Curriculum

This course is designed to introduce distinctive aspects of the U.S. legal system. The goal is to learn how law is found, made and changed in the U.S., rather than to focus on any particular area of law. The objective is to learn largely through assuming the role of a lawyer resolving a practical client problem with U.S. legal sources, methods and institutions. The course is organized by various sources of law: common law; statutes and regulations; constitutional law and case law; and interpreting and applying enacted law. In addition, the jury trial and the importance of procedure are covered. In each subject, the class formulates what appears to be distinctive in the U.S. system.

Offered: Summer, Fall, Spring

This skills course introduces students to a variety of concepts related to the practice of law, including: gathering information and working with clients; researching and finding answers to legal questions by locating, reviewing, and synthesizing pertinent authority; performing a predictive legal analysis by employing analogical reasoning techniques; providing effective advice in a structured piece of professional legal writing; negotiating a settlement of a dispute with opposing counsel; working with legal forms and transactional documents; and performing a thorough critique of a third party’s legal writing. Students will learn these concepts through a combination of live and asynchronous coursework, and students will also learn how to locate, update, and evaluate varied sources of law through complementary exercises in a major legal research platform. In addition to responding to written prompts in the asynchronous lecture series, students will complete four major assignments in the course: the aforementioned research module; a predictive research memorandum; a transactional document (settlement agreement); and a group presentation of a legal writing critique. The class will be graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).

Offered: Summer, Fall, Spring

This course is designed to introduce students to U.S. contracts. The course will be run using the Socratic method. Students are expected to participate in class discussions and will be called on at random. In addition to learning principles behind U.S. theories of contractual obligation, the course is intended to provide instruction in “how to succeed” in a US law school class. Each week will include one session per week of detailed review of the week in class, focusing on strengthening academic skills necessary for effective participation and course management.

Offered: Summer, Fall

This course is designed to introduce foreign-trained lawyers to the process of U.S. civil litigation, focusing on such topics as the choice of court, the sequence of events in pre-trial and trial practice, and the effect of judgments. In addition, the course is intended to provide students with the skills necessary to read and analyze American judicial decisions and statutes. Besides lecturing, the instructor uses class discussions to teach the material, so students are expected to participate in the discussions and will be called on at random. As a result, students need to be fully prepared before each synchronous (live) class.

Although the course is designed for foreign-trained lawyers, students in the MLS program who are candidates for the litigation concentration are welcome to take the course with prior approval. It helps to have some familiarity with litigation prior to taking the course, but that is not a prerequisite.

Offered: Fall

This course is part of the Online LLM curriculum. The goal of this course is to help students understand and resolve the ethical dilemmas that practicing lawyers face in the United States. Among the subjects that the course will examine are the nature and types of lawyer regulation, client-attorney relationships, confidentiality rules, conflicts of interest, duties to courts, adversaries and third parties, client solicitation and billing, and access to legal services. The course will use as its foundational rules the American Bar Association’s Model Rules of Professional Conduct and will also consider ethical duties arising under common law and other sources of authority. Most of the classes will focus on the skills of identifying and solving the ethical dilemmas lawyers face in practice and on the professional values of providing competent legal representation, improving the legal profession, and promoting justice and fairness. Regular class attendance and participation are required.

Offered: Summer, Fall

This course will serve as an introduction to the law governing business associations. State law typically controls the formation, operation, and governance of business associations in the United States. The course begins by analyzing the law governing the formation and operation of the most basic forms of business relationships: those between employer and employee and between partners. The bulk of the course will then focus on the law applicable to corporations: the most specific, detailed, and well-developed body of law applicable to a particular form of business association. The final week will consider the more recent form of the limited liability company and compare and contrast it to the more detailed set of rules applicable to corporations. In the United States, the state of Delaware is the leading source of corporate law. Thus, the course will focus primarily on Delaware law. However, we will also be looking at the Model Business Corporation Act, which serves as the basis for the corporate law in a number of other states, as well as court cases from a number of other states as well. Given the disparity in law across states, lawyers in the real world must carefully study the law of the particular state in which a business is operating before providing any advice to clients.

Offered: Summer, Spring

Cross-border business transactions are the mainstay of the modern global economy, and very few transactions can be negotiated or performed without due consideration of implications that may arise in such an international environment. Accordingly, understanding of the legal aspects of private transactions carried out across national borders can be indispensable to the modern legal practice. This three unit course will provide a survey of such issues, including transnational sales, cross-border operations (including branch offices and subsidiaries), international business combinations (including mergers and joint ventures), and the role of international law (including treaties and international organizations such as the WTO and IMF). A series of problems will be used to explore the dynamics of planning, negotiating, creating and executing cross-border transactions. The course grade will be based on an in-classroom final examination, which will consist primarily of short essay questions, and class participation. The final will be open book. Although not required, it would be helpful to have taken or be taking International Law.

Offered: Fall

The course will emphasize learning the skills of negotiation by simulations, lectures, and exercises in which students will negotiate and watch their classmates and experts negotiate. Class members will conduct at least three negotiations during the course – a sales contract, a retainer agreement between an attorney and a client, and a complex multi-party dispute. In addition to the simulations and discussion of the readings, there will be instruction on drafting agreements and individualized advice about further steps to improve negotiation skills.

Offered: Fall

An examination of real and personal property, the estate concept, some of the problems of landlord and tenant law, future interests, easements and legal principles of property law as they apply to the use of property in our society.

Offered: Summer

This course is a survey of intellectual property law in America. The course addresses the legal regimes of copyright, patent, trademark, trade secret, and the right of publicity. Through a study of legal doctrine in these regimes, students learn to better distinguish the different types of intellectual property from one another.

Offered: Spring

This course will examine federalism issues under the Constitution, including judicial review, the commerce clause, separation of powers, and intergovernmental immunity. We will address fundamental questions such as the nature of a constitution, the foundations of judicial power, the forms of judicial review, the role of courts in different types of political systems, the institutional design of constitutional courts, and the evolution of constitutionalism on a global scale. We will pay particular attention to the development of the Fourteenth Amendment’s liberty and equality guarantees, and discuss the appropriate roles of text, structure, history, and prudence in constitutional interpretation. In discussing these questions, we will examine how political and social change has influenced the resolution of constitutional disputes and how non-judicial actors, as well as courts, have constructed constitutional meanings.

Offered: Summer

This course is designed to introduce students to U.S. employment law including laws, rules and regulations related to types of employment, hiring and firing practices, prohibited discriminatory practices, employee wages, hours and benefits requirements, and various governmental processes and procedures. This course is an experiential course in which students will have multiple opportunities to apply legal theory to practical, real-life settings.

Offered: Spring

This course will be an exploration of the law of torts. We will analyze arguments for and against holding persons liable for intentional acts, negligent acts, injuries to the person, and injuries to property. We will critically examine the theories of intentional torts, negligence, strict liability, vicarious liability, and other doctrines, studying the rules and principles that govern these areas of the law. The class will be graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).

Offered: Fall

What causes companies to break the law? How do we incentivize them not to? Who should we blame when they do? These are the core questions of corporate compliance and the focus of this class. Rather than reading several court decisions, this class will work primarily from case studies of recent compliance failures. Our goal will be to study what went wrong at the company level and whether the relevant laws are effectively designed to prevent the misconduct. We will also cover theories of regulatory enforcement and punishment. This course will be interesting for those considering compliance positions as well as those interested in regulatory agency and corporate defense practice.

Offered: Summer

Legal Research Demystified builds upon the practical legal research skills introduced to you in your Legal Research and Writing course. This is an advanced legal research course. In this 1.5 credit course you will receive the opportunity to gain an in-depth working knowledge of legal research methods and resources. The primary goal is to enable students, both now and later in their professional lives, to map out a coherent plan of action when asked to research a topic previously unfamiliar to them. Each week, we will examine different research topics through the lens of a legal practitioner. You will learn how to navigate the modern legal landscape and how to best utilize AI-powered practice tools in Westlaw, Lexis+ and Bloomberg Law. You will also learn how to identify free legal resources on the internet and get introduced to valuable timesaving and cost-effective research strategies. The course is graded on a credit/no credit basis.

Prerequisite: Legal Research and Writing

Offered: Spring

This course will focus on two of the main alternative dispute resolution methods used in the United States and in international scenarios when approaching conflict. The first part will concentrate on arbitration, delivering a full overview of the nature, process, and enforcement of this dispute resolution method, emphasizing in key points related to successful arbitration clauses both locally and internationally. The second part of the course will address mediation, providing training to students that will be representing clients, negotiating on their behalf or acting as mediators, important tools to seek for relationship-structuring agreements as an alternative to litigation. In the two sections students will have the opportunity to understand basic concepts and test them via practical exercises.

Offered: Spring

This is an introductory course designed to expose students to a wide variety of topics related to immigration law and practice. Students will learn about nonimmigrant (temporary) and immigrant (permanent) visas and status, as well as grounds of inadmissibility and deportability. We will also discuss humanitarian immigration such as asylum law, as well as immigration court procedures, citizenship, and naturalization. We will use hypothetical potential clients to analyze how we might best help them as counsel.

Offered: Summer

In this course you will be exposed to basic concepts in substantive criminal law. We will begin the term by exploring the basic elements of crimes, which include actus reus, mens rea, and causation. With this groundwork complete, we will examine the requirements for specific crimes. We will conclude the term by examining various defenses to criminal conduct. The class will be graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).

Offered: Fall

This course will focus on the fundamental principles of privacy and cybersecurity. Privacy topics covered will include: (a) why privacy matters; (b) fundamental privacy principles which find implementation in a wide range of privacy laws; (c) scope of “privacy law;” (d) U.S. Federal privacy laws (including HIPAA, COPPA, GLB, FCRA); (e) key State privacy laws (including CalOPPA, Massachusetts’s Data Security Regulation, and overview of breach notification laws); (f) overview of foreign privacy regimes, with a particular focus on European Union’s evolving privacy laws; (g) restrictions on, and methods to accomplish, trans-border data transfer in light of varying laws (e.g. Privacy Shield, Model Contracts); and (h) key enforcement bodies and selected enforcement decisions. The cybersecurity discussion will focus on a non-technical overview of key cybersecurity concepts and principles. Topics covered will include: (a) definition and key components of “security” in accordance with current best practices; (b) overview of common attack vectors; (c) overview of types of available security controls; (d) discussion of key non-technical security measures; and (e) integration of these principles into existing and prospective legal frameworks.

Offered: Spring

When addressing cross-cultural conflict, effective dispute resolution methods include additional elements than those used in intra-culture adjudicatory and consensual processes. Through a harmonic integration of legal, sociological, psychological, and neurological concepts and findings, this course is designed to equip students with valuable tools that will allow them to choose suitable pre-dispute methods for solving eventual future cross-cultural controversies as well as to effectively approach conflict situations involving individuals from diverse cultures and backgrounds (including scenarios of gender, religion, and race diversity). Key issues discussed within the course will increase the Cultural Intelligence (CQ) empathizing power of professionals that will be involved in diverse conflict resolution, whether as parties, advisors, counselors, adjudicators or facilitators. The course combines preparation of assigned readings as well as free research on punctual issues related to cross-cultural dispute resolution. Skill-enhancing practical exercises will allow participants to test and apply knowledge acquired in class sessions.

Offered: Summer

This course introduces students to some of the most important legal issues related to public education in the United States. Topics include the constitutional rights of students and teachers, school financing, and equal opportunity in education. This course will consider both the constitutional and statutory sources of law as it relates to education. The class will be graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).

** Not currently offered

This course will focus on legal issues typically encountered by small and growth-oriented businesses including: formation and initial structuring, raising capital, tax issues, intellectual property protection and employment issues. Primary focus will be on representing high-growth tech companies but much of the lessons will be applicable to small businesses of all kinds. The class will be graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).

Offered: Spring

This course is designed to familiarize students with some aspects of the law relating to payments and secured transactions. The majority of class time will be spent working through casebook problems that require an application of Uniform Commercial Code provisions to particular fact situations. Articles 3, 4, and 9 of the Uniform Commercial Code will be the principal focus of the course. The largest portion of the course will be devoted to Article 9, which covers secured transactions. The remainder of the course will cover Articles 3 and 4, which govern the checking system, and we will also cover the federal law that governs credit and debit card transactions. Attendance and preparation are required. The final grade will be based on a single three-hour final exam.

Offered: Fall

In today’s rapidly evolving technological landscape, understanding the transformative role of artificial intelligence (AI) in legal practice is essential. You will learn to skillfully navigate the modern legal landscape and effectively utilize AI-powered legal practice tools. Additionally, the course will introduce valuable, time-saving, and cost-effective research strategies. The primary goal is to empower students, both now and later in their future careers, to confidently map out a coherent plan of action when asked to research a legal topic previously unfamiliar to them. Each week, we will examine different research topics through the lens of a legal practitioner. AI instruction is thoughtfully integrated into the curriculum, complementing rather than replacing fundamental legal research tools. The course is graded on a credit/no credit basis to ensure a focus on mastery and practical application of advanced legal research techniques. This 1.5 credit advanced course is designed to elevate your legal research skills, building on the foundational knowledge acquired in the Legal Writing and Analysis course.

Offered: Fall

After completion of this course, students will have gained practical legal skills, including application of legal research and writing methods and a deeper understanding of substantive law through a written research paper of at least 30 pages in length, double-spaced. In doing so, students will apply all aspects of legal research and writing to an approved legal issue, which will not only hone students' legal research and writing skills but expand their knowledge of the selected legal topic.

Offered: Summer, Fall, Spring

Students must seek approval to register for the course and set up an externship 6-8 weeks prior to the start of the term. After completion of this course, students will have gained practical legal skills, including application of legal research and writing skills and substantive law to actual legal work. In doing so, students will: (1) Apply doctrine, theory, skills, and legal ethics to their field placements; (2) Perform practical professional skills in a real-world legal environment under the supervision of lawyers or other professionals; and (3) Evaluate their accomplishment of the goals and skills learned during the field placement. The course requires 135 hours total. 120 are earned in the placement, while the remaining 15 are earned through meetings with an advisor, time spent setting up the externship, and complying with the record-keeping, such as time logs, weekly journal entries and a 5-page capstone paper at the end of the term.

Offered: Summer, Fall, Spring

This advanced course in AI Law explores the multifaceted legal challenges arising from the rapid evolution and widespread deployment of artificial intelligence. Building on a foundational understanding of AI technologies, we will examine significant legal issues including algorithmic bias and antidiscrimination law, privacy and data protection, intellectual property in AI systems, product liability in autonomous technologies, and consumer protection against deceptive AI practices. Special attention will be given to the unique challenges posed by generative AI, such as criminal misuse, misinformation, and alignment with human interests. The course adopts a comparative approach, analyzing diverse regulatory frameworks including the European Union's comprehensive AI Act, emerging approaches in the United States, and China's distinct regulatory model. By critically engaging with these evolving legal regimes, students will develop the analytical and practical skills necessary to navigate and influence the dynamic field of AI law. Attendance and active participation are essential. Please note that laptop computers are not permitted in class. Assessment will be based on class participation (20%) and a blindly graded final exam (80%).

Course description coming soon.

UCC Article 2: Sale of Goods is a very practical business-oriented class that uses the problem method to explore the law surrounding the sale of goods under UCC Article 2. This course would be particularly useful for anyone whose business is involved in buying or selling goods or for anyone who would like to learn more about this critical area of our economy. In addition to the law being taught, the course provides students with an opportunity to learn how to read and apply a statute to solve real-world legal problems. The asynchronous material for the course will include a mix of new assignments, summary highlights from earlier assignments, and dozens of practice questions with detailed model answers. The course will be taught by Professor Daniel Keating, a chaired professor at the law school who has taught this course for almost 40 years. He is the author of the widely adopted casebook that will be used for the course, and that casebook is now in its 8th edition. Professor Keating has twice been voted by his students at Washington University as Professor of the Year, and he is also a recipient of the University’s Distinguished Faculty Award.