Course Descriptions, Taking and Defending Depositions - Writing for Law Practice

Taking and Defending Depositions

LW 907; 1 hour. This is a course in effective questioning strategies and techniques in deposition practice. Students will gain hands-on skills experience in taking and defending depositions. Topics to be covered include deposition strategy, preparation of the deponent, dealing with the difficult lawyer opponent, using exhibits during the deposition, furthering the case theory in depositions, and gaining the maximum of helpful information from the witness, including admissions. Students will attend classroom sessions, practice their skills in small workshop groups and review videotapes of their performances. The course will be graded.
Prerequisite(s): Evidence and either Trial Advocacy or ITAP.

Tax Clinic: Low Income Taxpayer

LW 791; 1-3 hours. The Low Income Taxpayer Clinic course will provide students with experience representing clients in tax controversy work, and will provide students with a closely supervised environment in which they will learn to exercise professional judgment and develop skills critical to the effective practice of law. The students may assists clients with tax collection problems; liens and levies; offers in compromise; innocent spouse claims; claims relating to deductions, exemptions, and credits; collection due process hearings; and appeals conferences. In addition, they may represent taxpayers in cases before the United States Tax Court, the United States District Court, and federal appeals courts, working under the guidance of the Kansas Legal Services Low Income Taxpayer Clinic.
Prerequisite(s): Taxation of Individual Income.

Tax Policy Seminar

LW 823; 2 hours. The broad impact of tax legislation makes tax policy a topic relevant to every individual, business, and governmental entity in this country. This seminar focuses on the purposes presented as support for various tax regimes and specific tax laws. Students study and discuss statutes and regulations, legislative and administrative history, case law, and law review articles about tax policy and write and present a tax policy article.
Prerequisite(s): Taxation of Individual Income.

Tax Procedure

LW 813; 2 hours. The Tax Procedure course will provide students with exposure to the representation of clients in tax controversy work and will help students learn when to exercise professional judgment and develop skills critical to the effective practice of law. The skills focused on include interviewing clients, gathering and verifying facts, and preparing documents that would be filed in court or administrative agencies. The course will focus on professional and ethical judgment in tax cases, discuss the development of client relationships, while also increasing the students' persuasive writing, problem solving, legal analysis, and legal research skills. The course will also provide instruction in procedural and substantive law encountered in tax controversies. The students will work through tax collection problems; liens and levies; offers in compromise; innocent spouse claims; claims relating to deductions, exemptions, and credits; collection due process hearings; and appeals conferences. In addition, they may attend and assist with the pro bono calendar call for unrepresented taxpayers in cases before the United States Tax Court and learn about real-world case studies, under the guidance of the Kansas Legal Services Low Income Taxpayer Clinic.
Prerequisite(s): Taxation of Individual Income.

Taxation by State and Local Governments

LW 788; 2 hours. Surveys structure and concepts in sales, use, income, gross receipts, corporate franchise and property taxation. The course also focuses on interstate allocation or apportionment of tax burdens and the constitutional limitations of state taxing power.
Prerequisite(s): Taxation of Individual Income (recommended).

Taxation of Business Enterprises

LW 940; 3 hours. This course covers the tax consequences of forming, operating, and liquidating business enterprises. It will illustrate the effect tax law has on business and economic decisions, such as choice of legal entity, forms of compensation, and modes of distributing assets to enterprise owners. The course is essential for any person who will do transactional work in practice.
Prerequisite(s): Taxation of Individual Income.

Taxation of Individual Income

LW 790; 3 hours. This course introduces students to federal tax law. In the context of federal income taxation, the course focuses on the essential legal skills of reading, understanding, and applying statutes (the Internal Revenue Code) and administrative regulations. The prevalence of tax law makes the course important for every area of legal practice. The course will help students develop essential legal skills and also to spot tax issues that arise in numerous contexts. Students who wish to take additional tax courses should take this course during their second year because it is a prerequisite to most other tax courses.


LW 725; 4 hours. A survey of civil wrongs arising from breaches of legally imposed duties. The initial focus is on the intentional torts of assault, battery, false imprisonment, mental distress, conversion and trespass. The focus then turns to exploration of liability for negligently caused physical harm covering areas of general duty of care, breach, cause-in-fact, proximate cause, defenses and special or limited duties of care. There will be limited exploration of strict liability, products liability and protection of economic and dignitary interests such as defamation, malicious prosecution, fraud, and civil rights.

Torts: Product Liability and Privacy

LW 723; 2 hours. This course will explore the various liabiity regimes encountered in product liability and privacy. More specifically, the product liability aspect will include an examination of design defects, manufacturing defects, and warnings defects. The privacy aspect will explore the four privacy torts and examine the effect of the first amendment and the associated newsworthiness defense in an era of electronically stored information on the continued viability of the privacy torts.
Prerequisite(s): Torts.

Transactional Drafting

LW 707; 3 hours. This course teaches students a systematic approach to drafting legal documents associated with various types of transactions. By completing a variety of drafting exercises, students will learn to identify issues, further develop the analytical ability to research and isolate applicable substantive legal principles, and use the substantive law to draft documents designed to accomplish clients' goals. Drafting exercises will be reviewed and critiqued to provide students feedback as they practice identifying relevant legal principles and applying sound drafting techniques used by effective transactional lawyers.

Transactional Intellectual Property Practice: Trademarks and Marketing

LW 834; 2 hours. This course focuses on practical issues arising in connection with intellectual property protection, advertising campaigns, and product development. Students will learn how to establish trademark rights on behalf of clients, how to promote enforcement of those rights, and how licenses with third parties affect those rights. Students also will explore intellectual property issues in marketing, with a focus on false advertising and rights of publicity. The course will feature a practical, modern focus on communicating issues to clients and other attorneys through emails, slide decks, and agreements.

Trial Advocacy (and Intensive Trial Advocacy Program)

LW 766; 2 hours. This course concentrates on the trial phase of a civil and a criminal case. Emphasis is placed on development of skills and techniques for planning and trying a hypothetical case. Each student performs exercises with critiques from the instructor and group discussions and each participates in a full jury trial. This course is offered as either a 13-week full semester course or a one-week summer intersession course. Outstanding (equivalent of A work), credit (equivalent of C work), no-credit.
Prerequisite(s): Completion of or concurrent enrollment in Evidence.

Trial Advocacy Competition

LW 805; 1-2 hours. Open to students who have participated in an inter-law-school trial competition. Students who participate as advocates may receive one hour credit for each competition, for a total of two credits during law school. Students who only participate as witnesses may also receive credit, but may not earn more than one hour of credit for being a witness during law school as well as one hour of credit for participating as an advocate, if applicable. To receive any credit, participants must develop a substantial trial notebook for the competition. Credit, no-credit.

Tribal Law and Government

LW 941; 2-3 hours. U.S. lawyers increasingly find themselves representing clients in matters involving tribal courts, governments, lands, and citizens. This course will introduce students to the internal law and governance systems of the approximately 566 sovereign Indigenous nations located within the borders of the United States. Students will explore a rich variety of constitutional, executive, legislative, and judicial models. The class will also study various Indigenous North American approaches to substantive areas such as juvenile justice, environmental regulation, criminal sentencing, and so on. This course will provide critical knowledge to future practitioners in many fields, such as energy law, family law, and commercial litigation and transactions. It will also broaden skills in reading foreign law, navigating our complex federal legal system, understanding the legal challenges faced by developing nations, and gaining literacy in multi-cultural legal perspectives.

Veterans Law

LW 955; 3 hours. This course introduces students to the law relating to veterans' benefits, with a heavy emphasis on disability benefits. The course provides an opportunity for students to learn the basics of a very complex body of law affecting a significant minority of Americans. Students will explore a complex and highly integrated area of administrative law. They will become acquainted with the peculiar interrelationship of fact, statute, regulation, administrative procedure and judicial oversight which is the hallmark of practice in this area. In the course of so doing, they will learn how a government department operates in dealing with one of its important mandates. Moreover, examining how veterans' disability law developed historically will teach them how the absence of independent judicial review can frustrate both Congressional good intentions and the mission of the Department of Veterans Affairs.
Prerequisite(s): Civil Procedure. Recommended: Evidence and Administrative Law.

Volunteer Income Tax Assistance (VITA) and Compliance

LW 892; 1-2 hours. The course will concentrate on legal tax compliance for individual taxpayers, and will encompass work with clients from the Volunteer Income Tax Assistance (VITA) program to put these legal rules into practice. VITA Site Coordinators and Directors would be eligible for this course, with professor permission, and will be able to choose 1 or 2 credit hours. The students in this course will be expected to develop a tax compliance training program, and administer it to the VITA program volunteers.
Prerequisite(s): Permission of professor.

Water, Environmental, and Regulatory Law lmpacting Agriculture

LW 988; 1 hour. This course explores the rules governing the use and application of surface and groundwater to agricultural operations. Water rights in general are discussed, as well as the rules involving the recreational use of rivers and streams, the rules governing diffused surface water and underground water. Issues involving watercourses as boundaries are addressed. The legal basis for environmental law, including eminent domain and regulatory takings, are covered. The federal regulation of air, soil and water, and land as it applies to agricultural operations are examined. Environmental laws applicable to plants, wildlife and livestock are covered. Key federal regulations of agricultural businesses are covered, including relevant antitrust laws as applied to agriculture and the regulation of animals and plants, genetically modified organisms, agricultural commodities, and food products. The course concludes with a discussion of federal labor laws and their impact on agricultural operations, the Migrant and Seasonal Worker Protection Act, and restrictions on the foreign ownership of agricultural land.

Water Rights

LW 742; 3 hours. This course explores the way rights to use are allocated in the various jurisdictions of the United States. It examines acquisition and exercise of water rights, statutory procedures of acquisition, comparison of riparian rights and appropriation rights. This course also deals with the difficult issues of ground water, surface water run-off, interstate water allocation and management, and matters of federal and Indian water rights.

White Collar Crime

LW 936; 2-3 hours. This course examines the statutes, doctrinal developments, social and economic issues that are essential features of white collar crime. The course will venture well beyond the first-year Criminal Law survey course, while extending principles of conspiracy, theft, and mens rea concepts permitting derivative criminal liability. Topics include the jurisprudence of white collar crime, criminal liability of corporations and corporate executives, mail and wire fraud, tax and securities fraud, false claims against the government, money laundering and asset forfeiture. Throughout the course, students will be challenged to consider how the information learned in the course could be applied to better represent clients and to consider alternative approaches with potential to yield favorable outcomes that advance client interests and address the policies underlying criminal liability.
Prerequisite(s): Criminal Law.

Workers' Compensation

LW 781; 2 hours. The primary focus of this course is workers' compensation statutes although other selected areas concerning economic protection of employees, such as Social Security Insurance and Unemployment Insurance, may also be included.

Writing for Law Practice

LW 901; 3 hours. This course is designed to supplement the first-year curriculum by strengthening legal writing, analysis, and critical thinking skills. Students will learn to apply principles of logical analysis, plain English, and proper planning, organization, and drafting by preparing legal documents commonly assigned to new law firm associates. Students will be expected to develop a portfolio of graded writing assignments for a variety of audiences, including but not limited to client letters, dispositive motions, proposed jury instructions, and judicial opinions. The focus of the course is the enhancement of analytical writing skills for law practice. Enrollment is limited to 18 students.
Prerequisite(s): Legal Analysis, Research and Writing I and II.