Course Descriptions
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L
Labor Law
LAW 629
(3 Credit Hours)
Prerequisites: RCC. The basic course on private-sector collective bargaining under the National Labor Relations Act. Topics include issues arising in union organizing campaigns, NLRB election procedure, the duty to bargain, and strikers and replacements. Satisfies administrative law requirement.
Labor Law Seminar
LAW 709
(2 or 3 Credit Hours)
Prerequisites: RCC. Selected problems in labor law, with a focus on new and emerging issues. Topics may include union organizing in the “new economy” (e.g., doctors and nurses’ attempts to organize, recent rulings allowing graduate teaching assistants and medical interns and residents to unionize, use of email in organizing campaigns, and employer attempts to ban all non-business use of email), the epidemic of labor disputes in the airline industry and presidential intervention in those disputes, and the application of labor law to professional sports. Interested students should consult the New and Revised Courses information for the term in which the course is offered for information on the focus of the course in that term. Satisfies administrative law requirements and upper level writing requirement. Offered approximately every other year.
Land Use Control
LAW 608
(3 or 4 Credit Hours)
Prerequisites: RCC. Topics include the nature and purpose of zoning; comparison with other systems of land use control; constitutional bases and limitations; zoning legislation and regulations; urban redevelopment; platting and planning; and variances and spot zoning. The course provides an option to satisfy the upper level writing requirement.
Law and Economics
LAW 555
(2 or 3 Credit Hours)
An introduction to microeconomic analysis and its applicability to issues of public policy. The purpose of the course is to develop an understanding for the interplay between economic reasoning and legal analysis. Subjects covered include the theory of the consumer, the theory of the firm, perfect and imperfect competition, welfare economics, causes of market failure through "externalities" and monopoly, and governmental intervention. Policy issues are drawn from nuisance law, breach of contract, automobile accidents, law enforcement, pollution control and product liability. Overall, the course should provide a basis for understanding economic issues in other courses, as well as insight into policy arguments based on efficiency and equity, risk bearing and competitive markets. No prior work in economics is presumed. Offered infrequently.
Law, Literature & Film
LAW 569
(3 Credit Hours)
Prerequisites: RCC. The class covers a variety of topics in legal literature and film. We will look at examples of law in both literature and film in order to consider a number of questions about the relationship between law and justice, the creation of rule regimes, and the role of courts and trials in a social system. Other issues which may arise in the course of these discussions are race/class/gender and the law, legal ethics, legal education, the adversarial system, the relationship between law and popular culture. Satisfies the perspective elective requirement.
Law and Medicine
LAW 605
(2 or 3 Credit Hours)
Prerequisites: RCC. Subjects examined include medical education; medical licensing; establishing and terminating the doctor-patient relationship; medical records (access and confidentiality); health care as a regulated industry; legal obligations of hospitals; the legal bases of public health policies (e.g., quarantine, vaccination); liability of health care professionals to patients (contract, intentional torts, negligence, lack of informed consent); defenses; damages; insurance; expert witnesses; special problems of medical proof; psychiatric malpractice; special problems in medical treatment of minors; drugs and the law (e.g., malpractice in prescribing, dispensing, product liability); special problems raised by modern medical technology (e.g., in birth, death and dying, transplants, human experimentation). Offered infrequently.
Law and Public Policy
LAW 695
(3 Credit Hours)
Prerequisites: RCC; Legislation (LAW 557) or Administrative Law (LAW 623); approval of Law and Public Policy Program Director. The Law and Public Policy course seeks to teach students how to integrate skills from both law and public policy analysis in addressing public policy issues, particularly those that involve regulatory law and policy.
Law and Public Policy Clinic
LAW 825
(3-5 Credit Hours)
Prerequisites: RCC; Legislation (LAW 557), Administrative Law (LAW 623), or Law and Public Policy (LAW 695) (may be taken concurrently); approval of Law and Public Policy Program Director. The Law and Public Policy Clinic offers students the opportunity to work on real-world legal and public policy issues. Clients, including state and local governments, citizens' groups, and not-for-profit agencies, seek analysis of, and proposed solutions for, a variety of critical governmental and social issues. Projects have included a study of "ethics in government" legislation in other states and recommendations for changes in Ohio law for the Ohio Ethics Commission; a study of policy alternatives for abatement of lead paint in residential housing for the Cleveland Health Department; and an analysis and an evaluation of programs under federal law for the Cuyahoga County Board of Commissioners.
Law of the Civil War
LAW 5XX
(2 Credit Hours)
This course will examine fundamental legal issues that arose from the American Civil War and shaped United States jurisprudence: the powers of the President in wartime; slavery and emancipation; fugitive slave laws; military draft; actions against civil liberties (including habeas corpus and military tribunal cases); cases punishing and suppressing civil dissent including censorship; war crimes and the treatment of prisoners of war; the role of the U.S. Supreme Court; the right to secede; military/ martial law; amnesty, pardons and loyalty oaths; and treason and treatment of political prisoners. We will study these from a historical perspective and compare the evolution of the legal concepts as they affect us today. Satisfies the perspective and upper level writing requirements.
Law Practice Management
LAW 674
(3 Credit Hours)
Prerequisites: RCC. This is a course in the substantive, procedural, professionally responsible, and practical aspects of operating a small to medium size law office. The course is designed to present students with the knowledge and skills to operate a small law practice properly and responsibly. Some of the topics to be covered include lawyer associations (partnership law, professional corporations, limited liability companies), retainers and other service contracts, fees, marketing and advertising, trust accounts, financial management, law office technology, and some basics on renting, staffing, and equipping an office.
Law Review
LAW 810
(2 Credit Hours; 2 Semesters)
Prerequisites: RCC; approval of Law Review Editorial Board. Writing and editing for publication in the Cleveland State Law Review. Course credit for participation as a member of the Law Review Board of Editors for two semesters. Graded on a Pass/Fail basis.
Law Review Editor-in-Chief
LAW 811
(1 Credit Hour)
Prerequisites: RCC; approval of Law Review Editorial Board. Service as editor-in-chief of the Cleveland State Law Review entitles a student to one credit in addition to the credit earned in Law Review (LAW 810).
Lawyer’s Strategies
LAW 690
(3 Credit Hours)
Prerequisites: RCC. Making and implementing effective strategic decisions is a fundamental part of being an excellent lawyer. This course examines strategic decision-making from the perspective of the practicing attorney. The course uses readings on strategy taken from other disciplines and applies strategic thinking to specific legal problems. These problems include various kinds of civil cases, the administrative or regulatory process, criminal practice and legislation. Students in the course will frequently work in teams to develop and implement legal strategies in competition with other students. Students will have the option to write a paper in satisfaction of the upper level writing requirement.
Legal Developments in Housing
LAW 725
(2 or 3 Credit Hours)
Prerequisites: RCC. This course will provide an introduction to legal developments in housing and community development. Selected contemporary policies, programs and issues at the federal, state and local levels will be examined. These topics include: landlord-tenant relations, homelessness, the Community Development Block Grant (CDBG) program, public housing, displacement (public and private), regulation of condominium conversions, municipal exaction of housing from commercial developers, housing courts and code enforcement, discrimination, and exclusionary zoning. The role of lawyers and courts in formulating and implementing housing policy will be analyzed. This course is cross-listed as UST 554 by the College of Urban Affairs.
Legal Drafting: General
LAW 778
(2 Credit Hours; 1 semester)
This course is designed to serve as a transition from law school to law practice. The course focuses on drafting of numerous non-analytic documents used in law practice such as wills, contracts, and pleadings. The course provides the student with process for drafting, and the requisite skill to master the process. Concurrently, the course considers the audience and goals of each specific document. The course brings the student back to and reinforces the principles of good writing. Lastly, the course will help develop the lawyerly skill of fact–gathering, which is a prerequisite to effective legal drafting of any type of document. The course is intrinsically designed to serve as excellent preparation for the Bar Exam section on performance, which focuses on document drafting-the Multistate Performance Exam-MPT. Satisfactory completion of the course will satisfy the third semester of legal writing requirement.
Legal Drafting: Current Issues
LAW 798
(2 Credit Hours; 1 Semester)
Prerequisites: RCC. Sections of this course will focus on a variety of areas including, but not limited to, the arts, family law, and intellectual property. Writing assignments will be varied. Satisfactory completion of this course will satisfy the third semester of legal writing requirement.
Legal Drafting: Issues in Employment
LAW 788
(2 Credit Hours; 1 Semester)
Prerequisites: RCC; Employment Discrimination Law (LAW 639) or Employment Law (LAW 684) (may be taken concurrently). Wise employers recognize that their activities pertaining to the employment relationship (from initial advertisement of jobs through to discipline and termination) are governed by a complex set of employment laws. All of an employer's employment-related documents should be drafted with concern both for legal requirements and for strategic objectives. This course provides an opportunity to develop practical drafting skills and savvy while integrating these skills with doctrinal knowledge gained through other course work in the employment field.
The grade will be based on the multiple documents that students will produce and on class participation.
This course satisfies the requirement of a third semester of legal writing. Offered infrequently.
Legal Issues in Education
LAW 721
(2 or 3 Credit Hours)
Prerequisites: RCC. Prerequisites: RCC. This course will focus on a variety of legal issues that arise in the context of education and may include sections on historical perspectives; the structure of educational systems in the U.S.; employment issues with respect to administrators, teachers, non-teaching staff and unions and collective bargaining; issues affecting students, including desegregation, Title IX, compulsory attendance, discipline, curriculum and textbooks, measuring success, special education, religion and the schools, search and seizure in schools, freedom of expression, and student privacy; and school funding.
Legal Process
LAW 556
(2 or 3 Credit Hours)
The course examines the making of law through the development of the common law and legislative and administrative processes.
Legal Profession
LAW 643
(2 or 3 Credit Hours)
Prerequisites: RCC. This course focuses on ethics and professional responsibility. The Code of Professional Responsibility and various related and tangential matters of interest are examined. Class discussion seeks to bridge the gap between theory and practice. Bar admissions and restrictions; responsibilities and obligations; confidences; conflicts; advertising; associates; and practicalities of practice in conjunction with the idealism of ethics are also addressed. Required for graduation.
Legal Responses to Terrorism
LAW 622
(2 Credit Hours)
This course will examine legal and policy perspectives on how to deter, prevent and respond to acts of terrorism both domestically and abroad. Students will study and explore both black letter law (e.g., the Patriot Act and the Foreign Intelligence Surveillance Act) as well as policy debates (e.g., balancing national security against personal liberties) connected with the problem of terrorism. Topics will include: (1) defining terrorism and identifying who commits acts of terrorism; (2) the Patriot Act and other American legal responses to September 11; (3) the efficacy of international laws and treaties on the “war on terror”; (4) interrogation and torture techniques; (5) detainees, tribunals and the problem of where t o hold and try terrorists; (6) wiretapping, surveillance and prevention measures and privacy interests; (7) challenges related to criminal prosecution of terrorists in the United States courts; and (8) compensation to victims of terrorism.
Legal Writing and Litigation
LAW 792
(2 or 3 Credit Hours)
Prerequisites: RCC. The primary emphasis of this course is advanced legal writing and research within the litigation context. The course structure and substantive material will parallel the litigation process from the receipt of a complaint in a factually and legally complex civil case through the motion for summary judgment. Students will gain a refined understanding of the organizational, analytical, creative and critical research and writing experience beginning with the initial exposure to the legal causes of action and culminating with the dispositive motion and response thereto. Course may be offered with a particular substantive focus (e.g., Family Law). Course requirements are fulfilled by research and writing assignments and class participation. There will be no final examination. Satisfies the third semester of legal writing requirement.
Legal Writing, Research and Advocacy
LAW 504
(5 Credit Hours through 2004-2005; 2 Semesters)
(6 Credit Hours beginning 2005-2006; 2 Semesters)
A two-semester course with instructional components directed at writing, research and advocacy skills. Students will concentrate on writing and case analysis and will be introduced to basic bibliographic materials and research techniques. Legal research and writing exercises are designed to introduce basic legal writing forms. Required for graduation.
Legislation
LAW 557
(3 Credit Hours)
This course covers the legislative process; an evaluation of techniques employed by legislatures and courts; the interplay between judicial and legislative functions; consideration of sanctions to conform public action with public policy as expressed through legislation; and some considerations of legislative drafting technique. The course may satisfy the administrative law requirement. Students are advised to check the course schedule to see if the particular offering of the course will satisfy the requirement (will be designated LAW 557AR and will have a “4” in the Notes column of the schedule).
Local Government Law
LAW 645
(2 or 3 Credit Hours)
Prerequisites: RCC. The course examines the sub-federal system, including the taxonomy of local government units and their relationships inter sese and to the state and federal governments; internal organization and structure; legislative and administrative process; powers, nature, and construction; the police power; liability in contract and quasi-contract; municipal finance; and property rights of municipal corporations; and municipal liability for injuries to persons and property. Offered infrequently.
M
Mass Communications Law
LAW 653
(2 or 3 Credit Hours)
Prerequisites: RCC. The explosive growth in telecommunications products and services occasioned by the 1996 Telecommunications Act has necessitated a new body of law to encompass the technical, policy, and regulatory issues surrounding the telecommunications industry. This class will offer a thorough grounding in these issues to permit students to embark on legal work in telecommunications, in either the public or the private sector. Topics will include a regulatory overview, including the Communications Act of 1934; broadcast issues, including digital television; telephone regulation; wireless services; consumer concerns and enforcement of the FCC’s rules; international telecommunications; and Internet regulation. Satisfies the administrative law requirement.
Master of Laws (LL.M.) Thesis
LAW 890
(1 or 3 Credit Hours)
Prerequisites: Admission to the LL.M. program and completion of 20 credit hours of course work (or commencement of student’s seventh semester in the program, whichever occurs first). Three credits elected upon commencement of work on the LL.M. thesis; and one additional credit elected each fall or spring until thesis is completed. Must be elected the fall or spring semester immediately following completion of 20 credit hours of course work in the LL.M. program or during the student’s seventh semester in the LL.M. program, whichever occurs first. With approval of the student’s graduate adviser, a student may enroll earlier, concurrently with completion of the required course work. Graded on a Pass / Fail basis upon completion of the thesis and its acceptance or rejection by the Graduate Studies Committee. Grading note: A grade of “T” shall be entered each semester for LAW 890 while work on the LL.M. thesis is in progress. Upon acceptance or rejection of the thesis by the Graduate Studies Committee, a grade of AP” or AF” shall be entered for those credits, but such grades shall not be included in the computation of the candidate’s final G.P.A.
Mediation
LAW 673
(2 or 3 Credit Hours)
Prerequisites: RCC. Mediation is a process in which an impartial third party--a mediator--facilitates the resolution of a dispute by promoting voluntary agreement by the parties. This course focuses on mediation advocacy, including the role of the advocate, as well as the skills needed by an advocate to achieve a satisfactory mediation outcome. Students will practice the skills needed by the mediation advocate--negotiating, persuading, framing alternatives on behalf of a client in neutral language, navigating perceived deadlocks, and drafting competent mediation agreements. Throughout the course, issues of confidentiality and ethics will be explored through a variety of legal settings, such as family law, labor law, commercial law, environmental law and community disputes.
Medical Malpractice
LAW 664
(3 Credit Hours)
Prerequisites: RCC. This is a course on the basic law in the field of medical malpractice. The course will cover the issues of standard of care, proximate cause, and other theories of liability of doctors, nurses and hospitals. The course considers the common law as well as certain statutory or legislative modifications in the field. Students will also partake in an extended discussion of an actual case from client interview to completion. Offered infrequently.
Mental Health Law
LAW 787
(2or 3Credit Hours)
Prerequisites: RCC. Mental Health Law will address a variety of areas where law and mental health issues intersect. The course will include many of the following: therapist’s duty to warn; therapist-patient confidentiality; competency (e.g. to stand trial; to enter a plea; to waive counsel; to make medical decisions; to marry; to contract; to have or retain child custody); the insanity and diminished capacity defenses (including attention to a number of particular psychiatric conditions); “recovered memory” litigation, day care center prosecutions; medication of children; psychotropic drugs, crimes, and suicides; syndrome issues and forensic expertise.
Mergers and Acquisitions
LAW 693
(2 or 3 Credit Hours)
Prerequisites: RCC; Corporations (Law 692). This course will discuss the major legal issues and strategic considerations raised by corporate mergers, takeovers and acquisitions. Topics will include securities law compliance, state corporate law issues, antitrust implications, tax incentives and accounting treatment.
Moot Court I and II
LAW 806 and 809
(3 Credit Hours for each)
Prerequisites: RCC; open only to students selected to participate in interscholastic moot court competitions following first year or upper level tryout. Students will register for Moot Court I in their first year of interscholastic competition and Moot Court II in their second year of competition. (In 2007-2008, students in their second year of interscholastic competition will register for Moot Court I). With the exception of interscholastic competitions whose rules mandate that participants be members of specific student organizations, absent permission of the Dean and the Faculty Advisor to Moot Court, no student may participate in interscholastic moot court competitions unless the student is registered in this course or is a member of the Moot Court Board of Governors or is invited to do so by the Moot Court Board of Governors as a result of achievement in an intramural competition. Satisfies upper level writing requirement.
Moot Court Board of Governors
LAW 807
(2 Credit Hours)
Prerequisites: RCC; Advanced Brief Writing and Advocacy (LAW 615) (3 Credit Hours); selection by Moot Court Board. Open to students selected to serve on the Moot Court Board of Governors in accordance with the Moot Court Board By-Laws. Administrative responsibility for the successful operation of the overall moot court program and drafting of bench briefs and/or problems. Offered through 2007-2008 academic year.
Motion and Discovery Practice
LAW 644
(2 or 3 Credit Hours)
Prerequisites: RCC. This class will consider legal rules, techniques, and strategy in civil cases for the effective use of and response to discovery tools and to assert and defend motions. The class will apply lectures and reading materials to simulated clinical written and oral exercises, which will be the subject of individual critique and class analysis. Offered infrequently.
N
Non-Profit Corporation Clinic
LAW 822
(2 credit hours)
Prerequisites: RCC, Corporations, L692; permission of the instructor (enrollment is limited). Students will do actual legal work for selected nonprofit corporations in need of assistance. In different semesters, projects may include forming and organizing the corporation; drafting or amending the code of regulations (bylaws); drafting and presenting plain language summaries of fiduciary duties of director and officers; drafting board resolutions and written actions, reviewing contracts and personnel policies for compliance with law; and filing tax exemption applications. The legal principles governing nonprofit corporations mirror to a great degree those governing business corporations, so the clinic will give students experience with skills that apply equally to the for-profit sector. Students may meet with and interview clients, draft corporate documents, and explain to clients the legal principles that must guide their actions in particular areas. Offered infrequently.
Non-Profit Corporation Law
LAW 722
(2 Credit Hours)
Prerequisites: RCC; Corporations (LAW 692) or permission of instructor. This course considers the legal problems and current issues involved in the structuring and operation of non-profit organizations and includes practical exercises in drafting legal memoranda and corporate documents. Satisfies the upper level writing requirement.
O
Ohio Bar Examination Strategies and Tactics: Essays, the MBE and the MPT
LAW 701
(3 Credit Hours)
Prerequisites: Student should be scheduled to graduate within the current academic year. The class is designed to achieve three goals: provide students with detailed information about the structure and content of the Ohio Bar Exam; inform students of strategies and tactics for studying and preparing for and taking the bar; and help students develop and strengthen their test taking skills through the use of regular practice examinations and detailed feedback. The course is both substantive and skills related, concentrating on three of the six double tested subjects – Contracts, Torts and Property. The course is structured so that, by the end, participants will have written and received detailed feedback on about 20 bar essay questions, 150 MBE questions, and 4 MPT problems. Graded on a pass/fail basis.
Ohio Civil Procedure
LAW 667
(2 or 3 Credit Hours)
Prerequisites: RCC. This course consists of an in-depth study of the Ohio Rules of Civil Procedure. A comparison of Ohio and Federal Rules with particular emphasis on Ohio rules relating to venue and process, summons, methods of service, local and out-of-state service, discovery, pleadings, motions.
Ohio Constitutional History
LAW 5XX
This course will review the constitutional history of Ohio and the economic, social, and political forces that influenced the development of the Ohio Constitution. The course will explore Ohio’s experience as part of the Northwest Territory, the movement to statehood, and Ohio’s four constitutional conventions. The approach will be both chronological and thematic. Particular attention will be given to the political and other influences on Ohio’s constitutional conventions. The course will place Ohio constitutional history in the context of the times—the founding era, Jacksonian democracy, the Progressive Movement, and the New Federalism. In addition to the theme of constitutional revision, the course will examine the following topics: the treatment of African-Americans, the rights of women, judicial review, separation of powers, the temperance movement, municipal home rule, tort reform, judicial selection, and the bill of rights. Other topics may be substituted or added from time to time. Students will be expected to work with primary source documents. The course will satisfy the perspective elective requirement.
Ohio Local Government Seminar
LAW 784
(2 Credit Hours)
Prerequisites: RCC. This course will focus on the home-rule powers of Ohio municipalities. The first several weeks of the course will be given over to a discussion of photocopied materials consisting of Ohio cases. The last few weeks will be used for the presentation of student papers. Grading will be based primarily upon the quality of each student’s paper on some topic of Ohio municipal law. The course satisfies the upper level writing requirement.
P
Patent Law and Practice
LAW 642
Prerequisites: RCC. This course explores the U.S. patent system, including the regulatory framework that governs the procurement and maintenance of patents. The course will also consider various aspects of the burgeoning practice of patent law before federal courts and administrative agencies, such as enforcing patents and seeking available remedies from infringers. The course will also cover some of the distinctions that exist among patent, trademark, copyright, and trade secrets protection. There are no upper level prerequisites for this course and a technical undergraduate degree is not required.
Poverty and Law
LAW 654
(3 Credit Hours)
Prerequisites: RCC. This course addresses selected topics such as the nature of poverty, lawyering for the poor, public benefits representation, health care, housing, education, consumer transactions, family law, and employment using a problem-oriented method. The course includes student presentations, skill development exercises, observation of practice settings, and short writing projects.
Predatory Lending
LAW 751
(2 Credit Hours)
Prerequisites: RCC. Over the last ten years, predatory lending has emerged as a significant social problem that burdens borrowers, communities, and investors. This is not a simple phenomenon. To understand predatory lending, its causes and cures, one needs to master an array of material, ranging from the laws governing home mortgages to ideas from behavioral economics. In this course, we will examine the various actors involved in the home mortgage lending process, their legal obligations, and their roles. In addition, we will look at extant and proposed regulations and legislation governing abusive lending, including the Community Reinvestment Act. We will also study the impact predatory lending and predatory lending laws have on borrowers and communities. Students who are interested in banking law, consumer law, community development, and law and economics should find the seminar interesting and relevant. A background in economics is not required for this course. Students will complete a final research paper of approximately 10 pages per credit hour. The course satisfies the upper level writing requirement.
Pretrial Practice
LAW 668
(3 Credit Hours)
Prerequisites: RCC; Evidence (LAW 661). This course will cover the role of an attorney in representing clients from initial interview up to the time of trial. Topics covered will include interviewing clients and witnesses, fact development, scene investigation, obtaining tangible evidence, interrogatories, depositions and negotiations. Ethical concerns will be discussed in the context of pretrial practice as they confront the students in the preparation of their cases.
Product Liability
LAW 666
(3 Credit Hours)
Prerequisites: RCC. This course presents common law and statutory developments in, and theories of, product liability litigation from both policy and practical perspectives. Specific subject areas are founded on basic tort concepts as applied to product liability litigation. Emphasis is placed on strict liability in tort and other theories of liability including market share concepts, design defect, affirmative defenses, application of comparative fault systems, joint and several liability, causation, the legal effects of marketing, product recalls, expert witnesses and related Rules of Evidence, the burden of proof and damages. Students are exposed to national and Ohio law including the Restatement, Torts (Third) Products Liability, the Ohio Product Liability Act and Ohio Supreme Court decisions.
Property
LAW 508
(6 Credit Hours through 2004-2006; 2 Semesters)
(5 Credit Hours beginning 2005-2006; 2 Semesters)
This course covers the definition and classification of property problems concerning acquisition of title; history of land law; estates; introduction to future interests; rule against perpetuities; statute of frauds; concurrent ownership; methods of conveyance; mortgage; recording; and landlord and tenant relationship. A grade is entered on the student’s transcript for each semester of the course. Required for graduation.
Psychiatry and Law
LAW 558
(2 or 3 Credit Hours)
This course examines the relationship between law and psychiatry, including commitment procedures, the attorney’s role in commitment hearings, delivery of legal services to patients confined to mental institutions and the substantive rights of such patients. Satisfies perspective elective requirement. A paper option may be made available in this course.
Psychology of the Courtroom
LAW 694
(3 Credit Hours)
Prerequisites: RCC. The objective of this course is to examine social science research about the legal system and to identify ways in which lawyers can benefit from social science insights about the adjudicatory system. The five major topics of classroom focus will be: (1) a general discussion of strategies and techniques for achieving the goals of adjudication; (2) an exploration of the ways we go about selecting and preparing fact finders (most particularly the jury); (3) the ways the legal system attempts to inform fact finders (and whether these are a success or failure--with a particular focus on eyewitness testimony, attorney behavior and expert testimony); (4) the methods our system uses to control fact finders (the effectiveness of rules controlling judicial conduct, the admissibility of evidence, and legal instructions); and (5) the nature of jury deliberation and decision making.
Public Sector Labor and Employment Law
LAW 675
(3 Credit Hours)
Prerequisites: RCC. The law governing the public employment relationship (i.e., state, local and federal employees) in both non-union and union settings. Covers constitutional issues in the workplace (e.g., employee free speech and privacy rights and procedural due process); Section 1983 and various immunities from suit (e.g., Eleventh Amendment and sovereign immunity); and public sector collective bargaining under the Ohio statute administered by “SERB” (State Employee Relations Board). Satisfies administrative law requirement. Offered approximately every other year.
R
Race, Racism and the Law
LAW 565
(2 or 3 credit hours)
Through a focus on standard legal materials (cases, statutes and so on), selected archival materials and scholarly writings, this seminar seeks to examine the ways in which the law has both (a) reflected societal attitudes about race and (b) generated racial identities for society. In examining these two mutually constitutive poles, we will attempt to arrive at an understanding of the relationship between law and identity. The course will emphasize the historical construction of racialized identitites—those of European-Americans, African-Americans, Asian-Americans, native Americans and others—by and within the law in such diverse contexts as slavery, immigration, the settlement of the United States and civil rights. Students will write a paper in lieu of an exam and may satisfy the upper level writing requirement. Satisfies perspective elective requirement.
Real Estate Law
LAW 648
(2 or 3 Credit Hours)
Prerequisites: RCC; Tax I (LAW 607). This course covers both practice and procedure, emphasizing actual current practices in purchase, sale, tax treatment and financing of real estate transactions, and the relationship among and roles played by the buyer, seller, financing institutions, title companies, brokers, and public authorities. The course focuses on issues fundamental to the process of lending on the security of real estate. Offered infrequently.
Regulatory Federalism
LAW 638
(3 Credit Hours)
In our legal world today, governing law on a given topic issues from not one but two (or more) separate governmental levels. Regardless whether the subject matter is pollution, employment practices, tortuous product design liability, child support, corporate governance, medical insurance, public assistance to needy families – or practically any other – governing law is arguably derived from both State and Federal sources (and sometimes even international sources). Excellent lawyers must understand the interaction of Federal and State law, and methods of evaluating, and possibly attacking, the validity of regulatory law at all levels of government. Many business entities as well as governments retain attorneys to pursue such claims. Final exam or option to write a research paper. Satisfies Administrative Law requirement.
Remedies
LAW 619
(3 Credit Hours)
Prerequisites: RCC. Students will study monetary damages, restitution and equitable relief in the context of contract, property and torts with an examination of the goals behind remedial rules and whether our system is accomplishing these goals. The course provides insight into the integrated nature of our legal system across the different subject areas by focusing on the impact of the merger of law and equity and the many public policy implications underlying statutory and common law efforts to provide appropriate redress to an injured party.
S
Scholarly Writing
LAW 791
(2 Credit Hours)
Prerequisites: RCC. This course is intended to help students make the transition from instrumental to critical writing. The seminar will guide students through the drafting of some common legal documents as well as a long scholarly paper. Students will build on the first year foundation of legal research skills by exploring many other research sources. The course is designed to provide specific guidance, strategies and techniques for each stage of the writing process, from citation to inspiration. The seminar will deal with editing, proofreading, and, ultimately, advice on achieving publication of the scholarly work. Satisfies third semester of legal writing requirement.
Scientific Evidence
LAW 660
(3 Credit Hours)
Prerequisites: RCC and Evidence (LAW 661) (may be taken concurrently). This course concentrates on issues dealing with the introduction of expert testimony with particular focus on testimony involving scientific and technical matters. These are among the most interesting and complex evidentiary issues confronting courts today. Experts testify in a wide variety of criminal and civil cases. Their testimony is crucial to determinations of malpractice, competence, identification, valuation of goods and property, causation and to psychological evaluations. During the semester, a number of experts in various fields will address the class, commenting on their area of expertise and discussing cases in which they have given testimony. Completion of the basic evidence course is a prerequisite for this course.
Section 1983 Litigation
LAW 681
(3 Credit Hours)
Prerequisites: RCC. The course will review the use of Section 1983 in the federal and state courts. It covers the relationship between Section 1983 and state tort remedies; the availability of Section 1983 to enforce federal statutes; the survival of Section 1983 actions and their availability as wrongful death remedies; and the damage and immunity policies in Section 1983 litigation, including the liability of municipalities and supervisors. It also reviews the use of borrowed state statutes of limitations and res judicata policies, attorney fees, and the increasing use of Section 1983 in land use, inverse condemnation, and other regulatory cases as well as in traditional civil rights and civil liberties matters. Students may opt to write a paper that will satisfy the upper level writing requirement. Offered infrequently.
Secured Transactions
LAW 603
(2 or 3 Credit Hours)
Prerequisites: RCC; Commercial Law (LAW 601) highly recommended. The course surveys Article 9 of the Uniform Commercial Code (UCC) dealing with the use of personal property as collateral security. In addition, the parts of the bankruptcy code which affect the enforcement of security agreements in bankruptcy are addressed, as are the sections in UCC Article 8 which deal with security interests in investment securities, and UCC Article 2 dealing with consignments. Problem solving and legal analysis and reasoning are involved.
Securities Regulation
LAW 655
(3 Credit Hours)
Prerequisites: RCC. Strongly recommended: Corporations (LAW 692). This course offers a consideration of the state and federal regulation of securities and transactions involving securities, with emphasis upon the creation of a "security," distributions of securities in the formation of capital, trading in securities, and rights associated with being the holder of a security. Careful attention is also given to specialized liabilities associated with transactions involving securities as a matter of both state and federal law. Satisfies administrative law requirement.
Sexual Orientation and the Law
LAW 563
(3 Credit Hours)
Prerequisites: RCC. Persons with nontraditional sexual orientations face a variety of challenges that their heterosexual friends and family members do not. These include different legal standards being applied to them in employment, marriage, custody, adoption, property rights, health benefits, tax issues, and other situations. This course will explore the historic roots of sexual orientation discrimination and examine the success and failure of legislative and judicial efforts to overcome this discrimination. The role of the social sciences (including anthropology, sociology and psychology) and of popular culture (books, plays, movies, television, etc.) in both creating and breaking down barriers based on sexual orientation will also be explored. Students will be required to research and write a 10-15 page paper and may be required to take a final exam. This paper will NOT satisfy the upper level writing requirement. Satisfies perspective elective requirement.
Social Science and the Law
LAW 585
(3 Credit Hours)
Lawyers, judges, and legislators increasingly draw upon social science data purporting to reveal information about human behavior. The course considers some social science data and seeks to help the law student understand, employ, and challenge the data of this "science." Satisfies perspective elective requirement.
Sports Law
LAW 683
(2 Credit Hours)
Sports Law is the study and application of legal issues and problems relating to the sports management industry. This course focuses on issues and tensions surrounding the industry through an examination of various legal doctrines, such as intellectual property law, labor law, and contract law. Emphasis will be placed on negotiation tactics and drafting through the use of in-class exercises. Specific topics to be addressed during the semester will include client representation agreements, athlete agreements (appearance, endorsement and license), and rights of publicity, among other topics.
Sports & Entertainment Law
LAW 770
(2 Credit Hours)
Prerequisites: RCC. Sports & Entertainment Law is the study of legal issues and problems relating to the music, television, and sports industries. This course focuses on the applicability to these industries of various legal doctrines, such as intellectual property law, labor law, and contract law. Also, emphasis will be placed on negotiation tactics and letter and contract drafting by conducting several negotiation and drafting exercises as well as a simulated representative relationship between the student and the entertainer/athlete. In the context of a mock litigation/arbitration, students will also be required to draft legal briefs in support of the contractual positions taken during the contract drafting exercises. Offered infrequently.
State Constitutional Law Seminar
LAW 786
(2 or 3 Credit Hours)
Prerequisites: RCC. This course will review current issues in state constitutional law. It will deal with the expansion of interest in state constitutional law in response to decisions of the United States Supreme Court in areas involving freedom of speech, the right of privacy, and the rights of criminal defendants. In addition, the relationship between state and federal law, the adequate state ground doctrine, and the different approaches state courts have followed in construing their constitutions will be examined. The course will also review the impact of state constitutional law on tort law efforts to reform traditional state remedies. Although developments in state constitutional law throughout the country will be studied, particular emphasis will be placed on state constitutional law in Ohio. Offered infrequently.
T
Tax Policy and Reform Seminar
LAW 748
(2 or 3 Credit Hours)
Prerequisites: RCC; Tax I (LAW 607). This course examines principles and criteria of taxation and the economies of public finance, the various tax bases, the taxable unit, tax rates, tax incentives, the tax expenditure budget and proposals for tax reform and relief. Satisfies the upper level writing requirement.
Tax Practice and Procedures
LAW 647
(2 Credit Hours)
Prerequisites: RCC. The course will examine the administration and enforcement of the Internal Revenue Code with a focus on practitioner strategy. Topics will include audit procedure, administrative appeals, ruling requests, deficiencies, assessments, penalties, and the statute of limitations. In addition, the jurisdictional and procedural considerations arising in the litigation of federal tax cases will be studied.
Taxation I
LAW 607
(4 Credit Hours)
Prerequisites: RCC. This course provides an introduction to federal income taxation; including the concepts of income, deductions, capital transactions, income splitting and tax accounting principles; use of the Internal Revenue Code and Treasury Regulations; principles of statutory interpretation, including use of legislative histories, court decisions and administrative rulings.
Taxation II: Taxation of Business Enterprises
LAW 697
(4 Credit Hours)
Prerequisites: RCC; Tax I (LAW 607), or permission of instructor if concurrently registered for LAW 607. This course examines the basic rules in Subchapters C, S, and K of the Internal Revenue Code, regarding the Federal income taxation of business enterprises, whether the enterprise is organized as a corporation, partnership, or limited liability company. It includes discussion of the formation of corporations and partnerships, distributions of profits from the entity, termination of the enterprise, choice-of-entity concerns, and other related topics. It is recommended for anyone who will engage heavily in either a tax or business practice.
Tax: Advanced Corporate Tax
LAW 698
(3 Credit Hours)
Prerequisites: RCC; Tax I (LAW 607); Tax II (LAW 697). This course focuses primarily on the Federal income tax consequences of corporate ownership reorganizations. It explores corporate combinations, including taxable and tax-free mergers and acquisitions, corporate divisions (spin-offs, split-offs, and split-ups), as well as rearrangements of the capital structure of a single corporation, such as through recapitalizations and stock dividends. It also explores the carryover of tax attributes after corporate combinations.
Tax: Federal Taxation of International Transactions
LAW 628
(3 Credit Hours)
Prerequisites: RCC; Tax I (LAW 607). This course will examine, with a broad stroke, the U.S. Federal Income Taxation of both inbound and outbound transactions. It will examine, in particular, (1) the jurisdictional rules regarding the right to tax income in the international context, (2) the source rules for income and expenses, (3) the foreign tax credit, (4) the taxation of foreign activities of Americans, and (5) the taxation of domestic activities of foreigners.
Taxation: State and Local
LAW 657
(2 or 3 Credit Hours)
Prerequisites: RCC. This course addresses the fundamentals of state and local taxation applied to both individuals and business entities, including a survey of income tax, real and personal property tax, estate taxes; corporate franchise tax, sales tax and use tax. Tax problems of business entities will be considered. Offered infrequently.
Taxation: Tax Exempt Organizations
LAW 604
(2 or 3 Credit Hours)
Prerequisites: RCC; Tax I (LAW 607). Topics covered include organizational structure of tax exempt and charitable organizations; policy and practice of preferred tax treatment for selected organizations and gifts to them; statutes, regulations, and IRS practice; legislative origins, judicial interpretations, and policy consideration, tests of qualification, disqualification, and limited tax preference; mechanics of securing and retaining exemption; qualified exemption; unrelated business income; private inurement; political activity; denial or loss of exemption; return and reporting requirements; private foundation treatment; comparative tax treatment of nonexempt and nonprofit organizations. Offered infrequently.
Taxation: Wealth Transfer Tax
LAW 606
(4 Credit Hours)
Prerequisites: RCC; Tax I (LAW 607). Federal gift, estate and generation skipping taxation of wealth transfers will be analyzed primarily through the concepts of completed gifts and gross estate inclusions with some study of deductions and the tax itself. Federal income taxation of estates, simple trusts and complex trusts including distributions to beneficiaries with some study of grantor trust rules and income in respect to a decedent will also be covered.
Theories of the Business Firm in Critical Perspective
LAW 762
(3 Credit Hours)
This course will explore the following idea and why it might be important for law: just exactly what is a "firm" (or any other "organization" for that matter), how does the law conceive of "firms," and what difference does it make? An underlying theme of the course, not surprisingly, is that answers to these questions might make a very big difference, and the course will ask what the law could learn from them from economics and from a specialized area of social science literature, improbably neglected among legal academics, that goes by the name “the theory of organization.” This body of thought has special value in understanding business entities and, indeed, in understanding law generally. The course will begin with generally adopted ideas about what constitutes the "firm" at use in the legal literature and those in economics. It will consider the mainstream evolution of the concept in transaction cost economics and the “nexus of contracts” theory currently predominant among legal economists. The course would then consider critiques of the traditional concept and its economic evolution, including the Legal Realist perspective, the Critical Legal Studies (CLS) perspective, and other viewpoints. Finally, in a sense as its capstone, the course would delve into general, non-normative consideration of the theory of organization, to show how organization theorists have cast doubt on the ability of traditional models and traditional critiques to explain real-world organizations. Those organizations, it turns out, are often complex and ambiguous places where traditional models of human motivation are not up to the task of explanation. At its core, the course would seek to highlight the practical and political significance of the particular theory of organizations chosen by a legal system. The course will be well suited for students with a social science background, and may also be of interest to students interested in business organizations, management, and counseling business clients.
The grade will be based mainly on one seminar paper of sufficient length and content to justify 3 hours of credit. In addition, some portion of the grade will be based on a few short assignments in which each student identifies the “main idea” of papers that are read in the course. The course satisfies the upper level writing requirement and the perspective elective requirement. Permission of the instructor is required.
Theories of Justice
LAW 559
(2 or 3 Credit Hours)
The course will focus on theories of justice as seen in writings of significant philosophers. Ideas of writers such as Plato, Aristotle, St. Thomas Aquinas, Benthem, Hobbes, Locke, Mill, Nozick, and Rawls, among others, will be studied. Contemporary applications of the various theories of justice will be explored. The course is designed for students without a significant background in philosophy. Satisfies perspective elective requirement.
Torts
LAW 502
(6 Credit Hours through 2004-2005; 2 Semesters)
(5 Credit Hours beginning 2005-2006; 2 Semesters)
The course considers injuries to and interference with persons or property, including intentional wrongs such as assault, battery and false imprisonment, and unintentional wrongs with emphasis on the law of negligence and products liability and such concepts as causation, duty, contributory negligence, assumption of risk and immunities. The wrongs of defamation and nuisance are also covered. The course will include the following: workings of the legal process; insurance; the social, economic and political implications of decisional and statutory law; and topics of current interest. A grade is entered on the student’s transcript for each semester of the course. Required for graduation.
Transnational Litigation
LAW 620
(3 Credit Hours)
Prerequisites: RCC. This course will consider how one goes about litigating transnational cases. Such litigation may involve a transnational claim structure and may involve public or private litigation. Some aspects of U.S. substantive law having extraterritorial effect will be considered (for example, the Foreign Corrupt Practices Act). Procedural subjects to be studied include jurisdiction, effectuation of service on parties overseas, problems of conducting pre-trial discovery outside the United States and enforcement of foreign judgments. Offered infrequently.
Trial Advocacy
LAW 663
(2 or 3 Credit Hours)
Prerequisites: RCC; Evidence (LAW 661). The course will analyze the trial process from selection of the jury through final argument and jury instructions. Students will participate in frequent exercises involving portions of the trial process and will meet in both large and small group classes.
Trial Advocacy Competition Course
LAW 863
(2 Credit Hours)
Prerequisites: RCC. The course is designed to promote professionalism in the litigation arena in both the preparation and trying of cases. A try-out competition is held each Fall to select a team of eight that will be together for the entire year. The team will then meet throughout the Fall semester, although credit will not be allocated until the Spring semester. The course consists of a preparation component as well as mock trial competition components. The preparation consists of approximately sixteen supervised weekend classes per semester. The competition aspect consists of a one-day cross-town competition in the Fall and a three-day regional competition in the Spring. During these mandatory competitions, each class member will argue their case against students from law schools throughout the country. The ultimate goal of the course is to foster professionalism among participants, as well as promote excellence in trial advocacy.
The American Association for Justice is responsible for organizing the Spring trial competition. Each year, the AAJ drafts a fictional legal case, complete with witness depositions, exhibits, and jury instructions. Using the Federal Rules of Evidence and the Federal Rules of Civil Procedure, teams develop arguments and create their own case theory based on the assigned case. In competition, students from one member school represent one side and compete against students from another school who represent the opposing side. Teams represent both plaintiff and defendant in successive rounds. Scoring is based on how well the students articulate their arguments and develop their case theory. The competitions are judged by actual sitting judges as well as lawyers from the community.
The competition is open to all second, third, and fourth year law students. Up to eight students will be selected. In order to be selected, students must analyze a hypothetical case and given an opening statement or closing argument in front of a panel of attorneys and former trial team members. The team is supervised and taught by attorneys from the law firm of Reminger & Reminger. The supervising attorneys will be partners and associates of the firm who have extensive trial experience as well as prior experience supervising students in trial competitions.
The Spring semester consists of intense trial advocacy training in January through March. The course requires a greater time commitment than the usual two credit course but the students will gain considerable competencies as trial advocates. The course will prepare the students to compete in the National Trial Advocacy Competition sponsored by the AAJ. The course is graded pass/fail.
U
Urban Development Law Clinic
LAW 826
(2 to 5 Credit Hours)
Prerequisites: RCC; approval of clinical faculty. The Urban Development Law Clinic offers students the opportunity to practice law under the supervision of a staff attorney. The Clinic’s clients are neighborhood and community-based nonprofit corporations producing and managing affordable housing, initiating economic development and enhancing the quality of life in urban neighborhoods. The Clinic operates as a small firm or practice group providing a variety of legal services to clients. The work students undertake in the Clinic is primarily transactional, consisting of: legal research to address specific issues and problems raised by clients; drafting leases, contracts, and other documents and forms; designing and conducting training programs for clients; and general counseling and advising of clients regarding legal, corporate and business matters. The goal of the Clinic is two-fold: to serve the real needs of the urban community while enabling students to acquire legal skills and experience under supervision of experienced staff attorneys and the clinic’s director.
W
White Collar Crime
LAW 652
(2 or 3 Credit Hours)
Prerequisites: RCC. The course on white collar crime is divided into three major sections. First, it considers overarching principles of corporate criminal liability, personal liability in an organizational setting, appropriate sanctions for white collar crimes, and the grand jury process. Second, it examines a number of “generic” offenses, that cut across substantive areas, including conspiracy, mail fraud, wire fraud, false statements, perjury, and obstruction of justice. Finally, the course explores more particularized types of white collar offenses such as bribery of public officials, RICO, tax fraud, computer crime, and criminal antitrust violations. The course typically features three or four guest speakers from the local community who either prosecute or defend white collar crime cases.
Women and Law
LAW 631
(2 or 3 Credit Hours)
Prerequisites: RCC. The materials insistently question the role of law in the creation and destruction of social and economic conditions that disadvantage women. "Feminist jurisprudence" or "feminist theory" is presented more as an array of alternative approaches to doctrinal issues than as a separate body of thought. Topics covered include "Women and Work," "Women and the Family," and "Women and Their Bodies." Satisfies perspective elective requirement.
Workers' Compensation
LAW 651
(2 or 3 Credit Hours)
Prerequisites: RCC. When injuries to employees occur at the workplace, often tort suits against the employer are excluded from the range of available remedial options. Instead, the worker is confined to the statutorily prescribed administrative remedy of workers’ compensation. This course explores the injured employee’s remedies at common law and under the Federal Employers’ Liability Act (FELA) and provides and in-depth study of substantive and procedural problems arising under Workers’ Compensation statutes with particular emphasis on Ohio’s distinctive law.