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Litigation & Procedure

The following courses are available for those interested in business, law and economics:

 

Advanced Criminal Procedure

Advanced Legal Research

This course provides an overview of legal research that makes the transition from law school to law practice easier and more productive. Students explore the history of legal materials and examine the structure and use of various research tools, including all types of research books and systems, from the earliest nominative reporters to the newest online databases.

Alternative Dispute Resolution Process and Policy

This seminar introduces alternative dispute resolution (ADR) procedures, looks at how best to counsel clients in choosing the appropriate dispute resolution method, and critically examines the policy questions posed by various ADR methods.

Appellate Advocacy

This course is designed to improve written and oral advocacy skills at the appellate level. It focuses on working with a factual record and on the analysis and creative use of legal authorities.

Civil Justice Reform Seminar

Civil Procedure II

This course covers allocation among courts of authority to try cases — including issues of jurisdiction (constitutional and statutory) with respect to parties, venue, transfer of venue, and forum non conviens — and issues of subject matter jurisdiction, principally federal. Also covered is the doctrine of Erie Railroad v. Tompkins, dealing with the application of state law in federal courts.

Complex Civil Litigation

This course provides students with a window into cutting-edge issues and exposure to practical challenges presented in dealing with these complex cases. The subjects include jury persuasion, the use of jury consultants, class action issues, and the use and misuse of experts.

Conflict of Laws

This course examines the choice of law, jurisdiction, recognition of judgments, and extraterritorial application of law. Emphasis is placed on theoretical and practical problems of choice of law.

Evidence

This course offers a study of the basic problems in evidence law through analysis of the Federal Rules of Evidence, case law and problems. Topics include relevance, trial process, competency and examination of witnesses, hearsay and other rules of exclusion, and lay and expert opinions. Discussion includes allocation of decision-making authority between judge, jury and adversaries, and between trial and appellate courts.

Evidence Advocacy

This course presents the application of evidentiary rules and principles of trial practice through actual courtroom experience. Students work with a variety of hypotheticals and prepare and execute direct examination, cross-examination, opening statement and closing argument.

International Civil Litigation

This course provides an introduction to the civil procedure issues that arise in American courts when international matters are involved. It examines how international parties, events and laws may (or may not) alter the manner in which American federal courts handle initial civil procedure issues and how factors such as the separation of powers, federalism and American notions of due process and trial litigation may affect the resolution of international disputes. Topics unique to international litigation, such as the Act of State doctrine, the Foreign Sovereign Immunities Act and international conflicts of law, are also covered.

Interviewing and Depositions

This course gives students an orientation to, and some practice in, the basic skills required for both litigation (short of trial) and transactional law practice. A combination of lectures, demonstration videotapes and simulation exercises are used to prepare students for working with clients. Students learn communication skills, interview and counsel clients, and negotiate on behalf of their clients.

Law and Culture of Group Litigation Seminar

How is group identity formed and maintained over time? How are social, cultural, economic and "incidental" groups and group members harmed? In what forms do groups seek legal redress as groups and how do legal remedies compare with cultural remedies? What assumptions about group identity and group harm are embedded in the procedures established for group litigation? There are a handful of the questions this three unit seminar is designed to address. Roughly the first half of the seminar is dedicated to exploring a range of literature in philosophy, political theory, cultural anthropology and sociology on the formation, maintenance, injury and accountability of groups. In the second half of the semester the course turns to standard doctrinal issues in complex litigation (including standing, intervention, class actions, and remedies). With respect to each issue we will examine the underlying legal framework and ask how groups and group harms are represented. We will also ask how courts frame the substantive and procedural rights of groups against the due process rights of individuals, the interests of judicial economy and the adversary system, and separation of powers concerns

Mediation

This practice-oriented course introduces the basic principles and methods of mediation in civil disputes. It covers the aims of mediation and the variety of approaches to it; preparation for mediation; the structure of a mediation session; mediation ethics, including problems of neutrality and confidentiality; and techniques for resolving bargaining impasses.

Negotiations

Primarily through simulation exercises and role playing, this course covers alternative approaches to negotiation and the requisite skills associated with each. Students negotiate mock problems based on a prepared set of facts. Among the topics addressed are preparation, including case evaluation and client counseling; tactics; communication skills; psychological barriers to conflict resolution; competitive versus cooperative styles and techniques; and ethical issues.

Pretrial Civil Litigation

This course is designed to acquaint students with pretrial litigation practice in typical civil commercial cases. It covers pleadings; written discovery; preparing for, taking and defending depositions; making and opposing motions; and oral argument of motions. Strategies, settlement considerations, client relations and other topics relevant to typical litigation practice are also discussed.

Pretrial Criminal Litigation

This course examines the fundamental structure of the criminal court system, from arrest to disposition. It focuses on the creative preparation of the criminal case for trial, including how to evaluate a criminal case and how to file pretrial motions that will maximize the likelihood of a fair disposition for the defendant. The course explores real-life aspects of criminal representation, including traditional and nontraditional courtroom techniques, and also promotes thoughtful discussion of the criminal justice system and the inherent abuses that predominate.

Remedies

Remedies is a practice-oriented exploration of the substantive and strategic issues associated with the remedies available to litigants in a variety of settings. The class explores provisional and permanent injunctive relief, declaratory relief, reformation, restitution, unjust enrichment, specific performance, the various measures of damages, attorneys' fees, and associated procedural issues and defenses.

Securities and Class Action Litigation

We will study major recent securities litigations, such as Enron, Waste Management and McKesson. We will also study the two major statutory schemes governing federal securities litigation, the Private Securities Litigation Reform Act of 1995 and Sarbannes-Oxley. We will study the roles of the major actors who are involved in securities litigation matters including companies, officers, directors, investment bankers, accountants and attorneys. Trial considerations and ethical issues facing practitioners in the field will be discussed.

The instructor is a practitioner in the area who has tried one of the few class actions which went to verdict before a jury.

Grading is based on a take home exam plus class participation. There are no prerequisites. Any 2L or 3 L may take this class.

Tort Stories Seminar

Note that this seminar will meet for half of the fall term and half of the spring term (see below for details).

Torts Stories is the title of a new book which presents the stories behind 10 famous torts cases, cases that are featured in all the leading torts casebooks. Written by torts instructors from across the country, these torts stories provide insights into the cases beyond what can be learned from merely reading an edited version of the appellate opinion. These stories are far different from the traditional doctrinal critique of a famous appellate opinion that one reads in law review notes and comments.

After an introductory meeting, the first half of this seminar will focus on a critical review and evaluation of these 10 torts stories. For each of the 10 classes devoted to this review, one student will provide a brief written critique of the story, one will role-play the author, and one will lead the class discussion of the story. Readings for each class will be (a) the full appellate opinion, (b) the Torts Story, and (c) the student critique.

Then, after discussions with the instructor and other members of the seminar, each student will select a torts case about which he or she will write a story. Those student-produced stories will later be read and critically discussed by students (in the second half of the seminar) in a format similar to that used for the chapters of Torts Stories.

The first half of the seminar will be held during the first part of the fall semester. The second half of the seminar will be held during the spring semester, thereby allowing students ample time to prepare their stories for class review.

If, after a student's story is critically reviewed by the rest of the class, a student further revises her or his story to the instructor's satisfaction, it will qualify for Writing Requirement credit.
Moreover, good student stories will be eligible for posting/publishing on the Web site that supports the book Torts Stories, where they may be read by students and faculty in law schools everywhere.

So as to facilitate the format described here, during the fall term the Torts Stories Seminar will meet for seven weeks, twice a week, for 75 minutes each time. Spring class meetings will also occur over seven weeks, with details to be arranged. This class will be offered only if at least 7 students enroll. Enrollment will be limited to a maximum of 12.

Trial Practice: Civil

This basic course in trial practice focuses on trial advocacy skills, including factual and legal preparation for trial, trial objection, introduction of demonstrative and real evidence, direct examination, cross-examination, examination of expert witnesses, opening statements, closing arguments, jury selection and courtroom communication skills. The heart of this course is student performance of trial problems that are videotaped and candidly critiqued.

Trial Practice: Criminal

This course is designed for students who are interested in trying criminal cases. The emphasis is on courtroom practice, although some written work is required. Areas covered include client interviews, initial stages of the criminal process, objections to evidence, preliminary hearings and pretrial motion hearing.