Course Descriptions, Debtor/Creditor Relations - Externship: Workplace Law
Debtor/Creditor Relations
LW 718; 3 hours. The focus of this course is on the problems incident to the disposition of the estate of a failing or insolvent debtor. It looks at problems relating to execution of judgments, fraudulent conveyances, compositions, assignments for the benefit of creditors, receivership, and problems arising under the Federal Bankruptcy Act.
Decedents' Estates and Trusts
LW 915; 3-4 hours. This course addresses: (1) the law governing transfers of property at death, including intestate succession, wills and will substitutes, and the administration of estates; and (2) the laws governing the creation, administration, and interpretation of trusts.
Directed Research
LW 763; 1-3 hours. In-depth legal research and writing. Offered only upon prearrangement with a faculty member to direct the project and then with the Dean. Projects for three hours credit will rarely be approved and only for student work that substantially exceeds that required for most projects. See Standards for Directed Research.
Directed Research: Advanced Topics in Workplace Law
LW 884; 1-2 hours. Students focus on an area of special interest by engaging in supervised research and writing to complete a project that expands their knowledge of workplace law. Students must propose a project for review and approval by the faculty supervisor and the Associate Dean for Academic Affairs.
Divorce Practice
LW 716; 2 hours. An advanced seminar course that explores the practical aspects of drafting prenuptial contracts, property settlement agreements and child custody arrangements.
Prerequisite(s): Family Law.
Domestic Violence
LW 890; 1-3 hours. The course includes recognizing the signs of abuse; the cycle of violence; readings on domestic violence, representing the victim of domestic violence, advising a victim in divorce; effects of domestic violence on children; "battered women's syndrome" in criminal cases; working with other professionals and representing the abuser.
E-Discovery
LW 984; 2 hours. Almost every civil case filed today will encounter issues relating to the discovery of electronically stored information ("ESI"). This course will help students understand what ESI is (e.g., e-mails, databases, metadata), what the key issues arising in cases involving ESI are, and the developing trends relating to the resolution of those issues. Students will also gain an understanding of how the federal rules affect ESI issues in litigation, applying relevant standards and tests developed from caselaw and other sources.
Prerequisite(s): Civil Procedure I.
Education Law
LW 722; 2-3 hours. Education plays a crucial role in sustaining a democratic society. As such, it is critical that we understand and are able to critique the legal and public policy choices that shape our education system. This course will examine the right to equal educational opportunity and will consider the various state and federal legal efforts that address K-12 education. These include exploring issues of equity, access, and reform at the local, state and federal levels in a variety of areas. Topics explored may include special education, racial and ethnic school desegregation, school tracking, gender equity, language access, attendance and truancy, privacy rights, search and seizure of students, discipline and harassment, funding issues, school choice reform and the evolving role of the federal government in shaping education policy.
Education Law: Special Education
LW 708; 1 hour. Education plays a crucial role in sustaining a democratic society. As such, it is critical that we understand and are able to critique the legal and public policy choices that shape our education system. This course will examine the right to equal educational opportunity and will consider the various state and federal legal efforts that address K-12 education in the context of special education. These include exploring issues of equity, access, and reform at the local, state and federal levels in a variety of areas, and the evolving role of the federal government in shaping education policy.
Elder Law
LW 932; 2-3 hours. This course examines family issues of the elderly including divorce, abuse and neglect, grandparent issues, advance directives, Medicare and Medicaid, Social Security and retirement and ethical issues unique to elder law.
Election Law
LW 945; 2-3 hours. In this course, we will consider the shape and scope of electoral law in the United States, and how it affects our body politic. We will pay close attention to how our laws have granted and restricted the free exercise of "the franchise" by Americans, including but not limited to: voter enfranchisement, the mechanics of the electoral process, legislative districting, legislating through ballot initiatives, arid the financing of political campaigns.
Employee Benefits Law
LW 709; 2-3 hours. As Americans increasingly rely on employers to provide post-employment income security (retirement benefits) and other benefits such as health insurance (welfare benefits), employee benefit law remains a central feature of American employment law. This course provides a survey of the specialized employee benefit plans governed by the Employee Retirement Income Security Act (ERISA) and the Tax Code. In addition, this course will explore the rules governing coverage, vesting, funding fiduciary standards, claims administration, remedies, and preemption of state law. While there will be some exploration of the tax benefits and consequences of these plans, no prior knowledge of taxation law is assumed or required. Variable credit, see course schedule.
Employment Discrimination
LW 786; 3 hours. This course focuses on the theory and practice of Title VII of the 1964 Civil Rights Act, which prohibits discrimination on the basis of race, sex, religion, national origin, and color. Sexual harassment law receives considerable attention. Coverage of process and procedure includes examination of the growing use of alternative dispute resolution to resolve discrimination claims. Other statutes such as the Americans with Disabilities Act and the Age Discrimination in Employment Act are studied, but because their basic structure is parallel to Title VII, they require less discussion.
Employment Law
LW 917; 2-3 hours. Federal and state laws touch the employment relationship from the moment an applicant enters a prospective employer's workplace until the relationship terminates. This course will introduce students to selected topics in employment law with a focus on common law and the federal statutory laws that modify the traditional employment relationship. Topics may include wrongful termination, the Fair Labor Standards Act, prevailing wage laws, and OSHA standards.
Energy Regulation
LW 803; 2 hours. Students learn public utility regulation by examining state and federal price and non-price controls on the production, transmission, and sale of natural gas and electricity. Also examined are domestic and international laws designed to promote and regulate various forms of energy, to include oil, natural gas, coal, nuclear, water, wind, solar, and emerging alternatives. Laws designed to promote energy conservation, and to encourage the use of renewable forms of energy, are also studied.
Environmental Law
LW 744; 3 hours. A survey course in environmental regulation. The primary focus is on the structure and enforcement of major federal anti-pollution schemes such as the Clean Water Act and Clean Air Act. Because these laws are implemented by the Environmental Protection Agency, considerable time is spent understanding basic administrative law, including the National Environmental Policy Act (NEPA). Statutes regulating solid and hazardous waste, the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) are also covered, but students desiring in-depth examination of these acts should consider also enrolling in Hazardous Waste Regulation.
Prerequisite(s): Administrative Law (recommended).
Environmental Regulation of the Oil and Gas Industry
LW 967; 1-2 hours. All phases of oil and gas development are regulated under various state and federal environmental statutes. The state and federal environmental laws that apply to the exploration, production, and marketing phases of the oil and gas industry are studied in a chronological context as operations progress from land acquisition to abandonment. Students will learn to apply the environmental laws to specific activities using a basic compliance model.
Environmental Rights Practicum
LW XXX; 3 hours. Ever wonder how constitutional rights work in other systems around the globe? This practicum will provide an opportunity to find out in the context of global efforts to vindicate constitutional environmental rights. This class is in some ways similar to a seminar: students will research a topic, write a paper and make a presentation. What makes it a “practicum” is that students will work in close collaboration with selected non-governmental organizations from around the globe that are advancing constitutional environmental rights claims in their countries. Because students will actually be contributing to ongoing litigation efforts, the course will combine educational, constitutional and social interests.
Estate Planning and Taxation
LW 749; 4 hours. In this course, students will learn the planning techniques, ethical and professional considerations, legal issues, tax consequences, and practice considerations associated with trust and estate planning and administration. Subjects include planning and drafting techniques focused on meeting client goals, minimizing federal taxation, maximizing asset protection for clients and the beneficiaries of their estates and trusts, maximizing the availability of governmental resources, and minimizing the risk of family disharmony in the administration of trusts and estates. This course will also focus on estate planning for a client’s mental disability through "advance directives," including financial powers of attorney, health care powers of attorney, living wills, and do not resuscitate directives ("DNRs").
Prerequisite(s): Taxation of Individual Income; Decedents' Estates and Trusts.
Evidence
LW 757; 4 hours. The presentation of proof before judicial and quasi-judicial tribunals gives rise to questions regarding the admissibility of evidence. These questions are studied in the context of examination of witnesses, competency, privilege, relevancy, the hearsay rule, judicial notice, and the presentation of scientific and demonstrative evidence.
Evolution of a Business Transaction
LW 937; 1 hour. This course will be devoted to an in-depth analysis of the transactions involved in the purchase of a business entity. Students will examine the documents, legal issues, and business concerns involved in the purchase of a business, beginning with the execution of a letter of intent and ending with the closing checklist. Students will work with actual sale and financing documents from such transactions, with a particular focus on the perspectives of the buyers.
Prerequisite(s): Business Associations (recommended).
Externship I
LW 921; 2 hours. The School of Law has created opportunities for students to obtain a meaningful educational experience outside of the classroom through externships with federal courts, state courts, government agencies, and other governmental and non-governmental organizations. During each enrollment period students will receive a list of the available externships and the specific requirements the student must be willing to meet to be considered for a particular externship. Some externship opportunities may require the student to apply for an available position, and be selected. Although the specific requirements for credit can vary among externship opportunities, all externships require certification of a minimum amount of student time on qualifying externship activities, regular attendance and participation in the classroom component of the course, satisfactory evaluations from the sponsor, and completion of all written work and evaluations. Grading is based on Credit/No Credit, and Credit requires a minimum performance of 'C' level (2.0) work.
Prerequisite(s): A student may not participate before completion of at least one academic year of study. If required by the sponsor or the work expected of the student extern, certification as a Legal Intern under the Kansas Supreme Court Student Practice Rule must be obtained. Additionally, some placements may have other requirements. See Externship Program for more information.
Externship II
LW 922; 2 hours. This course allows a student, who has completed Externship I for 2 credits, to do one more externship course with a different sponsor. The same conditions, guidelines, and grading policy for Externship I apply, except that Externship II does not require participation in a classroom component. See Externship Program for more information.
Prerequisite(s): Completion of Externship I. If required by the sponsor or the work expected of the student extern, certification as a Legal Intern under the Kansas Supreme Court Student Practice Rule must be obtained. Additionally, some placements may have other requirements.
Externship: Judicial
LW 976; 2-4 hours. Students may obtain educational experience outside of the classroom through externships with federal or state courts. During each enrollment period students will receive a list of the available externships and the specific requirements the student must be willing to meet to be considered for a particular externship. Some externship opportunities may require the student to apply for an available position, and be selected. Although the specific requirements for credit can vary among judicial externship opportunities, all judicial externships require certification of a minimum amount of student time on qualifying externship activities, regular attendance and participation in the judicial externship seminar, satisfactory evaluations from the court, and completion of all written work and evaluations. The judicial seminar will address such topics as judicial process, writing memos for judges, judicial opinion writing, confidentiality, professionalism, and other relevant topics. Guided reflections will be required for this externship.
Externship: Rural Practice
LW 858; 6 hours. This externship immerses students in the practice of law in a rural community. It provides the opportunity to experience living in a rural community and to appreciate the many civic roles fulfilled by lawyers. In addition to working with the designated supervising lawyer, students will interact with a number of judges, lawyers, government officials, business and civic leaders, and social service providers. The goal is to provide students with a thorough understanding of the varied legal issues addressed in a rural law practice and the professional and personal benefits of living and working in a rural community. Grading is based on Credit/No Credit, and Credit requires a minimum performance of 'C' level (2.0) work.
Prerequisite(s): Completion of one academic year of study.
Externship: Third Year Anywhere® I
LW 993; 6 hours. The Third Year Anywhere® program allows law students to perform fieldwork at placements inside and outside of Kansas for academic credit during their final one or two semesters. Students who participate in this program will reside and gain practical legal experience in the local market where the student seeks to practice after graduation from law school, thereby increasing the students’ practice-readiness. (Placements are subject to limitations based on student safety and educational integrity). Student Externs will work under the direct supervision of a local Field Placement Supervising Attorney ("Supervising Attorney"), with oversight from the Faculty Supervisor who is a faculty member at Washburn Law. Students may earn up to two credits of skills instruction per semester through this externship placement.
Prerequisite(s): Must Enroll in Law Practice Competencies I and II.
Externship: Third Year Anywhere® II
LW 994; 6 hours. The Third Year Anywhere® program allows law students to perform fieldwork at placements inside and outside of Kansas for academic credit during their final one or two semesters. Students who participate in this program will reside and gain practical legal experience in the local market where the student seeks to practice after graduation from law school, thereby increasing the students’ practice-readiness. (Placements are subject to limitations based on student safety and educational integrity). Student Externs will work under the direct supervision of a local Field Placement Supervising Attorney ("Supervising Attorney"), with oversight from the Faculty Supervisor who is a faculty member at Washburn Law. Students may earn up to two credits of skills instruction per semester through this externship placement.
Prerequisite(s): Must Enroll in Law Practice Competencies I and II.
Externship: Workplace Law
LW 881; 2 hours. Students work at a federal or state workplace law related agency or in another appropriate placement addressing primarily workplace law issues. Placement in certain positions may be competitive. All externships require certification of a minimum amount of student time on qualifying externship activities, regular attendance and participation in the classroom component of the course (to be held currently with the general Externship I class), satisfactory evaluations from the sponsor, and completion of all written work and evaluations.