Following is an alphabetical listing of courses currently offered at the Law School preceded by course numbers. A brief description of the course follows in Part II.
PART I -- COURSE LISTING (ALPHA ORDER)
888 Accounting Problems for Lawyers
800 Administrative Law
825 Adoption Law
946 Advanced Bar Studies
791 Advanced Criminal Procedure
860 Advanced Individual Income Tax Problems
923 Advanced Trial Advocacy Practicum
785 Agricultural Law
779 Air Pollution Law and Policy
836 Amateur Sports, Law of
906 An Examination of Conflict and Designing of Dispute Resolution Processes
808 Antitrust Law and Trade Regulation
924 Appellate Advocacy Practicum
709 Banking Law
828 Baseball and the Law
820 Bioethics and Law
700 Business Associations I
701 Business Associations II
716 Business Bankruptcy
903 Business Negotiation
930 Business Planning Practicum
893 Charitable Giving
756 Children, Families and the State
661 Civil Procedure: Jurisdiction
660 Civil Procedure: Rules
815 Civil Rights
960 Comparative Law
706 Comparative Corporate Law
846 Complex Litigation
721 Computer Law
842 Conflicts of Law
891 Consolidated Returns
650 Constitutional Law I
651 Constitutional Law II
845 Constitutional Litigation
714 Consumer Bankruptcy
715 Consumer Law
600 Contracts I
601 Contracts II
774 Copyright Law
703 Corporate Counsel
705 Corporate Finance
855 Corporate Taxation
640 Criminal Law
790 Criminal Procedure
750 Decedents’ Estates
902 Dispute Resolution
911 Divorce Mediation
928 Drafting for Estate Planning
833 Election Law
900 E-Legal Research
817 Employment Discrimination
811 Employment Law
783 Energy Law
780 Environmental Law
938 Environmental Law Practicum
850 Estate and Gift Taxation
752 Estates and Trusts
670 Evidence
879 Executive Compensation
944 Externship
755 Family Law
840 Federal Courts
680 Federal Personal Income Tax
858 Introduction to Tax Procedure
841 Forensic Evidence
905 General Arbitration
940 General Litigation Clinic
926 General Practice Practicum
781 Hazardous Waste Law and Policy
913 Health Care and Dispute Resolution
822 Health Law
807 Higher Education Law
830 Immigration and Naturalization
872 Income Taxation of Trusts and Estates
982 Independent Research Project
720 Insurance Law
898 Insurance Taxation
770 Intellectual Property
965 International Law
966 International Sales
880 International Taxation I
881 International Taxation II
908 Interviewing and Counseling Practicum
994 Jessup International Law Moot Court
843 Judging and the Nature of Justice
950 Jurisprudence
795 Juvenile Law
813 Labor Arbitration
810 Labor Law
760 Land Use Controls
834 Law and Economics
956 Law and American History
952 Law and Literature
829 Law and Social Science
986 Law Review I
987 Law Review II
634 Legal Analysis
633 Legal Drafting Practicum
955 Legal History
630 Legal Research and Writing I
631 Legal Research and Writing II
632 Legal Research and Writing III
802 Legislation
868 Limited Liability Companies
804 Local Government Law
910 Mediation
941 Mediation Clinic
730 Medical Liability
996 Mock Trial Team
990 National Moot Court Team
904 Negotiation
847 Ohio Civil Rules
958 Origins of Western Law: Greece and Rome
856 Partnership Tax
772 Patent Law
711 Payment Systems
848 Pre-Trial & Motions Practice: Creationism & the Law
796 Problems of Criminal Justice
732 Products Liability
690 Professional Responsibility
835 Professional Sports, Law of
620 Property I
621 Property II
821 Public Health Law
878 Qualified Retirement Plans
762 Real Estate Finance
896 Real Estate Taxation
920 Regulation of the Transnational Practice of Law
844 Remedies
980 Research Seminar
877 Sales and Excise Tax
806 School Law
710 Secured Transactions
704 Securities Regulation
980 Seminars
981 Seminars
826 Sexual Orientation and the Law
853 State and Local Taxation
865 Subchapter S Corporations and Advance Pass-Through Entities
876 Tax and Professional Responsibility
890 Tax Exempt Organizations
874 Tax Controversies
862 Tax Research and Communication I
863 Tax Research and Communication II
854 Taxation of Business Entities
892 Timing Problems
610 Torts I
611 Torts II
922 Trial Advocacy Practicum
751 Trusts and Future Interests
776 Unfair Trade Practices
778 Water Pollution Law and Policy
951 Women and the Law
734 Workers’ and Unemployment Compensation
PART II - DESCRIPTIONS
A. REQUIRED COURSES
600 AND 601 CONTRACTS I AND II (3 credits each): The enforceability of agreements and promises under the common law and applicable statutes with an emphasis on Article 2 of the Uniform Commercial Code regarding contracts for the sale of goods. Specific topics include consideration and promissory estoppel, formation of agreements, the Statute of Frauds, policing agreements, remedies for breach, performance and conditions, excuse, rights of third parties, assignment and delegation.
610 AND 611 TORTS I AND II (3 credits fall, 2 credits spring): Intentional torts to persons and property, and defenses; negligence and defenses; traditional strict liability; products liability and defenses.
620 AND 621 PROPERTY I AND II (3 credits fall, 2 credits spring): Concept of possession and remedies of a possessor, gifts, good faith purchasers, estates in land, co-ownership, basic future interests, landlord-tenant problems, conveyancing, recording acts, covenants, and easements.
630, 631, AND 632 LEGAL RESEARCH and WRITING I, II and III (4 credits total): Instruction in legal analysis, research tools, and writing techniques. Students are required to write predictive and persuasive documents typically encountered in the profession. Day students enroll for 2 credit hours in both the fall and spring semesters, and evening students enroll for 1 credit hour in the fall, 2 credit hours in the spring, and 1 credit hour in the summer. Students must complete all 4 credits before receiving credit.
633 LEGAL DRAFTING PRACTICUM (2 credits): Legal Drafting is a requirement for graduation and is designed to give students practical experience drafting documents that they did not draft in the first-year Legal Research and Writing course and that they likely will encounter in the practice of law. As described below, each section of Legal Drafting has a different focus and the assignments are tailored to the focus. All sections of Legal Drafting include instruction on the Multistate Performance Test portion of the Bar exam, and in all sections students work individually and in small groups to enhance their writing skills. Enrollment is limited to 25 students in each section of this two-credit course.
633A: Transactional (Prof. Snapp) Professor Snapp’s section will focus on transactional drafting. Students will be engaged in the process of negotiating and drafting contracts.
633B: Criminal (Prof. Anderson) Professor Anderson will teach students legal drafting in the criminal context. Students will draft an indictment, a bill of particulars, a motion to suppress evidence, and a guilty plea
633C and M: General (Profs. Lazaroff and Brown) Professors Lazaroff (day) and Brown (evening) will teach legal drafting in the civil litigation context. Students will draft a complaint and answer, a discovery document, and a will, among other documents.
634 LEGAL ANALYSIS (1 credit): This course will focus on legal analysis and legal writing skills and is designed to help law students develop these skills. This course is required for all second-year students who have cumulative grade point average of 2.5 or below after their first year of law school (whether day or evening). This course will be graded as Satisfactory/Unsatisfactory (U/F).
640 CRIMINAL LAW (3 credits): Nature and sources of criminal liability; mental conditions requisite to criminal responsibility; specific crimes and defenses under both the common law and modern statutes.
650 AND 651 CONSTITUTIONAL LAW I AND II (3 credits each): First semester: Constitutional Law I discusses the structure of the legal system including separation of powers and federalism issues. Topics include, but are not limited to, the powers of Congress, the powers of the federal judiciary, the powers of the President, and the powers reserved to the states. Second semester: Constitutional Law II discusses various individual rights. Topics include, but are not limited to, equal protection, freedom of expression, and freedom of religion.
660 CIVIL PROCEDURE: RULES (3 credits): Federal Rules of Civil Procedure, including pleading, motions to dismiss, sanctions, discovery, motions for summary judgment, joinder of claims and parties, judgment as a matter of law during and after trial, dismissals, relief from judgment, res judicata and collateral estoppel, and appeals.
661 CIVIL PROCEDURE: JURISDICTION (3 credits): Personal jurisdiction, subject matter jurisdiction, venue, service of process, removal to federal court and choice of law in federal courts.
670 EVIDENCE (4 credits): Major topics in the law of evidence, including competency of witnesses, credibility and impeachment, opinion evidence, character and reputation, evidence of other crimes, hearsay evidence, the Best Evidence Rule, and authentication of evidence. Prerequisites: 600, 601, 610, 611, 620, 621, 630, 631, 632 (evening students only), 640
680 FEDERAL PERSONAL INCOME TAX (3 credits): Taxation of income; realization; recognition; timing; sales; dispositions of property and capital gains; personal and business-related deductions; exemptions; credits; and tax procedure. Prerequisites: 600, 601, 610, 611, 620, 621, 630, 631, 632 (evening students only), 640
690 PROFESSIONAL RESPONSIBILITY (2 credits): The legal profession as an institution; the development of a sense of professional responsibility; an introduction to lawyer disciplinary rules and procedures; the acquaintance of the young lawyer with the privileges and responsibilities of a member of the profession. Students must complete 50 credit hours before enrolling in this course.
B. ELECTIVE COURSES
All elective courses require the competition of first-year day courses for full-time students and part-time day students and first and second year evening courses for evening students. Additional prerequisites are listed with the course description.
BUSINESS AND COMMERCIAL
700 and 701 BUSINESS ASSOCIATIONS I AND II (3 credits each): Principles relating to the formation, governance, and dissolution of unincorporated (partnerships, limited partnerships, limited liability companies, etc.) and incorporated (closely and publicly held) associations, including the allocation of risk and liability, control, fiduciary obligations, and distribution of profits. Agency relationships (employer/employee, master/servant, principal/agent, and independent contractors) and principles of vicarious liability. Issues relating to the anti-fraud provisions of the Securities Exchange Act of 1934 (insider and short-swing trading in securities). These are considered 2nd year day and 3rd year evening courses. Preference in registration will be given to those students respectively.
703 CORPORATE COUNSEL (3 credits) This course will identify the multiple roles that often comprise the position of corporate counsel, thus distinguishing it from others in the legal profession. The course focuses mostly on problem solving from within the corporate counsel’s multiple roles. Students will consider the role of corporate counsel in implementing, guiding and overseeing the many issues covered in substantive law areas, including a look at ethics and professionalism. Prerequisites: 700, 701 Co-requisites; 670
704 SECURITIES REGULATION (3 credits): A survey of basic principles of federal and state securities laws with primary emphasis on federal securities laws, including registration requirements for public offerings and exemptions from registration under the Securities Act of 1933, civil and criminal liabilities, registration and reporting under the Securities Exchange Act of 1934, Sarbanes-Oxley Act of 2002, proxy regulation, tender offer regulation, insider trading, fraud and related issues under Rule 10b-5 and the role of securities Prerequisites: 700, 701.
705 CORPORATE FINANCE (3 credits): A survey of issues and principles relating to the acquisition, accumulation and distribution of capital resources. Examination of concepts of valuation and capital structure, legal capital, classes of securities, corporate distributions, mergers, purchases of assets or stock, recapitalizations, and applicability of Federal securities and tax laws. Considerations of economic, social and political thought as they relate to corporate finance. Prerequisites: 700, 701.
706 COMPARATIVE CORPORATE LAW (3 credits): Students will consider corporate governance issues in the United States, European Union, China and Japan. Students will be asked to evaluate different approaches to issues involving formation, operation and dissolution of business entities within the general political, cultural and historical context of the country or countries being considered. The student should come to appreciate in particular the complexities of American corporate entities organized and/or operating in foreign countries.
709 BANKING LAW (3 credits): An examination of the American Banking System, its main institutions, and the laws governing it. The course explores the Federal Reserve System, Bank Holding Company Act, Federal Deposit Insurance Corporation and the structure of regulations of banking institutions, and includes analysis of commercial banks, savings banks, and credit unions, along with branch banking and bank mergers and acquisitions. The course emphasizes the business of commercial banking and includes study of business lending, lending limits, letters of credit, bankers acceptances, real estate lending and bank ownership, asset-based lending, and nonperforming loans. The course includes a discussion of troubled banks, focusing on the Financial Institution Reform Recovery and Enforcement Act, creditors and debtors of failed institutions, and FDIC assistance to failed banks. Prerequisites: 700, 710
710 SECURED TRANSACTIONS (3 credits): Regulation of secured and unsecured credit transactions, with emphasis on Article 9 of the Uniform Commercial Code.
711 PAYMENT SYSTEMS (3 credits): Review of the most important concepts of sales of goods and personal property; the law of negotiable instruments and commercial paper, including bank relations and electronic fund transfers; introduction to documentary sales and letters of credit; bulk transfers. Emphasis on the Uniform Commercial Code.
714 CONSUMER BANKRUPTCY (3 credits): State collection law and bankruptcy law in cases involving consumer debtors. Prerequisites: 710.
715 CONSUMER LAW (2 credits): Legislatures' efforts to protect individuals when in the marketplace for goods and services that are primarily for personal, family, or household use. An examination of federal and Ohio statutes.
716 BUSINESS BANKRUPTCY (3 credits): Deals primarily with the reorganization of financially distressed businesses under Chapter 11 of the United States Bankruptcy Code. Includes eligibility for bankruptcy relief, involuntary bankruptcy, the scope of the debtor’s bankruptcy estate; the automatic stay, control and operation of the debtor while the case is pending, avoiding powers (preferences, fraudulent conveyances, executory contracts, statutory liens), reorganization plans and post-confirmation issues. May include material on rehabilitation of individual business debtors and Family Farmers under Chapters 13 and 12 and state law receiverships. Prerequisites: 710
720 INSURANCE LAW (3 credits): An exploration of problems arising in insurance transactions: the application for and issue or rejection of a policy, the requirement for an insurable interest, valuation of a loss, multiple policies covering one loss, termination, coverage determinations, and the claims process. An emphasis on the relationship between the insurer and insured, and on the public interest in compensation for loss.
721 COMPUTER LAW (2 credits): A study of law as it pertains to computers and information technology, including issues in torts (computer fraud), contracts and commercial law (licensing and other agreements), criminal law (computer viruses, theft, and other forms of computer crime), civil procedure and evidence (use of computers during discovery and at trial), intellectual property (protection through copyright, patent, trade secret, and trademark), and international transactions.
TORTS
730 MEDICAL LIABILITY (3 credits): Comprehensive examination of various causes of action against individual health care providers, hospitals and managed care organizations resulting in personal injury. Emphasis is on tort based negligence with additional coverage of actions premised on contractual or statutory violations. Also includes sections on professional liability insurance and tort reform. Prerequisites: 610, 611.
732 PRODUCTS LIABILITY (3 credits): Course contains an overview of the concept of defectiveness in products; relationship of courses of action, parties, and choice of remedies; problems of proof and defenses; policy implications, controversies, and trends in products liability law.
734 WORKERS' AND UNEMPLOYMENT COMPENSATION (2 credits): Study of the prevention and compensation of workers' disability and unemployment.
PROPERTY
750 DECEDENTS' ESTATES (2 credits): Issues relevant to transfers through a probate estate, both testate and intestate. Advancements, assignments of expectancies, disclaimers, protection of spouse from disinheritance, execution and revocation of wills, will contests, contracts to make wills, changes in property between execution of will and death of testator, lapse, and overview of estate administration. Not open to students who have taken 752.
751 TRUSTS AND FUTURE INTERESTS (2 or 3 credits): Creation of trusts; elements, including subject matter, trustee, and beneficiaries; transfer of beneficiaries' interests; spendthrift and other protective devices; termination and modification; administration, emphasizing duties and liabilities of trustee; resulting and constructive trusts; charitable trusts; future interests; rule against perpetuities. When course is taught for 3 credits, coverage also will include POD accounts, powers of appointment, and an overview of the tax system as it relates to wealth transfers. Not open to students who have taken 752.
752 ESTATES AND TRUSTS (4 credits): A survey of the law relevant to the transfer of property from one generation to another, both inside and outside the probate system. This course will integrate much of the material covered separately in 750 and 751. See those course descriptions. Not open to students who have taken 750 or 751.
755 FAMILY LAW (3 credits): Marriage; divorce; annulments; related problems of jurisdiction and conflicts of law; alimony; custody; antenuptial and separation agreements; tort and contract problems of the family; adoption; paternity; divorce reform legislation. Co-requisite: 651.
756 CHILDREN, FAMILIES AND THE STATE (3 credits): This course examines the legal relationships among children, parents, and the State, primarily in the context of the issue of child abuse and neglect. The course content will include the historical background of child welfare law, the allocation of power between parents and the State, parental discipline and corporal punishment, reporting of abuse and the historical development of reporting laws, the abuse and neglect legal system and the decision-making process involved in removing a child from his or her parent’s custody, and the foster care system. In examining these issues, this course will address various theoretical perspectives, including feminist legal theories and critical race theory.
760 LAND USE CONTROLS (3 credits): Analysis of the legal and administrative aspects of the regulation of land use and development; constitutional limitations on government regulation of land uses; problems and techniques of land use planning at the local, regional, state, and national levels. Particular attention is given to zoning, subdivision controls, public acquisition of land, housing and urban renewal, aesthetic regulations, environmental issues, and historic preservation.
762 REAL ESTATE FINANCE (3 credits): Mortgages; deeds of trust; land contracts; sale and leasebacks; joint ventures; Federal aid to housing and other topics viewed in transactional settings; financing of residences, condominiums, cooperatives, office structures, shopping centers, subdivisions, and farms; introduction to interstate land sales, zoning, and title issues. Co-requisite: 700.
770 INTELLECTUAL PROPERTY (3 credits): Introduction to intellectual property; background for general practice and a foundation for specialization in patents, trademarks, and copyrights; principles applicable to inventions and discoveries; secrecy as a means of protection; industrial espionage; the nature of the patent right, its acquisition, and enforcement; property and contract interests; basic requirements for trademark registration; relation of copyright to patents; trademarks. Prerequisites: first year day courses. Not open to students who have completed more than one of the following: 772, 774, 776.
772 PATENT LAW (3 credits): Conditions for a valid patent, subject matter of a patent, patent office procedures, amendment and correction of patents, patent infringement, property and contract interests in patents, and patent litigation.
774 COPYRIGHT LAW (3 credits): A study of intellectual property rights in literary, musical, and artistic works and other "original works of authorship" under the federal law of copyright, primarily the Copyright Act of 1976, as amended.
776 UNFAIR TRADE PRACTICES (2 credits): The course consolidates diverse theories and causes of action relating to various kinds of "business torts." It covers both trade identity unfair competition law and the law of unfair trade practices, including discriminatory pricing, other predatory practices, and regulation of false and deceptive advertising. The major unifying theme is the study of private actions available for damages to business firms as alternatives to government-initiated remedies in antitrust, trade regulation, and consumer protection.
778 WATER POLLUTION LAW AND POLICY (2 credits): This course will begin by exploring the problem of water pollution in the United States including a survey of the various water pollutants and their harmful effects on human health and the environment. It will then look at the scope o the federal government’s authority to regulate in this area as it has been interpreted by Congress of, the courts and federal agencies. The course will then turn to an in-dept examination of the federal Clean Water Act and of the various regulatory programs established under it. The focus will be on the National Pollutant Discharge Elimination System (NPDES), permitting program, pursuant to which many industrial facilities are regulated. The course will also consider the Dredge and Fill program and associated wetlands protection issues, as well as current efforts to increase the regulation of Anon-points sources. Prerequisites: 780.
779 AIR POLLUTION LAW AND POLICY (2 credits): The Clean Air Act is one of the most significant areas of environmental law; it is also one of the most complex. This course will offer students a comprehensive introduction to the Act and to the legal and policy issues that arise under the Act. It will begin with an introduction to the National Ambient Air Quality Standards and State Implementation Plans, the building blocks of the Clean Air Act. It will then examine in some detail the Act’s major regulatory programs (the Prevention of Significant Deterioration program, the Non-attainment New Source Review program, the New source Performance Standard program, and the Hazardous Air Pollutants program), as well as the Act’s enforcement and judicial review provisions. In this context, issues of federalism, market-based approaches to regulation, and environmental justice will be addressed. The course will conclude with an introduction to international air pollution issues, with a focus on global warming. Prerequisites: 780
780 ENVIRONMENTAL LAW (3 credits): Federal statutes and regulations governing air pollution, water pollution, and hazardous wastes, including Clean Air Act, Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and Resource Conservation and Recovery Act.
781 HAZARDOUS WASTE LAW AND POLICY (2 credits) This course will focus on two major federal environmental statutes: the Comprehensive Environmental Response, Compensation and Liability Act (otherwise know as the ASuperfund@law), and the Resource Conservation and Recovery Act. CERCLA establishes liability for past disposal of hazardous substances, while RCPA regulates the present and future handling of hazardous wastes. The course will begin with an introduction to the problem of hazardous waste, including a discussion of its effects on human health and the environment. It will then examine RCRA’s Cradle-to-grave regulation of hazardous waste, from its generation, to it transportation, to its eventual disposal. Related issues of administrative process, judicial review of agency action, government enforcement and citizen suits will also be addressed. The course will next explore in detail CERCLA cleanup process, liability scheme, including such contemporary issues as the liability of successor and parent corporations, lenders, and individual corporate officers and shareholders. Finally, the course will address defenses to CERCLA liability and the settlement of CERCLA liability suits. Prerequisites: 780.
783 ENERGY LAW (2 credits): An overview of the basic principles governing the production, sale, and use of coal, oil, natural gas, and electricity. Equal focus on the environmental and business laws that affect producers and consumers of energy.
785 AGRICULTURAL LAW (3 credits): Selected materials involving legal aspects of farming, including special property, contract and tax problems; government control, subsidy, and financing of agricultural enterprises.
CRIMINAL LAW AND PROCEDURE
790 CRIMINAL PROCEDURE (3 credits): Criminal process and enforcement; jurisdiction and venue; limits on investigation and prosecution; rules of arrest, search, interrogation, wiretapping, and eavesdropping; prosecution and defense of criminal trials; rights of defendants; sentencing; post-conviction remedies.
791 ADVANCED CRIMINAL PROCEDURE (3 credits): Focuses on trial and appeal: severance, speedy trial, discovery, guilty pleas, jury selection, pretrial publicity, double jeopardy, appeals, and habeas corpus. Prerequisite: 790.
795 JUVENILE LAW (2 credits): This course examines the legal relationships among children, family and the state, primarily in the context of issues over which juvenile courts traditionally have jurisdiction. The subject matter is divided into two sections, the first dealing with the constitutional and statutory rights of juveniles, [focusing on those rights which are] involved in the criminal justice system and the second focusing on civil matters including neglect, abuse, termination of parental rights, adoption, and children's right to treatment issues.
796 PROBLEMS OF CRIMINAL JUSTICE (2 credits): This course will explore a wide range of contemporary issues in criminal justice, including prosecutorial ethics, the proper role of informants in criminal prosecutions, proportionality in sentencing, and the intersection of civil and criminal enforcement. Students will read and discuss materials offering a range of perspectives on these topics and others.
PUBLIC LAW
800 ADMINISTRATIVE LAW (3 credits): Delegation of powers; statutory and constitutional controls in administrative proceedings; right to notice and hearing; adequacy of findings; procedure for obtaining judicial review; extent of judicial review.
802 LEGISLATION (3 credits): Consideration of how legislatures are formed and legislators elected; the making of statutory law; how statutes are drafted, enacted, applied, and interpreted.
804 LOCAL GOVERNMENT LAW (3 credits): The relationship of local governmental entities to other communities, to the state government, and to the federal government. The source of power for local governmental units, the reasons and legal bases for including and excluding citizens from the community, and how conflicts are resolved. Various theories of local government law such as public choice and communitarianism.
806 SCHOOL LAW (2 credits): Rights and liabilities of school board, administrators, teachers, and students; emphasis on public primary and secondary education. Prerequisites: 651.
807 HIGHER EDUCATION LAW (3 credits) This course will focus on law related to issues in higher education, including such topics as the nature and establishment of colleges and universities (hereinafter “colleges”), the relationship of colleges to local, state and federal governments, internal and external governance issues, relationship to educational associations, and college constituent groups (faculty, administrators, and students). Prerequisites: 651
808 ANTITRUST LAW AND TRADE REGULATION (3 credits): Competitors' and monopolists' behavior under federal and state antitrust laws; anti-competitive behavior such as price-fixing, allocation of markets, tying arrangements, refusals to deal; attempts to monopolize; mergers; pro-competitive behavior..
810 LABOR LAW (3 credits): Analysis of the relationship between employers, employees and unions in the private sector under the National Labor Relations Act and other federal statutes. Topics include union organizing, employer and employee bargaining relations, representation procedures, strikes and picketing, unfair labor practices, the duty of fair representation, internal union affairs, and the enforcement of collective bargaining agreements.
811 EMPLOYMENT LAW (3 credits): Focuses on employment relationships between employers and employees. Examines the common law principles of employment-at-will, legal regulations on hiring and terminating employees, and conditions of employment. Specific topics include polygraph testing, nepotism, violence in the workplace, covenants not to compete, reference checks, and off-work behavior. Also covers the Family Medical Leave Act, Fair Labor Standards Act, Occupational Health and Safety Act, and various state laws.
813 LABOR ARBITRATION (2 credits): The origin and development of labor arbitration. Examines state and federal labor arbitration laws, arbitration rules, and major arbitration decisions. Also includes the mechanics of the arbitration process and evidential and due process issues. This course usually concludes with a mock arbitration hearing, including the writing of a brief for arbitration and an arbitration opinion.
815 CIVIL RIGHTS (3 credits): A survey of federal legislative protection of individual rights regarding discrimination in education, housing, public accommodations, voting, and contractual relations. Primary attention will be given to civil remedies provided by 42 U.S.C. sec. 1981 and 1983 and other federal laws and regulations. Specific topics include judicial and prosecutorial immunity, affirmative action in the public sector, the Fair Housing Act, Voting Rights Act, and discrimination in federally-assisted programs. Prerequisites: 651.
817 EMPLOYMENT DISCRIMINATION (3 credits): A survey of federal laws prohibiting discrimination in employment on the basis of race, national origin, sex, age, religion, and disability. Focuses on Title VII of the Civil Rights Act of 1964, Americans with Disabilities Act, Age Discrimination in Employment Act, Equal Pay Act, and reconstruction era civil rights statutes. Prerequisites: 651.
820 BIOETHICS AND LAW (3 credits): Analysis of legal, ethical, and economic problems generated by current and projected advances in biomedical technologies; mind/behavior control by psychotropic intervention with organic therapies; genetic control through molecular biology and reproductive technology; life prolongation; reconstructive medicine and termination of life; regulation and support of biomedical research and experimentation. Co-requisite: 651.
821 PUBLIC HEALTH LAW (2 credits): This course will focus on efforts to use regulation, litigation and taxation to improve public health, with a particular focus on the tension between public health promotion and individual rights. It will survey the legal framework in which the government may regulate for the public health, focusing on the inherent tension between public health regulation and individual rights. The course will touch briefly on a wide range of constitutional limitations on government power (including 1st, 2nd, 4th, and 5th/14th Amendment issues) as well as the broader debate over whether government power should be used for “paternalistic” regulation. It will review litigation in the public health arena, including a discussion of whether courts are an appropriate and effective forum for addressing public health concerns. Finally, the course will touch on taxation for the public health, addressing the impact of “sin” taxes and the debate about whether the government’s taxation power should be used to influence behavior.
822 HEALTH LAW (3 credits): An analysis of the health care industry, its financing and cost problems, its mix of public and private decision-making, and the various mechanisms by which resources are or might be allocated to health care uses. Specific topics include: 1) tensions of health policy--the health care sector and its special problems; access to health care-legal entitlements and obligations; professionalism; 2) mechanisms of quality assurance--credentialing and regulation of health care personnel; the quality of care in institutions; 3) controlling health care costs--regulatory approaches to cost containment; cost controls in government programs; privately initiated reforms.
825 ADOPTION LAW (2 credits): This course will explore issues relating to adoption law. The course content will include the historical background of the American law of adoption, adoption procedure, parental consent to adoption, termination of parental rights, choosing an adoptive family, the Indian Child Welfare Act, race and sexual orientation issues in adoption, interstate dimensions of adoption, and wrongful adoption.
826 SEXUAL ORIENTATION AND THE LAW (2 Credits): This course will examine a variety of areas in which the law distinguishes on the basis of sexual orientation including criminal law, family law, employment law and constitutional law. The jurisprudence in a variety of areas of law will be examined to see how that jurisprudence has 9or has not) been modified in light of sexual orientation. Co-requisite: 651.
828 BASEBALL AND THE LAW (2 credits): This course will use a popular culture topic (baseball) to demonstrate the law’s extensive influence upon that popular cultural institution. Materials and discussion will primarily focus on the interrelationship between law and professional baseball with some references to minor league, college, and little league or pick-up softball games. Areas of law to be discussed include antitrust, contracts, torts, intellectual property, labor law, tax, eminent domain, gender equity, criminal (drug and gambling), immigration, arbitration, workers’ compensation, and the power of the commissioner. Course materials will be drawn from decided legal cases, law review articles, and various books relevant to the topic.
829 LAW AND SOCIAL SCIENCE (2 credits): The primary purpose of this course is to introduce students to basic social science methods so that they can evaluate critically the increasing number of law-related studies using these methods. The course does not attempt to train students to conduct their own empirical studies, but rather to become critical consumers of studies prepared by others. During the last few weeks of the semester, the course also examines the use of social science in several legal contexts. Students need no background in social science research or statistics to take this course; the course starts with the basic concepts. On the other hand, students with some training in social science or statistical are also welcome to take the course; the course materials build upon that previous training by integrating law and social science.
830 IMMIGRATION AND NATURALIZATION (2 credits): A basic introduction to immigration law and procedure. The course traces major legislative history and immigration policy.
833 ELECTION LAW (3 credits): History and contemporary issues growing out of the regulation of elections and campaigns, including campaign finance laws. Topics include reapportionment, Voting Rights Act, rights of minor parties and candidates, campaign finance reform, etc. Co-requisite: 651.
834 LAW AND ECONOMICS (3 credits): The Law & Economics movement has influenced how judges decide cases in every area of law. This introductory exploration of the application of economic analysis to legal problems will outline the basic theory of voluntary exchange and examine the conditions necessary to maximize societal welfare. This structure will then be applied to various types of legal problems to gauge the extent to which legal rules contribute to or hinder the maximization of social welfare. No particular background in economics is required. Pre-requisites: All first year day classes.
835 PROFESSIONAL SPORTS, LAW OF (2 credits): Labor and antitrust issues in professional sports; ethical issues related to the representation of professional athletes; and negotiations in the professional sports context.
836 AMATEUR SPORTS, LAW OF (2 credits): The philosophy of sport; tort, criminal and constitutional issues in amateur athletics; and the regulation of intercollegiate athletics, with a focus on the operation of the National Collegiate Athletic Association. Co-requisite: 651.
LITIGATION AND PROCEDURE
840 FEDERAL COURTS (2 credits): Original and appellate jurisdiction of federal courts; Constitutional and legislative limitations on federal courts; concurrent jurisdiction with state courts; section 1983 litigation and writs of habeas corpus. Prerequisite: 661.
841 FORENSIC EVIDENCE (3 credits): An advanced evidence course focusing on expert issues or various forensic disciplines, crime scenes and incident investigations as evidence in civil and criminal litigation. Prerequisite 670
842 CONFLICTS OF LAW (3 credits): The various ways courts decide which law will control when litigation is based on contacts with two or more states; the effect of the Constitutional on the choice; the full faith and credit clause; and the relationship of Indian tribes with the state and federal government.
843 JUDGING AND THE NATURE OF JUSTICE (2 Credits): This course will evaluate the profession of judging—the responsibilities of the neutral arbiter of disputes—including a review of various judicial philosophies, role rational decision-making as the trier of fact, judicial writing, judicial ethics, and an examination of the administration of justice in contemporary U.S. society. Prerequisites: 661
844 REMEDIES (3 credits): Compensatory damages (measuring value, consequential losses, limits on damages); injunctions (uses of injunctions, permanent injunctions, TRO's); declaratory judgments, restitution; punitive damages; contempt; collecting money judgments; litigation expenses; remedial defenses. Limited to students in their final year of law school.
845 CONSTITUTIONAL LITIGATION (3 credits): This course studies the statutory and constitutional provisions that authorize civil rights suites aimed at redressing violations of federal constitutional rights. Specific topics include the nature of rights that can be enforced through civil rights litigation; the type of governmental conduct that gives rise to liability under the civil rights statutes; the responsibility of governmental units for the acts of their employees; the availability of damages and injunctions; the defenses and immunities available to individual and governmental defendants, including individual immunity and sovereign immunity; the doctrines that govern the relationship between state and federal courts in civil rights actions, including exhaustion of state remedies, res judicata and collateral estoppels and the abstention doctrines; and the availability of relief against private persons. Prerequisites: 651.
846 COMPLEX LITIGATION (3 credits): This course will focus on the areas where large-scale litigation such as mass tort claims and nationwide securities fraud litigation has strained the civil justice system, and the response to these areas of tension. The course will focus on procedural devises for joining similar claims such as class actions, multi-district litigation, and consolidation. The course will also discuss some obstacles to aggregation such as the Anti-Injunction Act and investigate methods to manage discovery and fact-finding in complex litigation. Finally, the course will examine ethical and legal considerations for lawyers in the settlement of class actions. Prerequisites: 661
847 OHIO CIVIL RULES (2 credits) : Study of the Ohio Rules of Civil Procedure designed for students who plan to practice in Ohio and who have taken Civil Procedure: Jurisdiction and Civil Procedure: Rules. Topics include the unusual constitutional authority underlying the Civil Rules; the exquisitely-complex issues posed by application of the Civil Rules to civil actions and to "special statutory proceedings" under Civil Rules 1, 73, 75, and 82; commencement of actions; venue of actions; service of process; pleadings and motions; joinder; summary judgment; discovery; jury trial; dismissal of actions; JNOV and directed verdict; jury instructions; trial court findings of fact and conclusions of law; and relief from judgment under Civil Rule 60(B). Course reading will include text of most Civil Rules and leading Ohio Supreme Court decisions interpreting the Rules, including many of the decisions listed in the Civil Procedure section of the Outline of Subjects Tested on Essay Portion of Ohio Bar Examination as last revised and promulgated by the Supreme Court of Ohio in November 2002. Pre-requisites – all first year day courses
848 PRE-TRIAL & MOTIONS PRACTICE: CREATIONISM & THE LAW (2 credits) : This course combines a topical constitutional issue with a practical analysis of how such issues get to trial. The constitutional issue is the “teaching” of creationism, or its more recent incarnation, intelligent design, in the public schools. The practical, procedural issues examined include preparation of the complaint, expert witness reports and depositions, summary judgment motions, motions in limine and final trial memoranda. The course will include an in-depth examination of the pleadings, motions, and the deposition and trial transcripts of Kitzmiller v. Dover Area School District, 400 F. Supp. 2d 707 (D. Pa. 2005), and the applicable federal rules and case law that govern the filings and motions in that case. Course assignments will consist of the preparation of a complaint, expert witness deposition questions, revision of a response to a summary judgment motion, and a motion for summary judgment based on an alternative theory of the case. Pre-requisites: All first year day courses.
TAXATION
850 ESTATE AND GIFT TAXATION (3 credits): Substantive provisions of federal estate and gift tax laws and the generation skipping transfer provisions, including transfer with retention of interest or power, joint interests, life insurance proceeds, property subject to powers of appointment, marital deduction, and split gifts. Co-requisite: 680
853 STATE AND LOCAL TAXATION (3 credits): Review of ad valorem property taxes; income and corporate franchise taxes, and sales and use taxes. Federal Constitutional Law limitations on states' ability to impose taxes, including commerce, due process, and equal protection clause considerations and various federal statutory preemption provisions. Ohio tax law used only as a means to address principal national issues. Prerequisites: 651.
854 TAXATION OF BUSINESS ENTITIES (3 Credits): This survey course will cover the basics of taxation of business entities. It will include an introduction to Federal taxation of C Corporations, Partnership, LLCs, and S Corporations. This course is designed primarily for students interested in business and will focus on identification and resolution of tax issues in common business transactions. Prerequisite: 680 This course may not be taken if the student is enrolled in the LL.M. in Taxation or M.T. programs, nor may they be used to replace the Corporation and Partnership tax courses required in those programs. The course may be taken by a student enrolled in the LL.M. in Business.
855 CORPORATE TAXATION (3 credits): Tax consideration in corporate formation, distributions, redemption and liquidation, including tax consequences of corporate reorganizations, mergers and acquisitions, consolidations, and divisions. Prerequisite: 680.
856 PARTNERSHIP TAX (3 credits): The meaning of partnership taxation including formation, transactions between partner and partnership, determination and treatment of partnership income and losses, sale or exchange of partnership interest, distributions, retirement, death of partner, and drafting the tax provisions of a partnership agreement. Prerequisite: 680.
858 INTRODUCTION TO TAX PROCEDURE (2 credits): The focus of this course is on federal tax procedure. Areas covered include: organization and operation of the Internal Revenue Service (IRS), audits, administrative appeals, deficiency procedures and litigation, refund claims and suits for refund, summons and other investigative authority of the IRS, access to IRS information, assessments, collections, private letter rulings, penalties and interest, and an introduction to criminal tax procedure. Co-requisite: 680.
860 ADVANCED INDIVIDUAL INCOME TAX PROBLEMS (2 credits): The course will utilize selected problems to cover the major income tax issues for individuals. Topics covered will include definitions of gross income, business deductions, income splitting, sales and other dispositions of property, gains and losses, and timing issues. Prerequisite: 680.
862 TAX RESEARCH and COMMUNICATION I (2 credits): An introduction to tax research and communication. The student will be responsible for completing certain exercises and drafting tax documents utilizing tax research techniques. Prerequisite: 680.
863 TAX RESEARCH and COMMUNICATION II (2 credits): Preparation of a comprehensive research paper. Prerequisites: 680, 862.
865 SUBCHAPTER S CORPORATIONS AND ADVANCED PASS-THROUGH ENTITIES (2 credits): Advanced corporate tax problems including taxation of Subchapter S corporations, professional corporations, personal holding companies and punitive taxes on earnings accumulations, and collapsible corporations. Prerequisite: 680.
868 LIMITED LIABILITY COMPANIES (1 or 2 credits): An examination of the 1994 legislation regarding limited liability companies. Other forms of business entities such as C-corporations, S-corporations and various forms of partnerships are explored for purposes of comparing and contrasting these entities to limited liability companies. Prerequisites: 680, 700.
872 INCOME TAXATION OF TRUSTS and ESTATES (2 credits): Taxation of income of simple trusts, complex trusts, and grantor trusts; discussion of rules unique to trusts and estates, including distributable net income, charitable deduction, distribution deduction, and income in respect of decedents. Prerequisite: 680.
874 TAX CONTROVERCIES (2 credits): Criminal remedies for fraudulent tax evasion. Prerequisites: 680, 858.
876 TAX AND PROFESSIONAL RESPONSIBILITY (2 credits): Examination of the ethical problems that confront the tax practitioner, including problems of return preparation, flagging weakness, review of returns, post-return developments, audits, and disclosure of adverse facts and law. Co-requisite: 680.
877 SALES AND EXCISE TAX (1 credit): Exploration of the problems associated with the sale of goods and the excise tax in Ohio, including taxation issues of mail order vendors. Prerequisites: 680
878 QUALIFIED RETIREMENT PLANS (2 credits): A comprehensive study of pension, profit-sharing, and 401(k) plans for small businesses and professionals. Prerequisite: 680.
879 EXECUTIVE COMPENSATION (2 credits): A review of the executive compensation practices of public, private and tax-exempt employers. The course will examine both the elements and structure of executive compensation as well as the limitations imposed on executive compensation by the Internal Revenue Code and the Employee Retirement Income Security Act. The class will explore the use of executive employment agreements, and life insurance, nonqualified deferred compensation and equity plans. In addition, the class will examine the limitations imposed on executive compensation under Sections 162 (m), 280G, 409A and 4958 of the Internal Revenue Code. Familiarity with basic federal income tax principles is a must.
880 INTERNATIONAL TAXATION I (2 credits): Students will learn and discuss U.S. tax laws related to international operations including U.S. entities earning foreign source income and foreign entities generating U.S. income. Tax laws related to jurisdiction to tax, tax rules applicable to different types of legal entities; sourcing of income, and foreign tax credits will be reviewed. Tax systems of several major foreign countries will also be discussed. This course is designed to give the student a solid base in the tax laws applicable to foreign operations and the implications for evaluating various forms in which to conduct business. Prerequisite: 680
881 INTERNATIONAL TAXATION II (2 credits): Students will review and discuss case studies and advanced problems dealing with tax and business considerations in establishing business operations in the U.S. and in foreign jurisdictions. Tax treaties, foreign reorganizations, utilization of hybrid entities and instruments will be discussed as well. This course expands upon the foundation and knowledge gained from International Taxation I and is designed to make the student a valuable contributor and advisor to business management. Prerequisite: 680, 880
888 ACCOUNTING PROBLEMS FOR LAWYERS (2 credits): A study of the basic principles of accounting as related to law. Not open to students with 4 or more semester credit hours of accounting.
890 TAX EXEMPT ORGANIZATIONS (2 credits): Organizational, operational, and dissolution tax problems of federally tax-exempt entities including ‘501(c)(3) charities, trade associations, clubs, and voluntary employee benefits associations. Prerequisite: 680.
891 CONSOLIDATED RETURNS (1 credit): Allocation of income and deductions among related corporations, eligibility requirements for filing consolidated returns, computation of consolidated taxable income and tax liability. Prerequisite: 850, 680
892 TIMING PROBLEMS (2 credits): Timing considerations and taxation issues. Prerequisite: 680; recommended: 862.
893 CHARITABLE GIVING (1 credit): Exploration of various instruments used in planned giving to charitable institutions and their tax implications. Prerequisite; 680, 850.
896 REAL ESTATE TAXATION (2 credits): Effect of income taxes on real estate and real estate transactions, sales and exchanges of real estate interests, various entities for the ownership and development of real estate, real estate syndications, problems of the investor and the developer, basis and basis adjustments, and choices of financing techniques such as the sale-leaseback, depreciation, amortization, and obsolescence. Prerequisites: 680.
898 INSURANCE TAXATION (2 credits): Explores the tax implications of owning life insurance policies and annuity contracts, and transactions (e.g., exchanges, distribution) involving those contract, as well as the definitional requirements imposed by the Internal Revenue Code. Course in estate taxation and/or estate planning is helpful but not mandatory. Prerequisite: 680.
LAWYERING SKILLS AND PROFESSIONALISM
900 E-LEGAL RESEARCH (2 credits): This course will discuss and evaluate methods of electronic legal research.Internet legal resources, including Westlaw and Lexis, will be reviewed. Student will learn to evaluate electronic research tools and sources. A major course objective is to help students develop cost-effective and efficient research strategies. Because of the nature of the course, it will have a limited enrollment noticed in the registration materials.
902 DISPUTE RESOLUTION (2 credits): Study of the major alternatives to litigation for the resolution of disputes including negotiation, mediation, arbitration, and court-annexed procedures. Theoretical materials applied in simulated exercises. NOTE: Students enrolling in the summer intensive format version of this course are not to work during the course. Classes run from 8:00 AM to 12:00 PM every day from Monday through Saturday. A final exam is given the following Tuesday.
903 Business Negotiation (2 credit hours) This course is designed for students who have taken the Negotiation course and wish to learn about the use of negotiation in the business environment. A student who completes this course will acquire: a comprehensive and well-founded knowledge of business negotiation necessary for successful negotiation in business; the skills and abilities necessary to engage successfully in negotiation in various business and organization settings; an understanding of how the discipline of law relates to business negotiation; the ability to identify problems, create solutions, innovate, and improve current practices in business negotiations; and the ability to think creatively to reach mutually satisfactory negotiated outcomes in business. Prerequisites: 904. This course will be taught in a Distance Learning Format.
904 NEGOTIATION (2 or 3 credits): Selected materials in negotiation, the process by which lawyers resolve 90% of their clients' legal problems. Topics include selecting appropriate strategies for a particular negotiation, planning for a negotiation, and implementing strategy, selecting tactics and considering ethical issues of misrepresentation and zealous advocacy. NOTE: Students enrolling in the summer intensive format version of this course are not to work during the course. Classes run from 8:00 AM to 12:00 PM every day from Monday through Saturday. A final exam is given the following Tuesday.
905 GENERAL ARBITRATION (2 credits): An examination of the use of arbitration as an alternate adjudicative process. The course will discuss all aspects of arbitration, including compulsory arbitration, arbitration clauses, the Federal Arbitration Act, post-hearing processes for formal arbitration, and public policy issues.
906 AN EXAMINATION OF CONFLICT AND DESIGNING OF DISPUTE RESOLUTION PROCESSES (2credits): This course will aid the student in exploring the root causes of conflict, as well as an examination of the various multidisciplinary approaches to substantive legal dispute processing and conflict resolution. This will involve a study of the disciplines of law, social psychology, anthropology and cross-cultural negotiation as well as an overview of communication theory as it applies to the practice of law and conflict resolution in a today’s complex legal environment. Dispute resolution processes currently in use in by government agencies, private entities, environmental and health practitioners will be explored from the legal standpoint as it relates to legal, anthropology (cross-cultural), social psychology and communication theory in the de-escalation of significant conflicts.
Further, this course will aid the student in acquiring the foundational knowledge necessary to develop, design, implement, regulate and evaluate dispute resolution processes and programs in the legal, court, governmental, environmental, public policy and business arenas. Course topics will focus on developing knowledge of research methods, data collection, data analysis, critical thinking, analytical writing, rulemaking process, and negotiation between different layers of government and organizational behavior – all skills that are indispensable to these efforts. Pre-requisites: None.
908 INTERVIEWING and COUNSELING PRACTICUM (2 credits): Selected materials in the lawyering process including development of the skills necessary for successful client interviewing and counseling, extensive use of role playing, and actual client interviews. This course primarily is for students who wish to enroll in the General Litigation Clinic (940).
910 MEDIATION (2 credits):
This course approaches mediation from the advocate’s perspective. Students will develop a sophisticated understanding of mediation and will learn when to use mediation as a settlement process. Learning objectives will be met through in class role-plays, reading assignments, written analysis of mediation role-plays, and a final examination.
911 Divorce Mediation (3 credits) Mediation in the domestic/divorce arena combines a thorough understanding of the basic skills of mediation with the substantive knowledge of the relevant issues on divorce such as custody, visitation, support and property division. The student will receive education and training that will explore these areas as well as provide the necessary educational requirements to comply with the standard divorce/domestic mediation certification. This course will be developed to comply with Ohio Supreme Court requirements for a 40 hour course. NOTE: Students enrolling in the summer intensive format version of this course are not to work during the course. Classes run from 8:00 AM to 5:00 PM every day from Monday through Saturday. A final exam is given the following Tuesday.
Prerequisites: 910
913 HEALTH CARE & DISPUTE RESOLUTION (2 credits) This course seeks to offer a framework for understanding dispute resolution in healthcare by providing a historical perspective on American healthcare’s evolution to its present structure. It identifies major players interacting in the current American healthcare setting, highlights key components in healthcare dispute resolution, underscores ethical considerations endemic to healthcare, and anticipates future evolution in health care and dispute resolution. An examination of the use of dispute resolution in the health care industry with emphasis on issues of mediating bioethical disputes such as how much care to provide, the allocation of scare recourses, death and dying, the suspension of care, the interaction of the family and the health care provider, medical ethics, including a review of case studies of different existing models of dispute resolution currently being used and an examination of emerging and future issues affecting dispute resolution in the health care industry.
920 REGULATION OF THE TRANSNATIONAL PRACTICE OF LAW (1 credit): This course discusses patterns of transnational law practice and the regulation of that practice by nations. The course will compare how the conduct of lawyers is governed by other countries and compare rules of professional ethics around the world, with a special emphasis on Europe. The students will study several hypothetical international business transactions, discussing the role of the U.S. lawyer and the ethical problems U.S. lawyers experience in international commercial transactions.
922 TRIAL ADVOCACY PRACTICUM (3 credits): Trial tactics and strategy; preparation for trial; procedure during trial; conduct of counsel; mock trial of a case. Prerequisites: 660, 661, 670.
923 ADVANCED TRIAL ADVOCACY PRACTICUM (3 credits): Examination of advanced trial techniques including unique evidentiary problems, trial motions, and other special problem. This course will allow the student to build upon the trial techniques learned in Trial Advocacy Practicum. Prerequisites: 661, 670, 922.
924 APPELLATE ADVOCACY PRACTICUM (2 credits):
This two-credit course satisfies the upper-level writing requirement for graduation and is a prerequisite for participation on a moot court team during the 2008-2009 academic year. In this class, students write an appellate brief and participate in oral arguments in defense of the brief. Advanced writing, analysis, and persuasive skills are emphasized. An acting component is included to improve students’ oral advocacy skills; students will work individually and in small groups to enhance their writing skills. Enrollment is limited to 18 students.
926 GENERAL PRACTICE PRACTICUM (3 credits): Application of legal theory to solving concrete problems encountered in general practice: planning and drafting techniques in selected areas of administrative, trial, and appellate practice. Limited to students in the last year of law school.
928 DRAFTING FOR ESTATE PLANNING (2 credits): Prototype dispositive schemes for the married couple; the use of inter vivos trusts in estate planning including the minor's trust, insurance trust, and charitable trust; tax planning for the executive including year of termination tax accounting problems, business valuation freeze techniques, sale of a business, and selection of deferred compensation profits. Prerequisites: 680, 850, and either 750 and 751 or 752.
930 BUSINESS PLANNING PRACTICUM (2 credits): Integrated study of corporate, financial, tax, accounting, and securities aspects of: organization of a small corporation, organization of a public corporation, stock dividends, recapitalization and stock redemption in the context of stockholder conflict, corporate liquidations, corporate mergers and acquisitions. 680, 700, and either 854, 855 or 856; Co-requisite: 701.
938 ENVIRONMENTAL LAW PRACTICUM (2 credits): This course uses problems and simulation exercises to teach students lawyering skills necessary for the practice of environmental law. It is divided into four sections -- compliance counseling, enforcement, litigation and policy -- which correspond to four of the main areas of environmental law practice. Each section commences with an introduction to the area of practice being covered. Following the introduction, students complete short problems designed to expand and deepen their understanding of the area. At the conclusion of each section, students engage in realistic that simulate the practice of environmental law. The course requires students to produce a variety of written work during the semester, such as memorandums, complains, and summary briefs. Students will be grade on these written assignments as well as on the quality of their performance in the simulations. There is no final exam or paper requirement. Prerequisites: 780.
940 GENERAL LITIGATION CLINIC (2 or 3 credits): Law students who have received a limited license to practice law from the Ohio Supreme Court represent clients who are charged with misdemeanor offenses or who have civil legal problems in areas such as domestic relations, probate, bankruptcy, landlord-tenant, consumer, and wills. Prerequisite: This course available only to students who have completed two-thirds of the credit hours needed to graduate. Enrollment priority will be given to students who have taken 908.
941 MEDIATION CLINIC (3 credits): A clinical experience for students who have completed the Mediation or Mediation Skills Practicum. Students will mediate disputes in a variety of settings including Small Claims Court, Municipal Court, and the Night Prosecutor Program. Additionally, students will mediate disputes referred directly to the clinic. Prerequisites: 910.
944 EXTERNSHIP (2 or 3 credits): Selected students are placed with a court, governmental or not-for-profit agency to provide them with the opportunity to apply the substantive law and lawyering skills learned in the traditional curriculum. A faculty monitor closely supervises the student, under the coordination of the Faculty Externship Committee. Course credit is predicated on 55 working hours for each one-semester hour of credit. Grading is on a satisfactory/unsatisfactory basis. Prerequisites, Co-requisites, and other limitations on enrollment are announced in advance. Students may take the externship program more than once, for a total of no more than 6 credit hours. See Section 4.11
946 Advanced Bar Studies (3 Credits) The Advanced Bar Studies course, graded on a satisfactory/unsatisfactory basis, is designed to assist students in the preparation for the Bar Examination. The course will focus on test-taking techniques, a familiarization with the multiple choice test, Ohio essay questions, and multi-state performance test questions. Advanced Bar Studies is not a substitute for commercial Bar Review courses. It is not a review of the substantive topics tested on the bar exam.
PERSPECTIVE
950 JURISPRUDENCE (3 credits): A systematic examination of ways of thinking about law; analysis of several contemporary theories of law (such as critical legal studies, critical race theory, and feminist legal theory) and application of their methods to concrete problems.
951 WOMEN AND THE LAW (3 credits): This course examines topics in law relating to the law’s treatment of and impact on women through a series of different theoretical perspectives that produce alternative understandings of the relationships between gender and law. Theoretical perspectives include formal equality, substantive equality, dominance theory, different voice theory, autonomy, and anti-essentialism. Substantive topics include employment, the family, domestic violence, school sports, sexual harassment, pornography, rape, insurance, affirmative action, women in legal practice, the regulation of pregnancy, sexual orientation discrimination, and the intersection of race, gender and culture in the law. The course emphasizes relationships between theory and practice.
952 LAW AND LITERATURE (2 credits): We explore many edifying connections between law and literature. In particular, we survey jurisprudential themes and depictions of law in literature, drama, and film with emphasis on the nature and rule of law, justice, morality, equity, truth, guilt, crime and punishment, among other motifs. The works of Sophocles, Shakespeare, Melville, Kafka, Dostoevsky, Jonathan Harr, Katherine Ann Porter, and Susan Glaspell comprise our core reading, but we look also to poetry, film, television, essays, and scholarly writings for further illumination. We examine methods of interpretation, analysis, and rhetoric used by practitioners in both literary and legal fields. Additionally, we highlight the efficacy of storytelling for more convincing arguments, better understanding of legal discourse, and the constructive critique of our legal system. We not only read and discuss works of law and literature throughout the semester, but we also write our own papers in response to those works. Seeking to improve our own writing thus becomes a centerpiece of this course. Finally, through engagement with moral-legal dilemmas in literature, we reinforce ethical study and enhance the values of our profession, probing such topics as veracity, humility, conflicts of interest, divided loyalties, duty, utility, and individual conscience. Well formed self-image as well as the public’s perception of lawyers feature prominently in the course.
955 LEGAL HISTORY (3 credits): A survey of the English origins and development of the Anglo-American legal and constitutional system, from the Anglo-Saxon period to the 20th century. Co-requisite: 651.
956 LAW AND AMERICAN HISTORY (3 credits): A survey of the history of the American legal and constitutional system, emphasizing how political, economic, social, and ideological changes have affected the structure, function, and content of American law. Co-requisite: 651.
958 ORIGINS OF WESTERN LAW: GREECE AND ROME (3 credits): An examination of Greek and Roman law and procedure, which greatly influenced Western law, including the birth and development of law and constitutional forms from the earliest beginnings in Greece through the codifications in Roman Emperor Justinian's reign.
960 COMPARATIVE LAW (3 credits): Introduction to the structures and methods of legal systems other than the common law system; emphasis on contemporary European, Soviet, and Eastern European systems; comparison with common law systems, especially with American.
965 INTERNATIONAL LAW (3 credits): An introduction to International Law as applied between independent nations and in American courts; selected problems dealing with the sources, development authority, and application of International Law; the making, interpretation, enforcement, and termination of treaties; states; recognition; territory; nationality; jurisdiction and immunities; the United Nations and other international organizations in which the United States holds membership; State responsibility; and International claims for wrongs to citizens abroad.
966 INTERNATIONAL SALES (2 credits): Study of the fundamental international commercial transaction, the sale of goods--including sales, financing, transportation, and insurance contracts; introduction to related commercial relationships, agreements, organizations, and laws affecting private international transactions. Co-requisite: 710.
OTHER
980 RESEARCH SEMINAR (2 credits): Every year the Law School offers several research seminars which satisfy the upper-class writing requirement. Topics of seminars vary from year to year. Prerequisites, Co-requisites, and other limitations on enrollment are announced in advance.
The following seminars are currently offered:
Antitrust/ Health Care
The seminar will cover in-depth the role of the antitrust laws and the resulting antitrust issues that arise in the ever-changing health care field. Students will participate in discussion and prepare a paper on an approved topic on a current antitrust issue in health care. The paper in its final form is due on the last day of class.
Current Topics in Corporate Governance
“Corporate governance” is a broad term meaning the system by which corporations are managed and controlled. During the 2007 fall semester, the seminar will examine a wide variety of legal and policy issues raised by Enron, WorldCom, Hewlett-Packard and other companies involved in the recent series of corporate misdeeds and/or accounting meltdowns. We will investigate the extent to which the board of directors and their committees can realistically address the problems raised by the recent scandals.
The seminar will begin with a review of the basics of corporate governance and the roles of the board of directors, including various board committees, and of executive officers. We also will look closely at the causes of the corporate scandals from business, financial, ethical, political and legal perspectives. We will examine provisions of the Sarbanes-Oxley Act and new listing standards in detail, and assess whether regulatory reforms will remedy the practical problems identified as a result of the recent scandals. Thereafter, the seminar will consider when the board of directors and board committees can prevent corporate fraud, and when they cannot. We will analyze the role of standards of director and executive officer conduct in the new environment. We also will consider the role shareholders can play in corporate governance, and the role, if any, for employees in corporate governance. Finally, we will explore how auditors, lawyers, financial institutions and investment banks, investment analysts, financial journalists, credit rating agencies, and other key participants in the post-Enron world of public companies fit into the emerging picture.
Election Law
This seminar will deal with historical and contemporary issues growing out of the regulation of elections and campaigns, including campaign finance laws. Topics include reapportionment, voting rights, rights of minor parties and candidates, campaign finance reform, etc.
Federal Criminal Law
This seminar will highlight the issues of law, theory, jurisdiction, and policy involved in the federal law enforcement system. We will examine various crimes that are unique to the federal criminal justice system, such as the Hobbs Act, bribery and illegal gratuities, currency reporting and money laundering offenses and obstruction of justice. We will also survey issues of criminal procedure that are not covered in criminal procedure and advanced criminal procedure, such as the attorney-client privilege and the work product doctrine, joint defense confidentiality agreements, and plea bargaining and cooperation agreements under the United States Sentencing Guidelines.
Information Privacy Law
This course will examine the laws that govern: (1) the collection, use and disclosure of personal information; and (2) the damage to personal privacy that results from these activities. Recent developments have increased the importance of this field of law. First, the Information Revolution has dramatically expanded commercial collection and use of personal information. This has led to issues concerning data security breaches, identity theft, online privacy, spyware and spam. Second, the War on Terror has increased governmental collection and use of personal information for security purposes. This has generated concerns about wiretapping, national ID cards, encryption and government data mining operations. The course will explore these and other information privacy issues. It will examine how the law handles the competing demands for personal information, and for personal privacy, in an information-rich world. It will cover tort law, constitutional law, statutory law, regulatory law, evidentiary privileges, property law, contract law and criminal law related to information privacy. All students will write a seminar paper supervised by the professor. There will be no final exam. Students do not need a background in computer technology in order to understand the material covered in this course.
Media Law
Building upon issues raised in torts, contracts, property and constitutional law, this course will examine the liability of the media. It will also examine First Amendment theory as it relates to the media. When is the media liable for invasions of privacy or for libel? Can the media be sued for products liability? When, if ever, should an injunction issue against the media?
There will be extensive reading every week and every student will be expected to actively participate in class, including making several presentations to the class. A student's grade will be based on class participation and on the student’s paper. Every student will be required to submit an outline, a draft of the paper, and the final paper must be of superior quality.
981 RESEARCH SEMINAR (2 Credits) Every year the Law School offers several research seminars which satisfy the upper-class writing requirement and the perspective requirement. Topics of seminars vary from year to year. Prerequisites, Co-requisites, and other limitations on enrollment are announced in advance. The following seminars are currently offered:
Constitutional History – Origins of the Bill of Rights
The seminar will examine the federal Bill of Rights as originally drafted and ratified, in its historical context—i.e., as part of the broader story of the protection of individual rights, beginning in England and continuing in America, both before and after the American Revolution.
Everyone will begin with some common background readings, to be discussed in class the first several weeks of the seminar. Each participant in the seminar will be assigned one of the provisions of the Bill of Rights (the first ten amendments to the Constitution) or one of the rights provisions in the main text of the Constitution, as a topic for research, an in-class presentation, and finally the seminar paper (to be written in the format of a law review article). After several weeks of individual presentations, discussing these particular rights provisions, the seminar will conclude with a discussion of the Bill of Rights as a whole and the relevance of historical inquiry to contemporary problems in constitutional law. The general questions we will be exploring include: Does the “original intent” or meaning of the Framers really matter? If so, whose intent or meaning, and why? If not, why not, and how should these constitutional provisions be interpreted?
Criminal Responsibility
The general rationales for punishment presume competent, adult offenders, acting of their own free will. In this class, we will consider those situations in which criminal responsibility is less clear-cut, and more controversial. What if the offender is a young child? Insane? Provoked? Battered? Socially deprived? Students will read, discuss, and write about competing jurisprudential perspectives on criminal responsibility in these and similar contexts. This class fulfills the perspectives requirement.
Ideas of the First Amendment
The first focus of the seminar will be the pivotal doctrines of first amendment law. For example, why is it important that we regulate speech after, rather than prior to, its expression; or why is viewpoint regulation more problematic than “neutral” regulation of speech; or should there be “paternalistic” reasons for regulating speech, designed to protect audiences from their own susceptibilities, to name a few. Although these doctrines are quickly canvassed in the core Constitutional Law courses, they are not given center stage as they will be in this seminar. The second focus of the seminar is that such questions are best studied by engaging a few of the greatest writings on the freedom of speech that have been generated in the Anglo-American tradition. The seminar will study these doctrines through the writings – some political polemic, some judicial opinions – of John Milton, James Madison, John Stuart Mill, Learned Hand, O.W. Holmes, Louis Brandeis, A. Meiklejohn, and assorted “contemporary” replies. The course will fulfill the upper-level writing and perspectives requirements.
International Criminal Law
This seminar will deal with the following topics: sources of international criminal law; jurisdiction (nationality; protective, territorial, passive personality, universal); crimes against humanity; war crimes, genocide; torture; terrorism; aerial hijacking; hostage taking; extradition; money laundering; environmental crimes; narcotics trafficking; international judicial assistance; and prisoner exchanges.
Law And Religion
In this course, we will focus on the Supreme Court’s role in adjudicating issues regarding religious liberty. We also will raise issues regarding constitutional interpretation and will examine the development of substantive doctrine in this First Amendment area. After examining the basic historical and methodological materials, we will engage in a detailed examination of the most recent cases decided by the Supreme Court.
Libertarianism and the Law
Libertarianism is a centuries-old political tradition that emphasizes individual freedom and limited government. Its key concepts include individualism, natural rights, the role of government limited to the protection of natural rights, the rule of law, and free-market capitalism. It envisions a society of liberty under law, in which individuals are free to pursue their own lives so long as they respect the equal rights of others. Today, libertarianism also is a political movement that challenges the modern regulatory/welfare state from a perspective that differs from those of both the "left" (modern liberalism) and the "right" (conservatism).
The seminar will explore libertarianism--its historical origins and evolution, its central tenets, and its place in modern policy debates--with an particular emphasis on application of the libertarian perspective to the law. We will begin with some common readings, to be discussed in class the first several weeks of the semester. Each participant in the seminar will be assigned a topic for research, an in-class presentation, and the seminar paper.
Supreme Court
In this seminar, students will take an in-depth look at the Supreme Court, learning about the traditions of the Court, how it functions, and the dominant judicial philosophies of its members. Topics will include the process for nominating and confirming Justices, how the Justices decide to grant cases for full review, the role of the law clerks, the influence of the Solicitor General, briefing and oral argument before the Court, and comparison of the Justices’ theories of judicial review. In addition, students will write two papers. One will be a short biography of a Justice; the other will be a comprehensive analysis of a case pending before the Court.
982 INDEPENDENT RESEARCH PROJECT (1-3 credits): Significant research paper or an independent research project under the guidance of a member of the faculty. A student may not register for independent research until the student provides a written proposal, tentative outline, and tentative hypothesis accepted by a full-time faculty member. A student may not register for more than one independent research project in a semester, or for more than six total credit hours of independent research, without the approval of the associate dean. Prerequisite: approval of instructor.
986 LAW REVIEW I (1-2 credits): Preparation of a publishable note or comment for the Capital University Law Review. Approval of Editor-in-Chief and Faculty Advisor is needed. Course may not be repeated. Selection by class rank or writing competition.
987 LAW REVIEW II (1-2 credits): Preparation and editing of notes and comments for Capital University Law Review; editing professional articles. Limited to Board members of the Law Review. Approval of faculty advisor is needed. Prerequisite: 986 and selection.
990 NATIONAL MOOT COURT TEAM (2-4 credits): Participation, as a regular member of the National Moot Court Team, in both the Spring ABA/LSD and the Fall CBNY moot court competitions. Two (2) hours of credit will be awarded to a person who participates either in the fall or spring competition only. Approval needed by the National Moot Court Team Advisors. Course may not be repeated for credit. Students selected by competitive audition.
991 MOOT COURT (1 Credit): Participation as a member of an intercollegiate moot court team supervised by a full-time member of the faculty consistent with the provisions of the Policy Manual Section 4.12. Credit is awarded upon the certification of the faculty advisor
994 JESSUP INTERNATIONAL LAW MOOT COURT (1-2 credits): Participation in The Phillip C. Jessup International Law Moot Court Competition. Approval needed by the Jessup Moot Court Team Advisors. Students may not earn more than 3 credit hours from international moot court competitions. Students selected by competitive audition.
996 MOCK TRIAL TEAM (1 Credit): Participation as a member of the mock trial team in the Association of Trial Lawyers of America Competition. Approval needed by the advisor to the Mock Trial Team. Students selected by competitive audition. Co-requisite: 670: A student may earn no more than two credits for this course.
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