940 Law & Contemporary Problems Topics, Spring 2011 to Spring 2015

Categories: Administrative and Regulatory Law

Business Methods for Lawyers

Course Page for Spring 2014 - Harvey, Cori

Increasingly, lawyers are called upon to use business and economic tools to analyze legal problems in all areas of practice (incl. business law, family law, civil litigation, government & policy work, among others). This course will offer introductory modules of accounting, finance, microeconomics, and law & economics.

Prerequisites: none. However, this course should not be taken by students with previous training in business, economics, or finance.

Grading: Written exercises and small graded assessments after each module; no final exam.

Chinese Law

Course Page for Spring 2015 - 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.

Civil Practice Skills: Art Transactions

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.

Community Lawyering

Course Page for Fall 2013 - Mitch,

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

For Fall 2013, students will work in small groups and in collaboration with community partners on developing proposals that would address the partners' needs and help accomplish their goals. This will require working with organizations to define their goals and identify the roles lawyers would play in achieving or advancing those goals.

In classroom sessions we will examine the roles of various community lawyers and how their work furthers a wide variety of community goals. Throughout the semester, feedback will result in proposals evolving and being refined. At the conclusion of the semester, the proposals will be presented, with an ideal goal that one (or more) will be chosen to become a real project of the Law School and/or the legal community.

Students should come ready to build on and integrate their prior work, volunteer, clinic, internship, or academic research experiences. For consent to enroll, students should submit a brief email (no more than 400 words, or roughly two paragraphs) detailing their interest and highlighting their relevant prior experiences. Relevant experience could include any significant work, volunteer, clinic, internship, or academic research experiences. Send interest statements (or address questions) to mitch@wisc.edu

Recent Offerings of this course by this instructor

Comparative Constitutional Courts

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

Comparative Constitutions: Egypt & the Arab Spring

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.)

Constitution in American Civil War

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).

Constitution in the American Civil War

Course Page for Spring 2015 - Schwartz, David

The Constitution in the American Civil War – Spring 2015

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, contemporary judicial decisions. An effort will be made to draw connections between the constitutional law made in the decade between 1857-1867 and present-day constitutional doctrine.

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. A running theme will be an exploration of how constitutional law is made by non-judicial actors: While more constitutional law was made during the Civil War, very little of it came directly from Supreme Court decisions.

The course satisfies the Constitutional Law II requirement, the Legal Process graduation requirement, and students are also able to fulfill the upper level writing requirement.

Constitutional Development: Emerging Democracies

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


 

Construction Law

Course Page for Spring 2014 - Aiken, Jeffrey

The course, which will meet once a week for two hours, deals with the various aspects of construction law, drawing upon and expanding a student’s knowledge of contract and tort law in the process of exploring 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. Without a basic knowledge of unique construction contract principles, one is ill-equipped to address many of the issues that arise in these and other contract settings involving inter-dependent performance requirements. The sessions will be taught in a lecture and practical exercise format, focusing on pre-assigned reading materials as well as analytical and contract drafting skills applicable to this vast field of economic activity encompassing over one-third of U.S. economic output. There will be two 30 minute in-class mid-term tests and a final exam -- all of which will be open book and consist of true-false, fill-in-the-blank and short drafting assignments.

Cultural Property Law

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.

Defense Function

Course Page for Spring 2015 - LaVigne, Michele

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Defense Function (Private Practice)

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

Defense Function: "'Hanging out a Shingle" (Private Criminal Practice)

Course Page for Fall 2013 - LaVigne, Michele

L&CP: The Defense Function (Hanging Out a Shingle) - 3 credits.

A substantial portion of state and federal criminal defense work in Wisconsin is handled by private practitioners. In fact, many new lawyers begin their careers (and gain litigation and client experience) by "taking Public Defender cases," either as solo practitioners or as new associates in small firms. This course will introduce students to the substantive and business issues connected with that type of practice. The class will survey trial level criminal procedure and the role of the attorney at each stage of the process. There will be substantial hands-on experience, including motion drafting and negotiations. We will also create templates for discovery and common motions, as well as checklists for case analysis, investigation, and motions. In addition we will look at the business aspects of a solo or small practice. Guest speakers who have started their own firms will provide insight into the successful establishment of a practice that focuses at least in part on criminal law. We will also provide an overview of the other related types of cases that attorneys can expect to handle. These include child protection cases, family law (especially non-support), mental health, and contempt. This class is open to 3Ls only. Evidence is a prerequisite and Trial Advocacy is very helpful. Grades are P/F only. This class satisfies the 60 credit rule.

Defense Function: 'Hanging out a Shingle'

Course Page for Spring 2013 - LaVigne, Michele

See individual sections for descriptions.

Domestic Violence

Course Page for Fall 2014 - Young, Morgan

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.

ERISA

Course Page for Fall 2014 - Anderson, Brian

The course will provide an overview of the Employee Retirement Income Security Act (ERISA) as applied to retirement plans and employee welfare benefit plans which are regulated by the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation. Attention will be paid to related laws that apply to group health insurance plans, including COBRA continuation coverage, the Health Insurance Portability and Accountability Act (HIPAA), and the Affordable Care Act. The course will cover the role of the benefits attorney in the design and maintenance of employee benefit plans and compliance issues that arise in employer mergers, acquisitions, and other specialized transactional matters.

Education Law

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.

Emerging Economies

Course Page for Spring 2014 - Ohnesorge, John

What roles do law and legal institutions play in economic development? Does legal system development lag economic development, or is a "good" legal system a prerequisite of economic development? If a "good" legal system is indeed a prerequisite, can institutions like the World Bank, the International Monetary Fund, or the aid agencies of the United States play a positive role in supporting legal system reform in developing countries? What economic theory would, or should, inform such efforts? What about democratic legitimacy, or national sovereignty? And what about countries like China, or South Korea before it, where high speed growth has gone hand in hand with seriously flawed legal orders? These are the kinds of questions we will explore throughout the semester, as we look at the history of ideas and practices in the field of Law & Development, as well as at national case studies. Students will write and present research papers on topics they choose, and these papers, together with class participation and short response papers, will provide the basis for grading. Students taking the course for 3 credits will produce a longer research paper than those who enroll for 2 credits

Employee Benefits

Course Page for Spring 2012 - Clauss, Carin

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Employment Law

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."

Recent Offerings of this course by this instructor

Energy & Infrastructure Development: Environmental & Human Rights Issues

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.

Energy Law

Course Page for Spring 2015 - Seifter, Miriam

This survey course provides an introduction to the laws and policies governing the extraction, distribution, and use of energy in the United States. Our class will cover a range of energy resources, including coal, oil, natural gas, nuclear, wind, and solar. We will study traditional regulation of electricity and transportation as well as the transitions occurring in these areas. The materials will raise questions regarding federalism, the appropriate roles of public and private actors, the intersection between energy and environmental law, and the challenges posed by the transition to cleaner energy. Although many disciplines—including economics, science, and public policy—are highly relevant to the topic, our study will be anchored in law: how does law govern the way energy is produced and consumed, and what sorts of legal regimes do and can address the multiple goals of an energy system? We will encounter topics that overlap with Administrative Law and Environmental Law, but you need not have taken those courses to excel in this one.

Ethical Issues in Crim Justice

Course Page for Fall 2014 - LaVigne, Michele

See individual sections for descriptions.

Evidence

Course Page for Summer 2014 13-Week Session - Moeser, Matthew

The rules of evidence define how facts are proven in civil and criminal litigation. Focusing on the Federal Rules of Evidence, this course will give students a broad survey of the rules combined with in-depth analysis of how they apply in specific circumstances and how the entire litigation process -- from the filing of a complaint to final judgment after trial and appeal -- is shaped by evidentiary principles. Analysis of appellate case law will play, at most, a very limited role in the course. Although denoted a "lecture" course to signal that class enrollment is not limited, the teaching format will not be based primarily on lectures. Instead, class discussions will be centered around hands-on solving of specific problems, with emphasis on formulating questions, making and ruling on objections, and planning how to get facts before a jury. Simulation and role-playing will be used from time to time.

Recent Offerings of this course by this instructor

Evidence I

Course Page for Spring 2014 - Schwartz, David

Evidence I: Survey of the Rules of Evidence (2 credits)

This 2-credit, half-semester survey of the rules of evidence ends at the mid-point of the semester, and is designed to serve the needs of two groups of students: (1) those who wish to satisfy the diploma privilege Evidence requirement and/or obtain a solid grounding in evidence rules in preparation for the Multi-state bar exam; and (2) those who wish to go beyond goal #1 and learn the Evidence rules as a pre-requisite to Evidence II: Evidence for Litigators, which begins immediately after the conclusion of Evidence I and runs to the end of the semester.

The rules of evidence define how facts are proven in civil and criminal litigation. Focusing on the Federal Rules of Evidence, but with attention to Wisconsin evidence rules where those vary from the federal rules, this course will give students a broad survey of the rules combined with in-depth analysis of how they apply in specific circumstances and how the entire litigation process -- from the filing of a complaint to final judgment after trial and appeal -- is shaped by evidentiary principles. Analysis of appellate case law will play, at most, a very limited role in the course, and the teaching format will not be based primarily on lectures. Instead, class discussions will be centered around hands-on solving of specific problems. Simulation and role-playing will be used from time to time.
Assessment is based on class participation and an 8-hour take-home final exam.

Evidence for Litigators (Evidence II)

Course Page for Spring 2014 - Schwartz, David

Evidence for Litigators (Evidence II): (2 credits)

This 2-credit, practice skills simulation course occupies the second half of the spring semester. It begins immediately on completion of Evidence I and is open to students who have successfully completed Evidence I. Evidence for Litigators (Evidence II) takes the rules introduced in Evidence I and explores them in greater depth through various practice skills and role play exercises. Students will be assigned various simulation problems requiring the use of evidence rules in examining witnesses, drafting and arguing evidence motions, and arguing appeals. The bulk of the course will be devoted to working through an extensive simulated case file, in which students will be assigned to represent one side, identify the evidence issues in the file, and come up with ways to resolve or argue them. The course will both solidify your understanding of the evidence rules through applying the rules to realistic situations, while at the same time helping you develop litigation practice skills useful for both civil and criminal litigators.

Assessment is based on class participation, a final oral argument, a short written evidence motion (approximately 5 pages) and a group take-home case-file analysis.

Food Law

Course Page for Spring 2015 - 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.

From Patient to Policy: Models of System Level Advocacy

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.

Fundamentals of Business Transactions I

Course Page for Fall 2013 - 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

Fundamentals of Business Transactions II

Course Page for Spring 2014 - Heymann, S. Richard

See individual sections for descriptions.

Hanging out a Shingle (Criminal Practice)

Course Page for Fall 2014 - LaVigne, Michele

L&CP: The Defense Function (Hanging Out a Shingle) - 3 credits.

A substantial portion of state and federal criminal defense work in Wisconsin is handled by private practitioners. In fact, many new lawyers begin their careers (and gain litigation and client experience) by "taking Public Defender cases," either as solo practitioners or as new associates in small firms. This course will introduce students to the substantive and business issues connected with that type of practice. The class will survey trial level criminal procedure and the role of the attorney at each stage of the process. There will be substantial hands-on experience, including motion drafting and negotiations. We will also create templates for discovery and common motions, as well as checklists for case analysis, investigation, and motions. In addition we will look at the business aspects of a solo or small practice. Guest speakers who have started their own firms will provide insight into the successful establishment of a practice that focuses at least in part on criminal law. We will also provide an overview of the other related types of cases that attorneys can expect to handle. These include child protection cases, family law (especially non-support), mental health, and contempt. This class is open to 3Ls only. Evidence is a prerequisite and Trial Advocacy is very helpful. Grades are P/F only. This class satisfies the 60 credit rule.

Housing & Community Development

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

Housing & Community Economic Development

Course Page for Spring 2015 - 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

Human Trafficking

Course Page for Fall 2014 - Sidel, Mark

This course 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, 2008 and 2013; 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.

Human Trafficking & Involuntary Servitude

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.

Humanitarian Immigration Law

Course Page for Spring 2015 - Barbato, Erin

Humanitarian Immigration Law:
This course will be structured as a practicum. Weekly seminars will provide students with an in-depth look at all aspects of the practice of immigration law as it relates to humanitarian relief. Topics will include: immigration relief for victims of domestic violence, serious crimes, and human trafficking; Special Immigrant Juvenile Status; Deferred Action for Childhood Arrivals; and asylum. Students will also learn by doing. Working with the Immigrant Justice Clinic and the Community Immigration Law Center, students will work on active cases under direct faculty supervision.

Recent Offerings of this course by this instructor

I.P. for Business Lawyers

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

IP Issues for Business Lawyers

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

Immigration Law

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

Intro to Islamic Law

Course Page for Spring 2015 - 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). Students will be asked to compare similarities and differences, and offer their own critiques of various approaches. There is additional attention to the specific doctrinal areas of Islamic family law and criminal law. The class also contextualizes the subject of Islamic law within various governmental and constitutional structures, beginning with the classical period, continuing through colonialism and reaching into the present day. 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 professor-created collection provided on an online moodle site. Final grade will be based on a final term paper or final project/presentation, with added points for class participation throughout the semester.

Introduction to Patient Advocacy

Course Page for Fall 2013 - O'Connell, Kathleen

See individual sections for descriptions.

Investment Company Regulation

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.

Law & People with Disabilities

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

Law & Politics Nexus

Course Page for Spring 2015 - 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.

Law of Democracy

Course Page for Fall 2014 - Yablon, Robert

This seminar examines the laws that structure the American democratic system. Topics include voting rights, campaign finance, redistricting, and the regulation of political parties. The course addresses the key constitutional principles and statutory provisions that govern these areas, with particular emphasis on recent legal developments. In addition to covering doctrine, the course focuses on the theoretical underpinnings of the electoral system, the role of courts in overseeing the system, and proposals for reform. Prior or concurrent enrollment in Constitutional Law I and/or II is recommended. Students will write short response papers and one more substantial paper that they will present to the seminar. Students can choose to take the seminar for 2 or 3 credits based on the length of their substantial paper.

Law of Indian Tribes

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).

Legislation & Regulation

Course Page for Spring 2015 - Desai, Anuj

This course provides an introduction to the federal laws and governmental institutions that shape significant aspects of social and economic policy. The course addresses legislation, statutory interpretation, regulation and administrative agencies. Legislation and regulation play the dominant role in shaping law and governance in the modern American legal system. While numerous other law school courses involve statutes and regulations or legislatures and administrative agencies, this course considers the overarching questions about these laws and institutions: how statutes are enacted and agency regulations issued, what tools lawyers use to shape statutes and regulations, how judges interpret them, etc. The main goal of the course is practical. All lawyers, irrespective of the area of law—from securities law to criminal law, from environmental law to tax, from labor and employment law to contract drafting, from military law to bankruptcy, etc.—must understand statutes and regulation. This course is aimed at providing students with a deeper understanding of these forms of law and the institutions that make this law, and to help them better appreciate the role that lawyers play in the American legal system as it operates in practice. To think like a lawyer, and hence to represent or advise clients, requires an ability to do so in the context of the regulatory state.

This course meets the Legal Process graduation requirement.

Recent Offerings of this course by this instructor

Mental Health Law

Course Page for Spring 2014 - 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.

 

Models of System Level Advocacy

Course Page for Spring 2014 - Davis, Sarah, Grob, Rachel

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.

Recent Offerings of this course by this instructor

Native American Tribal Law

Course Page for Fall 2013 - 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 3 credits.

Nonprofit & Philanthropic Organizations

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

Nonprofit and Philanthropic Organizations

Course Page for Fall 2014 - Sidel, Mark

The Nonprofit and Philanthropic Organizations course 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).

Patent Skills

Course Page for Fall 2013 - 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.

Recent Offerings of this course by this instructor

Political Law: Campaign Finance, Ethics & Elections

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

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Population Health Law Seminar

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.

Privacy Law in the Info Age

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

Privacy Law in the Information Age

Course Page for Spring 2015 - Bilder, Anne, Kastberg, Erin

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. Students have the option of writing an additional paper to earn a third credit. Pass/fail option is available.

Prosecution Function

Course Page for Spring 2015 - Kempinen, Ben

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Public Health Law

Course Page for Fall 2014 - Charo, R. Alta

This course will survey examples of classic public health efforts mediated through law, including quarantine, vaccination, disease surveillance, birth control, drug criminalization, sanitation, food safety, nutrition, and physical fitness. It will also touch on modern areas of activity, such as newborn genetic screening, smoking cessation, accident prevention, gun control, domestic violence reporting, and obesity reduction. Con Law 1 and 2 are not prerequisites, but will be helpful, especially when considering the civil rights issues raised by government efforts to control personal behaviors. Students will prepare final papers from a list of current topics.

Public Health Law Practice Workshop

Course Page for Spring 2015 - Davis, Sarah

This Practice Workshop offered online is designed to complement students’ experience in Health and Public Health Externships and related placements in the Government and Legislative Clinic. Accessible from anywhere, it will enable students to participate in externships far and near, taking advantage of placements at federal and state agencies, and non-governmental agencies, outside of the Madison area. The course is designed around six broad practice topic areas: (1) Non-legal skills essential to lawyering, (2) Partnering with other professionals, (3) Organizational fit: Finding the right workplace, (4) Using Data/Evidence to craft legal solutions, (5) Strategic communication and advocacy, and (6) Lawyering under uncertainty. Students will explore leadership skills and how to receive feedback from supervisors, learn about lawyers’ roles in addressing ethical concerns, be able to contrast their experiences with students at different sites, and gain practical tools to utilize in their current externships and future practice. Course activities include participation in discussion forums, self-assessments regarding skills, attributes, and strengths, weekly written reflections on the relationship between course material and their externship experience, and interviews with key stakeholders in externship sites.

Faculty: Clinical Associate Professor Sarah Davis, sarah.davis@wisc.edu

Course is consent of instructor and is limited to students concurrently enrolled in a Health or Public Health Law Externship or related placement in the Government and Legislative Clinic. Students are strongly recommended to have taken Public Health Law or Health Law (concurrent enrollment okay)

Public Law & Private Power

Course Page for Fall 2013 - 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

Public Law & Private Power

Course Page for Fall 2014 - 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.

Research & Administrative Issues in Taxation

Course Page for Fall 2014 - 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.

Sexual Orientation & the Constitution

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

Sexual Orientation & the Law

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

Sociology of Law

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

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Sociology of Law: The Law in Action

Course Page for Fall 2013 - Mertz, Elizabeth, Macaulay, Stewart

Sociology of Law: The Law in Action

What happens after a court hands down an opinion, or a legislature enacts a statute? In this class, we take the next step, and examine law "on the ground," as it really takes place in people's lives. For example, we read studies of police interrogation, domestic violence, and divorce lawyers. We study the law in action not only within courts and legislatures, but in administrative processes, in corporations, among rock & roll fans, and in the regulation of drunk driving. We find out about lawyers in Silicon Valley, and ask about how the legal profession itself has handled challenges surrounding diversity, ethics, globalization, and changes in the practice of law. A term paper of 25-35 pages is the minimum class requirement. The class is jointly taught by Professor Macaulay and Professor Mertz, using the textbook "Law in Action" (Macaulay, Friedman & Mertz).

Sports Law

Course Page for Fall 2013 - Snyder, Brad

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).

Recent Offerings of this course by this instructor

Survey of Legal Systems

Course Page for Summer 2014 13-Week Session - Schweitzer, Nick

The 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 fundamental legal documents, its mechanisms for creating and enforcing laws, and its dispute resolution systems. Topics to be covered (some in depth and some superficially) include the Code of Hammurabi, Egyptian law ancient and modern, ancient Greek law, ancient Roman law, Chinese law ancient and modern, Japanese law ancient and modern, Mexican law, Native American dispute resolution systems, the German and French code systems, Jewish law, Islamic law, and the developing law of the European Union.

Tax Policy

Course Page for Fall 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.

Recent Offerings of this course by this instructor

Taxation of Mergers & Acquisitions

Course Page for Fall 2014 - Schnur, Robert

Income Taxation of Corporate Mergers and Acquisitions.

Adjunct Professor Robert Schnur returned to Wisconsin Law after spending 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 three 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 participation.

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.

The Arab Spring: Revolutions, Constitutions & Elections: the Legal Perspective

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.

WI Constitution & Government Seminar

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.

Wisconsin Constitution and Government Seminar

Course Page for Spring 2011 - Monette, Richard

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Women's Legal History

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

Worker's Compensation Law

Course Page for Spring 2014 - 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 two-credit worker's compensation course Spring 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.