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Academic Support Program
SLN #:
Course Prefix: LAW-524
Course Section:
Credit Hours: -
Instructor(s): Rosen
Course Description:
Additional Information:
Credit Hours: -
Skills Requirement: No
Accounting for Lawyers
SLN #: 15934
Course Prefix: LAW-691
Course Section: 012
Credit Hours: 2
Instructor(s): Friedman
Course Description:
This course is designed to introduce the basic elements of financial accounting to attorneys. This course will present the “Fundamentals of Accounting” as well as the “Accounting Principles” that form the foundation for current day accounting. The students will gain an understanding of Financial Statements, Financial Statement and Auditing reporting requirements and a general overview of the entities that set the rules, ethics and standards for the accounting profession. The course is divided into three (3) sections consisting of the introduction of accounting, forensic and valuation issues and the examination and cross-examination of accountants (in conjunction with the WP Carey School of Business).
Additional Information:
Credit Hours: 2
Grading Option: Pass/Fail Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Blackboard Course Site: Yes
ADR and Employment Law
SLN #: 15971
Course Prefix: LAW-791
Course Section: 020
Credit Hours: 2
Instructor(s): Meyerson
Course Description:
The use of alternative dispute resolution has been most extensive in the area of employment law. Mediation and arbitration are widely used not only in the collective bargaining setting, but also in virtually every aspect of the employment relationship. This course will offer the student a comprehensive review of the subject with special emphasis on the extensive body of law that has developed in regulating employer-imposed arbitration. The discussion of mediation will include use of simulations to enable the students to understand how mediation can effectively resolve employment disputes. Experienced attorneys will join the class to discuss the "real world" use of employment ADR from a plaintiff's and a defendant's perspective.
Additional Information:
Credit Hours: 2
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Written Assignment: Yes
Graduation Writing Requirement: Yes*
Seminar Writing Requirement: Yes*
Skills Requirement: Yes*
Note: Only one of the above listed requirements can be fulfilled with this course.
Final Exam Given: No
Paper or In-Class Presentation: Yes
Participation Points: Yes
Adv Legal Research Seminar
SLN #: 20957
Course Prefix: LAW-736
Course Section: 001
Credit Hours: 3
Instructor(s): Trotta
Course Description:
Although there is no required text to purchase, students must purchase a CPS Student Response Pad from the Bookstore and bring it to the first class. This course will focus on a rigorous review of the basic print and electronic resources and strategies for conducting legal research, federal and state. Case law, statutes and legislative history, administrative rules and procedures and finding tools will all be covered. This course is labor intensive. The best way to learn to conduct effective legal research is to use the full range of tools available and then practice, practice, practice! Students will be in class two hours per week. The third class hour is given to account for the time you will spend on the various homework assignments. Students will have frequent practice exercises, a midterm exam, and a research guide as a final project. This guide will allow students to apply their knowledge of legal research by discovering and evaluating information resources on a preapproved specialized topic of their choice.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: Yes
Skills Requirement: Yes
Mid Term or Other Exam: Yes
Participation Points: Yes
Blackboard Course Site: Yes
Advanced Criminal Procedure
SLN #: 15891
Course Prefix: LAW-610
Course Section: 001
Credit Hours: 2
Instructor(s): Spritzer
Course Description:
This course builds upon the basic course in Criminal Procedure. Topics addressed include the following: prosecutorial discretion; preliminary hearings; grand jury proceedings; pretrial release; discovery rights; guilty pleas and plea bargaining; double jeopardy; appeals and post-conviction review.
Additional Information:
Credit Hours: 2
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Prerequisite: Criminal Procedure
Final Exam Given: Yes
Final Exam Type: In-Class
Advanced Estate Planning
SLN #: 21006
Course Prefix: LAW-660
Course Section: 001
Credit Hours: 2
Instructor(s): Becker
Course Description:
This course will cover advanced estate planning and estate administration issues. Specifically, advanced valuation issues, marital deduction planning, fiduciary income tax, grantor trust income tax, issues relating to charitable trusts, and the generation skipping transfer tax. Estate and Gift Tax is a pre-requisite.
Additional Information:
Credit Hours: 2
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: Yes
Skills Requirement: No
Prerequisite: Estate and Gift Tax
Limited Enrollment Number: 15
Final Exam Given: No
Paper or In-Class Presentation: Grades will be assigned according to written papers.
Attendance Policy: Attendance is required
Arizona Constitutional Law
SLN #: 15951
Course Prefix: LAW-658
Course Section: 001
Credit Hours: 3
Instructor(s): Bender
Course Description:
This course will examine the most important and interesting provisions of Arizona’s Constitution and the Arizona Supreme Court’s decisions interpreting those provisions. Emphasis will be on provisions that are different, in either their text or judicial interpretation, from those found in the U.S. Constitution. Specific topics will include the initiative and referendum processes; recall of elected officials; individual rights that are similar to rights found in the U.S. Constitution (e.g., free speech, equal protection, and the right to bear arms); and individual rights that are not found in the U.S. Constitution (e.g., victims’ rights and the right to recover for personal injury). Substantial attention will be given to current issues and to the characteristics of the Arizona Supreme Court, as currently constituted.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Written Assignment: No
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Prerequisite: Con Law I and Con Law II
Special Withdrawal Course: No
Limited Enrollment Number: No
Final Exam Given: Yes
Final Exam Type: In-Class
Mid Term or Other Exam: No
Paper or In-Class Presentation: No
Participation Points: No
Attendance Policy: Attendance highly advisable
Arizona Media Law
SLN #: 15942
Course Prefix: LAW-705
Course Section: 001
Credit Hours: 3
Instructor(s): Bodney
Course Description:
This seminar draws together the academic and practical elements of media law, with a particular emphasis on translating constitutional theory into legal action in Arizona. The course covers issues involving access to information (e.g., public records, open meetings, FOIA), interference with the news gathering process (subpoenas, search warrants, gag orders), limitations on content (prior restraints, libel, invasion of privacy) and other "hot topics" in media law. In addition, the course focuses on the tensions between law and ethics in the legal and journalistic disciplines, and how the aspirational considerations of the two professions both inform and obscure the duties of reporters and their counsel. Finally, the course explores the analytical and precedential limitations on the absolutist rhetoric of the First Amendment. Some background in constitutional or media law is recommended.
Students who have previously taken Media Law will not be allowed to receive credit for Arizona Media Law
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Prerequisite: See course description
Special Withdrawal Course: No
Limited Enrollment Number: 14
Final Exam Given: Yes
Final Exam Type: In-Class
Participation Points: Per law school policy
Attendance Policy: Per law school policy
Arizona Water Law
SLN #: 15919
Course Prefix: LAW-691
Course Section: 004
Credit Hours: 2
Instructor(s): McGinnis
Course Description:
Water is a crucial and scarce commodity in the desert southwest, and decisions about the allocation of water will have a profound effect on the future of the region and its environment. These decisions involve competition for water between neighboring states, between agricultural, residential, and industrial users, between Indian tribes and their non-Indian neighbors, and between environmental preservation and commercial development. This seminar will focus on Arizona water allocation issues currently pending in several different forums, including Arizona and federal courts, the United States Congress, the Arizona legislature, Arizona and federal administrative agencies, and negotiations between private parties. Featured topics will likely include the ongoing adjudication of water rights in the Gila River and its tributaries, settlements of Indian tribal water rights claims, allocation of Colorado River water, the effect of the Endangered Species Act on water use and allocation, proposals to drain Lake Powell, the relationship between surface water and groundwater law, and the public trust doctrine.
Additional Information:
Credit Hours: 2
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: No
Paper or In-Class Presentation: Yes
Participation Points: Yes
Attendance Policy: Yes
BAC316 & LES305
SLN #: 20956
Course Prefix: LAW-316
Course Section: 001
Credit Hours:
Instructor(s):
Course Description:
Additional Information:
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Biotechnology: Science, Law and Policy
SLN #: 26783
Course Prefix: LAW-691
Course Section: 026
Credit Hours: 3
Instructor(s): Marchant
Course Description:
This course will examine the legal, regulatory, scientific, policy and ethical aspects of biotechnology, focusing on genetically engineered plants, animals, foods, drugs, vaccines, and other products. Among the issues to be covered include an overview of the scientific methods for genetically engineering plants and animals, the risks and benefits of genetically modified (GM) crops and animals, the regulation of GM foods and other products, labeling of biotechnology products, regulatory issues relating to biopharmaceuticals, liability issues, intellectual property issues, antitrust and business law issues, contamination issues, the role of the public in GM decision, state and local regulation, international regulation, international trade, bioprospecting/biopiracy, and bioterrorism.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Written Assignment: Research paper
Graduation Writing Requirement: Yes
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: No
Paper or In-Class Presentation: Paper required
Participation Points: Yes
Attendance Policy: Attendence included in Participation Points
Blackboard Course Site: Yes
Business Immigration
SLN #: 15932
Course Prefix: LAW-691
Course Section: 011
Credit Hours: 2
Instructor(s): Malpert
Course Description:
The course will cover all major topics in business immigration law and practice. Students will learn how U.S. businesses recruit and bring into the United States temporary and permanent labor. Topics will include the H-1B program, NAFTA TN visas, Investor Visas, and Labor Certification. Students will also learn about employment verification laws and procedures and ICE/DOL audits. Finally, Students will learn about labor immigration programs in other countries such as Canada, UK, and Australia. While as practitioners, the instructors will have a practical bent, considerable time will be spent on policy debates and analyzing primary sources of the law.
Additional Information:
Credit Hours: 2
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Business Organizations
SLN #: 15960
Course Prefix: LAW-654
Course Section: 001
Credit Hours: 4
Instructor(s): Lynk
Course Description:
This course describes how business organizations impact the work of all lawyers regardless of the field in which they ultimately focus. A basic understanding of the organization and management of business enterprises, and the law of agency, partnership, and corporations, is routinely needed across a broad and diverse range of legal specializations.
We study how businesses make money and how lawyers help them. We study how businesses are regulated and why. We study how companies raise money, spend money, and pay taxes. We study the legal standard of conduct expected of companies and their owners and managers.
Special attention is given to a broad view of the course content to make it relevant to lawyers with various professional interests including for example, litigation, domestic relations, intellectual property, real estate, environmental, public interest law, trusts and estates, employment, entertainment, sports, commercial, constitutional, international law, and for lawyers in large and small firms, government agencies, non-profit organizations, and regulated industries, as well as corporation law departments.
The class focuses on a hypothetical business and the legal issues of formation, capitalization, operations, and merger. Our analysis follows this business as it might evolve through the various types of business organizations as a sole proprietorship, general partnership, limited partnership, limited liability company (LLC), and corporation.
The major focus of the course is on the most popular form of business organization, the corporation, both public and private. We study how corporations are used to raise and manage capital, allocate risk, and divide ownership and management prerogatives. We focus on the responsibilities of boards of directors, the rights of shareholders, the issuance of stock, mergers and acquisitions, and corporate governance.
The course analyzes basic business and legal decisions faced by business people. We also examine broader policy questions such as how business needs shape laws and regulations in the United States and, conversely, how laws and regulations promote and impede business.
No background in business, accounting, or finance is required. This course is not open to students who have taken Business Associations I or II.
ATTENDANCE POLICY: Attendance and participation is expected. Points will be given for participation up to the maximum permitted under the law school grading policy. Students will be called upon to participate. Substantial information will be delivered in class lectures that is not in the written course materials.
Additional Information:
Credit Hours: 4
Grading Option: Numerically Graded Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Prerequisite: There are no prerequisites for this course. The course is not open to students who have taken Business Associations I or II.
Limited Enrollment Number: 45
Final Exam Given: Yes
Final Exam Type: In-Class
Participation Points: Yes. Participation in Class
Case Studies in Law & Lawyering
SLN #: 15890
Course Prefix: LAW-791
Course Section: 002
Credit Hours: 3
Instructor(s): Ellman
Course Description:
This seminar will meet once a week for 7 weeks in the Fall 2008 semester, beginning in October. During these classes, students will read about 15 case studies drawn from the “Stories” series that Foundation Press has been issuing. We will read stories from an array of fields such as family law, torts, property, employment law, tax law, intellectual property, administrative law, constitutional law, and others. The authors of these stories have read trial transcripts and briefs, interviewed the attorneys or parties, and otherwise did the background investigation necessary to put the legal dispute in the historical and legal context in which it arose. Our purpose in reading these stories is to provide students with a model for the kind of project each student will complete for the course.
That project is to choose a case of your own, from any field of law in which you are interested, and prepare a similar case study. I will offer students some suggestions of cases, emphasizing ones that that have some Arizona connection, whether litigated in state or federal courts here. Examples might be the Bates v. State Bar of Arizona, or the Stanhardt case on gay marriage. But students are not required to work on an Arizona case. I do want to find cases that are recent enough so that it will be possible for you to find and interview at least some of the principal figures, whether parties or attorneys. I will expect students to select their case and begun establishing their research plan during the fall, to get a good running start. This will include getting a good doctrinal command of the legal issues raised by the case you choose, and some sense of the potentially relevant historical or social facts that you will want to explore to put the legal issues in a wider context. But the primary effort on the projects will probably take place after the fall semester ends. We may meet once or twice as a class during the first half of the spring semester, to discuss as a groups issues or problems that students have encountered in their projects. I will also meet individually with students during this time. There will be interim benchmark requirements for the students to meet as they work on their projects, to ensure they are making progress in obtaining the necessary primary materials such as trial transcripts, having command of the legal and contextual issues, locating principals to interview, planning their questions for those interviews, and formulating the theme for the case study. Regular class sessions will resume during the second half of the spring semester, during which the students will present their cases to the class. I anticipate six or seven class meetings during the spring.
Although the class will only meet for two hours at a time when it meets, this class is offered for three units of credit because the work load will extend over a semester and a half period. It may be possible for students who wish to publish their work to continue perfecting it for an additional fourth credit.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded Only
Graduation Writing Requirement: Yes*
Seminar Writing Requirement: No
Skills Requirement: Yes*
Note: Only one of the above listed requirements can be fulfilled with this course.
Final Exam Given: No
Paper or In-Class Presentation: Yes
Attendance Policy: Crucial
Chapter 11 Bankruptcy
SLN #: 26734
Course Prefix: LAW-655
Course Section: 001
Credit Hours: 3
Instructor(s): Haines
Course Description:
This course will cover the law and practice of reorganizing business entities under Chapter 11 of the United States Bankruptcy Code. It will begin with the history of reorganization law and a survey of the kinds of financial problems for which chapter 11 provides a remedy. It will then address strategic issues in the filing of the case and the operational issues of maintaining a viable business entity while undergoing reorganization. The core of the course is how creditors’ claims and equity interests can be treated and modified in a plan of reorganization, and how such treatment can resolve the financial issues that necessitated the filing. This will include not only the legal requirements for permissible treatment but also the procedural and voting mechanisms necessary to obtain acceptance of the plan by classes of creditors or its confirmation by the court over the objections of creditors. It will conclude with consideration of how to negotiate and draft an acceptable plan. If time permits certain post-confirmation issues may also be covered such as continuing jurisdiction of the bankruptcy court, res judicata effect of the confirmation order, remedies for plan defaults and successive bankruptcy filings. Attendance is expected and up to two points will be added or subtracted for participation.
Neither Creditor/Debtor Relations, Business Associations, Secured Transactions nor basic Bankruptcy is a required prerequisite, but both Bankruptcy and Secured Transactions are highly recommended as providing useful background.
This Spring 2009 course is scheduled to be offered every other year; therefore, the next scheduled offering of Chapter 11 Bankruptcy should be Spring 2011.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Participation Points: Yes, up to 2 points added or subtracted
Attendance Policy: Regular attendance is expected
Civil Justice Clinic
SLN #: 15983
Course Prefix: LAW-773
Course Section: 001
Credit Hours: 6
Instructor(s): Dauber;Tebow
Course Description:
Students enrolled in the Civil Justice Clinic represent clients in civil disputes and administrative proceedings with faculty supervision. The Civil Justice Clinic is primarily handling the following types of civil cases: predatory mortgage lending cases, tenants rights, equity squimming cases, housing appeals and fraudulent rent-to-own housing schemes. In addition, clients may include employees who have suffered discrimination in the workplace, children who have been denied benefits or services, employees involved in wage-recovery actions, persons who have been wrongfully denied unemployment benefits, consumers who have been defrauded in commercial transactions, and individuals facing the prospect of civil litigation. Students are responsible for handling all aspects of civil and administrative practice, including: representing clients in contested administrative hearings; drafting pleadings, motions and appellate briefs; interviewing and counseling clients; conducting discovery in civil litigation; representing clients in hearings, arbitrations, mediations and trials; and occasionally presenting oral argument in Arizona appellate courts and the Ninth Circuit. Most semesters, each student works on a written project, such as a motion, brief, or complaint.
The Civil Justice Clinic is a graded course (6 credits), with grading based on a number of established criteria, including diligence and thoroughness in representing clients, and classroom participation. Students are expected to spend approximately 300 hours in the Clinic during the semester. As a general guideline, students are expected to work 20 hours per week in the clinic. The Civil Justice Clinic includes a mandatory seminar that focuses on simulation exercises in such matters as: courtroom advocacy, interviewing, client counseling, fact investigation, civil discovery, and negotiation. During staffing meetings, potential cases are discussed and either accepted or declined by the firm.
NOTE: Please see the Clinical Program website for more details. www.law.asu.edu/programs/clinic
Additional Information:
Credit Hours: 6
Grading Option: Numerically Graded Only
Written Assignment: Yes, see description
Seminar Writing Requirement: No
Skills Requirement: Yes
Prerequisite: Evidence (or co-requisite)
Special Withdrawal Course: Yes, the last day to withdraw without special permission from the Executive Director of the Clinical Program is 2 weeks prior to the first seminar class.
Limited Enrollment Number: 8
Final Exam Given: no
Attendance Policy: Attendance at all classes and staff meetings is required.
Blackboard Course Site: Yes
Civil Procedure II
SLN #: 26782
Course Prefix: LAW-691
Course Section: 025
Credit Hours: 4
Instructor(s): Bartels
Course Description:
Civil Procedure II is a four-credit course that will focus on the Rules of Civil Procedure (rather than non-Rules topics such as jurisdiction and res judicata) and how lawyers use the Rules in litigating civil cases from initiation through the pre-trial stages. The class sessions will be devoted primarily to "re-litigating" a real personal-injury case, Ruelas v. APS, under the Federal Rules of Civil Procedure (but with attention to significant differences between the Federal and Arizona Rules of Civil Procedure). The course materials will consist of a series of handouts that include (a) questions that ask students to apply the relevant Rules to the Ruelas case; (b) important case precedents; and (c) investigative reports, court papers, and documentary and photographic exhibits from the actual Ruelas case file. The course will re-cover some topics that were covered in most first-year Civil Procedure sections in the 2006-2007 and 2007-2008 academic years, either quickly to refresh recollections or in considerably more depth; and the course also will cover Rules that were not covered in any meaningful sense in the first year. The idea is to concentrate on those areas that are most important to the pre-trial litigation process (and, coincidentally, to the bar exam).
The final exam will be a combination of short-answer and traditional essay questions. Students will be permitted to bring any inanimate object that does not belong to the Law Library with them to the exam.
Additional Information:
Credit Hours: 4
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Prerequisite: Civil Procedure - LAW 518
Final Exam Given: Yes
Final Exam Type: In-Class
Blackboard Course Site: Yes
Comp Law Practice Seminar
SLN #: 15894
Course Prefix: LAW-791
Course Section: 004
Credit Hours: 2
Instructor(s): Cruz
Course Description:
Seminar: Comprehensive Law Practice: Constructive Client-Attorney Interactions.
This course will explore the impact of externalities that affect the attorney-client relationship. We will discuss the impact of linguistic, cultural, and social differences between lawyers and their clients. We will also cover the utility of engaging multi-disciplinary techniques to resolve legal problems. Much discussion will center on broadening traditional conceptions of practice and developing an understanding of holistic representation and therapeutic law practice. Students will be expected to partake in simulation exercises, prepare client communications, and write reflective short papers.
COURSE GRADING: 1. Class Participation 25% (Because this class requires active learning I need to give a substantial amount of credit to participation)
2. Class Attendance (1% will be deducted for each missed class unless there are unusual unforeseen reasons for the absence. Such harsh attendance policy is being put in place for the same reasons as outlined for class participation)
3. Assignments 75%
Additional Information:
Credit Hours: 2
Grading Option: High Honors, Honors, Pass/Fail
Graduation Writing Requirement: No
Seminar Writing Requirement: Yes
Skills Requirement: Yes
Limited Enrollment Number: 12
Final Exam Given: No
Paper or In-Class Presentation: See Course Description
Participation Points: See Course Description
Attendance Policy: See Course Description
Constitutional History
SLN #: 26737
Course Prefix: LAW-691
Course Section: 022
Credit Hours: 2
Instructor(s): Wiecek
Course Description:
This is a survey of American constitutional development, starting at the end of Reconstruction and going forward to the turn of the twenty-first century. We begin with the impact of industrialization on our public law, centering on the struggles over labor organization. The origins of the administrative state, resulting in extensive federal and state regulation of the economy, dominate this theme. World War I introduced both the rise of executive power and the emergence of civil liberties issues, especially those grounded in the First Amendment. The Depression’s impact on constitutional development culminated in a new constitutional order that acknowledged extensive regulatory powers and expressed an expanding concern for non-economic liberties. World War II, followed by the Cold War, produced the national-security state, with all that entailed for presidential power. Warren Court liberal activism confirmed the ascendance of legal liberalism, only to be contested by the emergence of a powerful conservative reaction that is attempting to roll back the combined impact of the New Deal and civil-liberties benchmarks of the 1960s. Meanwhile, a brief period of civil-rights activism, aspiring to full equality among races and ethnic groups, between men and women, and for all groups previously burdened by discrimination and denial of opportunity, was followed by an effort to co-opt the gains of the civil-rights era for a constitutional vision altogether different.
Course objectives:
1. convey knowledge about the American constitutional order from the late nineteenth-century to the present.
2. provide the historical background necessary to fully understand the constitutional issues of the present.
3. enable you to place the public-law controversies that you will confront in law school and in practice in a context that will help you understand them and resolve them knowledgeably and wisely.
Additional Information:
Credit Hours: 2
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: Yes
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Paper or In-Class Presentation: 30% of the course grade will be derived from a paper that is, in effect, a semester-long take-home exam based on the documents we will be discussing in the course.
Participation Points: Yes
Attendance Policy: Yes
Blackboard Course Site: Yes
Constitutional Law I
SLN #: 15945
Course Prefix: LAW-522
Course Section: 001
Credit Hours: 3
Instructor(s): Ogrady
Course Description:
The role of courts in the federal system; the distribution of powers between state and federal governments; separation of powers within the federal government.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Attendance Policy: Attendance is required
Constitutional Law I
SLN #: 15972
Course Prefix: LAW-522
Course Section: 002
Credit Hours: 3
Instructor(s): Clinton
Course Description:
This course examines the role of courts in the federal system; the powers of Congress; separation of powers within the federal government; and the distribution of powers between state and federal governments. While the course focuses on the interpretive approaches and principles that govern federal constitutional law, many of the principles are transferable to the interpretation of state constitutions.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Special Withdrawal Course: Yes - Required Course
Final Exam Given: Yes
Final Exam Type: In-Class
Mid Term or Other Exam: Yes
Participation Points: Yes
Attendance Policy: Attendance is required
Blackboard Course Site: Yes
Constitutional Law I
SLN #: 15975
Course Prefix: LAW-522
Course Section: 003
Credit Hours: 3
Instructor(s): Bender
Course Description:
The role of courts in the federal system; the distribution of powers between state and federal governments; separation of powers within the federal government.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Attendance Policy: Attendance is required
Constitutional Law II
SLN #: 15984
Course Prefix: LAW-625
Course Section: 001
Credit Hours: 4
Instructor(s): Weinstein
Course Description:
Additional Information:
Credit Hours: 4
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Constitutional Literacy
SLN #: 21031
Course Prefix: LAW-661
Course Section: 001
Credit Hours: 2/3
Instructor(s): Schatzki
Course Description:
This class is the academic complement to the Marshall-Brennan Constitutional Literacy Program in which law students, who have taken Constitutional Law II, teach constitutional law to high school students twice weekly through the semester. The class consists of open discussion of constitutional rights and cases, incorporating both current issues and hypothetical situations. Second- and third-year law students teach constitutional rights and responsibilities in public high schools, including a special curriculum on the history and future of democracy and the right to vote. Assessment is on a pass/fail basis consisting of attendance, participation, and presence and participation in the high school classes.
This class covers and proposes to provide in-depth and thought-provoking coverage of our constitutional rights and how to teach these rights to high school kids at South Mountain High School. Law students who teach in the high school will have to master the field in order to prepare for the unpredictable and stunningly sophisticated questions that can only come from the curious and uninhibited minds of teenagers. Constitutional Law II is a prerequisite to this class.
This program was created by American University and has been replicated in several law schools. There is a textbook, written for high school students, which will be the basis for the academic component here, and the text for the high school classes.
Additional Information:
Credit Hours: 2/3
Grading Option: Pass/Fail Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Prerequisite: Constitutional Law II
Final Exam Given: No
Construction Law
SLN #: 15957
Course Prefix: LAW-691
Course Section: 019
Credit Hours: 2
Instructor(s): Holden
Course Description:
This course, which focuses on practical construction law issues, is being taught by an experienced practicing lawyer. Topics that will be covered include: types of construction contracts; the basic relationships among the owners, architects/engineers, general constractors, subcontractors and material suppliers on a project; express and implied warranties; the role of the schedule and claims related to scheduling; change orders and concealed site condition claims; mechanics' liens, stop notices and other payment remedies; types of insurance and insurance coverage disputes on construction projects; proving damages; and the trial of a construction case and the use expert witnesses. The class will be taught using case studies and the case method; extensive student participation during class is expected.
Additional Information:
Credit Hours: 2
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Participation Points: Yes
Contract Drafting & Negotiating
SLN #: 26735
Course Prefix: LAW-691
Course Section: 020
Credit Hours: 3
Instructor(s): Chesler
Course Description:
This course provides students with the opportunity to learn the basic principles of contract drafting, interpretation, and negotiation. Emphasis will be placed on drafting contractual agreements that effectuate clients’ needs and anticipate potential legal problems. Students will be required to work independently and collaboratively to negotiate and draft a series of written contracts, such as a sales agreement, an employment agreement, and a settlement agreement. Students will also be required to perform research relating to the drafting of those contracts. On all of these assignments, students will receive feedback.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Written Assignment: Yes
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: Yes
Prerequisite: Legal Method & Writing, Legal Research & Writing, and Contracts
Limited Enrollment Number: 15
Final Exam Given: No
Mid Term or Other Exam: No
Paper or In-Class Presentation: Yes
Participation Points: Yes
Attendance Policy: Yes
Blackboard Course Site: Yes
Creative Writing for Lawyers
SLN #: 15896
Course Prefix: LAW-791
Course Section: 005
Credit Hours: 2
Instructor(s): Stuart
Course Description:
The core thesis underlying this course is that legal writing can be greatly improved by using many of the techniques fiction writers use. The notion of story, emotional vibrancy, and profluence are creative additions to otherwise drab legal writing.
The first class will be a 90-minute lecture/demonstration on how creative writing can aid and abet legal writing. The remaining seven classes will consist of a 20 minute lecture-discussion session and a 70-minute writing workshop.
Each student will write and post seven writing assignments on the class web site. We will critique one another’s writings every week (both on-line and in class).
All students must write. Students afflicted with writer’s block or unreliable Internet connections should not take this course. Reliable email service is essential. The class web site will run on Blackboard. All students should be familiar with the usual process of accessing, reviewing, and posting material to a Blackboard site.
This is a compressed class that will meet on Tuesdays for eight weeks beginning January 20. Last class will meet on March 10.
Additional Information:
Credit Hours: 2
Grading Option: Pass/Fail Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: No
Blackboard Course Site: Yes
Criminal Law
SLN #: 15893
Course Prefix: LAW-516
Course Section: 001
Credit Hours: 3
Instructor(s): Hessick
Course Description:
Basic principles of criminal liability. Acts and omissions (actus reus), mental states and negligence (mens rea), excuses (e.g., insanity), justifications (e.g., self defense)--all ultimately illustrated in a sample crime (usually homicide).
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Attendance Policy: Attendance is required
Criminal Law
SLN #: 15917
Course Prefix: LAW-516
Course Section: 002
Credit Hours: 3
Instructor(s): Sigler
Course Description:
Basic principles of criminal liability. Acts and omissions (actus reus), mental states and negligence (mens rea), excuses (e.g., insanity), justifications (e.g., self defense)--all ultimately illustrated in a sample crime (usually homicide).
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Attendance Policy: Attendance is required
Criminal Law
SLN #: 15949
Course Prefix: LAW-516
Course Section: 003
Credit Hours: 3
Instructor(s): Saks
Course Description:
Basic principles of criminal liability. Acts and omissions (actus reus), mental states and negligence (mens rea), excuses (e.g., insanity), justifications (e.g., self defense)--all ultimately illustrated in a sample crime (usually homicide).
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Attendance Policy: Attendance is required
Criminal Law
SLN #: 15986
Course Prefix: LAW-516
Course Section: 004
Credit Hours: 3
Instructor(s): Kittrie
Course Description:
Basic principles of criminal liability. Acts and omissions (actus reus), mental states and negligence (mens rea), excuses (e.g., insanity), justifications (e.g., self defense)--all ultimately illustrated in a sample crime (usually homicide).
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Attendance Policy: Attendance is required
Criminal Practice Clinic
SLN #: 15904
Course Prefix: LAW-774
Course Section: 001
Credit Hours: 6
Instructor(s): Zettler
Course Description:
Students enrolled in the Criminal Practice Clinic are responsible for prosecuting defendants charged with crimes within Maricopa County. Students are assigned to one of several City Prosecutors' offices or the County Attorney's office. Students are responsible for a full range of trial-related tasks, including interviews with victims, witnesses and police officers, pre-trial discovery, motion practice, and trial preparation all of which lead to the actual trying of the case. Students can expect to spend the maximum amount of time actually trying cases in the courtroom. The Clinic is structured so that students are initially assigned simple cases without defense attorneys to try. As the student gains experience, the student will be assigned more difficult cases. By the end of the semester each student should actually try a case to a jury. Faculty associate, Hugo Zettler, provides supervision of the Criminal Practice Clinic. The seminar component addresses various advocacy problems encountered by the students in court. It also includes simulation exercises in trial practice. Attendance at the seminar is mandatory. Evidence is a pre-requisite for the Criminal Practice Clinic. Trial Advocacy is not a prerequisite, but if students have been through this course, the skills are beneficial to students’ cases. Students may not take trial advocacy and the Criminal Practice Clinic within the same semester. Prior to signing up for the class, students must attend a Clinic Seminar meeting.
NOTE: Please see the Clinical Program website for more details: www.law.asu.edu/programs/clinic
Additional Information:
Credit Hours: 6
Grading Option: Pass/Fail Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: Yes
Prerequisite: Evidence
Special Withdrawal Course: Yes, last day to withdraw without special permission from the Executive Director of Clinical Programs is 2 weeks prior to the fisrt seminar class.
Limited Enrollment Number: 8
Final Exam Given: No
Attendance Policy: Mandatory
Criminal Procedure
SLN #: 15947
Course Prefix: LAW-604
Course Section: 001
Credit Hours: 3
Instructor(s): Kader
Course Description:
A study of constitutional criminal procedure with major emphasis on the Sixth Amendment's right to counsel, the Fifth Amendment's right against self-incrimination, and the Fourth Amendment's right to be free from unreasonable searches and seizures.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Written Assignment: No
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Prerequisite: No
Special Withdrawal Course: No
Limited Enrollment Number: No
Final Exam Given: Yes
Final Exam Type: In-Class
Mid Term or Other Exam: No
Paper or In-Class Presentation: No
Participation Points: Yes, per college policy
Attendance Policy: Yes, per college policy
Criminal Sentencing Seminar & Workshop
SLN #: 15910
Course Prefix: LAW-791
Course Section: 010
Credit Hours: 3
Instructor(s): Hessick
Course Description:
This course has two distinct components: a seminar and a sentencing workshop. The seminar will meet once a week. It will cover issues in sentencing theory and practice, including theories of punishment, aggravating and mitigating sentencing factors, mandatory minimum sentences, the Supreme Court’s Sixth Amendment sentencing cases, and Arizona state sentencing law. Attendance and class participation are mandatory, and each student is required to complete a 20-25 page seminar paper.
The sentencing workshop will meet all day on Friday, March 27 and Saturday, March 28, 2009. Workshop participants will include all students enrolled in the seminar and eight Maricopa County judges. In preparation for the workshop, students will be asked to read materials from actual criminal cases and prepare memoranda describing their views on appropriate sentences in those cases. In anticipation of the workshop, students will also be required to complete several short assignments. Assignments will include specific problem sets associated with the AZ sentencing statutes, writing a short trial level brief, and a simulated oral argument. Students will receive either written or oral feedback from the instructor on each of these assignments. Students MUST commit to attending the workshop in order to enroll in this course.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded Only
Written Assignment: Yes
Graduation Writing Requirement: Yes*
Seminar Writing Requirement: Yes*
Skills Requirement: Yes*
Note: Only one of the above listed requirements can be fulfilled with this course.
Prerequisite: Criminal Procedure is required. Advanced Criminal Procedure is recommended.
Limited Enrollment Number: 16
Final Exam Given: No
Mid Term or Other Exam: No
Paper or In-Class Presentation: Yes
Participation Points: Yes
Attendance Policy: Yes
Blackboard Course Site: Yes
Cults & Alt Religions Seminar
SLN #: 15966
Course Prefix: LAW-791
Course Section: 018
Credit Hours: 3/4
Instructor(s): Demaine
Course Description:
This seminar provides students an opportunity to study laws and policies governing cults. While the definition of a “cult” will be a topic of initial study in the seminar, it may be conceived of loosely as a group with a charismatic leader whose members are persuaded to relinquish their self-identities and material possessions in furtherance of the group’s goals. In addition to analyzing the definition of a “cult,” the first part of the seminar will be devoted to discussing the various types of cults, studying particular cults, and learning about cultic activities. The remainder of the seminar will cover domestic and foreign legal and policy issues generated by cults, including the legal rights of cultic organizations, anti-cult organizations, cult members, and cult members’ families. To the degree that religious movements falling outside the mainstream, coventional religions are conceptually similar to cults, they also will be covered. Only students fulfilling their Graduation Writing Requirement in the seminar are eligible to receive four credit hours; all others are eligible to receive three.
Given the changes to the registration system, it may not be apparent that there are a limited number of opportunities for students to register for this seminar even though the class is full. If you would like to take the seminar but were unable to register for it, please send me a short note to explain why you are interested in the class.
Additional Information:
Credit Hours: 3/4
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Written Assignment: Weekly
Graduation Writing Requirement: Yes*
Seminar Writing Requirement: Yes*
Skills Requirement: No
Note: Only one of the above listed requirements can be fulfilled with this course.
Limited Enrollment Number: 10
Final Exam Given: No
Mid Term or Other Exam: No
Paper or In-Class Presentation: Yes
Participation Points: Yes
Attendance Policy: Yes
Dean's Session on Study & Practice of Law
SLN #: 26725
Course Prefix: LAW-598
Course Section: 005
Credit Hours: 1
Instructor(s): Berman
Course Description:
Additional Information:
Credit Hours: 1
Grading Option: Pass/Fail Only
Skills Requirement: No
Death Penalty
SLN #: 15924
Course Prefix: LAW-691
Course Section: 006
Credit Hours: 3
Instructor(s): Baich
Course Description:
This course will survey the major constitutional and operational issues with respect to the death penalty in the United States. The required readings for each class will consist primarily of United States Supreme Court decisions, copies of the assigned cases (and on occasion other materials) can be obtained through the library. From time to time supplemental materials will be distributed in class. All students are expected to read the assigned cases and other materials prior to class.Grades in this class will be based on the final exam (75%) and on a class project (25%). For the class project, students will be expected to write a 10 page book review.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: No
Paper or In-Class Presentation: In-Class Presentation
Participation Points: Yes
Attendance Policy: Yes
Decedent's Estates
SLN #: 15921
Course Prefix: LAW-618
Course Section: 001
Credit Hours: 3
Instructor(s): Becker
Course Description:
Formerly known as "Trusts and Estates". The Decedent's Estates course will provide an overview of the law of intestacy, wills, probate and non-testamentary property transfers. This course focuses on common law and a comparison between the Uniform Probate Code and the Arizona statutes. Drafting issues and techniques are covered. The course is comprehensive, but does NOT cover complex estate planning or tax. This course is important for all second and/or third year law students. Every lawyer should have a working knowledge of wills and estates. This is also a major subject on most bar exams. This course will use the Dukeminier Johanson "Wills, Trusts and Estates" casebook, and will cover chapters 1 - 8 therein.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Participation Points: The professor will add up to 2 points for class participation.
Attendance Policy: Per the attendance policy in the Statement of Student Policies, Section III.
Blackboard Course Site: Yes
Empir Res/Legal Pol Issues Seminar (L)
SLN #: 15961
Course Prefix: LAW-791
Course Section: 015
Credit Hours: 3
Instructor(s): Ellman;Saks
Course Description:
What this course is about. Courts and legislative bodies rely on their beliefs about facts when they formulate legal policies: More police or longer sentences will deter crime; warning signs will discourage risky behavior; waiting periods will reduce divorce rates; malpractice liability will discourage physicians from practicing in certain fields; exposure to pornographic material, or cinematic violence, encourages antisocial behavior; juries can discern which witnesses are telling the truth; racially segregated education adversely affects African-American children. Those beliefs might be based on assumptions and intuitions, or on an understanding or misunderstanding of available scientific evidence. This seminar examines this process, with an emphasis on empirical knowledge available from scientifically sound social science research. The seminar is open to law students and to doctoral students in the social sciences; the goal is an equal enrollment of students from each of these two disciplinary groups. Social science students interested in policy-relevant research should find this seminar helpful in formulating such a research program, and in understanding how to present such research to policymakers. Law students will learn how to be intelligent consumers of social science data in their role as litigators or in government policymaking positions. Both groups of students will learn more about both the promise and the limits of social science research in the formulation of legal rules and policy.
This seminar is a core offering of the Center for the Study of Law, Science and Technology, and of that Center’s newly launched Law and Psychology Program. The seminar will accomplish its goals in several ways:
Presentations by Leading Law and Social Science Scholars. The seminar will be conducted in tandem with the Pedrick Social Science and Legal Policy Speaker Series. For the spring of 2009, the Pedrick Series speakers will be: Owen Jones, Professor of Law and Biology, Vanderbilt University; Jennifer Robenholt, Professor of Law and of Psychology, University of Illinois; Jeffrey Rachlinski, Professor of Law, Cornell University; Shari Diamond, Professor Law, Northwestern University; John Darley, Professor of Psychology, Princeton University, and Professors Sanford Braver (Psychology) and Ira Ellman (Law) of ASU. A brochure describing the speakers in more detail and providing the topic for each talk is available
here. The speakers will present their work at six Monday noon seminars attended by law faculty, psychology faculty, and the students enrolled in this seminar. Following this noon presentation, the speakers will meet with the class for an additional hour. To prepare for each of these visits, we will schedule short sessions in the week before each one for discussion of the speaker’s papers.
Student Projects. Students will work in two-person collaborative teams that combine one law student with one social science student. Each team will select a project, either from their own interests (in consultation with the faculty) or from a list of suggested possibilities that the instructors will provide. The purpose of each project is to survey, assess and assemble available social science research that is applicable to a particular legal policy question. We expect the law student to focus initially on the legal dimensions of the problem, crystalizing the legal issues and alternatives, while the graduate student will initially focus on reviewing the relevant social science literature, but we also desire that, with one another’s guidance, each student will also become involved in the other’s tasks. Topics can cover a wide range territory where society uses law to solve problems, including health, environment, family relations, children's issues, regulation of science, education, crime, and the civil justice system. In the final weeks of the course, each team will make one or more presentations to the class on their projects. Our ultimate goal is for papers of publishable quality that will in fact be submitted for publication to an appropriate journal.
Lectures and Discussions. To prepare students for their projects and for interactions with the visiting speakers, the instructors will present several introductory lectures, and lead discussions of some assigned readings. The focus here is to help law students think about how to read and evaluate social science data, and to help the social science students think about how to integrate data into the normative concerns that necessarily also guide policy. Good data may not settle the policy choice, but rather bring the normative debate into clearer focus (as the fog of empirical uncertainties lifts), making the conflict over values even sharper.
Enrollment is limited to 16 – eight law students and eight graduate students in the social and behavioral sciences. The instructors may give preference, in enrolling law students, to those with a background that would help them to collaborate productively with doctoral students in the social sciences in producing a publishable paper, but a background in the social sciences or statistics is not required. Students are welcome to bring to the instructors’ attention any aspect of their background that might bear on this judgment.
Additional Information:
Credit Hours: 3
Graduation Writing Requirement: Yes*
Seminar Writing Requirement: Yes*
Skills Requirement: No
Note: Only one of the above listed requirements can be fulfilled with this course.
Limited Enrollment Number: 8 law students and 8 graduate students
Final Exam Given: No
Paper or In-Class Presentation: Both
Participation Points: Yes
Attendance Policy: Regular attendance and preparation crucial
Blackboard Course Site: Yes
Employment Law
SLN #: 20950
Course Prefix: LAW-629
Course Section: 001
Credit Hours: 3
Instructor(s): Tiffen
Course Description:
The course is an overview of the laws applicable to the employment relationship. Subjects addressed include employment at will and job security, regulated discrimination in employment, concerted activities of employees, collective bargaining, safety issues and other statutory and common law regulation of the employment relationship.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Attendance Policy: Per College of Law Policy
Environmental Law
SLN #: 26761
Course Prefix: LAW-631
Course Section: 002
Credit Hours: 3
Instructor(s): Drazek
Course Description:
A survey of the principal themes in environmental regulation and policy, using cases and other materials arising under the various major environmental statutes. This course will explore the legal, policy, economic, scientific, and ethical aspects of environmental protection. Each class will focus on a different theme or program.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Attendance Policy: Regular Attendance Required
Evidence
SLN #: 15900
Course Prefix: LAW-605
Course Section: 001
Credit Hours: 4
Instructor(s): Dallyn
Course Description:
Evidence covers the basic rules that govern the admissibility of evidence in civil and criminal trial proceedings. The primary focus is on how the Federal Rules of Evidence operate in practice, with some attention to areas in which the Arizona Rules of Evidence differ from the Federal Rules. The course is taught by the problem method, with occasional simulations designed to illustrate how litigators deal with witness testimony and other forms of evidence at trial. This is a complex and difficult subject, but one that most practicing lawyers -- including non-litigators -- need to know; and it would be an especially tough subject to try to learn from scratch from a bar review course. Students should make every effort to take Evidence before taking Trial Advocacy or clinical courses
Additional Information:
Credit Hours: 4
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Participation Points: Yes
Attendance Policy: Yes
Evidence
SLN #: 15948
Course Prefix: LAW-605
Course Section: 002
Credit Hours: 3
Instructor(s): Plunkett
Course Description:
Evidence covers the basic rules that govern the admissibility of evidence in civil and criminal trial proceedings. The primary focus is on how the Federal Rules of Evidence operate in practice, with some attention to areas in which the Arizona Rules of Evidence differ from the Federal Rules. The course is taught by the problem method, with occasional simulations designed to illustrate how litigators deal with witness testimony and other forms of evidence at trial. This is a complex and difficult subject, but one that most practicing lawyers — including non-litigators — need to know; and it would be an especially tough subject to try to learn from scratch in a bar review course. Students should make every effort to take Evidence before taking Trial Advocacy or clinical courses.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Participation Points: Yes, up to 2
Attendance Policy: Attendance is required
Externship
SLN #: 15901
Course Prefix: LAW-785
Course Section: 001
Credit Hours: 1-12
Instructor(s):
Course Description:
Additional Information:
Credit Hours: 1-12
Grading Option: Pass/Fail Only
Skills Requirement: No
Fact Investigation Seminar
SLN #: 15887
Course Prefix: LAW-791
Course Section: 003
Credit Hours: 2
Instructor(s): Bartels
Course Description:
THIS IS A YEAR LONG SEMINAR.
ONLY STUDENTS WHO WERE ENROLLED IN THIS SEMINAR IN FALL 2008 CAN ENROLL IN THIS SEMINAR FOR THE SPRING 2009 SEMESTER.
The Fact Investigation Seminar will focus on the lawyering task that is the key to most civil and criminal cases. Topics will include planning and strategy; finding people and things; interviewing witnesses (and interrogating suspects); crime scene investigation; eye-witness identification; accident investigation/reconstruction; working with investigators; experts; forensic anthropology; determining the probative value of evidence; and ethical and other legal constraints. Class sessions will be a mixture of polite Socratic dialogue, simulations, and guest speakers. Some classes will be held at the Mesa Police Department and/or the Tempe Police Department. The Seminar will be a two-semester, four-credit sequence. Students enrolling in the fall will be required to enroll in the spring as well. Grades will be based primarily on papers that meet the Seminar Writing Requirement, and secondarily (but significantly) on class participation. The pass/fail option will be available.
Additional Information:
Credit Hours: 2
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: Yes
Skills Requirement: No
Special Withdrawal Course: Enrollment for both semesters required.
Limited Enrollment Number: 16
Final Exam Given: No
Paper or In-Class Presentation: Yes, Seminar Writing Requirement
Participation Points: Approximately 25 - 40% of grade.
Family Law
SLN #: 15892
Course Prefix: LAW-612
Course Section: 001
Credit Hours: 3
Instructor(s): Ellman
Course Description:
The law of marriage and divorce is the primary focus of this course. This includes the law governing entry into marriage, the legal consequences of being married, and the dissolution of the marital status. Topics include: the division of property, spousal maintenance and child support, child custody arrangements, antenuptial and separation agreements, and jurisdictional issues. Non-traditional families are also considered, including marriage between same-sex partners, the rights and obligations of unmarried cohabitants, and the establishment of paternity rights and obligations. Relevant Arizona Statutes are referred to throughout the course where appropriate as examples, but the course is not limited to Arizona law.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Participation Points: Yes
Attendance Policy: Preparation and attendance is expected
Blackboard Course Site: Yes
Federal Courts
SLN #: 26953
Course Prefix: LAW-613
Course Section: 001
Credit Hours: 3
Instructor(s): Berch
Course Description:
An intensive examination of federal jurisdiction and the allocation and distribution of judicial power. Specific areas of inquiry will include: Issues in judicial review. Congressional power to control jurisdiction. Relationship of state and federal courts. Supreme Court appellate jurisdiction. District Court jurisdiction. State sovereign immunity. Abstention. Anti-injunction statute and principles of federalism.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Mid Term or Other Exam: Possibly a midterm
Federal Criminal Practice &Procedure
SLN #: 26738
Course Prefix: LAW-691
Course Section: 023
Credit Hours: 2
Instructor(s): Sands
Course Description:
This is a clinical class that teaches fundamental federal practice and procedure. The paradigm uses a simulated federal criminal case. Half of the class will act as prosecutors throughout the class; the other half, of course, will be defense attorneys. The case will begin with the arrest of the defendant, and culminate in a trial at the end of the semester. We will separately simulate federal sentencing procedures. This is a hands-on class intended to get students on their feet. Attendance and class participation is required.
Additional Information:
Credit Hours: 2
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Written Assignment: Yes
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: Yes
Prerequisite: Evidence and Criminal Procedure are encouraged
Final Exam Given: No
Paper or In-Class Presentation: Yes
Participation Points: Yes
Attendance Policy: Mandatory
Federal Income Taxation
SLN #: 15931
Course Prefix: LAW-606
Course Section: 001
Credit Hours: 4
Instructor(s): Kornhauser
Course Description:
The Federal income tax touches virtually every aspect of modern American life. Practicing lawyers, regardless of their area of expertise, need a basic understanding of the structure and vocabulary of the tax code as well as the interplay of statute, administrative pronouncements and case law. This course introduces students to key concepts and issues in individual federal taxation such as what is income, capital recovery and the treatment of capital gains. Through the use of the problem method, the course develops the critical skills necessary to read and analyze any statutory language.
Additional Information:
Credit Hours: 4
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Participation Points: Professor may add or subtract up to 2 points for classroom participation.
Federal Indian Law II
SLN #: 20991
Course Prefix: LAW-704
Course Section: 001
Credit Hours: 3
Instructor(s): Clinton
Course Description:
This course surveys legal issues surrounding the ownership and development of Indian lands and resources. Included in that survey are issues regarding treaty rights, property rights, water rights, hunting and fishing rights, natural resources development, and environmental issues in Indian Country. This course does not require a working knowledge of the jurisdictional questions surveyed in Federal Indian Law I, although some background, either from that course or review of William Canby, American Indian Law in a Nutshell is helpful.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Written Assignment: Yes--See Syllabus
Graduation Writing Requirement: Yes, With Instructor's Approval
Seminar Writing Requirement: No
Skills Requirement: No
Prerequisite: None -- Federal Indian Law I helpful
Final Exam Given: Yes--See Syllabus
Final Exam Type: Take-Home
Mid Term or Other Exam: Possible--See Syllabus
Participation Points: Yes--See Syllabus
Attendance Policy: Yes--See Syllabus
Blackboard Course Site: Yes
First Amendment Seminar
SLN #: 26741
Course Prefix: LAW-791
Course Section: 023
Credit Hours: 2/3
Instructor(s): Weinstein
Course Description:
The first few sessions will be spent reading basic cases on free speech prepared by the instructor. The seminar will then cover topics in free speech to be selected by the class and the instructor. Suggested topics include regulation of hate speech and hate crimes, campus codes, a detailed examination of the Supreme Court's obscenity doctrine, recent attempts to regulate pornography not qualifying as obscene, free speech implications of regulating sexually harassing speech in the workplace, and First Amendment obstacles to campaign financing reform.
Sessions at the end of the semester will be devoted to discussions of drafts or outlines of student papers.
Attendance is mandatory.
Additional Information:
Credit Hours: 2/3
Grading Option: Pass/Fail Only
Graduation Writing Requirement: Yes, With Instructor's Approval*
Seminar Writing Requirement: Yes*
Skills Requirement: No
Note: Only one of the above listed requirements can be fulfilled with this course.
Final Exam Given: No
Attendance Policy: Mandatory
Gideon Fellowship
SLN #: 26970
Course Prefix: LAW-791
Course Section: 027
Credit Hours: 5
Instructor(s):
Course Description:
See Website: http://www.law.asu.edu/files/Clinics/gideon%20fellowship.ppt#268,7,Federal Public Defender’s Office
Additional Information:
Credit Hours: 5
Seminar Writing Requirement: No
Skills Requirement: Yes
High Technology Licensing
SLN #: 15964
Course Prefix: LAW-791
Course Section: 017
Credit Hours: 2
Instructor(s): Curci
Course Description:
Intellectual property/technology licensing is becoming increasingly pervasive in virtually every industry sector as companies increasingly license their own intellectual property/technology to others or license-in intellectual/property technology from third parties. In this course, we will examine the issues associated with various aspects of intellectual property/technology licensing. We will examine key aspects of patent, copyright (primarily software) and trademark licenses. We will also explore beta test arrangements, confidentiality/non-disclosure agreements, and agreements that provide that a company retains/obtains IP ownership in technology develops by employees and third party developers. We will also look at technology licensing issues associated with industry-sponsored technology standards-setting organizations/consortia and with technology transfer arrangements used by universities/research institutes to commercialize their inventions. The course will have a strong focus on the review and discussion of various license agreements with an emphasis on developing practical drafting and negotiation skills needed for licensing attorneys.
Additional Information:
Credit Hours: 2
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Prerequisite: Patent Law or Intellectual Property are recommended.
Final Exam Given: No
Paper or In-Class Presentation: Required Paper
Participation Points: Yes
Attendance Policy: Attendance is required. Per the College of Law policy students can be withdrawn for excessive absence.
Blackboard Course Site: Yes
Honors Seminar
SLN #: 25604
Course Prefix: LAW-394
Course Section: 004
Credit Hours: 3
Instructor(s): Lynk
Course Description:
Additional Information:
Credit Hours: 3
Skills Requirement: No
Immigration Law & Policy Clinic
SLN #: 20961
Course Prefix: LAW-778
Course Section: 001
Credit Hours: 6
Instructor(s): Cruz
Course Description:
The Immigration Law & Policy Clinic is a live-client clinic where students represent immigrants, particularly children, in immigration proceedings before the Citizenship and Immigration Services (formerly INS), state dependency court, and the immigration courts. The clinic classroom component exposes students to traditional trial techniques (witness examination, brief writing, closing arguments,etc) and training on representation of diverse populations, including units on working with translators, cross-cultural representation, and multi-cultural sensitivities. The clinic's litigation component requires students to work with statutes, cases, and international sources. Students also collaborate with psychologists, social workers, translators, and experts to develop their motions, briefs, and witness examinations. Finally, students engage in community lawyering projects such as community education and policy research.
Additional Information:
Credit Hours: 6
Grading Option: Numerically Graded Only
Written Assignment: As needed for case
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: Yes
Prerequisite: There are no class pre-requisites and Spanish is NOT required.
Special Withdrawal Course: Cannot withdraw without permission
Limited Enrollment Number: Must submit a statement of intent to professor prior to being permitted to enroll.
Final Exam Given: No
Paper or In-Class Presentation: None
Attendance Policy: Mandatory
Blackboard Course Site: Yes
Independent Study
SLN #: 15886
Course Prefix: LAW-781
Course Section: 001
Credit Hours: 1-3
Instructor(s):
Course Description:
Additional Information:
Credit Hours: 1-3
Skills Requirement: No
Indian Law & Taxation
SLN #: 15929
Course Prefix: LAW-691
Course Section: 008
Credit Hours: 2
Instructor(s): Irvine
Course Description:
This course deals with issues of federal, state, and tribal taxation within Indian country. The course will survey the leading cases, statutes and administrative rulings. Transactional problems and tax planning opportunities will also be discussed.
Federal Indian Law I or Federal Income Tax is a prerequisite to this course. Federal Indian Law I provides a general background for the concepts of sovereignty and federal preemption that are more fully developed in this course as specifically applied to tax issues. This course will apply the general concepts to situations that frequently arise for Indian law practioners.
Additional Information:
Credit Hours: 2
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Prerequisite: Federal Indian Law I or Federal Income Tax
Final Exam Given: Yes
Final Exam Type: In-Class
Paper or In-Class Presentation: Short Paper
Participation Points: Per College of Law Policy
Attendance Policy: Per College of Law Policy
Indian Legal Clinic
SLN #: 20959
Course Prefix: LAW-776
Course Section: 001
Credit Hours: 6
Instructor(s): Ferguson
Course Description:
The Indian Legal Clinic provides students with the opportunity to work under the supervision of an experienced faculty supervisor to gain practical experience (1) working on real cases involving issues of tribal law and federal Indian law, and (2) representing real clients in tribal, state, and federal court, as well as in administrative proceedings. The Clinic’s practice is broad: students will have the opportunity to work on civil and criminal cases, and also do policy and transactional work. Clinic students handle all aspects of law practice, including time-keeping; client interviewing and counseling; drafting pleadings, motions, briefs, opinion letters and contracts; appearing in court; conducting discovery; and conducting trials, mediations, and arbitrations. There is also an advanced seminar component of the Clinic based on simulation exercises designed to help students develop trial skills including advanced interviewing, fact investigation, case theory development, client counseling, discovery, negotiation, ADR, and courtroom advocacy. Clinic students participate in weekly staff meetings to discuss pending cases and potential new cases.
Attendance at seminars and staff meetings is mandatory. Students are expected to complete 20 hours of Clinic work per week which includes client work, seminar work, and Clinic meetings. Student-attorneys are also required to attend weekly staff meetings. Students will be required to attend trainings outside of regularly-scheduled class throughout the semester.
The Clinic is a graded 6-credit course with no pass/fail option available. Enrollment is limited to 5 students and Federal Indian Law I is a co-requisite--it can be taken before enrollment in the Clinic or at the same time. Students are encouraged to take Evidence prior to enrolling in the Indian Legal Clinic. The Indian Legal Clinic is required for students participating in the Indian Law Certificate program.
Additional Information:
Credit Hours: 6
Grading Option: Numerically Graded Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Prerequisite: Federal Indian Law is a corequisite; Evidence is encouraged
Special Withdrawal Course: No withdrawals after the beginning of the semester
Limited Enrollment Number: 5
Final Exam Given: No
Attendance Policy: Attendance required at all seminars and staffings
Blackboard Course Site: Yes
Indian Legal Research
SLN #: 15897
Course Prefix: LAW-691
Course Section: 001
Credit Hours: 1
Instructor(s): Difelice
Course Description:
This course will teach students how to research Federal Indian law and tribal law issues. In addition to providing instruction about how to use particular research tools and sources, this course will teach students how to analyze research problems and how and why to use particular types of sources in their legal analysis. Students will have several research assignments to complete, and the instructors will provide feedback on each assignment. Instructors: Beth DiFelice, Tamara Herrera, and Alison Ewing.
Additional Information:
Credit Hours: 1
Grading Option: Pass/Fail Only
Written Assignment: Yes
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: Yes
Blackboard Course Site: Yes
Insurance Law
SLN #: 15946
Course Prefix: LAW-691
Course Section: 016
Credit Hours: 3
Instructor(s): Schulman
Course Description:
This course provides an introduction to insurance law principles, insurance litigation, and the practical realities of dealing with the insurance industry. The class will cover various types of insurance coverage, with an emphasis on insurance's role in the commercial context, including bad faith claims, excess and surplus lines issues, business interruption claims, reinsurance, regulatory matters, understanding policy forms and their interpretation, the role and rendering of coverage opinions, and significant issues lawyers inevitably face when dealing with insurance issues. The course is designed to be broad-based in its scope of inquiry.
Additional Information:
Credit Hours: 3
Grading Option: Pass/Fail Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
International Business Transactions
SLN #: 26739
Course Prefix: LAW-768
Course Section: 001
Credit Hours: 4
Instructor(s): Fellmeth
Course Description:
An introduction to the U.S., foreign and international law regulating cross-border business transactions and to the structure of cross-border business deals. Topics include: regulation of imports and exports of goods and services; foreign direct investment; international corporate formation, mergers, acquisitions and reorganizations; international protection of intellectual property; international employment law issues; cross-border lending; international antitrust; and international dispute resolution options. Because international transactions are becoming an increasingly important part of every kind of transactional and administrative law, this course should prove useful to most students who intend to practice in any field of corporate, commercial, or regulatory law.
Additional Information:
Credit Hours: 4
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Prerequisite: Contracts and either Business Organizations or Business Associations I
Final Exam Given: Yes
Final Exam Type: In-Class
Participation Points: Up to 3
Attendance Policy: Standard
Blackboard Course Site: Yes
International Human Rights Law
SLN #: 26781
Course Prefix: LAW-691
Course Section: 024
Credit Hours: 3
Instructor(s): Dickinson
Course Description:
This class will provide an overview of the international human rights law system. We will examine the primary substantive standards that comprise the core of international human rights law, such as rights to a fair trial and to be free from genocide, torture, summary execution, arbitrary arrest and detention, and discrimination. We will also examine so-called “second-generation rights,” such as economic, social, and cultural rights. We will study the primary institutions and processes for the enforcement of such rights: treaty monitoring bodies, the regional human rights courts and commissions, the United Nations institutions, including the Human Rights Commission and the Security Council, domestic implementation through legislative and judicial mechanisms, as well as through inter-governmental diplomacy, reporting, and the mobilization of shame by non-governmental organizations. And, we will examine the explosion of international criminal tribunals, beginning with an examination of the Nuremberg trials, then a look at the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, and the new International Criminal Court.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Attendance Policy: Yes
Int'l Environmental Law
SLN #: 15928
Course Prefix: LAW-691
Course Section: 010
Credit Hours: 3
Instructor(s): Abbott
Course Description:
International environmental law has expanded dramatically since 1972. With the increasing attention being given to global climate change and the idea of sustainable development, it is again taking center stage in international relations and increasingly in US policy, with the recent appointment of a national climate coordinator. This course will introduce the history, theory, principles and mechanisms of international environmental law. It will consider how to create and structure legal instruments and procedures that can deal effectively with the challenges of global sustainable development. Since the field is so vast, we will concentrate on two substantive areas: the international law of the atmosphere, including air pollution, the ozone layer and climate change; and the international law of biodiversity, including biodiversity in general, endangered species and habitat protection.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Prerequisite: N/A
Final Exam Given: yes
Final Exam Type: Take-Home
Mid Term or Other Exam: possible
Paper or In-Class Presentation: yes, short memos with in-class reports
Participation Points: 10%
Attendance Policy: included in participation points
Blackboard Course Site: Yes
Judicial Externship
SLN #: 15938
Course Prefix: LAW-785
Course Section: 002
Credit Hours: 1-6
Instructor(s): Plunkett
Course Description:
Additional Information:
Credit Hours: 1-6
Grading Option: Pass/Fail Only
Skills Requirement: No
Jurimetrics Journal
SLN #: 15923
Course Prefix: LAW-771
Course Section: 001
Credit Hours: 1-3
Instructor(s):
Course Description:
Additional Information:
Credit Hours: 1-3
Skills Requirement: No
Land Use Planning
SLN #: 15973
Course Prefix: LAW-636
Course Section: 001
Credit Hours: 2
Instructor(s): Gammage;Artigue
Course Description:
This course focuses on governmental regulation of land use and real estate development. Coverage will include a heavy emphasis on constitutional aspects of land use regulation. The bulk of the course will deal with zoning, including inverse condemnation, zoning administration, variances, rezoning, nonconforming uses, exclusionary zoning (density and building size restrictions and use restriction). We will also cover aesthetic and architectural control, landmark preservation, subdivision regulation, and regulation of urban growth.
Additional Information:
Credit Hours: 2
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Participation Points: Yes
Attendance Policy: Yes
Law & Literature
SLN #: 26972
Course Prefix: LAW-791
Course Section: 028
Credit Hours: 2/3
Instructor(s): Murphy
Course Description:
The seminar will explore works of literature--novels, short stories, plays, etc.--that raise important issues of law and justice. The primary, but not exclusive, emphasis will be on works concerned with punishment and responsibility. The seminar will begin with a discussion of Herman Melville's novella BILLY BUDD, SAILOR. (This novella was left unfinished at Melville's death, and many versions have been published. For this seminar, it is important that the student have the ordered edition that uses the reading text prepared by Hayford and Sealts.) After Melville, we will discuss some ancient texts such as Greek tragedies and perhaps the Book of Job. ("The past is a foreign country. They do things differently there.") and will conclude with some contemporary literature. Some of the writers that have been covered in the past: Aeschylus, Sophocles, Plato, Shakespeare, von Kleist, Camus, and Duerrenmatt.
Additional Information:
Credit Hours: 2/3
Grading Option: Numerically Graded Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Prerequisite: None
Special Withdrawal Course: No
Limited Enrollment Number: Seminar: Limited to 15 students
Final Exam Given: Yes
Final Exam Type: Take-Home
Paper or In-Class Presentation: Students wishing to earn 3 rather than 2 credits must submit a brief paper in addition to the take home examination
Participation Points: Yes
Attendance Policy: Students who miss one class will be cautioned. Students who miss two classes may be withdrawn with a grade of 64.
Law & the Regulatory State-Admin Law
SLN #: 15950
Course Prefix: LAW-598
Course Section: 002
Credit Hours: 3
Instructor(s): Hessick
Course Description:
This course will examine the role of Congress and administrative agencies in creating law. The course will focus on the legislative process, the role of administrative agencies in implementing legislation, and the relationship between the courts, Congress, and agencies. Heavy emphasis will be placed on statutory interpretation.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Law & the Regulatory State-IP
SLN #: 15955
Course Prefix: LAW-598
Course Section: 003
Credit Hours: 3
Instructor(s): Sylvester
Course Description:
This course will survey the laws conventionally grouped as “intellectual property,” with a focus on patents, copyrights, and trademarks. The policy rationales for each body of law will be explored. The course will be particularly relevant for two types of students: (i) those who are unsure they want to specialize in IP and want a general introduction, and (ii) those who do not have room in the schedules to take all of the upper-level offerings here at ASU.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Attendance Policy: Attendance is required
Law & the Regulatory State-Tax
SLN #: 15941
Course Prefix: LAW-598
Course Section: 001
Credit Hours: 4
Instructor(s): Chodorow
Course Description:
Federal Income Tax Law and the Regulatory State. The Federal income tax touches virtually every aspect of modern American life. For practicing lawyers, a basic understanding of the structure and vocabulary of the tax code is critical. This course is designed to introduce students to the key concepts and issues in taxation, focusing primarily on the taxation of individuals. We will also focus on the regulatory state and its functioning within the tax sphere. Coursework will include review of specific code provisions, administrative materials, and important cases. It is the prerequisite for all other tax courses.
Additional Information:
Credit Hours: 4
Grading Option: Numerically Graded Only
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Law Journal
SLN #: 15902
Course Prefix: LAW-770
Course Section: 001
Credit Hours: 1-3
Instructor(s):
Course Description:
Additional Information:
Credit Hours: 1-3
Grading Option: Pass/Fail Only
Skills Requirement: No
Legal Analysis
SLN #: 15980
Course Prefix: LAW-598
Course Section: 004
Credit Hours: 3
Instructor(s): Rosen
Course Description:
The curricular focus of Legal Analysis includes learning style theory, approaches to legal thinking, methods of Socratic dialogue, approaches to casebook reading, techniques for briefing, organization of essay exams, strategies for multiple choice tests, and structures for outlining. We will also address broad, general skills, including self-regulated learning techniques and modes of synthesis for doctrinal material. All coursework is administered in a skill-test-skill format and includes lectures, Socratic dialogue, group discussion, essay exercises, peer reviews, and professor led group and individual feedback sessions. The class will conclude with optional collaborative review groups which will meet during reading week and will use a structured format to discuss relationships within and overall themes of first year doctrinal courses.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Prerequisite: None.
Limited Enrollment Number: 20
Final Exam Given: No.
Legal Issues in Sustainability
SLN #: 26742
Course Prefix: LAW-791
Course Section: 024
Credit Hours: 2/3
Instructor(s): Askland
Course Description:
Legal Issues in Sustainability. Spring 2009. To be taught by Andrew Askland, Sandra Day O'Connor College of Law and Jon Fink, Global Institute of Sustainability. Any definition of sustainability implicates substantive law and legal process. This course addresses law as potentially both an enabler and an impediment to the identification and adoption of sustainable practices. While law often focuses on discrete cases and problems, this class looks at the intended and unintended impacts of the law on systems, i.e., environmental, social and economic systems. This class does not focus on statutory frameworks and interpretation, as does an environmental law class. Instead, it integrates law within the larger orienting goal and perspective of sustainability.
The course will consist of 13 two-hour classes. Each class will feature a presentation by scholars from Law, the School of Sustainability, and other departments, and also community experts . The second hour will be guided discussion of issues generated by the presentation and by assigned readings.
Students will be evaluated on the basis of class participation, responses to readings, and a seminar paper. Topics to be addressed include:
Extents and limits of property rights
Natural resource and water policies
Energy issues, e.g., cap and trade, licenses for nuclear power
Food production laws and policies
Effective levels of governance/Federalism
Immigration
Biodiversity and conservation
Emerging technologies
Environmental justice/corruption
Theories of economic development and globalization
Additional Information:
Credit Hours: 2/3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Written Assignment: See course description
Graduation Writing Requirement: Yes, With Instructor's Approval
Seminar Writing Requirement: No
Skills Requirement: No
Mid Term or Other Exam: See course description
Paper or In-Class Presentation: See course description
Participation Points: See course description
Attendance Policy: See course description
Legal Research & Writing
SLN #: 15898
Course Prefix: LAW-524
Course Section: 001
Credit Hours: 2
Instructor(s): Noreuil
Course Description:
This two-credit course builds on the skills learned in the first semester Legal Method and Writing course. The principal focuses of this course are to teach students the basics of: 1) persuasive writing; 2) oral advocacy; 3) Bluebook citation format; and 4) electronic research skills. In addition, this course reinforces legal analysis, organizational skills, and basic legal research skills.
Additional Information:
Credit Hours: 2
Grading Option: Numerically Graded Only
Written Assignment: Yes
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Paper or In-Class Presentation: Yes
Participation Points: Yes
Attendance Policy: Yes
Blackboard Course Site: Yes
Legal Research & Writing
SLN #: 15905
Course Prefix: LAW-524
Course Section: 002
Credit Hours: 2
Instructor(s): Langenfeld
Course Description:
This two-credit course builds on the skills learned in the first semester Legal Method and Writing course. The principal focuses of this course are to teach students the basics of: 1) persuasive writing; 2) oral advocacy; 3) Bluebook citation format; and 4) electronic research skills. In addition, this course reinforces legal analysis, organizational skills, and basic legal research skills.
Additional Information:
Credit Hours: 2
Grading Option: Numerically Graded Only
Written Assignment: Yes
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Paper or In-Class Presentation: Yes
Participation Points: Yes
Attendance Policy: Yes
Blackboard Course Site: Yes
Legal Research & Writing
SLN #: 15914
Course Prefix: LAW-524
Course Section: 003
Credit Hours: 2
Instructor(s): Dowdell
Course Description:
This two-credit course builds on the skills learned in the first semester Legal Method and Writing course. The principal focuses of this course are to teach students the basics of: 1) persuasive writing; 2) oral advocacy; 3) Bluebook citation format; and 4) electronic research skills. In addition, this course reinforces legal analysis, organizational skills, and basic legal research skills.
Additional Information:
Credit Hours: 2
Grading Option: Numerically Graded Only
Written Assignment: Yes
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Paper or In-Class Presentation: Yes
Participation Points: Yes
Attendance Policy: Yes
Blackboard Course Site: Yes
Legal Research & Writing
SLN #: 15916
Course Prefix: LAW-524
Course Section: 004
Credit Hours: 2
Instructor(s): Chesler
Course Description:
This two-credit course builds on the skills learned in the first semester Legal Method and Writing course. The principal focuses of this course are to teach students the basics of: 1) persuasive writing; 2) oral advocacy; 3) Bluebook citation format; and 4) electronic research skills. In addition, this course reinforces legal analysis, organizational skills, and basic legal research skills.
Additional Information:
Credit Hours: 2
Grading Option: Numerically Graded Only
Written Assignment: Yes
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Paper or In-Class Presentation: Yes
Participation Points: Yes
Attendance Policy: Yes
Blackboard Course Site: Yes
Legal Research & Writing
SLN #: 15988
Course Prefix: LAW-524
Course Section: 005
Credit Hours: 2
Instructor(s): Sperling
Course Description:
This two-credit course builds on the skills learned in the first semester Legal Method and Writing course. The principal focuses of this course are to teach students the basics of: 1) persuasive writing; 2) oral advocacy; 3) Bluebook citation format; and 4) electronic research skills. In addition, this course reinforces legal analysis, organizational skills, and basic legal research skills.
Additional Information:
Credit Hours: 2
Grading Option: Numerically Graded Only
Written Assignment: Yes
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Paper or In-Class Presentation: Yes
Participation Points: Yes
Attendance Policy: Yes
Legal Research & Writing
SLN #: 15940
Course Prefix: LAW-524
Course Section: 006
Credit Hours: 2
Instructor(s): Stinson
Course Description:
This two-credit course builds on the skills learned in the first semester Legal Method and Writing course. The principal focuses of this course are to teach students the basics of: 1) persuasive writing; 2) oral advocacy; 3) Bluebook citation format; and 4) electronic research skills. In addition, this course reinforces legal analysis, organizational skills, and basic legal research skills.
Additional Information:
Credit Hours: 2
Grading Option: Numerically Graded Only
Written Assignment: Yes
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Paper or In-Class Presentation: Yes
Participation Points: Yes
Attendance Policy: Yes
Blackboard Course Site: Yes
Legislative Externship
SLN #: 15956
Course Prefix: LAW-785
Course Section: 003
Credit Hours: 1-6
Instructor(s):
Course Description:
Additional Information:
Credit Hours: 1-6
Grading Option: Pass/Fail Only
Skills Requirement: No
LLM in Tribal Policy, Law & Government Seminar
SLN #: 15977
Course Prefix: LAW-791
Course Section: 021
Credit Hours: 1
Instructor(s): Tsosie;Bledsoe-Downes
Course Description:
Additional Information:
Credit Hours: 1
Grading Option: Pass/Fail Only
Skills Requirement: No
LLM Thesis
SLN #: 26736
Course Prefix: LAW-691
Course Section: 021
Credit Hours: 1-6
Instructor(s):
Course Description:
Additional Information:
Credit Hours: 1-6
Skills Requirement: No
Mass Tort Litigation
SLN #: 26728
Course Prefix: LAW-647
Course Section: 001
Credit Hours: 3
Instructor(s): Grey
Course Description:
This course examines the unique procedural and substantive issues that arise in mass tort litigation. Mass torts, involving hundreds or sometimes thousands of repetitive, individual tortious injury claims, continue to dominate the civil litigation docket as courts grapple with the compelling set of legal and social problems that arise from these torts. Using examples from litigation including asbestos, the Dalkon Shield device, DES, tobacco, Agent Orange, and silicone breast implant cases, the course will explore such procedural devices as class actions, the multi-district litigation statute, the Class Action Fairness Act, and joint trials. It will also focus on problems relating to substantive tort and products liability law, including proving causation and the use of scientific evidence. More generally, it will examine the difficult professional ethics questions that arise in these cases as well as alternative methods of resolving this type of litigation.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Participation Points: Yes
Attendance Policy: Mandatory
Mediation Clinic
SLN #: 15967
Course Prefix: LAW-775
Course Section: 001
Credit Hours: 6
Instructor(s): Hinshaw II
Course Description:
The Mediation Clinic provides a unique opportunity for students to learn about alternatives to litigation while gaining practical experience in the mediation process. The objectives of the Mediation Clinic include helping students develop a broad perspective of the role of law and lawyers in our society, a better understanding of alternative dispute resolution (ADR) processes, and enhanced skills in communication, negotiation and problem-solving.
The instructors use an interdisciplinary approach, and a limited number of graduate students from disciplines outside the law school will be allowed to enroll each semester. Students should expect to spend, on average, 4-5 hours per week on out-of-class assignments, primarily serving as a co-mediator in a local Justice Court, observing professional mediations, or participating in other dispute resolution programs on and off campus. To schedule these out-of-class assignments, students must have at least 2 four-hour blocks of free time during business hours - full mornings (8 AM-noon) or full afternoons (1-5 PM) - excluding Friday afternoons. It is highly recommended to have at least one block of time during morning hours.
In addition to regular class meetings, there will be three training sessions scheduled for Thursday, January 15, 9am - 5pm; and Friday January 16, 9am - 5pm, and Saturday January 24, 9am – 5pm. Attendance is mandatory for all classes and the skills workshops. There will be no final examination, but students will be asked to write reflective essays following each out-of-class experience and will make a presentation to the entire class. The Mediation Clinic will count toward the 66 credit requirement for Order of the Coif. Additionally, students must pass a background check before being allowed to mediate in the Justice Court Mediation Program.
NOTE: Students interested in taking the course must submit a one page statement of intent and meet with Professor Hinshaw prior to being permitted to enroll. The statement of intent is due to Suzanne Lynn in Room 265 by November 7th and should explain why the student is interested in enrolling in the Mediation Clinic. The meetings with Professor Hinshaw will take place November 12th, 13th, and 14th.
Additional Information:
Credit Hours: 6
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: Yes
Mental Health Law Seminar
SLN #: 15930
Course Prefix: LAW-791
Course Section: 012
Credit Hours: 2/3
Instructor(s): Demaine
Course Description:
This seminar will provide students an opportunity to study a wide range of topics in current and past American mental health law. Topics covered in the seminar may include therapeutic jurisprudence; civil commitment, guardianship, and involuntary treatment; criminal prosecution and sentencing of the mentally ill, including the evaluation and weighing of claims of insanity in the criminal process; employment and housing discrimination on the basis of mental illness; access to social services and benefits by the mentally ill; and the differential treatment of physical versus mental disabilities in American law. Scientific research on the topics of study will be incorporated so that students may understand the interplay between science and law in the mental health context and critically evaluate mental health law and policy.
Additional Information:
Credit Hours: 2/3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Written Assignment: Yes
Graduation Writing Requirement: Yes*
Seminar Writing Requirement: Yes*
Skills Requirement: No
Note: Only one of the above listed requirements can be fulfilled with this course.
Prerequisite: First year of grduate studies
Limited Enrollment Number: 8
Final Exam Given: No
Mid Term or Other Exam: No
Paper or In-Class Presentation: Yes
Participation Points: Yes
Attendance Policy: Yes
Moot Court Teams
SLN #: 26779
Course Prefix: LAW-791
Course Section: 026
Credit Hours: 1-4
Instructor(s):
Course Description:
Additional Information:
Credit Hours: 1-4
Grading Option: Pass/Fail Only
Skills Requirement: No
Nanotechnology Seminar
SLN #: 15911
Course Prefix: LAW-791
Course Section: 011
Credit Hours: 2
Instructor(s): Marchant
Course Description:
Nanotechnology is the next “big thing” in technology and the law. Nanotechnology is the science of the small – the ability to manipulate and utilize materials at the “nanoscale” level, where they display unique and beneficial characteristics. Nanotechnology is expected to revolutionize electronics, medicine, agriculture, materials science, consumer products, manufacturing, and many other industries. Already, several hundred nanotechnology products are on the market, and many more are currently being developed. May law firms have recently established nanotechnology practice groups to help service this rapidly emerging new industry. This seminar will provide an overview of the legal and policy issues relating to nanotechnology, including risk management, national and international regulation, intellectual property, privacy issues, and liability issues.
Additional Information:
Credit Hours: 2
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Written Assignment: Research paper
Graduation Writing Requirement: Yes*
Seminar Writing Requirement: Yes*
Skills Requirement: No
Note: Only one of the above listed requirements can be fulfilled with this course.
Final Exam Given: No
Paper or In-Class Presentation: Paper and Presentation Required
Participation Points: Yes
Attendance Policy: Included in Participation Points
Blackboard Course Site: Yes
Natural Resources Law
SLN #: 26764
Course Prefix: LAW-639
Course Section: 001
Credit Hours: 3
Instructor(s): Dworkin
Course Description:
Most of the great open spaces of the western United States - forests, mountains, and deserts - are owned by the federal government in the form of National Forests, National Parks, National Wildlife Refuges, and lands managed by the Bureau of Land Management (BLM). These publicly-owned lands are important sources of such commodities as timber, minerals, and oil and natural gas. They are also valued by the public for their natural scenery, recreational opportunities, wildlife, and wilderness qualities. Over the last several decades, these lands have been the scene of controversy and conflict over the environmental effects of logging, mining, livestock grazing, recreation, and other land uses. This course will cover the history of federal public land law, the administration of federal public lands, and the interpretation and application of the major federal laws affecting public land management, including the Endangered Species Act, the National Environmental Policy Act (NEPA), the Federal Land Policy and Management Act (FLPMA), the National Forest Management Act, the Wilderness Act, the Taylor Grazing Act, and the Mining Law of 1872.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: Take-Home
Negotiation
SLN #: 15936
Course Prefix: LAW-733
Course Section: 001
Credit Hours: 3
Instructor(s): Hinshaw II
Course Description:
This course examines all aspects of the negotiation process. Students will learn the principles and skills associated with interest-based negotiation by participating in a series of simulation exercises, both inside and outside of class. The simulations involve settlement and other types of negotiations in a wide variety of actions and will require substantial out-of-class preparation. The reading materials for the course include both theoretical literature and practice focused articles, and the class culminates in an extensive out of class negotiation simulation. Additionally, there are weekly journal writing assignments during the semester, a substantial out of class negotiation simulation near the end of the semester, and a mini-research paper due at the end of the semester.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: Yes
Neuroscience & Law Seminar
SLN #: 15913
Course Prefix: LAW-791
Course Section: 008
Credit Hours: 2/3
Instructor(s): Grey
Course Description:
Advances in the rapidly developing field of neuroscience have allowed scientists to develop new techniques in investigating the brain activity that underlies cognitive phenomena. We will look at ways in which these advances challenge the law both directly (such as changing the common law definition of death from the cardio-pulmonary standard to brain death) and indirectly (such as changing our views on mental retardation and criminal culpability.) Thus, we will examine how the various emerging neuroscientific findings and technologies could or should affect such topics as moral reasoning, criminal culpability, lie detection, bias detection, cognitive enhancement, and punishment. The first part of the course will explore the neurological definition of personhood, as well as the implications of monitoring and predicting human behavior. The second part of the course will focus on efforts to manipulate or modify the brain. We will also explore some of the challenging questions raised by the increasing use of brain scans as evidence in the courtroom.
Additional Information:
Credit Hours: 2/3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: Yes
Skills Requirement: No
Limited Enrollment Number: 15
Final Exam Given: No
Attendance Policy: Mandatory
Patent Litigation
SLN #: 15953
Course Prefix: LAW-691
Course Section: 017
Credit Hours: 2/3
Instructor(s): Burns
Course Description:
Increasingly, disputes arise over patent rights, and these disputes frequently lead to litigation. This course will explore the nature of patent disputes ---- how they arise, the issues involved, and how they are resolved. Students will follow an example of a patent dispute from its inception to its resolution. Topics to be covered include (a) initial communications that frame the dispute, such as license demands, cease and desist letters and responsive communications; (b) pre-litigation investigation to provide sufficient grounds for asserting a patent infringement claim; (c) pre-suit negotiations to attempt to resolve the dispute; (d) alternative dispute resolution options; (e) preparation of a patent infringement complaint; (f) defenses to patent infringement; (g) written discovery, including electronic discovery, applicable to patent infringement cases; (h) depositions in patent infringement cases; (i) preparation for a Markman hearing in which the Court will decide the meaning of the patent claims alleged to have been infringed; (j) circumstances warranting a motion for summary judgment; and (k) trial strategy. The course does not assume any prior knowledge of patent law. Accordingly, the course will provide an overview of patent law issues relevant to patent disputes. Prior completion of, and/or concurrent enrollment in, Civil Procedure is strongly preferred. Prior completion of, and/or concurrent enrollment in Evidence and/or an introductory course addressing patent law is desirable, but not required.
Additional Information:
Credit Hours: 2/3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Prerequisite: Civil Procedure
Final Exam Given: Yes
Final Exam Type: In-Class
Paper or In-Class Presentation: Optional 20 -30 page paper on relevant topic to be approved by the instructor required for 3 credits.
Participation Points: Per College of Law policy.
Patent Preparation & Prosecution
SLN #: 15959
Course Prefix: LAW-691
Course Section: 018
Credit Hours: 2
Instructor(s): Noblitt
Course Description:
The course is targeted at teaching the fundamental knowledge and skills required for preparing patent applications for filing at the U.S. Patent and Trademark Office (PTO) and pursuing them to issuance. The patent practitioner must be prepared to interview the inventor, learn the technology, and prepare the patent application. Further, the patent practitioner negotiates with the examiner and prosecutes the application. Clients expect the practitioner to provide useful counsel on how to pursue the application, options for appealing or otherwise overcoming adverse decisions, and protecting the technology from domestic and foreign competition. The course is designed to train the patent practitioner to understand the patent options for various technologies, clients, and situations. Students learn the basics of drafting patent applications, pursuing the patent application through the PTO process, meeting adverse decisions from the PTO, and maintaining the issued patent. The course also addresses anticipating litigation issues, protecting developing technologies, and pursuing patents abroad.”
Additional Information:
Credit Hours: 2
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: Yes
Prerequisite: Patent Law or Intellectual Property are recommended.
Final Exam Given: Yes
Final Exam Type: In-Class
Philosophy Honors Seminar
SLN #: 25958
Course Prefix: LAW-420
Course Section: 003
Credit Hours: 3
Instructor(s): Murphy
Course Description:
Additional Information:
Credit Hours: 3
Skills Requirement: No
Post-Conviction Clinic
SLN #: 15888
Course Prefix: LAW-791
Course Section: 001
Credit Hours: 6
Instructor(s): Popko
Course Description:
The Post-Conviction Clinic is the newest of the live-client clinics at the Sandra Day O’Connor College of Law. Students work to exonerate wrongfully convicted defendants and correct other manifest injustices such as convictions involving ineffective assistance of counsel and disproportionate sentencing. The Clinic may also review cases once actual innocence has been proven in an effort to understand how the wrongful convictions were reached, and to suggest ways to avoid the risk of such convictions in the future.
During the Spring 2009 Semester, the Clinic will focus on claims of factual innocence in murder, other non-negligent homicides, and forcible rape convictions where DNA evidence has the potential to exonerate an inmate. While doing so, the Clinic will work closely with the Arizona Justice Project, the Arizona Attorney General’s Office, and the Arizona Criminal Justice Commission in implementing a million-dollar federal Department of Justice DNA Testing Assistance Grant. Thus, students will have the opportunity to work collaboratively with inmates, defense lawyers, prosecutors, law enforcement, and investigators to exonerate wrongfully convicted individuals.
For more information about the course, see the Clinic’s webpage at www.law.asu.edu/clinic
Additional Information:
Credit Hours: 6
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: Yes
Limited Enrollment Number: 6
Final Exam Given: No
Paper or In-Class Presentation: Class presentations
Blackboard Course Site: Yes
Private Property Rights
SLN #: 15939
Course Prefix: LAW-657
Course Section: 001
Credit Hours: 3
Instructor(s): Birnbaum
Course Description:
This course will focus upon one of the most controversial topics in the law and a subject which has received considerable attention from the United States Supreme Court in recent years: the conflict between private property rights and the right of the government to acquire private property for public use or to regulate the use of private property in a manner which substantially limits its economic potential. The course will include a detailed review of the most important United States Supreme Court decisions (e.g., Penn Central, Nollan, Lucas, Dolan, Palazzolo,Tahoe and Lingle) which, in the context of so-called "regulatory takings” disputes, explore the circumstances in which government action may go "too far" and constitute a taking of private property without just compensation. The eminent domain process will also be discussed, including the United States Supreme Court's recent decision in Kelo v. City of New London. In addition, a unique section of the course will utilize the land acquisition litigation arising from the planning and construction of the Bank One Ballpark/Chase Field project (Phoenix, Arizona) as a case study. Pleadings from the appellate proceedings will supplement course materials and will focus on the purposes for which private property may be condemned. The course instructor was the principal trial and appellate attorney for the Maricopa County Stadium District. The course will also examine the nature and history of title insurance and the role of title insurance in protecting private property rights. Unlike other courses which focus solely on a limited area of substantive law or, alternatively, on procedural or evidentiary considerations, this innovative course explores all aspects of "takings" law from the evolution of the substantive law through the tactics and strategies often employed at trial and in land use planning decisions. The format will be principally lecture, with lively group discussion anticipated. The course is recommended for future trial attorneys (government and private), for prospective real estate and land use lawyers, and for others with an academic interest in understanding the law and history behind the headlines.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Professional Responsibility
SLN #: 15920
Course Prefix: LAW-638
Course Section: 001
Credit Hours: 3
Instructor(s): Harrison;Swisher
Course Description:
This course will explore the law of lawyering and the rules of professional conduct. The course will require students to become familiar with the rules of professional conduct and will examine and question the ethical rules governing the relationships between and among lawyers, clients, the courts and others with whom lawyers are likely to interact in their professional lives. The course methodology includes the frequent use of video vignettes and dialogue between and among class members and the instructor. The instructor regularly represents lawyers in malpractice cases and discipline proceedings, and these cases frequently form the basis for class discussion.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Limited Enrollment Number: 35
Final Exam Given: Yes
Final Exam Type: In-Class
Participation Points: Yes
Attendance Policy: Regular attendance is expected and required.
Professional Responsibility
SLN #: 15965
Course Prefix: LAW-638
Course Section: 002
Credit Hours: 3
Instructor(s): Cohen
Course Description:
This course will examine the law of lawyering with significant focus on the ethical rules by which attorneys should conduct themselves in their various professional roles. The course will also examine the common and statutory law applicable to lawyers. The ultimate objective of the course is to give students both a working knowledge of the law governing lawyers and the practice of law and legal ethics and an appreciation for the difficulties and challenges that the professional currently confronts.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Attendance Policy: Attendance is Mandatory
Blackboard Course Site: Yes
Professional Responsibility
SLN #: 26762
Course Prefix: LAW-638
Course Section: 003
Credit Hours: 3
Instructor(s): Sallen
Course Description:
This course will examine the law of lawyering with significant focus on the ethical rules by which attorneys should conduct themselves in their various professional roles. The course also will examine the common and statutory law applicable to lawyers. The course’s ultimate objective is to give students both a working knowledge of the law governing lawyers and the practice of law and legal ethics and an appreciation for the difficulties and challenges that the professional currently confronts. In addition to the final exam, a mid-term and periodic quizzes may be given. The course also will involve in-class assignments as well as out-of-class written assignments. The in-class assignments will include drafting various documents relevant to law practice and may include group assignments. Out-of-class writing assignments will include (1) researching and analyzing recent cases involved in the Arizona disciplinary system; (2) drafting ethics opinions on particular issues; and (3) analyzing existing rules for possible rule changes. To accomplish requirement (1) above, students will have two options: (1a) attend an actual disciplinary hearing and analyze at least one of the cases being heard or (1b) select and analyze two disciplinary reports.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Limited Enrollment Number: 35
Final Exam Given: Yes
Final Exam Type: In-Class
Attendance Policy: Yes, attendance is required
Property
SLN #: 15889
Course Prefix: LAW-523
Course Section: 001
Credit Hours: 4
Instructor(s): Rosati
Course Description:
This course is the basic introduction to the law of property. It covers such topics as acquisition of property rights through first possession, acquisition of property rights through subsequent possession (adverse possession and gift), an introduction to estates in land (fee simple and defeasible estates), a brief look at trusts, transfers of interests in property (deeds, mortgages, recording systems), land use regulation through nuisance, land use regulation through servitudes (easements and covenants), land use regulation through zoning, and the increasingly important topic of eminent domain.
Additional Information:
Credit Hours: 4
Grading Option: Numerically Graded Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Attendance Policy: Yes
Property
SLN #: 15915
Course Prefix: LAW-523
Course Section: 002
Credit Hours: 4
Instructor(s): Wiecek
Course Description:
The joy of Property. Yes, I said “joy” and I mean it. I hope that you will find Property to be the most stimulating course in your 1L experience. In the second edition of their classic Property casebook (1969), James Casner and Barton Leach wrote: “We wonder why all of our colleagues are not fighting to get a chance to teach the first-year property course. We can only surmise that they want to live more sheltered lives. We do not envy them.” Leach was my Future Interests teacher when I was in law school, and I share his zest for the Property course. I hope you will come to do so, too.
Course description: The first-year Property course studies the legal relationships among people who claim some ownership or possessory interest in real or personal property (including Intellectual Property). This course will focus mainly on real property (land and buildings), though we will briefly discuss personal property as well. (Regrettably, in a four-hour course, we will not have time even to introduce Intellectual Property, which I must leave for advanced courses in that subject.) See the accompanying List of Subjects for a more detailed itemization of topics to be covered in the course.
You will learn early in the course that Property (whether real, personal, or intangible) has five fundamental characteristics: you can acquire it; you can use it; you can dispose of it; you can exclude others from it; and you can call upon the law (i.e., the force of the state) to protect the preceding four claims. Those five characteristics are what this course is all about.
The first-year Property course teaches both the substantive content of the common law of Property and basic legal skills, such as reading cases and synthesizing doctrine. The first (substantive content) we will address directly in class; the second (analytical skills) is what you teach yourself as you prepare for class.
Course objectives:
1) to convey knowledge and understanding of the substantive law of Property, both real and personal;
2) to help you understand why the rules of Property law have become what they are today, partly through historical explanation;
3) to provide a vehicle for developing first-year skills, such as understanding cases or creating structures of legal doctrine; and
4) to enable you to do well on the Real Property questions in the bar exam, wherever you may take it.
Additional Information:
Credit Hours: 4
Grading Option: Numerically Graded Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Mid Term or Other Exam: Yes, Midterm
Participation Points: Yes
Attendance Policy: Attendance is required
Blackboard Course Site: Yes
Public Defender Clinic
SLN #: 15974
Course Prefix: LAW-772
Course Section: 001
Credit Hours: 6
Instructor(s): Lowrance
Course Description:
Students enrolled in the Public Defender Clinic represent indigent defendants in criminal cases under the close supervision of an experienced public defender. Most cases involve drug charges, providing an opportunity to address challenging issues relating to search & seizure and the admissibility of scientific evidence.
Students are expected to spend 300 hours in the Clinic during the semester (approximately 30 hours of training and 270 hours of casework). As a general guideline, students are expected to work 20 hours per week.
Students participate in a mandatory seminar, with instruction in courtroom advocacy, interviewing and counseling skills, substantive law and court procedure.
The Public Defender Clinic is a pass/fail course (6 credits). Evidence is a pre-requisite. Trial Advocacy is not a pre-requisite, but if you have been through this course, the skills are beneficial to students' cases. One week prior to the start of the fall semester, students are required to attend a mandatory three-day training session.
NOTE: Please see the Clinical Program website for more details. www.law.asu.edu/programs/clinic
Additional Information:
Credit Hours: 6
Grading Option: Pass/Fail Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: Yes
Prerequisite: Evidence
Special Withdrawal Course: Yes, the last day to withdraw without special permission from the Executive Director of Clinical Programs is 2 weeks prior to the first seminar class.
Limited Enrollment Number: 4
Final Exam Given: No
Attendance Policy: Mandatory
Public Int'l Law
SLN #: 26727
Course Prefix: LAW-615
Course Section: 001
Credit Hours: 3
Instructor(s): Kittrie
Course Description:
This course is an introduction to public international law, which is the law governing the conduct of nations and of international organizations, both with respect to each other and with respect to persons. Public international law is extremely important in this era of globalization, when rapid travel, international trade and the internet mean that a terrorist, criminal or disease anywhere on earth can quickly affect people everywhere on earth.
The course will examine a variety of very interesting and timely issues, such as how international disputes are resolved (including peace treaties and their negotiation); the international law governing treatment of investments by another country's citizens; the rights of ethnic and religious minorities under international law; the UN Security Council and its authority to impose sanctions; international law and multinational corporations; lawsuits against foreign countries in U.S. courts for human rights violations overseas; the laws governing weapons of mass destruction (such as the Nuclear Nonproliferation Treaty); the relevance of international and foreign law in US courts; and international human rights law (such as prohibitions on genocide, their violation in places like Rwanda and Darfur, and what the international community can and should do about such human rights violations).
The course will draw on Professor Kittrie's over ten years of experience at the United States Department of State, which included negotiating nuclear nonproliferation agreements between the United States and Russia; fighting corruption, cybercrime and other crimes overseas; and helping impose and implement embargoes on terrorist-supporting and other rogue regimes, including Rwanda during the genocide.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Paper or In-Class Presentation: Perhaps
Participation Points: 10%
Attendance Policy: Per policy a student may be withdrawn for excessive absence (Section IV. E)
Blackboard Course Site: Yes
Real Estate Tax Planning
SLN #: 15912
Course Prefix: LAW-710
Course Section: 001
Credit Hours: 2/3
Instructor(s): Guerin
Course Description:
THIS COURSE WILL BE TAUGHT ON A COMPRESSED SCHEDULE. THE CLASS WILL MEET ON FRIDAY FOR 7 WEEKS BEGINNING 1/23 AND ENDING 3/7/2009. The final exam will be FRIDAY, 3/20.
This course will include a discussion of the following topics: Real estate investments as a tax shelter; alternative acquisition financing devices; refinancing techniques; sales between related parties; contingent payment sales; planning the time of sale; including a discussion of excrows, executory contracts, options and lease/options; sale leaseback transactions; installment sale reporting; wrap-around financing; default, foreclosures, and repossessions; non-taxable exchanges, including planning multi-party tax-free exchanges; planning considerations for the disposition of a principal residence; depreciation recapture; and an after-tax financial analysis of alternative real estate investments. Students who took Real Estate Tax Planning from Murray Henner in the Spring 2007 semester are eligible to enroll.
Additional Information:
Credit Hours: 2/3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Prerequisite: Federal Income Tax
Special Withdrawal Course: No
Limited Enrollment Number: No
Final Exam Given: Yes
Final Exam Type: In-Class
Religion & the Constitution
SLN #: 20953
Course Prefix: LAW-712
Course Section: 001
Credit Hours: 2
Instructor(s): Kader
Course Description:
An in depth study of the "establishment" and "free” exercise clauses of the First Amendment to the United States Constitution; their history, doctrinal evolution, and application to contemporary problems (including aid to parochial schools, prayer in school, Sunday laws, creation-science, etc.)
Additional Information:
Credit Hours: 2
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Written Assignment: No
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Prerequisite: No
Special Withdrawal Course: No
Limited Enrollment Number: No
Final Exam Given: Yes
Final Exam Type: In-Class
Mid Term or Other Exam: No
Paper or In-Class Presentation: No
Participation Points: Yes, per college policy
Attendance Policy: Yes, per college policy
Scientific Evidence
SLN #: 26729
Course Prefix: LAW-649
Course Section: 001
Credit Hours: 2
Instructor(s): Kaye
Course Description:
This seminar examines the legal principles governing the use of scientific evidence in civil and criminal litigation. It also describes the basic scientific underpinnings of expert testimony from the physical, biological, medical, behavioral, and statistical sciences. Particular attention will be paid to DNA evidence.
A series of litigation-related research and writing exercises will be assigned. These may take the form of office memoranda, pretrial motions and memoranda of points and authorities, appellate briefs, or court opinions in simulated cases. Depending on class size, oral presentations or trial or appellate practice simulations also may be part of the course. In addition, some written problem sets to test your understanding of relevant scientific principles may be assigned. Grades will be based on the written and oral exercises and answers to problems. These will be critiqued by the instructors, and there will be opportunities for rewriting. Judge Susan Ehrlich (ret.) may participate in teaching the course and evaluating the exercises.
Additional Information:
Credit Hours: 2
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Written Assignment: A series of litigation-related assignments
Graduation Writing Requirement: No
Seminar Writing Requirement: Yes
Skills Requirement: Yes
Prerequisite: Evidence (co-requisite)
Special Withdrawal Course: No
Limited Enrollment Number: 15
Final Exam Given: No
Mid Term or Other Exam: No
Paper or In-Class Presentation: Presentations might be required
Participation Points: Yes
Attendance Policy: Yes
Blackboard Course Site: Yes
Tax Policy Seminar
SLN #: 15933
Course Prefix: LAW-791
Course Section: 013
Credit Hours: 3
Instructor(s): Kornhauser
Course Description:
This seminar examines tax policy from a variety of perspectives: legal, philosophical, economic, social, and political. The course concentrates on the income tax but considers other taxes as well. Topics may vary from year to year but deal with basic issues such as: the role of taxation; the definition of fairness, the tension, if any, between fairness and efficiency, the tax base (e.g. income vs. consumption vs. wealth), defining the tax base (e.g. what is income), the taxable unit (e.g. family vs. individual), the rate structure (flat vs. progressive), tax expenditures, tax simplification and tax reform.
Students will research and write a 30 page paper which they will present to the class. Grades are based on the quality of the final draft of the paper, paper presentation, and class participation.
Additional Information:
Credit Hours: 3
Graduation Writing Requirement: Yes, With Instructor's Approval*
Seminar Writing Requirement: Yes*
Skills Requirement: No
Note: Only one of the above listed requirements can be fulfilled with this course.
Prerequisite: income tax
Limited Enrollment Number: 18
Final Exam Given: No
Paper or In-Class Presentation: 30 page paper plus presentation
Participation Points: 25% of grade
Attendance Policy: attendance required
Blackboard Course Site: Yes
Taxation of Partners & Partnerships
SLN #: 15922
Course Prefix: LAW-691
Course Section: 005
Credit Hours: 2/3
Instructor(s): Guerin
Course Description:
THIS IS A COMPRESSED COURSE THAT WILL MEET ON SATURDAYS FOR 7 WEEKS BEGINNING JANUARY 24. THE FINAL CLASS WILL MEET ON MARCH 7. THE FINAL EXAM WILL BE ADMINISTERED AT 10 AM ON SATURDAY, MARCH 21.
This course will cover such topics as: why partnersips are the ownership vehicle for tax shelter investments; Comparison of Partnership taxation with other entities; formation of, and transfer and contributions of assetts from partnes to partnerships; distributions of cash and other property from Partnerships to partners; how partnership income and losses are taxable to the partners; Partnership liquidations; and other considerations in Partnership tax planning.
Additional Information:
Credit Hours: 2/3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: No
Prerequisite: Federal Income Taxation
Final Exam Given: Yes
Final Exam Type: In-Class
Technology Venture Clinic
SLN #: 20960
Course Prefix: LAW-777
Course Section: 001
Credit Hours: 6
Instructor(s): Menkhus
Course Description:
The Technology Ventures Legal Clinic is an experiential learning opportunity for law students interested in transactional corporate and IP practice(s). Students will advise and counsel technology start up ventures and small businesses on issues relating to IP (patent, copyright, trademark, and trade secret), entity formation, employment/independent contractor agreements, securities laws, and many other legal issues faced many many/most entrepreneurs.
Interested students do not need a technical background to participate in the clinic and there are no prerequisite courses at this time, although a general understanding of IP and/or corporate entities is helpful.
There is an application/interview/invitation process for registration in the clinic. Please go to Clinic webpage to download the application and learn more about the clinical experience.
Additional Information:
Credit Hours: 6
Grading Option: Pass/Fail Only
Written Assignment: depends on client needs
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: Yes
Limited Enrollment Number: 10 new/2 returning (3 gredits for returning)
Final Exam Given: No
Attendance Policy: Required
Blackboard Course Site: Yes
Trial Advocacy
SLN #: 15899
Course Prefix: LAW-738
Course Section: 001
Credit Hours: 3
Instructor(s): Cabot
Course Description:
Students learn trial advocacy by performing opening statements, direct and cross-examination, objections, motions to the Court, final arguments and other aspects of trial practice. The course culminates in a jury trial. Student presentations will be videotaped for classroom critique. Students will also learn how to use courtroom technology for displaying or playing evidentiary exhibits or visual aids and will be asked to use this technology during their presentations.
Additional Information:
Credit Hours: 3
Grading Option: Pass/Fail Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: Yes
Prerequisite: Evidence
Special Withdrawal Course: Yes
Limited Enrollment Number: 12
Final Exam Given: No
Paper or In-Class Presentation: Yes. Pleadings related to final trials.
Participation Points: Yes. Students are expected and encouraged to participate in each week's exercise.
Attendance Policy: Mandatory
Blackboard Course Site: Yes
Trial Advocacy
SLN #: 15989
Course Prefix: LAW-738
Course Section: 002
Credit Hours: 3
Instructor(s): Sands
Course Description:
Students learn trial advocacy by performing opening statements, direct and cross-examination, objections, motions to the Court, final arguments and other aspects of trial practice. The course culminates in a jury trial. Student presentations will be videotaped for classroom critique. Students will also learn how to use courtroom technology for displaying or playing evidentiary exhibits or visual aids and will be asked to use this technology during their presentations.
Additional Information:
Credit Hours: 3
Grading Option: Pass/Fail Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: Yes
Prerequisite: Evidence
Limited Enrollment Number: 12
Final Exam Given: No
Attendance Policy: Required
Trial Advocacy & Applied Evidence
SLN #: 15979
Course Prefix: LAW-791
Course Section: 022
Credit Hours: 4
Instructor(s): Dallyn
Course Description:
Students learn trial advocacy by presenting opening statements, direct and cross-examination, objections, motions to the Court, final arguments and other aspects of trial practice. Students will also address issues of evidence laws and civil procedure raised in the simulated trial practice problem. The course culminates in a jury trial. Student presentations will be videotaped for individual critique. Students will also learn how to use courtroom technology for displaying evidentiary exhibits or visual aids and will be asked to use this technology during their presentations. Students who have taken Trial Advocacy will not be allowed to take this course.
Additional Information:
Credit Hours: 4
Grading Option: Pass/Fail Only
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: Yes
Prerequisite: Evidence
Special Withdrawal Course: Yes
Limited Enrollment Number: 12
Final Exam Given: No
Paper or In-Class Presentation: Yes. Pleadings and motions related to final trials.
Participation Points: Yes. Students are expected and encouraged to participate in each session's exercise.
Attendance Policy: Mandatory
Trial Techniques
SLN #: 27735
Course Prefix: LAW-791
Course Section: 006
Credit Hours: 1
Instructor(s): Hessick
Course Description:
Additional Information:
Credit Hours: 1
Grading Option: Pass/Fail Only
Skills Requirement: No
Tribal Law & Gov't Seminar
SLN #: 20954
Course Prefix: LAW-713
Course Section: 001
Credit Hours: 3
Instructor(s): Heeley
Course Description:
Phone: (602) 538-3007
Office Hours: By appointment.
Course Description
Welcome to the seminar “Tribal Law and Government.” Although there is no casebook, the seminar will focus on readings from Case Materials which will be available through the Copy Center. Readings will include the Indian Self-Determination and Education Assistance Act, Felix Cohen’s Handbook on Federal Indian Law, and various tribal constitutions and ordinances.
This course will require a solid foundation in Federal Indian Law and students must have taken and completed Federal Indian Law I to participate in this seminar. The seminar will focus on the practical application of the principles of Federal Indian Law in the context of negotiating a Tribal Self-Governance Compact and in developing and drafting a tribal ordinance. The seminar will examine tribal governmental structure, tribal legislative processes, sources of tribal law, and the principles of Indian Self-Determination. In addition, the seminar will cover topics such as sovereign immunity, separation of powers, tribal governmental structures, tribal courts, and tribal governmental regulatory authority.
General Course Requirements:
This seminar will require students to be prepared to discuss the weekly reading assignments. Classroom participation and attendance are mandatory. Each student in the seminar will be required to actively participate in classroom discussions. Any student who misses five or more classes will be administratively withdrawn from the seminar. Each student will be required to develop a Tribal Self-Governance Compact and participate in a compact negotiation session during one of the class sessions. Students will be graded on the drafted compact and on their participation in the negotiation session. The compact and negotiation session will constitute 20% of your final grade.
In addition to the negotiation of a Tribal Self-Governance Compact, each student will be required, with the other members of their team, to draft a tribal ordinance. Students will meet with in-house tribal attorneys to discuss the elements and issues to be addressed in the draft ordinance. Students may also be required to meet with other tribal representatives to discuss the scope of the ordinance, issues to be addressed in the ordinance, and the tribal objectives to be achieved in the development of the ordinance. Each member of the team is responsible for jointly developing and drafting the ordinance. The ordinance will constitute 30% of the final grade for the seminar. Students will be assessed and provided feedback on both their compact negotiation exercise and their draft ordinance as part of this seminar.
Finally, each student in the seminar must complete a research paper of 15 - 20 pages in length on a topic of your choice, which will be worth 50% of your final grade. Over the course of the seminar, there will be four (4) mandatory professor/student conferences which will focus on (1) the self-governance compact and negotiation session, (2) the topic for the term paper, (3) the draft ordinance, and (4) a review of a preliminary draft of the term paper. The seminar shall be numerically graded and the one-time pass option is available. Students may use this seminar to satisfy the “professional skills” graduation requirement.
Additional Information:
Credit Hours: 3
Grading Option: Numerically Graded, and ONE Time Pass Option is Available
Graduation Writing Requirement: No
Seminar Writing Requirement: No
Skills Requirement: Yes
Prerequisite: Federal Indian Law I
Limited Enrollment Number: 12
Final Exam Given: No
Attendance Policy: Yes
Truman Young Clinic
SLN #: 15952
Course Prefix: LAW-791
Course Section: 014
Credit Hours: 5
Instructor(s):
Course Description:
Additional Information:
Credit Hours: 5
Seminar Writing Requirement: No
Skills Requirement: Yes
Writing TA
SLN #: 20956
Course Prefix: LAW-735
Course Section: 001
Credit Hours: 2
Instructor(s): Stinson
Course Description:
Additional Information:
Credit Hours: 2
Grading Option: Pass/Fail Only
Skills Requirement: No
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