Advanced International Trade Law (Bhala)
For both 25 and 26 January:
(1) Review Syllabus (distributed via email)
International Trade Law Textbook (5th edition, 2019),
Volume III, Chapters 1-9
Advanced Legal Research
For Wednesday, January 27:
Students should purchase the online, interactive textbook TeachingLaw.com: Legal Research & Writing (go to https://teachinglaw.com/ and click on “Add this book to my shopping cart”). If you have questions or difficulty purchasing, contact email@example.com or TeachingLaw.firstname.lastname@example.org.
From the TeachingLaw.com: Legal Research & Writing homepage, select the “Research Sources” category and read the first section entitled “Introduction to Legal Research” (including the following subsections: 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). Our first class meeting will include discussion of the assigned readings and an overview of the course syllabus.
Alternative Dispute Resolution (McCauley)
Read the following:
1. “Arbitration Basics” (McCauley Bar Association Presentation, 2019)
2. “Who Owns the Orange”
3. The following 40 pages of the Stephen Ware Book:
Section 1.5, “Definition of Litigation and ADR”
Section 1.6, “Introduction to Major ADR Processes”
Section 1.7, “ADR Requires Contract to Be Binding”
Section 3.5 (a)-(f), “Valuing a Case”
Sections 3.7 – 3.13 “Negotiation Theory”
Sections 3.26 – 3.30 “The Problem-Solving Approach”
Be Ready to Discuss:
1. How is Arbitration different from Mediation? How is Arbitration different from Litigation?
2. You plucked the Orange and want to keep it...badly. Your neighbor, who grew the orange, wants it too. The Orange is in cold storage while you work out your dispute. What steps do you take to resolve the dispute? If you litigate, how will the court go about resolving it? If you arbitrate, how will the arbitrator go about resolving it? If you mediate, how will the mediator go about resolving it?
Casebook 1-19 problems 1.1, 1.2 and 1.3
Comparative Law (Head)
Comparative law. Students enrolled in the course should have received information about the first week of classes from Mr. Head. If not, please contact him at email@example.com. Discussions in the first few class sessions will revolve around the material in Chapter 1 of Great Legal Traditions, the text for the course.
Contract Drafting (Sears)
Class 1 - January 27, 2021
Reading Assignment from Drafting Contracts: How and Why Lawyers Do What They Do (2nd ed. 2014) by Tina L. Stark
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.
Submit time sheet as described in Syllabus by 10:00 a.m. on January 26, 2021.
Complex Litigation (Hines)
For Wednesday, January 27th, please read pages 1-14 in the Mass Tort Litigation textbook.
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, tattoos to sitcoms.
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; everything you need is freely accessible for you and is either loaded to the TWEN course page or linked from within the syllabus. The casebook is Copyright Law: Cases and Materials (v. 2.0) 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 several 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. 26): 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.
Here is the information for joining the class as a Zoom meeting:
Join Zoom Meeting
Meeting ID: 973 3002 0182
One tap mobile
+13462487799,,97330020182# US (Houston)
+16699006833,,97330020182# US (San Jose)
I am looking forward to exploring with all of you how copyright law works, and where it fails, in a digital age.
Corporate Finance (Harper Ho)
Our casebook is Carney, William J., Corporate Finance: Principles and Practice (Foundation Press, 3d. ed. 2014). There is a 4th ed. of the casebook, but we are NOT using that version – the 3d ed. should be cheaper as well. We will also be using Top Hat Pro (www.tophat.com) for attendance and class participation. Please register using the email you will receive and also consult the instructions on Blackboard (Course Materials – Getting Started) about Top Hat. The syllabus and all course materials for the first 2 weeks are available on Blackboard.
The assignment for Tue. Jan. 26 is: 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 2016), pp. 1-2; Excerpts from Brealey, Myers & Allen ("BMA"), pp. 2-5, 8-10, 721 (located in the folder for today's class on Bb); SKIM: SEC Guide to Financial Statements.
Because this semester’s course is scheduled for 2 1.5 hr. sessions rather than 3 55 min. sessions, I recommend you also read the assignment for Session 2 as well, since we will begin it on Tue. and finish on Thurs. – the same is true for later weeks (i.e. read 2 assignments for Tue. and 1 new one for Thurs.).
Financial Statement: The Balance Sheet. Carney pp. 11-18, Quick Check 2.1 on p. 10E-Supp: John Lawyer Balance Sheet question; Robert J. Rhee, “T-Accounts,” in Essential Concepts of Business for Lawyers (Wolters-Kluwer 2016), pp. 107-110; OPTIONAL: William D. Duhnke III, “Testimony by PCAOB Chairman William D. Duhnke before the House Committee on Financial Services,” HLSCG, Jan. 17, 2020; begin Alphabet Quarterly Report exercise.
Deals (Harper Ho)
- Read Bowers Ch. 2 (Facts); Ch. 3 (Attorney-Client Engagement Letter).
- E-Supp.: "M&A - 2019," HLSCG Jan. 15, 2019; Model Rules of Professional Conduct 1.6-1.10, 1.13; SKIM: Richard E. Climan et al., "Negotiating the Acquisition of a Privately-Held Business: Some Basic Issues and Principles," ABA 24th Annual Nat'l Inst. On Negotiating Bus. Acquisitions, 2019, Sec. A; Annotated form engagement letter (Polsinelli); App. A Bowers Modifications (Dramatis Personae)
Assigned Textbook: Stacey Bowers, Corporate Drafting: A Practical Approach (West 2015) (“Bowers”).
Supplemental Materials (“E-Supp.”): Additional required materials for this course will be posted electronically via Blackboard. Please be sure to access the course’s Blackboard page regularly.
NOTE: A makeup class is scheduled for Friday, Jan. 29 3:35 p.m. via Zoom. All sessions meet synchronously on Zoom.
Elder Law Field Placement Program (Harp)
Class topic: Ethical issues in representing seniors
Reading: Elder Law, Chapter 2 (The problems/Hypotheticals are not assigned.)
Employment Law (Rosenberg)
For the first classes, please read the items listed at III. A. 1 & 2 on the syllabus. "Crain" refers to Work Law, our textbook. Supplemental readings are posted on Blackboard on the Supplemental Readings tab.
-Readings on English labor acts following the Black Death (Blackboard)
-Crain, 6-31, 42-45
-Crain, 47, 57-80
-Lemmerman v. A.T. Williams Oil Co. (Blackboard)
-Donovan v. DialAmerica Marketing (Blackboard)
-Supplemental reading from N.Y. Times on Cal. Prop 22 (Blackboard)
Extended Bar 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. Be prepared to discuss these concerns and demands in class.
First Amendment Advocacy (Kautsch)
See Blackboard for assignment
Global Data Protection Law (Fey)
Assignment and Reading/Viewing for January 25, 2021 Global Data Protection Law Class
Hello, everyone. I hope all of you are having a great break. I am really looking forward to meeting and getting to know each of you this semester. 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. Please come to the first class, and every class thereafter, ready to actively participate in our discussions. Here is the assignment and reading/viewing I would like you to complete in preparation for our first class. My primary goal for this first class is to get all of you thinking more about the importance of data protection and privacy.
“The Rapid Evolution of Data Protection Laws” from The International Comparative Legal Guide to: Data Protection 2019 (Chapter 1 only (pp. 1-4)).
Ian Bogost, “Welcome to the Age of Privacy Nihilism.” The Atlantic. 23 August 2018. https://www.theatlantic.com/technology/archive/2018/08/the-age-of-privac...
Liz Mineo, “When It Comes to Internet Privacy Be Very Afraid Analyst Suggests.” Harvard Gazette, 24 August 2017. https://news.harvard.edu/gazette/story/2017/08/when-it-comes-to-internet...
Shoshana Zuboff, “Surveillance Capitalism.” VPRO. YouTube, 20 December 2019. https://www.youtube.com/watch?v=hIXhnWUmMvw
Project to Complete before First Class
- Pick two companies that have collected data from or concerning you (ideally, two companies whose approaches to data collection, usage, transfer and privacy would be interesting to compare and contrast), and request each of those companies 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 from each company in time for the first class (or pick different companies).
- Our class discussion will be more interesting if there are a variety of different companies chosen. When you request your data from each company, 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 others. That will make for a more interesting discussion.
- What’s App
- Microsoft (X-Box or other gaming platforms)
- Epsilon Data Management
- Review the data that has been collected by each of the companies about you and each of the companies’ privacy policies.
- Come to class prepared to discuss and to compare and contrast:
- The types of personal data each company has concerning you;
- Each company’s data collection, usage and transfer practices, and each company’s privacy practices (including its data sharing practices);
- The ease or difficulty of obtaining access to your personal data from each company;
- What surprised you most (or that you think would most surprise others) about each company’s data collection and privacy practices;
- Your opinions on each company’s data collection and privacy practices (including its data sharing practices); and
- Your views on rights that data subjects (like you) should have.
On or before Saturday, 1/23, at noon, I would like each of you to email me a document with three paragraphs: (1) In the first paragraph, you should set forth key things you learned from this project concerning how each of the corporations you selected use and share personal data; (2) In the second paragraph, you should discuss the three things that most surprised you about the personal data practices of the companies you selected (or, if nothing surprised you, three things you think are likely to surprise others); and (3) In the third paragraph, you should address your views on whether and to what extent data protection and privacy is important for our society (and why you feel the way you do). Your work on this first project, along with your contributions in class concerning this first project, will be worth 10% of your grade in our class. Look forward to meeting all of you soon. In the meantime, please feel free to reach out to me at firstname.lastname@example.org with any questions.
Healthcare Regulation (Collier)
Higher Education and the Law (Landsberg)
Textbook-Higher Education and the Law (2d ed), Areen and Lake, 2014 Foundation Press, read pages: 6-8, 78-81, 1067-73.
International Commerce and Investment (Head)
Students enrolled in the course should have received information about the first week of classes from Mr. Head. If not, please contact him at email@example.com. Discussions in the first few class sessions will revolve around the material in Chapter 1 of Global Business Law, the text for the course.
Introduction to Constitutional Law (McAllister)
Tuesday, January 26th
8:10 - 10:00 a.m.
Burge Union, Room 1020 D
- Please read carefully and in detail pages 3 – 23 of the casebook. This is the document on which our Nation is based, and which you will be studying all semester.
- I will post the syllabus on Blackboard and/or try to make it available by other means in advance of the first day of class. Worst case is that I will have paper copies on January 26.
- Be prepared to sign the seating chart on January 26.
- I hope you are ready to study, learn and question our Nation’s founding document, and importantly the Supreme Court decisions interpreting it. I ask that you bring an open mind, an extremely inquisitive nature, a tolerance for differing opinions on fundamental and important issues, a high level of civility and respect, and a commitment to pursue with diligence this fascinating and challenging subject. I will tell you up front that I do not attempt to persuade or influence you to think in any particular way about constitutional law – that is something you have to decide for yourself, but I hope you will do so after careful consideration, study and thought.
- My primary goals are twofold: (1) to teach you the black letter law, types of thought and analysis, and the ability to read and digest Supreme Court opinions so that you have a firm understanding of current constitutional doctrine and (most importantly) will pass the bar exam of your choice; and (2) to instill in you the ability and willingness to think for yourself on the fundamental and foundational issues that arise in the area of constitutional law. That said, with respect to goal (2), I hope to convince you to be open, thoughtful and respectful of opinions that may differ from your own instincts. That is all – I am not a preacher, I am a teacher.
Islamic Law (Bhala)
For 25 January:
(1) Review Syllabus (distributed via email)
Understanding Islamic Law (Sharī‘a) (2nd edition, 2016)
Notes on Manuscript Preparation,
Introduction: Ten Threshold Issues,
and Chapters 1-3
Lawyering Skills II (Keller) (Watts) (Six) (Rosenberg)
Will be posted on course Blackboard site
Mergers and Acquisitions
Introduction (January 28th)
Moot Court Competition (Keller)
Will be posted on course Blackboard site.
Oil and Gas Law (Brock)
read Pages 2-10 and Pages 56-66 from the Required Text Book,
Lowe, Anderson, Smith, Pierce, Kulander & Ehrman, Cases and Materials on Oil and Gas Law (West, 7th ed. 2018).
Product Liability (Carpenter)
Assignment is posted on course Blackboard site
(1) Please read thoughtfully pp. 1-8 of Chapter 1, The Concept of Property, in Sprankling & Colletta, Property: A Contemporary Approach (4th ed)
(2) Please retrieve Freyfogle & Karkkainen, The Institution of Private Ownership: Introductory Essays (2013) (available free for download at: https://ssrn.com/abstract=2310181) - read thoughtfully 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”)
Come to the first class prepared to discuss at least two specific insights or points of interest raised in the reading. (Note: Mondays are online, access link to follow).
Real Estate Finance (Hickey)
Login to Blackboard. Read the announcement and follow the instructions contained therein.
For Wednesday, January 27th, please read pages 1-15 in the Modern American Remedies (Concise 5th edition) textbook.
Securities Regulation (Platt)
Read pages 1-22 of our casebook, STEPHEN J. CHOI & A.C. PRITCHARD, SECURITIES REGULATION: CASES AND ANALYSIS (5th ed.).
Taxation of Business Enterprises (Shipman/Mazza)
· Schwarz, Lathrope & Hellwig, Fundamentals of Business Enterprise Taxation: Cases and Materials (7th ed. 2020)
· Current Code and Reg volume (2020-2021 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 Blackboard.
ASSIGNMENT FOR FIRST CLASS:
· Purchase the required materials from the bookstore.
· Download Part I of the Syllabus from Blackboard. [Part II of the Syllabus, covering S Corporations and Partnerships, will be posted later in the semester.]
· 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.
Please read the syllabus and pages 1-9 in the casebook. Answer questions 1 and 2 on pages 6 and 7. Read over the remaining questions on pages 8 and 9.
Trusts and Estates (Drahozal)
For the first day of class, read pages 1-11, 22-27 in the Gallanis casebook.