940 Law & Contemporary Problems, Fall 2010 to Spring 2013

Course Page for Fall 2010 - Senatori, Megan

Is there a place for the consideration of the interests of animals in the law? Throughout the course of the semester, we will examine the historical and current status of animals in our legal system. Students will examine a diverse cross-section of law devoted to the controversial moral, ethical, and public policy considerations germane to efforts to balance the interests of animals and those of humans. This course is not an animal rights course. Rather, students will be invited to explore whether the law has a place for animals and, if so, where lines ought to be drawn.   The course is a seminar course, graded on class participation and a final exam.

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Course Page for Spring 2013 - Ohnesorge, John

This seminar is designed to give students an appreciation of the
role of law in Chinese society, in the past, and today.  We will
begin the seminar with an examination of law in traditional Chinese
society, which constituted perhaps the world's most influential
alternative to the Western legal tradition.  We then look briefly
at past efforts to "modernize" Chinese law, during the Republican
period before 1949, and during the influence of Soviet law after
1949.  The remainder of the semester will be spent on China's
current efforts to establish a legal system, focusing on topics such as
constitutional law and human rights, intellectual property law,
environmental law, or corporate law.  The exact topics covered
will depend upon students' interests.  Students will write papers,
and will present those papers to the class during the last few
sessions.  Grading will be on the basis of the papers and the
presentations.

 

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Course Page for Spring 2012 - Alderman, Kimberly

This course will introduce students to the legal and ethical issues involved in representing clients in the civil context, with an emphasis on transactional work. Via simulated art transactions, students will represent clients through the arc of an attorney-client relationship -- from being retained to closing the client file and sending a final bill. In the course of representation, students will advise their clients on transactions, research and resolve pertinent legal and ethical issues, and draft documents. Students will develop skills critical to the effective and ethical practice of law and, in the process, develop a broad understanding of art law.

Course Page for Fall 2012 - Mitch,

Community Lawyering is a service learning course intended to cultivate essential lawyering skills while working on projects that address community issues.

Students should come ready to build on and integrate their prior work, volunteer, clinic, internship, or academic research experiences.

Course Page for Spring 2011 - Trochev, Alexei

This seminar explores the origins, functioning, and impact
of constitutional and supreme courts as tribunals, armed with the powers of
judicial review of laws and regulations. These courts now function in more than
150 countries and decide crucially important issues, such as what to wear in
public, whom to marry, providing Internet access, banning political parties,
pardoning dictators, and shooting down hijacked airplanes. We will contrast and
compare how different national and supra-national courts operate and how they
approach these and other fundamental political questions. By analyzing selected
judicial decisions and their criticisms, we will try to determine the degree of
“judicial activism” of these tribunals and see how it affects lives of ordinary
citizens. At the end of the course, we will write a 16-page comment on the
selected decisions of the constitutional courts.

Recent Offerings of this course by this instructor

Course Page for Spring 2013 - Williamson Jr., Brady

The Arab Spring has brought dramatic change to the Middle East, some anticipated, some not, in the legal and constitutional structures in half a dozen countries. Egypt today is in the midst of a constitutional drafting and referendum process that offers lessons in both process and substance and that, for good or ill, may prove a precursor for similar developments in other countries. The instructor spent a week in Cairo in December 2012 during the tumultuous period just before the voters' approval of the new Egyptian constitution (replacing the 1971 constitution), interviewing a diverse range of officials, lawyers, academics and others. In addition, new parliamentary elections will take place in February or March, which will provide a contemporaneous context for the course. The course will draw on these developments as well as the Arab Spring experience over the last two years of countries from Morocco to Iran. (Note: depending on the number of students, and their interests, the course may be offered as independent study.)

Course Page for Fall 2012 - Schwartz, David

The Constitution in the American Civil War

The American Civil War tested, defined and redefined the United States Constitution more deeply, and in more varied ways, than any other episode in U.S. history since the founding itself. This seminar is designed to explore some of the ways in which that statement is true. Each week, we will examine a different topic in which government actors and individuals tested constitutional understandings or limits in the run-up to the Civil War, during the armed conflict, and in the immediate aftermath. Course materials will include primary and secondary historical material and contemporary judicial decisions.

Topics will include: the constitutional status of slavery and constitutional structures designed to protect slave property in the antebellum period; the constitutional arguments for secession; the scope of presidential war powers as asserted by Lincoln (e.g., the blockade of Southern ports, the suspension of habeas corpus); the redefinition of Congressional power by the Republican congresses of 1862-64; the constitutional issues surrounding the Emancipation Proclamation; the Confederate constitution; the state of civil liberties in the north and south; the constitutional questions around readmitting rebellious states into the Union; the post-war Amendments and reconstruction; and others.

Each students must produce a seminar paper meeting the upper level writing requirement (at least 15 pages and a revision).

Course Page for Spring 2011 - Williamson Jr., Brady

Constitutional development in emerging democracies. 
Over the last decade, a number of new and nascent democracies have adopted
constitutions that offer lessons in the rule of law--both its process and its
substance.  How did these countries draft their constitutions?  Do
they reflect only theory and aspiration or are they making a difference in the
political and social life of the country?  This 3-credit course will review
constitutional concepts, internationally-defined, and focus on the
constitutional and election law process in Iraq,
Sudan, Bangladesh
and other countries.  On January 9, 2011, the people in Southern Sudan will vote in a referendum on secession from Sudan, a unique democratic process that could lead to the establishment of the world's newest country.  Depending on the referendum's outcome, students in this seminar probably will have the opportunity to help support, from afar, the development of a transitional constitution for the new nation, which would take effect on July 9, 2011

Course Page for Spring 2013 - Aiken, Jeffrey

The course deals with the various aspects of construction law, drawing upon a student’s existing knowledge of contract and tort law and expanding into the wide array of construction specific issues --such as project delivery systems, risk allocation principles, contract forms, insurance coverages, liens, surety bonds, owner and contractor claims and dispute resolution processes. The sessions will be taught in a discussion and practical exercise format, focusing on pre-assigned reading materials. There will be a final short answer essay or multiple-choice exam. Over one-third of U.S. economic output is related to the construction industry which produces a large volume of disputes subject to resolution through ADR or judicial proceedings, requiring not only a working knowledge of contract, tort, insurance and oftentimes surety law but also industry standard project delivery systems and practices. This course will meet once per week for two hours focusing on the broad range of unique construction law issues from contracting and risk allocation principles to claims resolution, drawing upon a student’s existing knowledge of common law legal and equitable principles after exploring the wide range of project delivery systems, procurement and construction activities.
The sessions will be taught in a class discussion and practical exercise format, focusing on pre-assigned reading materials requiring approximately 50 pages of review for each session.

Recent Offerings of this course by this instructor

Course Page for Spring 2011 - Alderman, Kimberly

This 2-credit course provides an introduction to the body of law regulating and pertaining to cultural property such as ancient artifacts, historical relics, and fine art.  Cultural property law may be criminal or civil, domestic or international, and it may be aimed at regulating the trade in cultural materials or it may protect them only incidentally.  Topics covered include organized crime in the illicit antiquities trade, cultural property protection in times of armed conflict, the disposition of underwater archaeological materials (shipwrecks), repatriation of colonially acquired artifacts, repatriation of Nazi-looted objects, repatriation of Native American remains under NAGPRA, bilateral agreements between source and market nations, and the role that museums and auction houses play in the illicit antiquities trade.   Each student will draft an analytical, scholarly paper on a pertinent topic of their choice.  This paper will constitute 80% of the final grade.  The remaining 20% will be determined by participation and small projects or presentations.  This course can fulfill the upper level writing requirement or be taken Pass/Fail.  Enrollment is limited to 20 students.

Course Page for Spring 2013 - LaVigne, Michele

See individual sections for descriptions.

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Course Page for Fall 2012 - LaVigne, Michele, Strang, Dean

A substantial amount of criminal defense work in any jurisdiction is handled by private practitioners who accept appointments from the court or the local public defenders office. This course will focus on the defense of a criminal case, from attorney-client issues through sentencing, with special attention paid to issues that affect private counsel, including hiring experts, record keeping, time management, and mentoring for the solo practitioner. Substantive topics covered will include case analysis, motions (statutory and constitutional), mitigation, negotiations, and professional responsibility. (Note: This course will not cover the actual trial of a case). Grading will be on the basis of written submissions (motions, memos etc.) and in class performance (arguments, evidentiary motions).

This class is only open to 3Ls who have NOT participated in the Defender or Prosecution Projects. Students enrolled in 940-011 (The Prosecution Function) or 940-012 (The Defense Function) during the Spring 2012 semester are not eligible to enroll.
Enrollment Limit: 16

Course Page for Spring 2013 - LaVigne, Michele

See individual sections for descriptions.

Course Page for Fall 2012 - Meuer, Teresa

Course focuses on state and federal laws, policy and practices impacting victims and perpetrators of domestic violence. Topics examined include dynamics of domestic abuse; restraining orders; mandatory arrest law via law enforcement, prosecution & sentencing responses; batterers treatment; battered women who kill & the battered women syndrome; family law, including custody/physical placement, relocation, mediation, effects on children who witness violence; Violence Against Women Act (VAWA); domestic abuse against the elderly; and welfare reform. Class involves papers, observation of injunction hearings and interactive exercises.

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Course Page for Fall 2012 - Knudsen, Terrence

The course will provide an overview of the Employee Retirement Income Security act (ERISA) as applied to tax-quality retirement plans and employee welfare benefit plans, and as regulated by the Internal Revenue Service, the Department of Labor and the Pension Benefit Guaranty Corporation (PBGC).  A first look will also be given to the recently enacted health care reform legislation.  In addition to compliance issues, the course will analyze the design and implementation of  benefit plans, and review the practical role of the benefits attorney representing clients in mergers, acquisitions and other specialized  transactional matters.

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Course Page for Fall 2011 - Secunda, Paul

Education Law explores controversial and thought-provoking legal issues faced by public and private elementary and secondary schools (less time is spent on higher education issues). In examining issues such as affirmative action, school prayer, creation science, school vouchers, faculty tenure, student discipline (including corporal punishment), academic expression, and special education, we will delve into various constitutional, statutory, and common law sources. The goal of this course is to provide the student with a basic understanding of some of the most important legal challenges that face public and private elementary and secondary schools in the 21st century.

Course Page for Spring 2012 - Clauss, Carin

See individual sections for descriptions.

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Course Page for Summer 2011 Second 5-Week Session - Secunda, Paul

Employment Law is basically a survey of the common law of wrongful discharge, public employee rights, privacy issues, covenants not to compete, wage and hour laws, leave laws, unemployment compensation, and occupational safety and health. It is distinguishable from Labor Law in that Labor Law's orientation is only union-management relations, with focus on organizing, collective bargaining, and protected activities (picketing, strikes, boycotts, etc.). However, note that Employment Law topics have sometimes been taught at the Law School under the course title "Protective Labor."

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Course Page for Spring 2012 - Baker, Shalanda

This course explores the role of large energy and infrastructure projects in international development. Students will gain an understanding of the theoretical underpinnings of modern development, as well as begin to understand how large projects are financed. In addition, students will begin to identify many of the social externalities associated with large projects, including renewable energy projects. The course will combine elements of international development theory, finance, corporations, human rights law, and environmental law; however, no specific prior coursework is required. The final grade will incorporate student participation, a project presentation, and final paper.

Course Page for Fall 2012 - LaVigne, Michele

See individual sections for descriptions.

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Course Page for Fall 2010 - LaVigne, Michele

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Course Page for Fall 2010 - Kempinen, Ben

See individual sections for descriptions.

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Course Page for Spring 2013 - Levenson, Barry

FOOD LAW: Our everyday encounters with food are not without profound legal
implications. This course explores all aspects of the emerging specialized area of food law. These involve application of a myriad of principles from different
disciplines, including constitutional law, torts, intellectual property, and
administrative law. The course will also help students develop their brief writing and oral advocacy skills.

Recent Offerings of this course by this instructor

Course Page for Spring 2013 - Gaines, Martha (Meg), Davis, Sarah

This seminar is designed to build on the patient advocacy clinical experience by (1) deepening understanding of the systemic causes of problems consumers experience with health and health care in the U.S. and remedial opportunities; (2) examining key elements of, and challenges/opportunities in, the advocacy field; (3) strengthening identity and capacity as an advocate – with particular emphasis on system-level strategies. The course: introduces theories of change, themes, roles, and strategies of system level advocacy; highlights the opportunities and limitations of patients in the policy domain, explores the role of advocacy groups, and critically examines advocacy in the legislative, regulatory, community, and organizational arenas.

Course Page for Fall 2012 - Heymann, S. Richard

Business transactions constitute one of the more important aspects of business law. This course is intended to enable students who contemplate a career in business law to become familiar with the elements of basic business transactions and the legal issues they present to the lawyers who handle them. During the fall semester (Fundamentals of Bus. Trans. I) we will begin to study the characteristics of certain basic transactions and some of the more common issues they often present. (Fundamentals of Bus. Trans. II in the spring term will complete our analysis and proceed to apply what we have covered in the first part of the course to a sample transaction.) While this is not a "skills course," we will also address certain basic negotiation and drafting issues inherent in business transactions. 3L status and Bus. Orgs. I are pre-requisites.

Recent Offerings of this course by this instructor

Course Page for Spring 2013 - Heymann, S. Richard

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Course Page for Fall 2010 - Esterhaus, Lars, Forster, Wolfgang

Part I: “German Civil Law within
the European Context” (Lars Esterhaus) The class will give an
introduction to the basic principles of substantive and procedural Civil Law in

Germany, its methods and doctrines. Goal of the class
is to understand basic principles of the German Civil Law System as an example
of Continental European Law. The principle of separation and abstraction,
contract law, property law, tort law, and -- peripherally-- business and labor
law will be covered. This may open comparative views for both students and
instructor and help to understand the way of social, cultural, economic life as
well as the legal structure within the different state systems.  Since

Germany is a member state of the European Union, we
will also address how the German legal system appears within the European
Context.  (Lars Esterhaus is an advanced
research fellow at the office of Professor Dr. Martin Lipp and teaches civil
law for beginning and advanced law students at the

University of
Gießen. )

Part II: “European Civil Law - A
historical Introduction” (Wolfgang Forster) The second-half of this
course addresses the formation of the German civil law within the European
context: Why is it that, on the one hand, German Civil law is to be found in a
codification dating from the end of the XIXth century?  On the other hand, the single most important
influence on today’s German civil law, as on the civil law of any member state
of the European Union, is their so-called harmonization, imposed by a barrage
of EU directives: we will study the history of the European Community/European
Union and the formation of its competences regarding the civil law of its
member states.  The course will tackle
fundamental questions such as the evolution of the legal science, the
pan-European ‘ius comune’, the development of separate civil and common law
systems and the idea of codification of civil law.  (Wolfgang Forster is Professor for civil law
and philosophy of law at the Law Faculty of the

University of
Gießen. He teaches philosophy and history of law,
contract law as well as civil law.)

Course Page for Fall 2010 - Dechene, James

Health Care Fraud and Abuse has for years been identified as
one of the most important enforcement priorities of the Department of Justice. Cases
brought by the Department of Justice represent most of the largest fraud
settlements obtained by the federal government.  This class explores the
laws that form the basis for federal health care fraud and abuse enforcement,
including prohibitions on financial inducements, false claims and physician
self-referrals.  It also focuses on application of the false claims
provision to health care and the dynamics of cases brought by whistle-blowers,
including threshold defenses to false claims act cases.

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Course Page for Spring 2013 - Alexander, Lisa

HOUSING & COMMUNITY ECONOMIC DEVELOPMENT LAW
3 or 2 credits; Limit 15 people.

Instructor: Professor Lisa Alexander

This seminar is a broad introduction to the growing area of Housing and Community Economic Development Law (CED). It will address the legal, business and policy considerations that underlie efforts to enhance U.S.-based, low-income, urban and rural communities through the development of affordable housing, commercial real estate, and social and micro enterprises. Because non-profit organizations play an important role in housing and community economic development, the course will provide an introduction to the legal issues related to the involvement of tax-exempt organizations in this work. The role of private entities as well as all levels of government will be explored. The central question in this course is: what roles do lawyers play in housing and CED efforts? We will address this question through multiple perspectives including role plays, in-class exercises, hearing guest speakers discuss live deals and visiting real world projects. Students will each write a seminar paper of at least 15-25 pages.

Recent Offerings of this course by this instructor

Course Page for Fall 2010 - Alexander, Lisa

Housing & Community Economic Development Law

This is a multi-disciplinary
course in which students will study the specific laws and regulations, as well
as the business and policy considerations, that underlie efforts to create neighborhood-based
non-profit organizations, develop affordable and low-income housing, stimulate
jobs and entrepreneurship, establish community-based financial institutions, and
develop commercial real estate in low-income primarily urban communities.  Although recent manifestations of Housing
&
CED policy have their roots in earlier
war on poverty, urban renewal, redevelopment and community action efforts of
the 1960’s and 1970s, the new market-based approach to
CED
is a distinct movement that began to flourish in the 1980’s during a period of
increased privatization and devolution of federal government stewardship of
public services.  Students will contrast
this predominately market-based philosophy of
CED
with the emerging equitable and accountable development movements. These
movements seek to ensure that low-income individuals are the primary stakeholders
and beneficiaries of development in their communities.

The central question in this course is: “What role do lawyers play in
CED efforts?”: We will address this
question from multiple perspectives including: (1) learning the substantive
legal skill set of
CED lawyers; (2)
performing in-class exercises; (3) hearing guest speakers discuss “live deals”;
(4) visiting
CED projects; and (5)
conducting research on critical
CED policy
initiatives, through group service learning projects with Madison area
CED
practitioners.

The main course requirements are
a 10-15 page final paper and participation in a research-based group service
learning project.  This course is a
3-credit class and will be subject to a cap of fifteen students. Permission of
the professor is required.

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Course Page for Fall 2010 - Huneeus, Alexandra

This class examines the growing influence of human rights
discourse and international human rights law in the courts, and in Latin
American politics more generally.  The emphases of the class will be on
understanding the changing role of courts in politics, as well as the relation
between national courts, the Inter-American System for Human Rights, and the
international sphere.  We will also examine arguments that
Latin
America has a distinct tradition of human rights.  Students
will emerge from the class with a rich understanding of Latin American legal
institutions at both the national and regional level.



The course will be run as a graduate seminar, and students will be expected to
write a 25-page research paper.  There are no prerequisites for this course.

Recent Offerings of this course by this instructor

Course Page for Spring 2013 - Sidel, Mark

This seminar covers the dimensions and scope of human trafficking; the international, federal and state law governing trafficking, involuntary servitude and related offenses from the 13th Amendment to the present, including recent statutory developments such as the Trafficking Act of 2000 and its reauthorizations and amendments in 2003, 2005, and 2008; the combined prosecution/prevention/protection model employed in the U.S. against human trafficking; prosecution strategies used by the departments of Justice, Labor and other executive agencies; civil litigation by trafficking victims against their traffickers; the development, diversity, potential and limits of state anti-trafficking legislation; the relationship between trafficking law and labor law; the role of the Congressionally-mandated annual State Department Trafficking in Persons reports on trafficking in other countries; anti-trafficking strategies in other selected countries and areas (such as Canada, UK, Australia, EU); and other legal and policy issues involving trafficking and involuntary servitude. Students will write significant papers on a common theme in human trafficking.

Course Page for Spring 2013 - Frenchick, Grady

IP Issues for Business Lawyers:
(1.) Mergers et al. IP in the New Technological Age, 6th Ed. The text will be used during the first approximately 2/3 of the semester while the students are researching their presentation/paper topics; Presentations will be scheduled and given to the class during the remaining part of the semester.
(2.) IP-related articles in the business press e.g., the Wall Street Journal, The New York Times, can or will provide topics for student research papers . Recent examples include stem cells (ethics), eBay (compulsory licensing), Blackberry (patent entrepreneurs), short term copyright protection for fashions, the Merck case (experimental use), proprietary/generic drug conflicts, e.g. Bristol-Myers drug Plavix, F.T.C. generic drug policy, Hatch-Waxman “reverse payments” antitrust issues; eBay; Medimmune; IP and telecom trade-based issues in the International Trade Commission, mobile device patent wars (Apple, Samsung); KSR; Seagate; the American Invents Act; restriction of the inequitable conduct doctrine; trademark registration argument estoppel; the recent jurisprudential attention from the USSC given to the Court of Appeals for the Federal Circuit relating to patentable subject matter (Bilski, Prometheus) and patent exhaustion (LG Electronics); Bayh-Dole federal research dollar-supported academic tech transfer—non-practicing entity issues; the patentability of genes. There are many others. The student identifies a topic of their choice, including but not limited to articles in the business popular press (or elsewhere), researches the IP and business issues relating thereto, gives a presentation to the class, and writes a paper in law review format. (If taking the course for 2 credits, the paper should be about 15 pages; if for 3 credits, about 25 pages.) The paper will be due the last day of finals.

The format will be largely student-determined and permits business lawyer students with interests in copyright, patent, litigation, antitrust law, tax law, IP ethics corporate law or trademark law to take the class. Evaluation: class discussion (10%), presentation (10%) and paper (80%) (Pass-Fail available). Prerequisite: an IP course (patent law, patent prosecution, patent skills, copyright law, trademarks, licensing) or antitrust law --and an interest in IP business issues.

Questions? Please contact:
Grady J. Frenchick
B.A., M.S., J.D.
Patent Attorney
Direct: 608-234-6056
Cell: 608-334-3014
Tel: 608-255-4440
Fax: 608-258-7138
GFrenchick@whdlaw.com

Course Page for Spring 2011 - Frenchick, Grady

IP Issues for Business Lawyers: 
(1.)     Mergers et al. IP in the New
Technological Age, Revised 4th Ed. The text will be used during the first
1/3 to 1/2 of the semester while the students are researching their
presentation/paper topics;  Presentations will be scheduled and given
during the rest of the semester.  (2.)    IP-related
articles in the business popular press e.g., the Wall Street Journal, TheNew York Times, Newsweek, Time.  Recent examples
include stem cells (ethics), eBay (compulsory licensing), Blackberry (patent
entrepreneurs), short term copyright protection for fashions, the Merck
case (experimental use), Glaxo's settlement with the
IRS
for $3.4 x 10⁹ (transfer price tax issues for intangible assets),
proprietary/generic drug conflicts, e.g. Bristol-Myersdrug Plavix, F.T.C.
generic drug policy, IP and telecom trade-based issues in the International
Trade Commission, KSR, Seagate, Patent Reform, 1st sale doctrine,
PTO Rulemaking, etc. There are many others.  The students find a topic of
their choice in the business popular press, research the IP and business issues
relating thereto, give a presentation to the class, and write a paper in law
review format. (If taking the course for 2 credits, the paper should be 15
pages; if for 3 credits, 25 pages.) 

The format permits business lawyer students with interests in copyright,
patent, litigation, antitrust law, tax law, ethics corporate law or trademark
law to take the class.  Evaluation: class discussion (10%), presentation
(10%) and paper (80%) (Pass-Fail available).  Prerequisite: one of the IP
survey course, basic patent law, patent prosecution, copyright law, trademarks,
licensing, or antitrust law, and an interest in IP business issues. 

 Questions? Please contact:

Grady J. Frenchick

B.A., M.S., J.D.

Patent Attorney



Direct:  608-234-6056

Cell:  608-334-3014

Tel:  608-255-4440

Fax:  608-258-7138

GFrenchick@whdlaw.com

Recent Offerings of this course by this instructor

Course Page for Spring 2012 - Sovern, Grant

This survey course will explore the many facets
of

U.S. immigration law

including the policies and politics that create it.  The course will use

many topics to examine the constitutional, statutory, regulatory, and

human aspects, including: the federal immigration power, citizenship,

admissions, family and employment-based immigration, deportation/removal, refugees/asylum, employer sanctions and anti-discrimination, and other current topics in the immigration debate.  We will also focus on the practice of immigration law and how it affects other areas of the law such as family law, business law, and criminal law.  

Recent Offerings of this course by this instructor

Course Page for Fall 2012 - Quraishi-Landes, Asifa

This class is designed to give students a basic understanding of the internal workings of Islamic law at its theoretical roots.  This will be done by analyzing the various methodologies that are represented in Islamic legal literature, helping to enable the students to identify modern manifestations of these methodologies in contemporary Muslim discourses.  Specifically, we will undertake a study of ijtihad, the mechanism of Islamic legal reasoning, focusing on the role of human fallibility in interpreting divine text, issues of certainty and probability in Islamic lawmaking, and the resulting landscape of multiple schools of law madhhabs. We will review the dominant tools of legal interpretation in Islam, such as those rules surrounding the reading of source texts (Quran and Hadith), as well as qiyas (analogical reasoning) and ijmaa (consensus). This study will be done with an eye to the various rationales behind the jurists methodologies and the corresponding impact on Islamic law as a whole. Students will be asked to compare similarities and differences, and offer their own critiques of various approaches. The class will conclude with some attention to specific doctrinal areas, such as Islamic family law, criminal law, and finance. Attentive students should come away from the class with a working understanding of the various methodologies in classical Islamic jurisprudence, as well as an appreciation of the types of Islamic legal arguments that are employed in global Muslim debates today.

Reading Materials:

Readings will be from a collection provided on an online moodle site, as well as selected readings from WAEL HALLAQ, AN INTRODUCTION TO ISLAMIC LAW (Cambridge 2009).

Course Page for Fall 2010 - Gaines, Martha (Meg), Davis, Sarah, Mednick, Aphra

See individual sections for descriptions.

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Course Page for Spring 2012 - Martin, Cary

The investment company industry controls a large portion of the global financial markets. This massive industry is comprised of several types of pooled investment vehicles, some of which include mutual funds, hedge funds, and private equity funds. As such, this timely and innovative seminar will explore the numerous debates and controversies associated with this industry, particularly in light of the recent economic crisis. We will begin this seminar by examining the interplay among the multiple pieces of legislation that regulates these structures, such as the Investment Company Act, Investment Advisers Act, and the recently passed Dodd-Frank Act. We will continue by investigating the political and economic issues that arise with respect to both registered and exempt investment companies. As part of this analysis, we will scrutinize the existing scholarly debates that confront various aspects of these issues. This seminar will conclude with a practical component that introduces students to the basic duties of investment company lawyers in organizing and advising investment companies and their advisers. Students’ grades will depend upon class participation and a significant writing project or projects to be determined.
Prerequisite: Business Organizations. Securities Regulation will be helpful.

Course Page for Fall 2012 - Hanna, Jodi

This seminar will survey the major laws that affect people with disabilities, with a focus on specific legal issues that affect the lives of people with disabilities. Areas of focus include Special Education, the Americans with Disabilities Act, housing and employment discrimination, public benefits and administration, competency and mental health law, class action impact litigation and the ethics of representing people with disabilities. Teaching Methods: This course is a seminar taught by four attorneys who work for Disability Rights Wisconsin, the protection and advocacy agency for people with disabilities in Wisconsin. Each attorney will be responsible for seminars in the area of his/her expertise. There will be two to three in-class exercises to help students develop practice skills in areas covered by the course. Students will be expected to have an advocacy role at least one of the exercises. Active class participation is expected and included as part of the overall grade. There will also be a one 15-20 page paper due at the end of the semester.

Recent Offerings of this course by this instructor

Course Page for Spring 2013 - Davis, Stanley

Offered since 2006, the purpose of this course is to introduce students to the idea that the practice of law is often impacted by, and intersects with, politics. The politics can range from traditional politics involving legislation and elections to corporate or societal politics that might change the advice given to, or decisions made by, clients.

In this discussion course that usually has between nine and fifteen students, we examine contemporary events in Wisconsin and nationally to determine the legal issues, the political issues, and how a lawyer would incorporate them both into her role as counsel. Another important aspect of this course is that it provides an opportunity for students to practice developing and making arguments both to an authority and against opponents. Students are often assigned positions for a particular class period and required to develop and present the best arguments based on that position.

Students are required to complete a ten page paper at the end of the semester, but the majority of their grade is based on class participation, and the progress that they make over the semester in terms of identifying and addressing legal and political issues and arguing effectively.

Recent Offerings of this course by this instructor

Course Page for Fall 2012 - Monette, Richard

Law of Indian Tribes: This course will focus on the political and legal systems of the “Indian Tribes” themselves. The usual course in Federal Indian Law deals with the Federal/State/Tribe relationship as determined by the US Congress and Supreme Court. This course will study the constitutions and laws of the Tribes, old and new, written and unwritten, as norm and custom and positive law. It will study several judicial opinions rendered by the Tribes’ own courts and regulatory bodies. To the extent that it will be necessary to provide the legal and political nexus with US law, the course will study US administrative actions, especially the Bureau of Indian Affairs, The Indian Health Service, HUD’s NAHASDA (Native American Housing Assistance and Self-Determination Act programs), and the Indian Gaming Regulatory Commission, particularly focusing on the “IBIA” the Federal Department of the Interior’s “Interior Board of Indian Appeals. There is no pre-requisite. The course is available for 2 or 3 credits (the third credit will involve an additional paper requirement).

Course Page for Fall 2010 - Kaplan, Leonard

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Course Page for Spring 2013 - Van Rybroek, Gregory

This course would include issues such as voluntary and involuntary civil commitment and the arc of its history to where legal standards are today;  competency and restoration to competency issues for criminal defendants;   the insanity defense and its history, its standards,  and its place in our society today;  the right to refuse psychiatric treatment and ramifications of such laws;  social science research in law such as eyewitness memory, jury decision-making, interrogation and confession evidence;  the regulation of the mental health system and its positives and negatives.   The course would have a 'Law in Action' approach, using examples and experience of persons and professionals in the 'real world' impacted by mental illness and surrounding legal issues (such as when criminal behavior involves a mental health component).    The course would introduce students to the cases, statutes, and legal doctrines related to rights, treatment, and hospitalization and incarceration of mentally ill or developmentally disabled persons.    In total, the course would lean toward understanding how the those with mental illness receive a disposition when entangled in the legal system,  and why.    Finally, with exploration of the inter-relationships between law and mental disabilities,  students will be expected to understand the trajectory of law and social changes involving mental health issues and consider how they might deal with such cases in future legal practice or policymaking activities.

 

Recent Offerings of this course by this instructor

Course Page for Spring 2013 - Sidel, Mark

Nonprofit and Philanthropic Organizations covers the management and regulation of the American nonprofit and philanthropic sector, with some international coverage as well. We will discuss the various functions and categories of nonprofits, ranging from providing services to advocacy and a host of other activities; how nonprofits are formed; their missions and governance; the roles of board members, leaders, staff, members and volunteers; how they are regulated and their tax status with federal, state and local governments; recent controversies and debates in the nonprofit and philanthropic fields; strategic planning and fundraising; the role of donors and their tax treatment; ethical issues for nonprofits; accreditation and self-regulation; the role of philanthropy in American life, including discussion of private foundations, community foundations, and corporate giving; crossborder and diaspora giving; and international and comparative perspectives on nonprofits, philanthropic organizations, and nongovernmental organizations (NGOs).

Recent Offerings of this course by this instructor

Course Page for Spring 2012 - Casimir, David

This course will cover most aspects of patent procurement and use with a focus on gaining practical skills and with a client-focused perspective. Topics covered will include: taking invention disclosures, conducting patentability analyses, drafting patent applications, prosecuting patent application before the U.S. and worldwide patent offices, conducting patent re-examinations and other post-issuance patent challenges, patent portfolio strategy and development, assessing patent validity, assessing patent infringement, patent licensing, understanding the value and uses of patents as business assets, the economics of patent procurement and enforcement, conducting and surviving due diligence reviews, asserting and challenging patents with a focus on the district court level, understanding the complexities of human decision makers in these various processes (clients, patent examiners, judges, juries), and the business of working in the patent field (job options, economics, challenges, rewards). Both high level concepts and specific details will be covered. Each of the topics above will be discussed from a general strategic level, but will also be enforced by simulation of the activities, including the drafting, prosecution, business development, and enforcement of a patent application. A goal of the course is to provide a level of practical experience and training commensurate with a several month apprenticeship in a work environment.

Prior patent coursework is not required. While this course will certainly provide an advantage to those intending to have a career in intellectual property, the subject matter will also be useful to anyone expecting to work in a high tech environment. There will be no final exam or final written assignment. Grading will be based on class participation, which will include small research and writing assignments throughout the semester.

Course Page for Fall 2011 - Wittenwyler, Michael, Anstaett, David

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Course Page for Spring 2013 - Zabawa, Barbara, Borisy-Rudin, Felice

This seminar will explore forms of governance and regulation and their implications for legal interventions in health care, including topics covering human rights to health, health information technology, privacy, chronic care management, health insurance exchanges, accountable care organizations, public health insurance, environmental health, consumer product safety, medical-legal partnerships and obesity. The seminar provides an opportunity to learn about health law and governance in the context of analyzing case studies in using alternative regulatory approaches to contemporary health issues. It also offers an opportunity to engage the topic by presenting case studies to the class and inviting various guest speakers. All students will be expected to write a research paper and participate in class discussions.

Course Page for Spring 2013 - Ashley, Christopher, Bilder, Anne

This seminar-style course is about privacy --what it means to the courts, to the legislature, to the public, or whether it really means anything at all.  Through a variety of source materials, including case
law, legislation, essays, and literature, the course examines constitutional and common law approaches to privacy issues in many contexts -- our persons,
our homes, our workplaces, our schools, our computers and cyberspace.  It also includes cultural and comparative law dimensions of privacy.  The
instructors make a concerted effort to weave current events and "hot topics" in privacy into the syllabus and class discussions.  Students are graded primarily on a final research paper, oral presentation of the paper
in class, and on class participation that includes leadership of a class
discussion on selected topics.  Pass/fail option is available.

Recent Offerings of this course by this instructor

Course Page for Fall 2010 - Mitchell, Thomas

L&CP: Property Law, Rural Development and

Asset
Building:



This course will provide a survey of some of the legal and non-legal issues
impacting property owners who own property in rural

America
broadly defined.  Specifically, the course will examine the challenges
that these property owners face in seeking to retain their land or in pursuing
asset-based community development strategies.  Challenges to land
retention or asset development include both internal conflicts such as intrafamily
and intra-community disputes and external dynamics such as land speculators and
developers who seek to acquire land  as cheaply as possible in rapidly
appreciating markets.

The course will review a number of legal tools different families or
communities have utilized to stabilize ownership of their land.  These
tools include conservation easements, historic preservation laws, and ownership
structures such as limited liability companies and land trusts.  Beyond
stabilizing ownership, the course will review some of the capital formation
strategies that can be used to obtain the necessary financing to develop
property in manner that cash poor families can better realize the economic
potential of their property ownership.  These financing tools include real
estate investment partnerships and tax credits of one type or another.  In
terms of non-legal issues, the course will review some of the challenges
families and communities face in getting properly organized so that the family
or community can develop a unified vision of the manner in which the family or
community can use, develop or sell their property.



In addition to a packet of reading materials that will be covered in class, a
select number of guest speakers will address the class during the course of the
semester.  Each student will be required to submit a 25-page paper that
must be developed through a process that includes regular consultation with
either an actual community or family seeking to retain or develop their
property; a nonprofit organization that works with families or communities that
own property in rural America; or a governmental agency that works with
property owners in rural America. 

The course will also include two to three field trips so that the class can
observe firsthand how some families and communities are seeking to preserve and
develop their rural property assets.



This course is a 3-credit class and will be subject to a cap of fifteen
students.  Permission of the professor is required.

Recent Offerings of this course by this instructor

Course Page for Spring 2013 - Kempinen, Ben

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Course Page for Fall 2012 - Rogers, Joel

This class is about the design of an egalitarian-democratic affirmative or “welfare” state consistent with the rule of law. As treated here, the activities of the welfare state include not only income maintenance and social insurance programs but those many other policies and programs, characteristic of all modern capitalist democracies, that supplement or replace unregulated markets and formal rights and procedural democracy in the pursuit of improved living standards and more substantive equality of opportunity and outcome among their members. We will examine the welfare state origin and evolution, current problems, and strategies to address those problems.

Recent Offerings of this course by this instructor

Course Page for Fall 2012 - Talarczyk, Alan

This 3-credit course, which meets with Accounting 724, is designed to familiarize students with the following: various tax research tools; methodologies and tasks involved in researching routine and complex tax issues; tax research work papers, reports, letters, memos, etc.; tax practice problems, such as ethics in tax practice and tax issue resolution; and impart a working knowledge of computerized tax research. As a result of doing the written assignments and attending the class sessions, students should accomplish the above course objectives in addition to (1) acquiring a working knowledge of several substantive tax provisions, and (2) becoming familiar with frequently used tax literature.

Recent Offerings of this course by this instructor

Course Page for Spring 2013 - Gendreau, Chad , Packard, Tamara

One of the most active areas of contemporary constitutional jurisprudence is the area of civil rights for lesbian, gay, bisexual and transgender (LGBT) individuals and their families. Students will analyze the constitutional foundation for the expansion and contraction of rights in the past and present, and take a look at what the future may hold. The anticipated topics include marriage and civil unions (including DOMA and any gay marriage cases taken up by the U.S. Supreme Court during the semester), workplace rights and employment law, issues arising from the care and custody of children, free speech issues and more. The grade for this course will be derived primarily through a 10 to 15 page research paper expanding on one of the course topics; class participation is also key. NOTE: We will not be using a textbook for the course. Students should be comfortable receiving weekly reading assignments via email.

Recent Offerings of this course by this instructor

Course Page for Spring 2011 - Packard, Tamara, Perreault, Michele, Gendreau, Chad

This course will explore how case and statutory law
addresses sexual orientation and gender identity across legal disciplines,
including criminal law, employment law, family law, equal protection, privacy,
military law and free speech.  The course will include consideration of
how social, cultural and political forces shape, and are shaped by, legal
doctrine.  We will examine how debates around sexual orientation and
gender identity have played out in legislative arenas and at the ballot box as
well as in court.  Like other seminars, the course will require student
participation and the free exchange of ideas to be successful. 

Recent Offerings of this course by this instructor

Course Page for Fall 2012 - Macaulay, Stewart, Mertz, Elizabeth

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Course Page for Summer 2011 First 5-Week Session - Schweitzer, Nick

This class will look at selected legal systems throughout the world and throughout history to examine how a culture's structure and values are reflected in its mechanisms for creating and enforcing laws, and in its dispute resolution systems.

Recent Offerings of this course by this instructor

Course Page for Spring 2013 - Tahk , Susannah

This course will explore what makes for good tax policy and how and why it develops. Readings will cover tax theory, tax policy analysis and the history and politics of tax law. As a case study, the course will look at the role that tax has played in shaping U.S. health care policy. Students will write research papers on tax policy topics.

Course Page for Fall 2012 - Schnur, Robert

Income Taxation of Corporate Mergers and Acquisitions.

Adjunct Professor Robert Schnur will be returning to Wisconsin Law after spending the past six years as a Visiting Adjunct Professor of Tax Law at Cornell Law School, where he developed this seminar. This is an advanced seminar that will review the basic federal income tax principles governing both taxable and nontaxable corporate mergers and acquisitions and will introduce students to some of the more complex transactional tax issues that arise in structuring acquisition transactions. The focus will be on domestic rather than cross-border acquisitions. The course will be built around a weekly series of “Assignment Memoranda,” each of which is based on a different hypothetical transaction, viewed from the standpoint of both the acquired entity and its acquirer. These memos are comparable to those that a new lawyer in a law firm or corporation might receive from a more senior lawyer or client, and each student will be required during the semester to prepare two written responses to a portion of these memos, based on the assigned reading and independent research. Each week’s class discussion will be devoted to a discussion of one Assignment Memo and the students’ written responses thereto. There will be no final examination, and the final grade will be based on a student’s written work and class discussion.

Prerequisite: Taxation I is an absolute prerequisite for the seminar, unless (a) a student believes that he or she has an equivalent academic or professional background, AND (b) receives the instructor’s advance permission to enroll. It is not required that a student have completed Tax II or any other tax courses.

Course Page for Fall 2010 - Smith, Linda

940-012 L&CP: Telecommunications Law

Instructor: Smith, L



Telecommunications Law I covers the law and policies which govern the U. S.
telecommunications and Internet systems, including radio, television, cable,
and other mass media services, as well as telephone, mobile communications and
new technologies. Telecommunications Law I addresses mainstream media,
telecommunications, and Internet regulatory issues. Students will be presented
with the major regulatory principles and approaches relevant to
telecommunications and Internet regulation, as well as current and upcoming
legal and public policy issues, including the Obama administrations plan to
revamp the way the Internet is provided and regulated.



The course is designed to encourage participation and
debate on legal and public policy issues, including whether and how citizens 
get access to the mainstream media, whether governmental prohibitions on
viewing violent, harassing or sexually oriented material on mainstream media or
over the Internet are lawful, whether ownership of mass media can or should be
limited to enhance diversity of information, whether some consumers should pay
more than others to fund a subsidy system to ensure that telephone and Internet
service are universally available in, for example, rural or low income areas,
whether the marketplace can regulate or ensure availability, quality and price
of telecommunications services, or how new uses of the Internet should be
treated. Other material may be added to respond to events or student interests.



During the course, a variety of research materials
will be used, including statutes, case law, agency rules, blogs, speeches by
government and NGO policy makers, law review and popular press articles, as
well as diverse Internet sources. It is anticipated that each student will
write a 20-25 page paper, on a topic selected by the student, related to the
material presented in class. The paper usually counts for 75-80% of the grade;
class participation and preparation  for 25-20%. The course is open to
second and third year students. Linda K. Smith, who has been an active practitioner
of telecommunications law, a consultant to the Governor's Blue Ribbon
Telecommunications Infrastructure Task Force, and a senior partner in the
Telecommunications Group of the

Washington,
D.C. law firm of Crowell & Moring, has been teaching
at the

Law
School for 18 years. She has served as co-chair of the
Federal Communications Bar Associations Publications Committee, which oversees
the Federal Communications Law Journal, and as a member of the board of various
non-profit entities in

Wisconsin and

Washington,
D.C.  

Recent Offerings of this course by this instructor

Course Page for Spring 2012 - Williamson Jr., Brady

The Arab Spring: Revolutions, Constitutions, and Elections/The Legal Perspective. From Bahrain to Yemen and--most recently--Libya, the Arab Spring brought hope and change, but has it also brought constitutional and legal reform? This course will look at the legal developments, process and status in half a dozen countries with benchmark comparisons to several emerging democracies that have adopted new constitutions.

Course Page for Spring 2013 - Monette, Richard

Wisconsin Constitution and Government: The course will provide a survey constitutionalism in general, of the history of the Wisconsin Constitution, case law interpreting it, and how the various institutions of government and Wisconsin society apply it. The course will focus on certain provisions and developments unique or peculiar to the our State constitution, including legislative commissions playing a role in executing laws even after enactment, the idea of the ‘constitutional office’, the ever-looming ‘partial-veto’, the lengthy article on the non-governmental social issue du jour – gaming, the Public Trust Doctrine, Wisconsin’s role in resurrecting a meaningful State Bills of Rights, and the amendment process. Readings will include the seminal book by Professor Dinan and Wisconsin court opinions. Several guest speakers will present on their respective areas of government practice or expertise.

Course Page for Spring 2011 - Monette, Richard

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Course Page for Spring 2011 - Larson, Jane

Through readings and discussions, this seminar will explore the experience of women in the United States with law and legal systems from the colonial period to the early 20th century.  We will focus on the roots of modern laws affecting women and women's interests.  Topics covered include property, labor, marriage, sexual choice and coercion, reproduction, prostitution, immigration, colonialism, citizenship and political participation. No previous background in history or women's issues is required.  An ambitious paper based on primary historical research is required of all students. Grades will be based on class participation and paper.  The seminar will meet weekly for two hours with the third hour of credit granted for the extensive reading, research and writing required.  Weekly reading requirement is heavy.   Enrollment is limited to 20 students.

Recent Offerings of this course by this instructor

Course Page for Spring 2013 - Aplin, Ronald, Neal, John

Two experienced Wisconsin worker's compensation attorneys, John D. Neal of Stafford & Neal, S.C. and Ronald S. Aplin of Aplin & Ringsmuth, LLC, will offer a new two-credit worker's compensation course during the Spring 2008 semester. Introductory lectures on substantive legal and procedural topics will be augmented by presentations by guests including an orthopedic surgeon, a neurologist, an occupational medicine specialist, a psychologist and a chiropractor, who will introduce students to some of the medical and psychological principles and issues involved in litigated worker's compensation claims. A vocational consultant will also serve as a guest presenter, to familiarize students with issues as to vocational rehabilitation and loss of earning capacity, which are frequently litigated in contested worker's compensation claims. A panel of administrative law judges will also present their views on effective representation in litigated worker's compensation cases. Experienced Wisconsin worker's compensation attorneys will examine and cross-examine the guest medical, psychological and vocational experts as a means of providing information to students in an interesting format, and to give them a look at trial skills in action.  At the conclusion of the course, students will conduct mock worker's compensation hearings, based upon a hypothetical worker's compensation claim presenting legal, medical, psychological and vocational issues. (The hypothetical case will serve as the basis for the "testimony" by the medical, psychological and vocational guest presenters as the course progresses.)  Experienced attorneys will "adjudicate" the mock worker's compensation hearings at the conclusion of the course. Students will be graded in part upon a legal memorandum to be written in support of the positions of their "clients" at hearing, and in part upon their presentations at the mock hearings themselves. 

 

Recent Offerings of this course by this instructor