Course Descriptions, Negotiation - Study Abroad, Maastricht University
LW 857; 2 hours. This class teaches negotiation theory and its practical application. Negotiating is one of the most important skills used by attorneys. The class will not focus on dispute resolution specific to litigation such as ADR or mediation. Rather, negotiations skill is learned by understanding strategy and theory, and students will have the opportunity to experiment through classroom exercises and simulations. The class will encompass a combination of readings, discussion and in-class exercises in which students will conduct negotiations and roleplay. In-class negotiations will draw from many potential scenarios, including business transactions, international disputes, labor and contract negotiations. Students will be evaluated based on self and peer review, results achieved in the mock negotiations, and a written paper or midterm.
LW 777; 1-2 hours. Open to students who prepare for and compete in the ABA Regional Negotiation Competition. In addition to participating in the competition, students must submit a memorandum on one of the problems designed for the competition. Students may earn 1 hour per regional competition, not to exceed 2 hours. Credit, no-credit.
LW 950; 2-3 hours. This course will survey state rules applicable to non-profit corporations and other forms of organizations. Emphases will be given to federal tax rules required for recognition of status as an organization exempt from income taxation and operational tax compliance issues. Students will be expected to prepare basic articles of incorporation and bylaws to form a simple non-profit corporation and also the forms necessary for submission to the IRS to obtain recognition of its tax exempt status.
Oil and Gas Conservation Law and Practice
LW 966; 1 hour. Every oil and gas producing state has a "conservation commission" that is charged with preventing "waste" of the oil and gas resource while protecting the "correlative rights" of resource owners. These state agencies regulate all aspects of oil and gas development from drilling to abandoning wells. Conservation commissions also have extensive authority over environmental matters associated with oil and gas development. This course examines the statutes and regulations administered by the Conservation Division of the Kansas Corporation Commission, and the laws and practices that have developed around the Kansas programs. Students will have an opportunity to work directly with the Conservation Division's legal and technical personnel and observe first-hand the Division's operations. Credit, no-credit.
Oil and Gas Law
LW 740; 3 hours. Some of the most complex contract and property law issues concern the determination of rights and obligations in the oil and gas natural resource. Students will learn the law governing oil and gas ownership, development, marketing, and transfer. This course also studies the “upstream” exploration and production elements of the oil and gas industry to fully appreciate how law can impact an industry, and how an industry can impact the law. Even students who may not have a particular interest in oil and gas law will find this course very useful in further developing their contract and property law skills. This class is a prerequisite for Advanced Oil and Gas.
Oil and Gas Taxation
LW 968; 1 hour. The oil and gas industry is subject to many unique forms of state and federal taxation. Students learn the law governing the various forms of federal and state taxation associated with the exploration, production, and marketing of oil and gas. All forms of taxation will be studied, including income, ad valorem, and various forms of production taxes. Special tax incentive programs are also studied. Basic taxation considerations in routine oil and gas transactions receive special attention. Credit, no-credit.
LW 918; 2 hours. This course focuses on the patent component of intellectual property and includes instruction on determining patent eligibility, utility, novelty, nonobviousness and the role of prior art. It also includes instruction on patent drafting, prosecution, post-grant protection, infringement, and remedies. International patent issues will also be addressed.
Prerequisite(s): Intellectual Property.
LW 961; 2 hours. This course provides students with the practical skills needed to succeed as patent attorneys. Students will learn how to draft claims, prepare a written patent description, and respond to Office actions (communications from examiners at the U.S. Patent and Trademark Office). Students also will complete short drafting assignments designed to help prepare them for the patent bar exam. While the course is not a comprehensive patent bar preparation course, it will help students prepare for a portion of the patent bar testing the Manual of Patent Examining Procedure. The course will also cover cases illustrating application of patent concepts patent lawyers frequently encounter during patent prosecution, such as patent-eligible subject-matter, novelty, non-obvious subject matter, and content of a patent application.
LW 867; 3 hours. This course examines Uniform Commercial Code articles 3, 4, and 5 on negotiable instruments, bank deposits and collections, and the law regulating other payment devices such as credit cards, electronic fund transfers, and letters of credit.
LW 765; 3 hours. This course gives students an opportunity to develop a case from the time a client walks into the office with a problem to the final pretrial conference and is designed to provide a bridge to the world of real practice from the realm of legal theory. The class consists of a combination of lecture/demonstrations by faculty and frequent opportunities for student performances, both written and oral, which are critiqued by adjunct professor practitioners in small groups. All aspects of pretrial practice are covered. Each student develops and practices interviewing skills, drafts pleadings, drafts and argues motions, drafts discovery, prepares witnesses for deposition, conducts and defends a deposition, and participates in a final pretrial conference. Outstanding (equivalent of A work), credit (equivalent of C work), no-credit.
Prerequisite(s): Completion of, or concurrent enrollment in, Civil Procedure II. Recommended: Completion of or concurrent enrollment in Professional Responsibility.
LW 768; 3 hours. This course will focus on applying criminal procedures to two simulated cases. One case will involve a state prosecution, the other will involve a federal prosecution. Students will follow these criminal cases through every step of the pretrial procedure, acting as the attorneys in these cases. Each student will have the chance to handle one case as a prosecutor and one case as a defender. Practical skills taught will range from drafting complaints/informations; conducting bail arguments; presenting cases to a grand jury (for federal cases); conducting preliminary hearings (for state cases); making and responding to discovery demands; drafting and responding to motions to suppress evidence and motions to dismiss; conducting evidentiary suppression hearings; and participating in negotiations and pretrial conferences. Outstanding (equivalent of A work), credit (equivalent of C work), no credit.
Prerequisite(s): Criminal Procedure.
Principles of International and Comparative Taxation
LW 983; 3 hours. Tax law is used to not only raise revenue for the state, but also as a tool of social and economic policy. Students will examine elements from the tax systems of the United States and several other countries to understand the different ways in which tax provisions are used to accomplish these social and economic goals. This is a policy course, not focused on the Internal Revenue Code, and open to students who have not enrolled in other tax courses.
LW 814; 2-3 hours. This course will examine traditional products liability law and offer students fundamental knowledge on the classic doctrines, theories, causes of action, and defenses that practitioners use to resolve cases involving defective products. In addition, course emphasis will be given on knowing and organizing products liability law for the bar exam and also honing important legal reasoning and analytical skills.
LW 770; 3 hours. Study of the legal profession and the law governing lawyers, focusing on the ethical rules for professional behavior, the disciplinary system for ethical misconduct, and other law controlling lawyer behavior. This course is a prerequisite for Legal Malpractice Seminar, Externship and Clinic Internship.
LW 732; 4 hours. The course examines the concept of property, personal property interests, formation of interests in land, including freehold and non-freehold estates, concurrent ownership, adverse possession, marital interests, landlord and tenant relations, and allocation and development of land resources, including easements, covenants and equitable servitudes.
Public Employment Law
LW 959; 2 hours. This course provides an in-depth study of the law governing public employment, including union representation and collective bargaining in the public sector. The primary concentration will be on the law governing state and local government employees, with some limited study of the federal sector.
Public International Law
LW 928; 3 hours. This course will cover the nature, foundations, and sources of international law, explain the relations between international law and domestic law, explore the role of states, organizations, individuals, and corporations in international law, examine treaties and survey basic human rights instruments.
Public Land Law
LW 747; 3 hours. Examination of issues involved in managing land owned by the federal government, nearly one-third of the nation's land base. The course explores the constitutional and statutory rules that have been layered on top of each other since founding of the country, the problems presented in navigating through the layers and issues of federal/state relations raised by national ownership of land. Covered topics include federal water rights, regulation of mining, grazing and forestry, protection of wildlife and preservation of scenic and wild areas.
Prerequisite(s): Administrative Law (recommended).
Race and the Law
LW 902; 3 hours. This course explores the concept of race and civil rights issues from a multiracial perspective and examines anti-discrimination laws in such areas as interracial marriage, public accommodations, housing, education, employment and voting. Major institutions studied include courts and legislatures at both the state and federal levels, with particular emphasis placed on the role of these institutions in the preclusion and allowance of political, social and economic opportunities for racial and ethnic minorities. Meets upper division writing requirement.
Prerequisite(s): Constitutional Law II (or concurrent enrollment).
Real Estate Transactions
LW 733; 3 hours. This course focuses on the residential real estate transaction. Stressing the lawyer’s role in the real estate transaction, the course examines the numerous federal and state laws which regulate even the most basic land transaction – the single family residence. Other topics include the duties of broker and lawyer, financing arrangements (including mortgages, trust deeds and installment land contracts), the contract for sale of land, deeds, land descriptions, recording acts, title examination and protection.
LW 739; 3 hours. This course surveys the law of remedies in civil litigation, exploring the most significant alternatives available to civil litigants-- compensatory and punitive damages; equitable relief, including injunctions and specific performance; legal, equitable and specific restitution; rescission; and reformation. The course considers remedies from a problem-solving perspective and as a set of choices made by clients and their lawyers.
Renewable Energy Law: Wind and Solar
LW 985; 1 hour. The focus is on two forms of renewable energy: wind and solar. The technical foundations for each resource are followed by a study of the patchwork of federal, state, and local laws that promote or inhibit development of wind and solar resources. After acquiring the technical and legal background, the focus will shift to how the legal and practical realities impact developers when evaluating feasibility and siting of a wind or solar project. After considering the business side of the project, the course focuses on the lawyer's work to make it happen. This includes obtaining wind and solar rights, financing, permits, and sale of the power generated. A major portion of the course addresses how to structure the deal and the documents lawyers must negotiate, draft, and administer to create an operating wind or solar facility.
LW 870; 3 hours. Examines Uniform Commercial Code provisions on secured transactions and related areas. The course also explores the application of bankruptcy law to secured transactions and the effects of consumer legislation on secured credit.
LW 785; 3 hours. This course will focus on the federal regulation of securities under the Securities Act of 1933 and the Securities Exchange Act of 1934. It will analyze the registration and exemption provisions of both the state and the federal securities laws, and cover concepts such as materiality, the definition of a security, and disclosure requirements. Other topics may include corporate governance, executive compensation, securitization and the use of stock options. The course will also look at proposed changes to the regulation of securities.
Prerequisite(s): Business Associations.
Sexuality and the Law
LW 934; 2 hours. Sexuality and the Law will examine legal issues affecting sexual minorities, such as the governmental regulation of sexual conduct, family formation, parental relationships, and employment. The course will explore constitutional analyses under the First and Fourteenth Amendment, as well as statutory provisions that legislative bodies have recently enacted to address this rapidly expanding area of the law.
Specialized Legal Research: Foreign, Comparative and International Law
LW 930; 1 hour. This course will introduce students to the strategies and sources (electronic and print) associated with researching public international law, foreign law, and comparative law. Coursebook readings, demonstrations, lectures, and hands-on research exercises will acquaint students with: basic concepts and background materials; Internet sources; U.S. and multinational treaty research; sources for the U.N., European Community, and selected NGOs and IGOs; topical research (International Trade); and researching the law of Canada, the United Kingdom, and the Netherlands.
Prerequisite(s): Legal Analysis, Research and Writing I and Legal Analysis, Research and Writing II.
Specialized Legal Research: Statutory and Regulatory Law
LW 949; 2 hours. This course covers in greater depth various legislative and administrative research topics introduced in the first-year LARW classes. Students will thoroughly examine federal legislative and regulatory processes and master strategies for finding and using various legal and interpretive materials produced by Congress, the President, and government agencies. The course addresses traditional and electronic research methods, techniques for tracking contemporary activity, and the use of FOIA requests and similar mechanisms for obtaining otherwise inaccessible information. As a final project, students will compile an extensive report documenting a federal agency's statutory authority and regulatory activity.
Prerequisite(s): Legal Analysis, Research and Writing I and Legal Analysis, Research and Writing II.
Study Abroad, Maastricht University
LW 990; 6-15 hours. See the Study Abroad, Maastricht University web site to learn more about this program.