Seminar Course Descriptions

 
 
Advanced Legal Research
  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.
 
Advanced Legal Writing
  This is a writing seminar intended to help students attain an advanced level of writing proficiency. This course reviews and develops writing, research, and analytical skills introduced in the first year of law school and introduces you to new research techniques and drafting skills.
 
Advanced Research & Writing-Indian Law Seminar
  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, make a class presentation of 10-15 minutes in length and prepare 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.

 
Advanced Secured Transactions
  This is an advanced seminar in secured transactions for students who are interested in studying some of the more complex financing transactions that the basic course does not have time to cover. Article 9 of the UCC and the federal bankruptcy code are the principal bodies of law that will be examined. Some of the topics that may be covered, time permitting, are: security interests in chattel paper, instruments, and documents; security interests in investment property (e.g., securities); security interests in deposit accounts; security interests in intangible property (such as intellectual property rights); agricultural liens and security interests; security interests and bailments; security interests and non-consensual liens (e.g., tax liens, landlord liens); security interests in real property related collateral (fixtures and real property receivables, such as mortgages, real estate contracts, etc); security interests in bankruptcy (the basic course provides an introduction to this area, but there are many issues left unexplored). The seminar will be taught using the problem method. Students will be expected to work out specific problems in advance of each class session and be prepared to present their conclusions to the seminar.
 
American Legal History
 

This readings course focuses on the history of legal challenges to civil liberties and civil rights in the United States during times of war, beginning with the U.S. War for Independence (1775-1783) and proceeding to the "War on Terrorism" President George W. Bush announced in 2001 in response to the events of September 11th. Focusing on the war at home, the course aims at developing perspectives on the impacts U.S. engagement in war has had on public policies and practices affecting constitutional rights and civil liberties. The course addresses war as a crucial moment for national community, not only in regard to the dreadful, open and intentional violence of the declared battlefield, but in regard also to sometimes frightful balances of principles and conflicts of values that develop with the war and that may linger thereafter. Readings case reports such as Schenck v. United States, 249 U.S. 47 (1919), Korematsu v. United States, 323 U.S. 214 (1944), and Dennis v. United States, 341 U.S. 494 (1951), and also items such as John Braeman’s “World War One and the Crisis of American Liberty” (1964), Robert E. Cushman,“Civil Liberty After the War” (1944), or Mark E. Neely’s The Fate of Liberty: Abraham Lincoln and Civil Liberties (1991).

 
Applied Research Seminar in Law, Science, & Technology
  This is an applied research seminar in which students will work in groups of 2-4 students to research and prepare written materials (e.g., research memoranda, white papers, publication-quality articles, fact sheets, proposed legislation) on a current policy topic involving law and science or technology.
 
Arizona Civil Procedure
  Arizona Civil Procedure will focus on those differences between the Arizona and Federal Rules of Civil Procedure that are most important in practice. Topics will include non-parties at fault; joinder of multiple tortfeasors; disclosure obligations and procedure; offers of judgment; case management; and other procedural issues identified by leading Arizona litigators who regularly practice in both state and federal court. The course materials will consist of a number of handouts with questions that ask the students how they would use the Arizona Rules of Civil Procedure and relevant case precedents as litigators, in the context of one or more hypothetical cases; we will not just be marching through a series of reported decisions.  

 
Arizona Constitutional Law
  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.
 
Banking Law
  This seminar examines a selected number of aspects of this regulatory system. It will explore the law governing how banks and other financial institutions operate and critically consider the policy choices on which these regulatory approaches rest. No prior experience in finance or business is needed although having taken a course in Business Associations is helpful.
 
Banking Law & Regulation
  Financial institutions exercise great power in the modern US and world economies. Their activities impact the work lawyers do in many ways – as consumer and commercial lenders, suppliers of investment products, insurers, and providers of numerous other types of financial services. Moreover, the role and nature of financial institutions in today’s society is changing in response to global competition, technological advances, and rapidly changing economic conditions. But the manner in which the law regulates financial institutions is not so much the product of a coherent set of policies strategy, as the ad hoc result of the historical reactions to a variety of crisis that impacted the financial system -- crisis ranging from currency needs of a war-time nation, to the securities losses during the great depression, the savings and loan scandals of the 1980s, and the fraud and criminal activities of financial institution managers in our contemporary period. This seminar examines a selected number of aspects of this regulatory system. It will explore the law governing how banks and other financial institutions operate and critically consider the policy choices on which these regulatory approaches rest. No prior experience in finance or business is needed although having taken a course in Business Associations is helpful.
 
Bioethics, Genetics in Intercultural Context
  The purpose of this course is to explore cultural issues in bioethics and healthcare law. The course will evaluate the social, ethical, and legal implications of gathering and using genetic material and knowledge from various cultures.
 
Biotech Licencing & Litigation
  This seminar is open to LL.M and J.D. students who would like the opportunity to explore the special problems and issues in transactions and litigation involving biotechnology and how the law is evolving to address them. The first half of the seminar will focus on special problems relating to agreements involving the development and licensing of biotechnology-related inventions such as pharmaceuticals, medical devices and genetic applications in a highly regulated and dynamic environment. Students will read articles covering topics ranging from theoretical underpinnings to practical techniques with the goal of developing a solid foundation with which to meet the future challenges of a rapidly changing industry. Students will also be given the opportunity to negotiate and document a hypothetical biotechnology licensing transaction.
 
Conflict Theory
  Conflict Theory, unlike conflict resolution courses, focuses on conflict before resolution strategies are considered. Thus, the class concentrates on the sources and nature of conflict - how and why it escalates, de-escalates or persists, and the conditions under which it can be constructive or destructive.

 
Constitutional Liberty
 

This seminar deals with constitutional liberties in the U.S. Constitution, particularly those that are derived through substantive due process. The course will be a mixture of advanced constitutional law and political philosophy. Readings will include the major substantive due process cases decided by the United States Supreme Court, with an emphasis on cases dealing with contemporary issues such as abortion, physician assisted suicide and homosexual sex, as well as some essays on liberty from political philosophy.
Course requirements include attendance, participation, reading, student class presentations, and a seminar paper.

There are no prerequisites, although a background in constitutional law and/or political theory will be helpful. This course is open to graduate students in Philosophy and Political Science.


 
Corrections Seminar
  The Corrections Seminar is an opportunity for law students to become familiar with the state’s prison system where felons are incarcerated in Arizona, by (1) examining USSC and 9th circuit decisions impacting conditions of confinement and employee conduct, (2) evaluating the passage of certain state and federal laws governing its operation, and (3) considering the impact of the underlying assumptions of sentencing goals and applications on the criminal justice system.
 
Court Related ADR
  This course is directed to analyzing the American justice system's institutionalization of alternative dispute resolution (ADR). During the first segment of the semester, students will examine the role of the court system in establishing and promoting alternatives to trial: What are the advantages and disadvantages of settling disputes privately? To what extent should trial judges be involved in the business of encouraging parties to resolve their cases through ADR? Where should judges draw the line between promoting ADR and protecting parties' access to the courts? Next, the class will attempt to develop measures for evaluating the success of court-connected ADR programs: What are the goals and objectives of a court-connected ADR program? How can we determine whether the courts have met these goals? During the course of the seminar, each student will be assigned to research and evaluate a specific court-connected ADR program in Arizona, using criteria developed by the class. In the last segment of the semester, students will present their research orally and in writing.

 
Creative Writing for Lawyers
  The goal of this course is to bring more creativity to your legal writing while considering ethical and professional constraints.
 
Criminal Justice Seminar
  The Criminal Justice Seminar will be a four-credit, two-semester course, with a maximum enrollment of 12 students. The Seminar, which is open to second- and third-year students, will include a clinical/fieldwork component and a classroom component. 
The clinical/fieldwork component primarily will involve working on cases for the Arizona Justice Project. The classroom component will meet once a week in the Fall Semester, and less often than that in the Spring Semester.
 
Critical Race Theory
  This course will focus on the idea of "race" as a social/political construct and examine the impact of American law on the construction of race. The course will provide the historical and legal background necessary to understand the significance of race within American law and policy.
 
Cults & Alternative Religions
  This seminar will provide 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, international, and foreign legal and policy issues generated by cults, including the legal rights of cults, anti-cult organizations, cult members, and cult members’ families. To the degree that religious movements falling outside the mainstream, conventional religions are conceptually similar to cults, they will be covered.
 
Cultural Resources
  This seminar focuses on the legal protection of Native American cultural resources and religions.  The course discusses tribal epistemologies as a normative foundation for tribal religious and legal structures.
 
Disability Law
  Lawyers and their use of the tools of lawyering have secured and now protect the civil rights of people with disabilities. This course will impart a life-span perspective to demonstrate how the law has furthered the full participation of people with disabilities in community life
 
E-Commerce Seminar
  This course examines commercial activity on the Internet and the unique (and at times not so unique) legal problems that face these initiatives. This course provides a current snapshot of the many legal issues raised by electronic commerce, and provides a framework for responding to problems that may arise in the future.
 
Economics & The Law
  An important premise of the law and economics movement is that the common law is the result of efforts, conscious or not, to induce efficient outcomes. Another premise is that judges ought to pursue efficient outcomes as their primary objective in deciding cases. The class shall explore these claims and their applications to property, contract and tort law.
 
Elder Law
  Looks at legal and policy questions related to aging individuals and an older society. Seminar
 
Environmental Justice
  This seminar will study the law and policy of environmental justice, which has become an important new concept in environmental law and policy.
 
Environmental Law
  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.
 
Evil: Its Nature and Punishment
  There has recently been much - perhaps too much - use of the term "evil" in moral, political, legal, and media discourse. In this seminar, we will explore the nature of evil with some emphasis on the attempt to use the criminal law to target evil (as opposed, say, to mere dangerousness) as an object of punishment.
 
Evolution in the Courts
  This seminar will examine the rich history, the current controversies, and the important implications of the evolution/creation debates – as courts, legislatures, scientists, religious figures, parents, and students clash at this intersection of science, religion, law, and policy.
 
First Amendment
  The first few sessions will be spent reading introductory materials 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.
 
Gender & Family Policy
  This seminar will focus on selected topics in family law, gender issues, and family policy that are the subject of current debate in public policy or intellectual forums.
 
Gender, Sexuality & Law
  Examines assumptions made in the law about gender and sexuality and the impact of those assumptions on the application of the law. Seminar.
 
Genes, Stem Cells & Justice
  In this seminar, we will assess hope and fears through the lenses of justice: distributive justice, social justice, global justice, transgenerational justice, and interspecies justice.
 
Genetics & The Law
  This course will provide students with background on genetics and recent genetic advances, and it will address the legal consequences and issues associated with such advances.
 
High Tech Licensing
   

 
Indian Gaming
  Surveys the law surrounding the Indian gaming industry.
 
Intellectual Property Commercialization & Technology Transfer
  This course examines the scientific, legal, and business processes that underlie the commercialization of intellectual property created at research institutions. The course focuses on inventions arising out of ASU's Life Sciences invention portfolio but does not require a science background.
 
Intellectual Property Portfolio Management
  The course is centered around traditional business school case-studies. M.B.A. and J.D. students will work together in assigned groups to prepare written and oral presentations that explore business and legal issues raised by the assigned case studies.
 
Intercultural Issues/Bioethics
  Intercultural Issues in Bioethics The purpose of this course is to explore cultural issues in bioethics and healthcare law. The course will evaluate the social, ethical, and legal implications of gathering and using genetic material and knowledge from various cultures. The first few sessions of this interdisciplinary course will provide the foundational material for understanding the legal, ethical, social and scientific aspects of the issues that we will study. We will then cover various case studies that probe issues such as conceptions of property rights and other rights in genetic material, and cultural differences in assessing the appropriateness of such rights. (For example, the Human Genome Project and Human Genome Diversity Project, genetically modified plant resources). The final sessions of the course will cover intercultural issues in healthcare law, including informed consent requirements, and intercultural models of healing and healthcare. The course will have a focus on issues relating to indigenous peoples, but will survey other cultures as well. Professor McGregor is a Professor of Philosophy and Program Director of the new Bioethics Center at ASU. This course can be used to fulfill the Advanced Indian Law requirements of the Indian Law Certificate Program. It will require a class presentation and seminar paper from student participants. The seminar is graded. Students who are working toward the Indian Law Certificate will receive a preference in enrolling in this seminar.

 
International Environmental & Development Law
  This seminar is designed to introduce students to one of the most interesting new fields of international law. We will study the basic issues and concepts particular to international environmental law and explore the underlying conflicts. At the heart of the subject are issues of equity and the challenges posed to the international community by shared and finite natural resources. We will focus on institutional frameworks that have been developed to protect the global commons; on the relationship between consumption, pollution, and the liberalization of trade; on the tension between the desire to protect the environment and the developmental aspirations of the South; and we will examine the respective role and responsibilities of governments, international institutions, private economic actors and non governmental organizations in characterizing and addressing issues of importance to international environmental law. In so doing we will have begun an exploration of the reality and meaning of globalization.

 
International Humanitarian Law
  This seminar is a comprehensive introduction to the laws of war, known in modern times as international humanitarian law.
 
International Indigenous Rights
  This seminar is a comprehensive introduction to the laws of war, known in modern times as international humanitarian law.
 
IP Comm & Tech Transfer Seminar
 

The course focuses on inventions arising out of ASU's Life Sciences invention portfolio but does not require a science background. We examine the scientific, legal, and business processes that underlie the commercialization of intellectual property created at research institutions. Central to this process are issues of “control” as embodied in the tech transfer license and partnering agreements between the various parties. Conflicts inevitably arise between the owner (institution), creator (researcher) and marketer (industry) and the essence of technology transfer licenses is to anticipate these conflicts and, as much as possible, resolve them at the negotiation stage. To make this possible, students must be exposed to a wide array of important legal, political, economic, and scientific principles.
The class will use actual inventions from the ASU intellectual property portfolio. Students are required to maintain confidentiality regarding all issues raised or discovered with regard to these inventions and will be required to sign confidentiality agreements.

Working mainly in groups, students will take these inventions and, through preparation of legal documents, negotiations, and commercial decisionmaking, commercialize them. Although commercialization of these inventions is entirely for classroom purposes, students will, where available and appropriate, be able to compare their work product with that undertaken by lawfirms and business groups operating for and within ASU.

Students enrolling in the course will gain exposure to all aspects of the technology transfer process and the role that lawyers play in making that process successful. Students will be required to draft legal documents, conduct client interviews, and give oral presentations.

Students that successfully complete the course will have a substantial body of work to show potential employers and will be eligible to enroll in the Technology Ventures Clinic.

 
Jurisprudence Seminar: Legal Positivism
  This seminar in jurisprudence will consider the jursiprudential tradition of logical positivism from both an historical and a conceptual perspective.
 
Jurisprudence: Morality, Religion, & Criminal Law
  This seminar will explore the nature and legitimacy of moral judgments in answering various questions about the criminal law--e.g., what to criminalize?, what culpability conditions to require?, what defenses to allow?, what punishments to approve?, etc. It will also explore the degree to which, if at all, some concepts often thought of as religious in nature may legitimately play a role in criminal law. For example: The concepts of remorse, repentance, penance, and atonement are often regarded as concepts that have their primary home in religion. (Kierkegaard called them "emisaries from eternity.") Our system of criminal law, however, is generally regarded as a secular system and required to be so by the US Constitution. What, then, about the view held by many that sincere remorse and repentance might be relevant in sentence reduction? And what about the religious claim that we should love our neighbor as ourselves (agape)? Is there any way that such a concept of love could be integrated into criminal law--an institution that, at least on the surface, seems about as unloving an institution as one could imagine. Do the virtues of forgiveness and mercy have any legitimate role in criminal law?

 
Jurisprudence: Rights in Law & Morality
  This seminar will cover the following topics: the concept of rights; legal and moral rights; human rights; supporting relations between rights; justifications of rights; ethical relativism and universality of human rights; Rawls on human rights; the right against torture.
 
Jurisprudence: Special Topic
  In this seminar we will examine various aspects of criminal punishment in the United States, focusing in particular on evaluating our practices in terms of the dominant ethical traditions in Western philosophy (Aristotelian, Kantian, and Utilitarian).
 
Law, Biology, & Human Behavior
  This seminar considers whether recent advances in biology can usefully contribute to our understanding of -- and thus to our effective regulation of -- behaviors that are relevant to law.
 
Law & Literature - Social Order & Individual Choice in Homer's Iliad
  In this seminar we will closely examine Homer’s themes from a lawyer’s perspective to understand the various ways that conflicts are resolved in the Iliad.
 
Law, Morality, & Politics
  The course will explore what constitutes a rule of law to which men and women can, and indeed should, give their moral assent and support.
 
Law of Corporate Ethics
  Substantively, this course covers the law of corporate codes of conduct, the securities laws of 1933 and 1934, the Sarbanes Oxley law, the Foreign Corrupt Practices Act, The False Claims Act, The False Statements Act, Mail and Wire fraud, RICO, the legally intensive internal investigation pursuant to employee misconduct, interviewing employees, Miranda warnings, attorney-client privilege and work product exceptions, representation issues, invasion of privacy, wire tapping, government investigations, obstruction of justice charges, dealing with a grand jury, immunity, and qui tam actions.

 
Law Reform & International Development
  This seminar is an introduction to law reform as a tool for promoting international political, economic and social change.
 
Legal Policy Making
  The theme of this law and science seminar is: How can the law make use of social science knowledge in the construction of legal rules or (to a lesser extent) the making of legal decisions?
 
Legal Process
  The course develops the analytical skills essential to the study of law.
 
LLM in Biotechnology & Genomics
  This seminar is open only to LLM students, and will meet every second Monday through both semesters from 5-6 pm. The meetings will alternate between guest speakers and group discussions about your own research, the LLM program, group activities and coordination, and recent developments in the field of genetics and the law. This course will essentially formalize the ad hoc LLM meetings we had last year and give you one credit for attending. The course is not mandatory, but we hope most of you will take it, otherwise it will not really serve its intended purpose.

 
Mediation & Settlement Advocacy
  This highly interactive seminar will offer students practical and theoretical training in the mediation and settlement of civil disputes.
 
Medical Malpractice Seminar
 

This seminar will explore important aspects of medical malpractice and law reform. Topics will include data concerning the nature and extent of medical malpractice; current legal doctrine; the goals that the law does and should seek to advance in responding to malpractice; legal reforms enacted in the past 30 years or so to address the problem, and the performance of such reforms (insofar as that can be ascertained). We will also explore alternatives to traditional tort law (such as various versions of “no-fault,” alternative dispute resolution, enterprise liability, and other possible approaches), and the promise of the recently launched “patient-safety movement” (an industrial model of harm-prevention that focuses more on improving human systems and technology than on individual persons as the central cause of error and harm).

 
Mental Health Law
  This seminar will provide students an opportunity to study a wide range of topics in current and past American mental health law.
 
Mexican Law
  Comparative overview of Mexican law. Poses questions regarding the proper role and function of a legal system. Seminar
 
NAFTA
  This seminar will prepare students to spot and navigate NAFTA-related trade, environmental and labor issues.
 
Natural Resources Policy
  This course has an academic and clinical component. The academic component will examine issues in national forest management in a federal administrative and legislative context. The course will begin with an introduction to congressional legislative and oversight powers, and will then focus on various topics such as land exchanges, stewardship contracting, the National Forest Management Act planning regulations, the Healthy Forests Initiative, the Wilderness Act, and the Secure Rural Schools and Community Self-Determination Act of 2000. Readings will consist primarily of statutory language, regulations, GAO reports, congressional letters, Committee reports and press releases, lobbying materials, and newspaper articles. Beyond highlighting some of the contentious issues surrounding public lands management—who controls the land, with whose input, and for whose benefit--the course will illustrate how Congress works and how Congress, the courts, the Administration, and interest groups interact.
 
Nonprofit Organizations
  This course in nonprofit organizations explores state and federal, tax and non-tax aspects of various organizational forms that comprise our nation's nonprofit sector, primarily focusing on charitable, educational, and religious 501(c)(3) organizations.
 
Oral Advocacy
  Each week there will be two student advocates and four student justices of the Supreme Court of Arizona. The students will argue the actual case pending before the Court . The students will be expected to argue from the briefs and other papers submitted by the parties to the actual case.
 
Passions & Law
  A full understanding of law requires an exploration of the passions (emotions)that generate legal doctrine and legal practice.
 
Philosophical Foundations of Natural Law
  This seminar will examine the philosophical foundations of the so-called natural-law tradition and possible implications of that tradition with respect to moral, political, and legal issues.
 
Practice of Law in Digital Era
  This class will introduce students to the key components of courtroom and litigation technology, which have become important in modern litigation.
 
Privacy
  Traces the development of privacy law with special attention to contemporary challenges.
 
Products Liability
  Traces the development of products liability law; analyzes the major issues currently confronting the courts in this area. Seminar.
 
Professional Sports 
  Unique legal problems relating to professional sports, including their relationship to antitrust laws, the nature of player contracts, and associated tax problems.
 
Religion & the Constitution
  In-depth study of the "establishment" and "free exercise" clauses of the First Amendment to the U.S. Constitution.
 
Rep. of the Professional Athlete
  This course will primarily focus on issues relating to the representation of professional athletes within a framework of employee/management labor relations.
 
Representing the Corporation
  An advanced course in corporations law.
 
Research Ethics & Law
  This seminar is designed to give students a broad understanding of research ethics, regulation and law. In this course we explore a selection of topics in research involving human subjects. We begin with a brief introduction to the basics of normative ethics, including theories of justice and human rights and the foundations of the law covering research ethics.
 
Sentencing
  This offering will include three components: (1) a weekly seminar on sentencing law and policy, (2) a workshop that will meet two times during the semester, and (3) field work at the Maricopa County Superior Court.
 
State Constitutional Law
  This seminar seeks to help in the rediscovery of state constitutional law, particularly by considering the significant developments in the area of civil liberties protection under State Constitutions.
 
Supreme Court
  Intensive examination of selected current decisions of the U.S. Supreme Court.
 
Tax Policy
  This seminar examines tax policy through the lens of distributive justice. It begins by considering the traditional criteria for evaluating taxes: equity and efficiency, asking to what extent economic efficiency and economic justice are reconcilable goals.
 
Technology Transfer
  This course examines the scientific, legal, and business processes that underlie the commercialization of technology created at research institutions.
 
Technology Venture Clinic
  The TVC allows law students to work with students from other disciplines, including business, engineering, and life sciences, on commercializing inventions from the ASU intellectual property portfolio.
 
Tribal Law & Government
  Tribal Law and Government is a seminar designed to provide a practical and applied overview of the structures and laws that govern Indian tribal governments in Indian country.
 
Victims in Criminal Procedure
  Victims in Criminal Procedure will explore the historical and evolving role of crime victims in the criminal justice process.
 
Water Law
  This course will address the basic legal principles involved in acquiring, maintaining, transferring, and adjudicating property rights in water.
 
White Collar & Corporate Criminal Defense
  This class will focus on the process and practice of white collar and corporate criminal defense.