Course Schedule

Commercial Leasing: A practical perspective.

Whether you are a lawyer in a private law firm, in house counsel for a hospital, or a business owner operating a restaurant, you will likely come across a commercial lease at some point in your career. This practicum will guide students through real examples of lease negotiations, litigation strategies, and risk mitigation techniques. Students will review case law, learn how to analyze and draft lease provisions, discuss evolving real estate use in various market scenarios, and how to think outside of the box to complete the transaction. We will use recent developments in case law to develop a working checklist when analyzing a commercial lease.

Textbook: Commercial Leasing: A Transaction Primer, Third Edition

Commercial Leasing: A practical perspective.

Whether you are a lawyer in a private law firm, in house counsel for a hospital, or a business owner operating a restaurant, you will likely come across a commercial lease at some point in your career. This practicum will guide students through real examples of lease negotiations, litigation strategies, and risk mitigation techniques. Students will review case law, learn how to analyze and draft lease provisions, discuss evolving real estate use in various market scenarios, and how to think outside of the box to complete the transaction. We will develop a working checklist when analyzing a commercial lease and students will be assigned drafting and editing exercises both in class and as part of the final exam. 

This course will examine international and domestic treaties, statutes and regulations governing commercial spaceflight activities, including rocket launches, human spaceflight, satellites and exploration activities. Students will be provided the opportunity to explore the various U.S. government agencies that regulate commercial space activities, how domestic laws comply with international treaty obligations, and the means by which commercial companies provide services to US government and commercial customers.

This course focuses on Article Two of the Uniform Commercial Code, which governs sales (as opposed to leases or gratuitous transfers) of goods (as opposed to services or personal/real/intellectual property).  Sales used to be a required first-year course; later, it was incorporated into first-year Contracts; now it is often ignored, even though it has significant practical application in the real world and is tested regularly on the bar exam.  Essentially, Sales is an advanced course in Contracts.  We will cover the special Article 2 rules governing contract formation, modification and termination; the need for a writing; implied terms; warranty liability/privity of contract; risk of loss; title; performance and breach; and remedies.  To help you gain a working knowledge of Article 2, problems will be assigned for each class.

Overview: A nationally known, plaintiff’s commercial trial lawyer will provide students with an introduction to complex financial litigation, including claims arising out of financial fraud, Ponzi schemes, business mismanagement, and fiduciary self-dealing. Students will study the common types of financial litigation that are pursued by equity holders, creditors, and other victims of financial wrongdoing as well as litigation professionals, such as bankruptcy trustees, receivers, and foreign liquidators against fiduciaries (e.g., directors and officers), professional services firms (e.g., law firms and accounting firms), banks, and other participants in financial transactions. Although the course will focus on the plaintiff’s side of financial litigation, it will also cover common defenses and the strategies that defendants often utilize in such litigation. Students will review actual complaints and study real cases. Students will have to think strategically through real-world fact patterns, consider potential claims and defenses, develop litigation strategies, and learn how to think like practicing lawyers. In doing so, students will draw on the knowledge they have learned in a variety of other classes, including contracts, torts, civil procedure, business associations, bankruptcy, and remedies. Grading: Each student will be graded their written work product, which will include claims analysis. Course Materials: Course materials will be provided via Canvas. There is no textbook.

Overview:  A nationally known, plaintiff’s commercial trial lawyer will provide students with an introduction to complex financial litigation, including claims arising out of financial fraud, Ponzi schemes, business mismanagement, and fiduciary self-dealing. Students will study the common types of financial litigation that are pursued by equity holders, creditors, and other victims of financial wrongdoing as well as litigation professionals, such as bankruptcy trustees, receivers, and foreign liquidators against fiduciaries (e.g., directors and officers), professional services firms (e.g., law firms and accounting firms), banks, and other participants in financial transactions.

Although the course will focus on the plaintiff’s side of financial litigation, it will also cover common defenses and the strategies that defendants often utilize in such litigation. Students will review actual complaints and study real cases.  Students will have to think strategically through real-world fact patterns, consider potential claims and defenses, develop litigation strategies, and learn how to think like practicing lawyers. In doing so, students will draw on the knowledge they have learned in a variety of other classes, including contracts, torts, civil procedure, business associations, bankruptcy, and remedies.

Grading: Each student will be graded their written work product, which will include claims analysis.

Course Materials: Course materials will be provided via Canvas.  There is no textbook.

Overview:  A nationally known, plaintiff’s commercial trial lawyer will provide students with an introduction to complex financial litigation, including claims arising out of financial fraud, Ponzi schemes, business mismanagement, and fiduciary self-dealing. Students will study the common types of financial litigation that are pursued by equity holders, creditors, and other victims of financial wrongdoing as well as litigation professionals, such as bankruptcy trustees, receivers, and foreign liquidators against fiduciaries (e.g., directors and officers), professional services firms (e.g., law firms and accounting firms), banks, and other participants in financial transactions.

Although the course will focus on the plaintiff’s side of financial litigation, it will also cover common defenses and the strategies that defendants often utilize in such litigation. Students will review actual complaints and study real cases.  Students will have to think strategically through real-world fact patterns, consider potential claims and defenses, develop litigation strategies, and learn how to think like practicing lawyers. In doing so, students will draw on the knowledge they have learned in a variety of other classes, including contracts, torts, civil procedure, business associations, bankruptcy, and remedies.

Grading: Each student will be graded their written work product, which will include claims analysis.

Course Materials: Course materials will be provided via Canvas.  There is no textbook.

Overview:  A nationally known, plaintiff’s commercial trial lawyer will provide students with an introduction to complex financial litigation, including claims arising out of financial fraud, Ponzi schemes, business mismanagement, and fiduciary self-dealing. Students will study the common types of financial litigation that are pursued by equity holders, creditors, and other victims of financial wrongdoing as well as litigation professionals, such as bankruptcy trustees, receivers, and foreign liquidators against fiduciaries (e.g., directors and officers), professional services firms (e.g., law firms and accounting firms), banks, and other participants in financial transactions.

Although the course will focus on the plaintiff’s side of financial litigation, it will also cover common defenses and the strategies that defendants often utilize in such litigation. Students will review actual complaints and study real cases.  Students will have to think strategically through real-world fact patterns, consider potential claims and defenses, develop litigation strategies, and learn how to think like practicing lawyers. In doing so, students will draw on the knowledge they have learned in a variety of other classes, including contracts, torts, civil procedure, business associations, bankruptcy, and remedies.

Grading: Each student will be graded their written work product, which will include claims analysis.

Course Materials: Course materials will be provided via Canvas.  There is no textbook.

Overview:  A nationally known, plaintiff’s commercial trial lawyer will provide students with an introduction to complex financial litigation, including claims arising out of financial fraud, Ponzi schemes, business mismanagement, and fiduciary self-dealing. Students will study the common types of financial litigation that are pursued by equity holders, creditors, and other victims of financial wrongdoing as well as litigation professionals, such as bankruptcy trustees, receivers, and foreign liquidators against fiduciaries (e.g., directors and officers), professional services firms (e.g., law firms and accounting firms), banks, and other participants in financial transactions.

Although the course will focus on the plaintiff’s side of financial litigation, it will also cover common defenses and the strategies that defendants often utilize in such litigation. Students will review actual complaints and study real cases.  Students will have to think strategically through real-world fact patterns, consider potential claims and defenses, develop litigation strategies, and learn how to think like practicing lawyers. In doing so, students will draw on the knowledge they have learned in a variety of other classes, including contracts, torts, civil procedure, business associations, bankruptcy, and remedies.

Grading: Each student will be graded their written work product, which will include claims analysis.

Course Materials: Course materials will be provided via Canvas.  There is no textbook.

This course will focus on the legal and policy issues relevant to conducting complex civil litigation, and in particular on the problem of adjudicating large numbers of closely related cases. One of the most important and controversial issues in civil procedure today is how to achieve the efficient and fair adjudication of large numbers of cases that arise from a common set of events or transactions and exhibit overlapping factual and legal issues. A number of procedural devices have been used for this purpose, including joinder, consolidation, class actions, multidistrict litigation, bellwether trials, case sampling, and bankruptcy. We will study all these devices, but we'll spend much of our time on class actions and multidistrict litigation (MDL). Specific topics to be covered include the requirements for class certification, judicial and attorney responsibilities in class litigation, appointment and compensation of lead lawyers, techniques for coordinating competing litigation in federal and state courts, case management techniques, and approaches to mass settlements. We will also examine the effect of recent Supreme Court decisions on the future of aggregate dispute resolution. 

This course will focus on the legal and policy issues relevant to conducting complex civil litigation, and in particular on the problem of adjudicating large numbers of closely related cases. One of the most important and controversial issues in civil procedure today is how to achieve the efficient and fair adjudication of large numbers of cases that arise from a common set of events or transactions and exhibit overlapping factual and legal issues. A number of procedural devices have been used for this purpose, including joinder, consolidation, the class action, multidistrict litigation, bellwether trials, and case sampling. We will study all these devices, but we'll spend much of our time on the class action. Class action topics to be covered include the requirements for class certification, judicial and attorney responsibilities in class litigation, techniques for coordinating multiple class action filings (especially between federal and state courts), approaches to regulating class action settlements, and rules for determining class counsel fees. We will also examine the effect of recent Supreme Court decisions on the future of the class action and on the availability of other procedural devices for adjudicating large-scale case aggregations. 

This course will focus on the legal and policy issues relevant to conducting complex civil litigation, and in particular on the problem of adjudicating large numbers of closely related cases. One of the most important and controversial issues in civil procedure today is how to achieve the efficient and fair adjudication of large numbers of cases that arise from a common set of events or transactions and exhibit overlapping factual and legal issues. A number of procedural devices have been used for this purpose, including joinder, consolidation, the class action, multidistrict litigation, bellwether trials, and case sampling. We will study all these devices, but we'll spend much of our time on the class action. Class action topics to be covered include the requirements for class certification, judicial and attorney responsibilities in class litigation, techniques for coordinating multiple class action filings (especially between federal and state courts), approaches to regulating class action settlements, and rules for determining class counsel fees. We will also examine the effect of recent Supreme Court decisions on the future of the class action and on the availability of other procedural devices for adjudicating large-scale case aggregations. 

Many of the laws that govern criminal activity on the internet were written long before the internet developed into the complex ecosystem we see today. This gap creates challenges for law enforcement attempts to prohibit, investigate, and prosecute cyber crimes. At times, the laws are outdated and frustrate attempts to hold bad actors accountable. Other times, the laws are interpreted in ways that have unintended effects when applied to novel circumstances and emerging technologies. We will study these challenges and understand how courts and legislators are responding to them. The course will cover the law of computer hacking, Internet threats and harassment, criminal data theft, Internet gambling, encryption, online undercover operations and entrapment, the Fourth Amendment online, the law of executing search warrants for digital evidence, CSAM offenses, applying the Wiretap Act to the Internet, the Stored Communications Act, the Cloud Act, the role of federalism in the investigation of digital crimes, and international cooperation in the enforcement of computer crime laws around the world.

No background technological knowledge or experience required. The course does not have any prerequisites. 

Conflict of Laws addresses issues that may arise when a dispute or transaction has connections with more than one state or country. The subject is generally divided into three interrelated topics: (1) territorial jurisdiction (and related doctrines), (2) choice of law, and (3) recognition and enforcement of foreign judgments. This course focuses exclusively on choice of law. Most of the course focuses on the sources from which state courts draw in choosing the applicable law. But the course also covers (1) constitutional limits on state choice of law, (2) the rules governing the choice of state law in federal court, and (3) the principles that determine whether and when a federal statute may be given extraterritorial effect. By the end of the course, students should have developed a sound understanding of the methodologies that influence choice of law in the United States and the policy considerations that will shape further development of the law in this area. The first and third topics in Conflict of Laws are covered in a separate course entitled “Jurisdiction & Judgments” that is scheduled to be taught in the spring.

Conflict of Laws addresses issues that may arise when a dispute or transaction has connections with more than one state or country. The subject is generally divided into three interrelated topics: (1) territorial jurisdiction (and related doctrines), (2) choice of law, and (3) recognition and enforcement of foreign judgments. This course focuses exclusively on choice of law. Most of the course focuses on the sources from which state courts draw in choosing the applicable law. But the course also covers (1) constitutional limits on state choice of law, (2) the rules governing the choice of state law in federal court, and (3) the principles that determine whether and when a federal statute may be given extraterritorial effect. By the end of the course, students should have developed a sound understanding of the methodologies that influence choice of law in the United States and the policy considerations that will shape further development of the law in this area. The first and third topics in Conflict of Laws are covered in a separate course entitled “Jurisdiction & Judgments” that is scheduled to be taught in the spring.

Conflict of Laws addresses issues that may arise when a dispute or transaction has connections with more than one state or country. The subject is generally divided into three interrelated topics: (1) territorial jurisdiction (and related doctrines), (2) choice of law, and (3) recognition and enforcement of foreign judgments. This course focuses exclusively on choice of law. Most of the course focuses on the sources from which state courts draw in choosing the applicable law. But the course also covers (1) constitutional limits on state choice of law, (2) the rules governing the choice of state law in federal court, and (3) the principles that determine whether and when a federal statute may be given extraterritorial effect. By the end of the course, students should have developed a sound understanding of the methodologies that influence choice of law in the United States and the policy considerations that will shape further development of the law in this area. The first and third topics in Conflict of Laws are covered in a separate course entitled “Jurisdiction & Judgments.”

Conflict of Laws addresses issues that may arise when a dispute or transaction has connections with more than one state or country. The subject is generally divided into three interrelated topics: (1) territorial jurisdiction (and related doctrines), (2) choice of law, and (3) recognition and enforcement of foreign judgments. This course focuses exclusively on choice of law. Most of the course focuses on the sources from which state courts draw in choosing the applicable law. But the course also covers (1) constitutional limits on state choice of law, (2) the rules governing the choice of state law in federal court, and (3) the principles that determine whether and when a federal statute may be given extraterritorial effect. By the end of the course, students should have developed a sound understanding of the methodologies that influence choice of law in the United States and the policy considerations that will shape further development of the law in this area. The first and third topics in Conflict of Laws are covered in a separate course entitled “Jurisdiction & Judgments.”

Conflict of Laws addresses issues that may arise when a dispute or transaction has connections with more than one state or country. The subject is generally divided into three interrelated parts: (1) territorial jurisdiction, (2) choice of law, and (3) recognition of foreign judgments. This short course will focus on choice of law.

Conflict of Laws addresses issues that may arise when a dispute or transaction has connections with more than one state or country. The subject is generally divided into three interrelated parts: (1) territorial jurisdiction, (2) choice of law, and (3) recognition of foreign judgments. This short course will focus on choice of law.

The course will focus on constitutional interpretation involving the Religion Clauses, the Expression Clauses, and the Right to Bear Arms. Both interpretive and substantive issues will be addressed to question what the scope of each constitutional provision should be and whether that scope should be interrelated with the scope of other provisions. Specific topics will include: gun control, dollars to religion, school, prayer, criminal advocacy, pornography, hate speech, and new communications technologies.

The course will focus on constitutional interpretation involving the Religion Clauses, the Expression Clauses, and the Right to Bear Arms. Both interpretive and substantive issues will be addressed to question what the scope of each constitutional provision should be and whether that scope should be interrelated with the scope of other provisions. Specific topics will include: gun control, dollars to religion, school, prayer, criminal advocacy, pornography, hate speech, and new communications technologies.

The course will focus on constitutional interpretation involving the Religion Clauses, the Expression Clauses, and the Right to Bear Arms. Both interpretive and substantive issues will be addressed to question what the scope of each constitutional provision should be and whether that scope should be interrelated with the scope of other provisions. Specific topics will include: gun control, dollars to religion, school, prayer, criminal advocacy, pornography, hate speech, and new communications technologies.

The course will focus on constitutional interpretation involving the Religion Clauses, the Expression Clauses, and the Right to Bear Arms. Both interpretive and substantive issues will be addressed to question what the scope of each constitutional provision should be and whether that scope should be interrelated with the scope of other provisions. Specific topics will include: gun control, dollars to religion, school, prayer, criminal advocacy, pornography, hate speech, and new communications technologies.

This course will focus on the design, history, practice, and theory of constitutional amendment in the United States. Students will explore key questions, including: (1) What does the US Constitution require for a constitutional amendment?; (2) Are there limitations on what may be amended into or out of the US Constitution?; (3) What is (or should be) the role of courts in constitutional amendment?; (4) What values are reflected in the architecture of the country's constitutional amendment procedures?; and (5) Why doesn't the US Constitution make anything unamendable, in contrast to many other countries in the world which protect human dignity, civil rights, and fundamental freedoms against amendment? Readings will be complemented by class visitors, including a Justice of a Constitutional Court and authors of some of the scholarly publications we will read and discuss. Evaluation will be based on a take-home examination inviting students to answer their choice of open-ended essay questions relating to the central themes in this course.

This course will focus on the design, history, practice, and theory of constitutional amendment in the United States. Students will explore key questions, including: (1) What does the US Constitution require for a constitutional amendment?; (2) Are there limitations on what may be amended into or out of the US Constitution?; (3) What is (or should be) the role of courts in constitutional amendment?; (4) What values are reflected in the architecture of the country's constitutional amendment procedures?; and (5) Why doesn't the US Constitution make anything unamendable, in contrast to many other countries in the world which protect human dignity, civil rights, and fundamental freedoms against amendment? Readings will be complemented by class visitors, including a Justice of a Constitutional Court and authors of some of the scholarly publications we will read and discuss. Evaluation will be based on a take-home examination inviting students to answer their choice of open-ended essay questions relating to the central themes in this course.