Advanced International Trade Law (Bhala)
These are the first day (21 January) and second day (27 January) assignments. They are the same both days:
(1) Please pick up syllabus from tables near student hanging files.
(2) Please carefully review syllabus.
(3) As per syllabus, please carefully do the following required reading:
International Trade Law (Textbook)
Volume III, Chapters 1-9
Advanced Litigation (Schnug)
For our first class (1/23/2020) please review this brief article: http://www.persuasivelitigator.com/2012/06/talk-to-the-eyes.html. Also, please complete the self-assessment form posted on Blackboard and bring it with you to turn in on the first day.
You do NOT need to wear courtroom attire for our first class, but you will for every court session (Thursdays) after that. I look forward to working with you!
Read Casebook pages 1-5, 40-44.
Do Problem 2.3 and a variation of 2.3 in which the debt is $10,000.
Do 4.3 (p.103) both as is and assuming no mortgage; ignore question about bankruptcy.
Commercial Arbitration (Drahozal)
For the first day of class, read pages 1-19 and prepare to discuss Problems 1.1 and 1.2 in the Drahozal casebook.
Complex Litigation (Hines)
For Wednesday, January 22nd, please read pages 1-14 in Mass Tort Litigation by Professor Linda Mullenix. You may not use your laptops to take notes in this class.
Contract Drafting (Sears)
Class 1 - January 22, 2020
Chapter 1 – A Few Words.
Chapter 2 – The Building Blocks of Contracts.
Chapter 3 – Translating the Business Deal – Part 1.
Chapter 4 – Translating the Business Deal – Part 2. (Including the Appendices to Chapter 4.)
Chapter 5 – A Contract’s Parts.
Class Discussion – We will discuss Exercise 5-2 during class. Please review it.
Contracts II (Mulligan)
- Register for the course on Westlaw’s TWEN
Jan. 23 Text of UCC Art. 1 / begin next assignment
Jan. 24 Assignment # 1 – problems 1.1-1.6
Copyright Law in a Digital Age (Smith)
Welcome to this class! As I will try to convince you throughout the semester, copyright law is the most interesting area of legal study there is, because we will be dealing everyday with the products of human imagination and culture in all their variety, humor, and pathos. We will be discussing all kinds of cultural productions, from classic novels to pop music, graffiti to sunken pirate ships.
Your first step in this class is to register for the TWEN course page. The page is labelled “Copyright Law in a Digital Age” and is open for registration now.
The syllabus is available on the course site, as are most of the course readings. There is no casebook to buy for this course, since we will be using an open text, but you will need to purchase one monograph, The End of Ownership, which costs less than $20. Everything else you need is freely accessible for you and is loaded to the TWEN course page. The casebook is Copyright Law: Cases and Materials by Jeanne Fromer and Christopher Jon Sprigman. There is a full PDF of this work on the TWEN site, as well as the complete text of Title 17 of the United States Code, and a couple of additional articles you will be asked to read during the semester.
If you wish, you can purchase an inexpensive paperback copy of the casebook from Amazon at this link, but it is fine to simply use the free PDF.
Please note that there is a short assignment to be read for the first class (Jan. 21): the first sixteen pages of the Fromer & Sprigman casebook (i.e. pp. 1-16) and a short article by Carla Hesse, “The Rise of Intellectual Property, 700 B.C. – A.D. 2000: an idea in the balance,” which you will find on the TWEN site.
I am looking forward to exploring with all of you how copyright law works, and where it fails, in a digital age.
P.S. You might also be interested in this brief story from “Inside Higher Ed” about the issues around licensing these free casebooks in law schools: https://bit.ly/2MRfCFn.
Corporate Finance (Harper Ho)
Reading assignments including required supplemental readings will be posted to the "Course Materials" section of Blackboard, which will be available to you by Jan. 15. The syllabus for the course will also be posted to Blackboard and I will distribute hard copies in class.
Our casebook is Carney, William J., Corporate Finance: Principles and Practice (Foundation Press, 3d. ed. 2014). In addition, there is an optional coursepack that is highly recommended (see below). A 4th ed. of the casebook was released in Dec. 2019 but we are NOT using that version - hopefully this will be cheaper as well.
The assignment for Tue. Jan. 21 is:
Casebook: Carney pp. 1-10 (skip Quick Check 2.1 on p. 10).
Blackboard E-Supplement: Robert J. Rhee, “Introduction,” in Essential Concepts of Business for Lawyers (Wolters-Kluwer 2012), pp. 1-2; Excerpts from Brealey, Myers & Allen ("BMA"), pp. 2-5, 8-10, 721 (located in the folder for Tue. on Bb); SKIM: SEC’s Guide to Financial Statements (https://www.sec.gov/reportspubs/investor-publications/investorpubsbegfinstmtguidehtm.html).
Powerpoint slides will generally be posted in advance of class and I encourage you to view or print them in advance so you'll know where we're headed. Additional slides may be posted after class, so check Blackboard regularly.
NOTE: All supplemental course materials will be posted both on the course Blackboard site and will also be available in the optional coursepack. The coursepack should be available by the end of this week (i.e. by Fri. Jan. 17) at the KU Main Union bookstore - I'll confirm once I have more information. The cost of the coursepack includes not only copying costs, but also royalties to the copyright holders and so will be more expensive than printing the materials yourself. However, because the exam for the course will be in closed mode (wordprocessing only), I encourage you to save time and buy the coursepack rather than attempt to print out all supplemental readings. In either case, you will want to check Blackboard regularly in advance of class for additional materials, including weblinks, tools, and powerpoint slides. A zip file of the coursepack will also be available on Blackboard.
Criminal Law (Simon)
Textbook pp. 1-41
Employment Discrimination (Velte)
Ch. 2, 11-20 (stop at C. Enforcement Schemes)
Ch. 3, 95-110 (stop at Hicks)
Extended Bar Exam Preparation (Jewell)
Make a list of any concerns you may have about the bar exam at this point. Consider any demands you expect to have on your time between graduation and the bar exam (e.g. moving, travel, work, family commitments, etc.) and list them. Bring hard copies of both lists to class. Be prepared to discuss these concerns and demands in class.
Family Law (DeRousse)
Introduction to Family Law
Chapter 1, Marriage, Family and Privacy in Contemporary America
Marriage, Family, and Privacy in Contemporary America
In this section, we will explore the constitutional limits of the government’s ability to regulate the family, and the evolution of the right to privacy doctrine which undergirds all of our future work in family law this semester. This is definitely constitutional law, and it’s complicated - some law schools will devote an entire semester to a required “Con Law II” course about these individual rights. We can’t afford to do that in Family Law and your Family Law exam will not be a Con Law exam focused on how each dissent or concurrence differed in its approach. Instead, my focus here is to provide a framework for understanding existing limits on or justifications for governmental intrusion into the family, so that we can later structure our arguments about divorce, adoption, custody, etc. with reference to these limits and justifications. Let’s try not to get too bogged down – instead, keep the focus on the impact on current issues in family law.
Defining the Family
Federal Indian Law (Howlett)
There, There – Prologue and Character list
Cases and Materials on Federal Indian Law, 6th Ed., Getches et. al
- Pg. 1-6—What is Federal Indian Law?
- Pg. 7-8 (starting at ¶ “Another reason”)--Why Study Federal Indian Law?
- Pg. 8-26 (skim)—American Indians Today: An Overview
- Pg. 26-28—Assimilation of Indians
- Pg. 28-29 (Final section)
- Pg. 29-36--Perspectives on Indian Law
o Columbus’ Legacy
o American Indians, Time and the Law
o A Philosophy of Permanence: The Indians’ Legacy for the West
Feminist Jurisprudence (Deer)
Please come to the first class prepared to discuss the following readings:
- Justice Bradley's concurrence in Bradwell v. The State, 83 U.S. 130 (1872).
- Preface (p. xxix) and Chapter 3 (pp. 55-77) of Feminist Judgments (required textbook)
- In HLS Classes, Women Fall Behind available at https://www.thecrimson.com/article/2013/5/8/law-school-gender-classroom
If you are not a law student, please also read:
Orin S. Kerr, How to Read a Legal Opinion, 11 The Green Bag 2d 51 (2007)
Global Data Protection and Privacy Law (Fey)
Reading and Pre-Class Project for January 27, 2020
Hello! I hope all of you are having a great break. I am really looking forward to meeting and getting to know you. My goal is for this to be a very interesting class for all of you regardless of whether you are interested in pursuing a privacy law career or just want to learn more about what corporations, nations, etc. are doing with your data. This will be a highly interactive class, so come prepared to participate in great discussions. With that in mind, here is the reading and project work I would like you to do in preparation our first class together….
- Data & Goliath
- Introduction (1-11)
- Chapter 1 (15-22)
- Select Articles
- Project to Complete before First Class
- Pick a company that has collected data from or concerning you, and request the company to provide you with your personal data that is held by the company. Companies should provide instructions for downloading or requesting your data. Please be aware that some companies make this easier than others. Confirm that you can get a download of your data in time for the first class (or pick another company). If you are concerned about the timing, you may want to consider requesting your data from a couple of different companies.
- Our class discussion will be much more interesting if there are a variety of different companies chosen. When you request your data, consider whether you are amenable to providing any additional data the company requests in order to get your data. If not, pick a different company.
- Consider (but don’t feel limited to) the following companies. Please consider options that are not likely to be chosen by a lot of others. That will make for a more interesting discussion.
- What’s App
- Microsoft (X-Box or other gaming platforms)
- Epsilon Data Management
- Print out 2-3 pages of the most surprising data you received from company, and bring that printout to class
- Come prepared to talk about:
- The ease or difficulty of obtaining access to your personal data
- What surprised you about the types of personal data the company maintained concerning you
- The company’s privacy practices (including its data sharing practices)
- Your opinions on the company’s data collection and privacy practices (including its data sharing practices)
- Your views on rights that data subjects (like you) should have
- If you do not think any company has your data, then please email me at firstname.lastname@example.org for an alternative project
See you soon!
Laura Clark Fey
Higher Education and the Law (Landsberg)
Please read the syllabus, and pages 6-8, 78-81, 1067-73, 1023-28, 1055-66, and 1145-52 of the casebook, Areen and Lake’s Higher Education and the Law, 2d edition (2014), Foundation Press.
Legislation and Statutory Interpretation (Leben)
Session 1: Pages 1-59 (top of page only); hypothetical (sent by email)
Session 2: Pages 59-80
Session 3: Pages 80-103
Session 4: Pages 405-424
Mergers and Acquisitions (Mikkelson)
Read Chapter 1 (Introduction) in the casebook: Mergers and Acquisitions Law, Theory and Practice (Hill, Quinn & Davidoff Solomon 2nd ed. 2019).
Media and the First Amendment (Johnson)
Stone, et al., The First Amendment, pages 383-409.
Patent Law (Simon)
Textbook pp. 1-40 and the following articles (portions to read noted). I will post the articles on TWEN.
Theories and Justifications of Patent Law
Peter Menell, Intellectual Property: General Theories, in Encyclopedia of Law & Economics (2000)
Read: Pages 129-146
Edmund W. Kitch, The Nature and Function of the Patent System, 20 J.L. & Econ. 265 (1977)
Rebecca S. Eisenberg, Patents and the Progress of Science: Exclusive Rights and
Experimental Use, 56 U. Chi. L. Rev. 1017 (1989)
Read: Pages 1024-1030, 1036-1045
History of Patent
Edward C. Walterscheid, The Early Evolution of the United States Patent Law:
Antecedents (Part 1), 76 J. Pat. & Trademark Off. Soc'y 697 (1994).
Edward C. Walterscheid, The Early Evolution of the United States Patent Law:
Antecedents (Part 2), 76 J. Pat. & Trademark Off. Soc'y 849 (1994).
Adam Mossoff, Who Cares What Thomas Jefferson Thought about Patents – Reevaluating the Patent Privilege in Historical Context, 92 Cornell L. Rev. 953 (2007)
Pretrial Advocacy (Valdez)
- Pretrial by Thomas A. Mauet, published by Aspen Publishers (8th ed.)*
- “Pretrial Advocacy Case File” (I will distribute via Blackboard)
Please read Chapter 1 and 2 of Pretrial for the first week of class. It is fine if you have purchased either the 6th or 7th Ed. of Pretrial for the course because you should be able to follow the assigned reading noted in the syllabus (to be distributed in class the first day). However, you should be cognizant that the federal rules referred to in the Pretrial chapters in the older editions of the book may have changed somewhat. Therefore, please review all applicable rules that are highlighted in each assignment.
I will use Blackboard to load the class syllabus, class notes, etc. The class Blackboard site will go live for this class no later than Sunday, January 19, 2020.
Professional Responsibility (Valdez)
- “Ethical Problem In The Practice of Law,” (4th Ed.), Lerman Schrag
- Model Rules of Professional Conduct Book, or can be found on the American Bar Association website at: https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents.html
Please read the following for the first week of class:
Introduction and Chapter 1: Regulation of Lawyers (Text: xxxiii – xxxvii and pp. 1-63; Model Rules: Preamble and Scope note, and Rule 8.1)
Chapter 2: Lawyer Liability (Text pp. 65 – 140; Model Rules 5.1-5.3; 8.3)
(1) Please read thoughtfully pp. 1-8 of Chapter 1, The Concept of Property, in Sprankling & Colletta, Property: A Contemporary Approach (4th ed) (or 3rd, see below).*
(2) Please retrieve Freyfogle & Karkkainen, The Institution of Private Ownership: Introductory Essays (2013) (available free for download at: https://ssrn.com/abstract=2310181) and print, read thoughtfully, and bring to class pages 2-11 “Moral Complexity and the Common Good” (inclusive of “A. The Labor Theory and Its Curious Path” and “B. The Moral Complexity of Private Ownership”). NOTE: You do not need to print the entire document, only pp. 2-11.
Come to the first class prepared to discuss at least two specific issues or points raised in the reading.
- 3rd edition also acceptable: If you have trouble finding an affordable copy of the 4th edition, it is acceptable to use the 3rd edition - I am placing a copy of the 4th edition on reserve in the library so that students who opt to use the 3rd edition can consult the 4th edition reserve copy at times during the semester when reading assignments appear only in the new edition. This syllabus will provide page numbers for each edition.
- This is a no-laptops class so the online-only version of the textbook is not recommended.
For Wednesday, January 22nd, please read pages 1-15 in Modern American Remedies(Concise 5th ed.) by Douglas Laycock and Richard Hasen. You may not use your laptops to take notes in this class.
Representing Nonprofit Organizations (Hopkins)
- Textbook, Chapters 1-3
- Review of law of tax-exempt organizations – discussion (see “crash course” outline in syllabus via email)
Special Topics Human Dignity Law (May)
Class 1: Introduction to Dignity Rights & Worth of Human Person
- Watch: https://vimeo.com/361701724
- Review: https://www.dignityrights.org
- Read: Dignity Law: A Global Casebook for an Emerging Area of Law (forthcoming, W. S. Hein & Co. 2020)(working manuscript available from bookstore)
- Preface (pps. 2-3)
- Overview: Mapping Dignity Law (pps. 11-24)
- Unit 1, Ch. 1: Definitional Dignity (pps. 25-33)
- Unit 1, Ch. 3: Dignity in the Human Rights Era (pps. 45-66)
Taxation of Business Enterprises (Mazza)
- Schwarz, Lathrope & Hellwig, Fundamentals of Business Enterprise Taxation: Cases and Materials (7th ed. 2020)
- Current Code and Reg volume (2019-2020 ed.). Students who took Federal Income Tax in the fall will use the Code volume purchased for that course.
- Assignments and additional readings, which include the syllabus, will be distributed via TWEN.
ASSIGNMENT FOR FIRST CLASS (Tuesday, January 21):
- Purchase the required materials from the bookstore.
- Download the materials from TWEN. [I plan to issue the syllabus in two parts. The first part, covering introductory material and subchapter C, should be posted sometime during the week before classes begin.]
- For the first day, after discussing administrative matters, we’ll complete Unit 1 and start Unit 2. Unit 1 gives an overview of the three basic models of entity taxation - the C corporation, the S corporation, and the partnership. Although we will spend some time in this unit discussing the relevant distinctions among the three models, we will wait until we have some base of knowledge concerning C corporations before we make specific comparisons. In Unit 2, we’ll talk about the requirements associated with section 351. We won’t get to any of the problems in Unit 2. Please read pages 505 – 520 and the Code sections assigned to that part of the unit. We won’t get to American Bantam Car until the next class period.
Trusts and Estates (Drahozal)
For the first day of class, read pages 1-10, 22-27 in the Gallanis casebook.
Writing for Law Practice (Rosenberg)
1. Read Bridges & Schiess, Writing for Litigation 1-10 (the Introduction).
2. Read the Higdon article on effective critique, located on the course Blackboard site under the Supplemental Readings tab.
3. Read the Case File, located on the Course Blackboard site under the Case File tab, including:
- The Memo re: Case File
- The cases cited in that memo
- The factual materials in the case file
4. Please come to our first class meeting prepared to discuss the law, the facts, and your analysis of this case. I will not collect written work, but it would be useful to write yourself a memo, an outline, or some well-organized notes to memorialize your initial analysis.