, how to assert and respond to objections, how to prepare a deponent and the ethical issues surrounding depositions. The mock deposition exercise will be conducted by experienced lawyers.
7841 - 1Prep & Exam Witnesses2016 SummerOpening statements and closing arguments are seen as the trial lawyer's stock in trade, but trials are won and lost on the witness stand. This course will focus on the preparation, handling and presentation of the witness at trial. The class will emphasize the importance of pre-trial preparation before both direct and cross-examination, and the execution of those skills. We will also deal with witnesses who need specific preparation, handling, and presentation, such as experts, child victims of violent or sex-related crimes, witnesses who are mentally or emotionally disabled, and witnesses who must testify through the use of an interpreter. The format of the class will be a lecture on the use and presentation of a particular classification of witness, a demonstration of a direct and/or cross-examination of that class of witness, and hands-on participation in the examinations of the witness by students. This 2-credit course is graded.
7940 - 1Judicial Process2016 SummerProvides an opportunity for students to place their judicial clinic experiences in a broader context, and to explore their insights about courts in greater depth. The class looks at how judges make decisions by considering legal philosophy, brought to bear upon statutory, common law and constitutional interpretation. The course focuses on how judges are selected and how process affects decision-making. The course also considers how courts operate and current issues about the adversary process. PRE- OR CO- REQUISITE: Law 7950 Judicial Clinic Placement
7080 - 1Advanced Issues in Crim Law2016 SummerThis course is intended for students that have an intense interest in criminal law issues. Students will engage in legal and interdisciplinary research on specific assigned topics of criminal law. Students will draft detailed memorandum analyzing and summarizing the results of this research. This class is not a seminar but may fulfill the substantial writing requirement with the permission of the instructor. Please contact instructor for details on this unique class.
7030 - 1Criminal Procedure2016 SummerIntroduction to constitutional criminal procedure. This course surveys the basic limitations on the detection and investigation of crimes, with special emphasis on the constitutional rights of criminal defendants. Topics to be covered include the incorporation doctrine, the right to counsel, search and seizure law, police interrogation and confessions, and the use of illegally obtained evidence.
7891 - 1Tech & Modern Litigtn2016 SummerThis skills-centered course will focus on the impact of technology on all aspects of litigation from service of process through discovery through trial. Key topics of the course include: e-discovery; the preservation, collection, and production of electronically stored information; modern discovery tools; trial presentation technologies; and the strategic and ethical considerations raised by technology in litigation.
7410 - 1Constitutional Law II2016 SummerIndividual rights in constitutional law. Topics include equal protection and freedom of expression and religion. This course is required for graduation and must be taken in the second year.