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First-Day Assignments

Fall 2016

Advanced Criminal Procedure (Cateforis)
Please read pages 34 (starting at Part B) through page 63 of Criminal Procedure: Prosecuting Crime. Also note that we have a make-up class on Aug. 29, 2016 at 12:30 in our regular class room. See you all Thursday!

Advanced Litigation (Prater)
Come to the first class meeting.

Antitrust (Landsberg) 
Casebook: Elhauge, Einer, US Antitrust Law & Economics, 2d ed (2011), pages 1-10. 

Bankruptcy (Ware)
Read the casebook’s Table of Contents, Preface, and 1-5.

Business Organizations (Harper Ho)
Required materials for the course include:

  • the most recent (3d) edition of Smith & Williams (S&W)
  • the 2016 Eisenberg statutory supplement  

I have been advised that the 2015 statutory supplement (required) is unlikely to be available at the bookstore before the first week of September, but assigned readings from it will be provided for you in PDF via Blackboard for the first couple weeks. 

An optional coursepack will be available (on or before Monday, August 22) at the bookstore (KU Student Union) that includes the primary supplemental readings (with the exception of handouts). You may instead print or use supplemental materials from Blackboard, but many students find the coursepack more convenient. Note that the coursepack does not include various handouts that will be assigned throughout the course; these will be available only via Blackboard. The course syllabus and Blackboard site should be accessible to you the week of 8/22. 

Since the syllabus only contains the full assignment for the first few weeks, be sure to check Blackboard (Course Materials) for each session's assignment and the related folder containing any supplemental materials (beyond the casebook and statutory supplement) even if you are purchasing the coursepack. An updated syllabus with remaining assignments will be provided later in the course, but generally after we complete a section of the materials rather than in advance. Blackboard is the authoritative sources for all assigned readings and announcements. The "Assignments" section of Blackboard will be reserved for assignments you will complete during the course, not for daily readings. Please be sure to bring your casebook AND statutory supplement (once it's available) with you to class each day.

For Monday (8/29), we will cover “Creation of the Agency Relationship.” Please prepare:  

  • S&W pp. 1-6, Nears v. Holiday Hospitality Franchising, Inc. (does not incl. Prob. 1-1)
  • Stat.: Rstmt (3d) of Agency §§ 1.01-1.03, 1.04(5)

NOTE: For all assignments from the Restatement, you should also skim the comments and related examples. Bring the Statutory Supplement with you to class each day.  For this class, the statutory materials are at least as important as the cases (if not more).

Today's Key Questions:

  • What is a principal? What is an agent?
  • How is an agency relationship formed? What intent is required? Of what relevance is contract?
  • Why does it matter whether an agency relationship exists between two parties or not?

Civil Procedure (Hines)
For class Thursday, August 25th, please read pages 1-5 and 17-21 in the Civil Procedure casebook by Yeazell & Schwartz, and Rule 8 in Federal Rules of Civil Procedure with Selected Statutes (2016 edition).

Civil Procedure (Mulligan)

  • August 29, first meeting: skim 295–305, read 305-17 in Yeazell & Schwartz.
  • August 29, second meeting: continue previous reading; 338–61 in Yeazell & Schwartz.
  • Enroll in the course’s TWEN page.

Civil Procedure (Sward)
Welcome to Civil Procedure! I am looking forward to meeting all of you, and to having a great semester!

We are plunging into this class full tilt on the first day, as we will have two classes, one after the other. We will take a 10-minute break between the two classes. Because we start with two classes, there is a lot to digest before these classes. I expect to cover the materials listed under "Introduction" and "History of pleading" in your syllabus during these first two class periods. Therefore, please read pages 1-27 in the casebook; "A Brief History of Procedure," which is posted on Blackboard under the "Course Documents" button; and pages 553-559 in the casebook. In addition, please read through the entire syllabus, which has some important rules for this class; and "The Whether/When Issue Statement," which is posted on Blackboard under the "Course Documents" button. Your first ungraded assignment is due during the second class period, and it is to draft a "whether/when" issue statement for Gillispie v. Goodyear Service Stores, p. 555 in the casebook, which is part of the assigned reading for the day. You will turn these in, and I will return them to you with comments as soon as possible. I hope this will give you a head start in developing your case-reading and issue-identification skills.

I know this is a lot of material, and it will keep you very busy. I assure you that it won't be like this every day!

Complex Litigation (Hines)
For Thursday, August 25, please read pages 2-20 in Mass Tort Litigation by Professor Linda Mullenix.

Contract Drafting (Sears)
August 31, 2016: Translating the Business Deal into Contract Concepts. These chapters provide the framework for the course. You will learn the analytic skills that deal lawyers use when drafting and the basic contract concepts from a deal lawyer’s perspective.

Reading assignment:

  • 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.

Drafting Assignment:

  • None

Contracts (Ware)
For our first class, read pages v – x in the Farnsworth casebook.

The syllabus is linked at http://www.sware.faculty.ku.edu/contracts/

Criminal Procedure (Phillips)
Dressler & Thomas, Criminal Procedure: Investigating Crime (5th ed.), pages 2-3, 18-23, and 58-63.

Digital Privacy Rights in an Open Society (Kautsch)
Go to The West Education Network (TWEN) and visit the TWEN website for the course. The assignment for the first class is in “Course Materials” on the TWEN site. The course syllabus also is available there.

E-Discovery (Castle)
Read the first two chapters in Zubulake's e-Discovery.  

Elections and Campaign Finance (Johnson)
August 29 and 31:

  • Lowenstein et al., pages 25-26, 36-37 n. 5, 40-60, 86-93 n. 5 
  • Blackboard, Article I, Sections 4 and 5 of U.S. Constitution; Amendments 15, 17, 24, and 26​

Environmental Law (Outka)
Welcome back to Green Hall! For the first day of class, please read and bring with you the sampling of environmental law news stories below. Collectively, these selections will give you an early sense of the wide-ranging issues, themes, and challenges for environmental law and policy, historically and looking to the future as the field continues to evolve.

As you read each selection, highlight and come prepared to discuss aspects of the stories that raise questions, that evoke your sense of justice or injustice, that suggest the possibilities and/or limits of law as a source of environmental protection, and anything else that strikes you as interesting and especially pertinent to the justifications for and practice of environmental law.

I look forward to meeting you on Monday!

Note: A number of the stories below are from E&E, a news service available through KU's Wheat Law Library. On campus, you can access the E&E stories below directly via the links provided. Off campus, you will have to log in through the library web page (scroll down to “Energy and Environmental Publishing” under “Topical”). You can then find the story by date or title search. 

  1. “WATER POLLUTION: Judge rules dairy manure poses 'imminent and substantial' health threat,” GreenWire/E&E Publishing (Jan. 15, 2015)
  2. “SUPERFUND: Court sides with smelter in cross-border emissions fight,” E&E News (July 2016)
  3. EPA Release: "Agreement Reached with the Unified Government of Wyandotte County and Kansas City, Kansas to Improve Sewer and Stormwater Systems / Settlement will ensure reductions in raw sewage overflows and stormwater flooding in the most impacted neighborhoods," (March 22, 2013)
  4. “A Question of Environmental Racism in Flint,” New York Times (Jan. 21, 2016)
  5. “ENDANGERED SPECIES: Greens’ massive lawsuit aims to force FWS deadline deal,” GreenWire/E&E Publishing (August 23, 2016)
  6. “CLEAN WATER RULE: Key players gird for historic court battle,” GreenWire/E&E Publishing (Jan. 7, 2016)
  7. “EMISSIONS: North America to aim for 50% zero-carbon grid by 2025,” ClimateWire/E&E Publishing (June 28, 2016)

Evidence (Prater)
Read Chapter 1.

Federal Income Tax (Mazza)
Purchase from the bookstore the following required materials:

  • Burke & Friel, Taxation of Individual Income (11th ed. 2015)
  • CCH, Federal Income Tax Code and Regulations — Selected Sections (2016-17)

Before the first class, access the TWEN materials and read the course description. The TWEN materials should be posted early the week of August 22. During the first class, we will discuss some administrative matters relating to the course and focus on sources of U.S. tax law.  Prepare the reading assignment in Unit 1.

Federal Indian Law (Kronk Warner)
David H. Getches, Charles F. Wilkinson, Robert A. Williams Jr. & Matthew L.M. Fletcher, Federal Indian Law (6th ed. West 2011), pp. 8-29

Immigration Law (Yuille)
Visit the Blackboard site, where you can view a welcome announcement and find the following tasks:

  • Review the Syllabus. Your participation in the course requires you to sign a copy of the syllabus (provided on the 1st day of class) to acknowledge that you received, read in their entirety, understand, and agree to the information and policies explained in the course syllabus, with an emphasis on the information provided under the headings “Learning & Teaching Methodology” and “Assessment.”
  • Take the timed Knowledge Quiz.
  • Complete the reading and answer the questions in Immigration Priorities, a handout available under Course Documents. Submit your very brief answers via Assignments.

International Trade Law (Bhala)
Please pick-up syllabi from table outside room 203.

Monday, August 29:  

  • Watch YouTube Video 
  • International Trade LawVolume I: Preface, Introduction, and Chapters 1-2 

Tuesday, August 30 and Tuesday, September 6: 

  • International Trade LawVolume I: Chapters 3-7

Islamic Law (Bhala)
Please pick-up syllabi from table outside room 203.

Monday, August 29 and Tuesday, August 30: 

  • Understanding Islamic Law (Sharī‘a): Preface, Notes on Manuscript Preparation, Introduction: Ten Threshold Issues, and Chapters 1-3 
  • Watch YouTube video​ 

Jurisdiction (Sward, Six)
For Thursday, Aug. 25, 2016, please read pages 75-89 in the casebook and complete the case reading assignment on Blackboard. In addition, please read the syllabus carefully. The case reading assignment is a required ungraded assignment, as described in the syllabus.

Juvenile Law (Sheldon)
August 29: Introduction to the Legal and Philosophical Basis to the Juvenile Justice System

Please read:  

  • Casebook: Chapter 1 (pp.1-2), Chapter 9 (pp. 913-918)
  • Kansas Code for Care of Children: Section 38-2201, Section 38-2209, Section 38-2210, Section 38-2211, Section 38-2212, Section 38-2213, Section 38-2247                                                                    
  • Kansas Juvenile Justice Code: Section 38-2301, Section 38-2309, Section 38-2310, Section 38-2311, Section 38-2312, Section 38-2325, Section 38-2326, Section 38-2353
  • Juvenile Justice Authority: Section 75-7001 et seq. (briefly look through the Act)

Kansas Supreme Court Research Practicum (Steadham)
Prior to our first class meeting, please register for access to the online textbook at https://teachinglaw.com/. Please contact me with any questions (csteadham@ku.edu). For the first day of class, please review the following modules on TeachingLaw.com: 

  • Research Sources
    • Introduction to Legal Research
      • The American Legal System
      • Overview of Primary Law
      • Overview of Secondary Sources
      • Citing to Research Sources
      • Overview of the Research Process
      • A Research Plan Example: From Start to Finish

Legal Aid Clinic (Schnug)
By Orientation (8/24 at 9 a.m.), please read the Legal Aid Clinic Manual, Sections 1, 3, and 4. An electronic copy has been emailed to students, or feel free to borrow a Legal Aid Manual from the clinic office. Also, please complete the Student Intro Sheet previously emailed and bring it with you to orientation.

Nonprofit and Tax-Exempt Organizations (Hopkins)
Please read: 

  • Textbook, Chapters 1-3
  • Sample articles of incorporation
  • Internal Revenue Code sections 501(a), (b), (c); 170

Practice in Kansas (Valdez)
There are no course materials to purchase. All course materials will be available on Blackboard.

Please review the first file folder, Chapter 1, called “Commencing A Civil Action” for the first week of class. It can be found under the Course Documents tab on Blackboard.

Special Topics: Appellate Advocacy (Mulligan)
August 30: Winning Brief §§ A–B, pp. 3–76; Plain English Chapter 1, pp. 7–23

Sports Law (DeLaTorre) 
On the first day of class, we will cover pp. 105-110 of the casebook (Mitten, Davis, et al., 3rd ed.). Please be ready to sign the seating chart on the first day of class.

Topics in Family Law (Peck)

  1. You can find the course syllabus on Blackboard.  
  2. The first two weeks will be spent on the subject of Parenthood. See page 4 of the syllabus for the readings in the course Supplement. For the first week, Aug. 29 & 30, please read the materials through Section I.D. (Protection of Fathers).
  3. The first day, I’ll describe the course and the various projects and deadlines. We’ll also begin the discussion of the reading material.

Torts I (Kautsch)
Initial readings in Prosser, Wade and Schwartz’s Torts: Cases and Materials (13th ed.)

  1. Monday, August 29 (first class, Room 127): Pages 1-15 in Chapter I. Development of Liability Based Upon Fault.
  2. Monday, August 29 (second class, Room 104): Pages 17-31, up to Sec. 2. Battery, in Chapter II. Intentional Interference with Person or Property.
  3. Tuesday, August 30: Pages 31-42, up to Sec. 4. False Imprisonment, in Chapter II.
  4. Wednesday, August 31: Pages 42-58, up to Slocum v. Food Fair Stores of Florida, in Chapter II.

Torts (Westebeke)
First-day assignment (for both class periods): read pages 1-25, Prosser, Wade & Schwartz, Cases and Materials on Torts (13th edition, 2015).

Trusts and Estates (DeLaTorre) 
On the first day of class, we will cover pp. 41-50 of the casebook (Dukeminier and Sitkoff, 9th ed.). Please be ready to sign the seating chart on the first day of class.

Water Law (Peck)

  1. You can find the course syllabus on Blackboard. 
  2. For the first week, Aug. 29 & 30, from table beginning on p. 3 of the syllabus, please read the casebook pages through the sections on "In General" and "Hydrology' and the accompanying Supplement pages.

Writing for Law Practice (Rosenberg)

  1. Read: Fajans, et al., "Writing for Law Practice,"" Introduction, vii-xi
  2. Read: Evan Schaeffer, "Write Better Legal Documents With an Editing Checklist" (April 15, 2016) on The Lawyerist
  3. Read: Cari Twitchell, How to Turn Lawyers Into Better Writers" (Feb. 11, 2016) on The Lawyerist
  4. Critique the memo according to the following instructions.
  5. Check Blackboard for attachments.


Academic Calendar

Elizabeth Kronk Warner
Associate Dean for Academic Affairs
Professor of Law

Vicki Palmer

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