Course Schedule

Standard-form agreements purporting to bind consumers and employees are the most common form of contracts that exist in the United States. These contracts often contain provisions like arbitration clauses, exculpatory clauses, non-compete agreements, non-disparagement agreements, liquidated damages clauses, privacy waivers, and more. Each of these contract terms has generated term-specific case law and regulation. Students will learn about these clauses and the applicable law governing their enforceability, while critically evaluating both. The course requires each student to participate in an end-of-term “writer’s workshop,” which in turn requires students to present their ideas to the class. The workshop aims to provide constructive feedback to students on their work product before they submit their final papers.

This writing seminar considers advanced topics in professional responsibility, meaning the law governing lawyers such as lawyer disciplinary rules and procedures as well as other topics regarding lawyer conduct and liability.    Completing a writing seminar is required for graduation.  A writing seminar serves several purposes. First, a writing seminar develops your advanced research and analytical writing skills. Second, when you present your paper for discussion and discuss other student’s papers, a writing seminar strengthens your oral presentation skills. Third, a writing seminar allows you to work closely with a faculty member and in a small student group. Half your grade will be based on your research paper and half on your oral presentation and class participation.  For class, a copy of Martyn, Fox, & Wendel, The Law Governing Lawyers (2021-2022 Edition), will be useful.   

Professor McCown will help each student pick a topic and develop a thesis; the student will make an oral presentation of their draft paper; then the student will prepare a final draft based on feedback.  Having already taken PR will be helpful. 

Alternative asset classes, particularly hedge funds and private equity funds, play an increasingly central role in the global economy. Total alternative assets under management surpassed $10 trillion in 2020, a more than threefold increase from 2008, and are expected to surpass $17 trillion by 2025. Hedge funds and private equity funds represent approximately 75% of these assets. This explosive growth has been accompanied by an increased institutionalization of the industry, an advanced regulatory environment and a significant rise in public scrutiny.

This course will provide a comprehensive review of the legal and regulatory framework related to hedge fund and private funds, particularly in relation to structuring, documentation, disclosures, tax considerations and compliance.  Areas of focus will include relevant federal securities, tax and pension plan laws, case history and agency actions. This course also will include a critical analysis of related policy issues and topics, including insider trading, environmental/social/governance (ESG) investing, preferential tax treatment, the rise of cryptocurrencies and the economic and societal impacts associated with the alternative investment industry. In addition, the course will analyze the various roles lawyers play throughout the industry.

Alternative asset classes, particularly hedge funds and private equity funds, play an increasingly central role in the global economy. Total alternative assets under management surpassed $10 trillion in 2020, a more than threefold increase from 2008, and are expected to surpass $14 trillion by 2023. Hedge funds and private equity funds represent approximately 75% of these assets. This explosive growth has been accompanied by an increased institutionalization of the industry, an advanced regulatory environment and a significant rise in public scrutiny.

This course will provide a comprehensive review of the legal and regulatory framework related to hedge fund and private funds, particularly in relation to structuring, documentation, disclosures, tax considerations and compliance.  Areas of focus will include relevant federal securities, tax and pension plan laws, case history and agency actions. This course also will include a critical analysis of related policy issues and topics, including insider trading, environmental/social/governance (ESG) investing, preferential tax treatment, the rise of cryptocurrencies and the economic and societal impacts associated with the alternative investment industry. In addition, the course will analyze the various roles lawyers play throughout the industry.

Alternative asset classes, particularly hedge funds and private equity funds, play an increasingly central role in the global economy. Total alternative assets under management surpassed $10 trillion in 2020, a more than threefold increase from 2008, and are expected to surpass $14 trillion by 2023. Hedge funds and private equity funds represent approximately 75% of these assets. This explosive growth has been accompanied by an increased institutionalization of the industry, an advanced regulatory environment and a significant rise in public scrutiny.

This course will provide a comprehensive review of the legal and regulatory framework related to hedge fund and private funds, particularly in relation to structuring, documentation, disclosures, tax considerations and compliance.  Areas of focus will include relevant federal securities, tax and pension plan laws, case history and agency actions. This course also will include a critical analysis of related policy issues and topics, including insider trading, environmental/social/governance (ESG) investing, preferential tax treatment, the rise of cryptocurrencies and the economic and societal impacts associated with the alternative investment industry. In addition, the course will analyze the various roles lawyers play throughout the industry.

One of the defining features of American antidiscrimination law over the past several decades has been the proliferation of grounds on which people have sought legal redress for discrimination. Antidiscrimination claims based on race, sex, and religion remain common, but courts today also confront antidiscrimination claims based on disability, sexual orientation, language skills, weight, and appearance. Moreover, antidiscrimination claims today are not always brought by people traditionally understood to be victims of a particular type of discrimination-white people claim they have been discriminated against on the basis of race, men claim they have been discriminated against on the basis of sex, and beautiful people claim they have been discriminated against on the basis of appearance. Some of these claims have been recognized by courts; others have been rejected. This seminar will examine which forms of discrimination have been outlawed and why the law protects people against some forms of discrimination and not others. Our overarching goal will be to think through the important question of when discrimination is wrong and what the law should do about it.

Thomas Aquinas is regarded by more than a few scholars as one of the two or three greatest philosophers and theologians in Western history, as well as one of the most illuminating students of Augustine and Aristotle.  His Treatise on Law is the locus classicus of the natural law tradition, and indispensable for anyone seriously interested in ethical philosophy, political philosophy, jurisprudence, natural law, or the interaction of faith and reason in each of these areas.  Though it is brief, as treatises go, it is not the sort of book one can browse through in an evening, and requires close reading.  I welcome students from a variety of disciplines.

Written in the form of a scholastic disputation, the Treatise takes up 19 disputed questions, for example whether there is such a thing as natural law and whether one may disobey unjust laws.  We will closely study each of the first eight (qq. 90-97), as well as a few selections from the other eleven (qq, 98-108), taking them up in sequence and in context.  I say “in context” because the Treatise is but a single part of a much larger work, the Summa Theologiae, which takes up a variety of related matters including the ultimate purpose of human life, the nature of human acts, the passions, the virtues, and the vices.  I do not expect you to be familiar with the whole Summa; we will explore the connections as necessary.

The scope of this class is both domestic and international and crosses multiple disciplines and fields of law. The course touches many aspects of the processes of creating art, buying and selling it, using it, or displaying it in a museum. Additionally, the course covers the more nefarious legal issues in art and cultural property, including forgery, theft, illegal movement, and art in war, focusing on art stolen in the Holocaust.

The scope of this class is both domestic and international and crosses multiple disciplines and fields of law. The course touches many aspects of the processes of creating art, buying and selling it, using it, or displaying it in a museum. Additionally, the course covers the more nefarious legal issues in art and cultural property, including forgery, theft, illegal movement, and art in war, focusing on art stolen in the Holocaust.

Economic theory has had a large impact on legal thinking. Behavioral Economics seeks to identify predictable patterns of behavior that do not fit into the rational-choice paradigm; its ultimate goal is to improve the predictive capacities of social science. This seminar will explore Behavioral research on framing effects, loss aversion, risk compensation, mental accounting, time-inconsistent preferences, self-serving biases, perceptions of fairness, and happiness. Several of these behavioral patterns can be used to suggest that, in certain situations, peoples' autonomous choices may not result in outcomes that are best for them even under their own theories of "best." Accordingly, we will also discuss potential policy responses and the appropriate limits of paternalism.

Economic theory has had a large impact on legal thinking. Behavioral Economics seeks to identify predictable patterns of behavior that do not fit into the rational-choice paradigm; its ultimate goal is to improve the predictive capacities of social science. This seminar will explore Behavioral research on framing effects, loss aversion, risk compensation, mental accounting, time-inconsistent preferences, self-serving biases, perceptions of fairness, and happiness. Several of these behavioral patterns can be used to suggest that, in certain situations, peoples' autonomous choices may not result in outcomes that are best for them even under their own theories of "best." Accordingly, we will also discuss potential policy responses and the appropriate limits of paternalism.

Economic theory has had a large impact on legal thinking. Behavioral Economics seeks to identify predictable patterns of behavior that do not fit into the rational-choice paradigm; its ultimate goal is to improve the predictive capacities of social science. This seminar will explore Behavioral research on framing effects, loss aversion, risk compensation, mental accounting, time-inconsistent preferences, self-serving biases, perceptions of fairness, and happiness. Several of these behavioral patterns can be used to suggest that, in certain situations, peoples' autonomous choices may not result in outcomes that are best for them even under their own theories of "best." Accordingly, we will also discuss potential policy responses and the appropriate limits of paternalism.

Economic theory has had a large impact on legal thinking. Behavioral Economics seeks to identify predictable patterns of behavior that do not fit into the rational-choice paradigm; its ultimate goal is to improve the predictive capacities of social science. This seminar will explore Behavioral research on framing effects, loss aversion, risk compensation, mental accounting, time-inconsistent preferences, self-serving biases, perceptions of fairness, and happiness. Several of these behavioral patterns can be used to suggest that, in certain situations, peoples' autonomous choices may not result in outcomes that are best for them even under their own theories of "best." Accordingly, we will also discuss potential policy responses and the appropriate limits of paternalism.

Recent scientific studies show that the world is on the brink of a sixth mass extinction, comparable to the one that wiped out the dinosaurs millions of years ago. But as disheartening as that conclusion is, the data also suggest that it’s not too late to avoid the extinction event by addressing the threats faced by animals and plants around the globe. This course explores law and policy around the broad themes of biodiversity, wildlife and habitat. We will examine a range of international and U.S. laws in place to conserve biodiversity and the gaps in protection that exist. We will focus on international conventions, statutes, including the Endangered Species Act, case law, environmental ethics and several current controversies to explore legal, scientific, and political strategies for protecting at-risk species and their habitats in an increasingly complex, interconnected world.

Most of the students' grade will be based on a paper on an approved topic and a presentation on the paper topic given to the class during one of the last weeks of the semester.  

Recent scientific studies show that the world is on the brink of a sixth mass extinction, comparable to the one that wiped out the dinosaurs millions of years ago. But as disheartening as that conclusion is, the data also suggest that it’s not too late to avoid the extinction event by addressing the threats faced by animals and plants around the globe. This course explores law and policy around the broad themes of biodiversity, wildlife and habitat. We will examine a range of international and U.S. laws in place to conserve biodiversity and the gaps in protection that exist. We will focus on international conventions, statutes, including the Endangered Species Act, case law, environmental ethics and several current controversies to explore legal, scientific, and political strategies for protecting at-risk species and their habitats in an increasingly complex, interconnected world.

Most of the students' grade will be based on a paper on an approved topic and a presentation on the paper topic given to the class during one of the last weeks of the semester.  

This workshop seminar will focus on cutting-edge research in business law and economics. Most weeks will feature a leading outside scholar presenting a work-in-progress relating to current issues in business law. 

The range of subject matter includes economically-oriented work on business law, securities regulation, tax, or commercial law.  Many of the papers presented will likely deal with normative questions of private ordering versus public regulation, and will examine problems that arise in both the private and public law spheres.  Similarly, it is expected that many of the papers will consider social welfare effects, such as the effect of law and regulation on entrepreneurship, innovation, capital formation, and financial markets.   

Students will be responsible for written assessments of the paper being presented, and will be evaluated based on their writings and their participation in the workshop. Students' critiques may be made available to the speaker.

This workshop seminar will focus on cutting-edge research in business law and economics. Most weeks will feature a leading outside scholar presenting a work-in-progress relating to current issues in business law. 

The range of subject matter includes economically-oriented work on business law, securities regulation, tax, or commercial law.  Many of the papers presented will likely deal with normative questions of private ordering versus public regulation, and will examine problems that arise in both the private and public law spheres.  Similarly, it is expected that many of the papers will consider social welfare effects, such as the effect of law and regulation on entrepreneurship, innovation, capital formation, and financial markets.   

Students will be responsible for written assessments of the paper being presented, and will be evaluated based on their writings and their participation in the workshop. Students' critiques may be made available to the speaker.

This workshop seminar will focus on cutting-edge research in business law and economics. Most weeks will feature a leading outside scholar presenting a work-in-progress relating to current issues in business law. 

The range of subject matter includes economically-oriented work on business law, securities regulation, tax, or commercial law.  Many of the papers presented will likely deal with normative questions of private ordering versus public regulation, and will examine problems that arise in both the private and public law spheres.  Similarly, it is expected that many of the papers will consider social welfare effects, such as the effect of law and regulation on entrepreneurship, innovation, capital formation, and financial markets.   

Students will be responsible for written assessments of the paper being presented, and will be evaluated based on their writings and their participation in the workshop. Students' critiques may be made available to the speaker.

This workshop seminar will focus on cutting-edge research in business law and economics. Most weeks will feature a leading outside scholar presenting a work-in-progress relating to current issues in business law. 

The range of subject matter includes economically-oriented work on business law, securities regulation, tax, or commercial law.  Many of the papers presented will likely deal with normative questions of private ordering versus public regulation, and will examine problems that arise in both the private and public law spheres.  Similarly, it is expected that many of the papers will consider social welfare effects, such as the effect of law and regulation on entrepreneurship, innovation, capital formation, and financial markets.   

Students will be responsible for written assessments of the paper being presented, and will be evaluated based on their writings and their participation in the workshop. Students' critiques may be made available to the speaker.

This workshop seminar will focus on cutting-edge research in business law and economics. Most weeks will feature a leading outside scholar presenting a work-in-progress relating to current issues in business law. 

The range of subject matter includes economically-oriented work on business law, securities regulation, tax, or commercial law.  Many of the papers presented will likely deal with normative questions of private ordering versus public regulation, and will examine problems that arise in both the private and public law spheres.  Similarly, it is expected that many of the papers will consider social welfare effects, such as the effect of law and regulation on entrepreneurship, innovation, capital formation, and financial markets.   

Students will be responsible for written assessments of the paper being presented, and will be evaluated based on their writings and their participation in the workshop. Students' critiques may be made available to the speaker.

Many law school courses deal with the role of the “outside” lawyer in counseling clients and, often, representing clients in a litigation setting. This course deals with the compliance function—described by one author as the function that establishes and confirms “conformity between . . . action and a rule or standard,” the latter being determined by law, regulation or an organization’s policies.  The compliance role within an organization principally focuses on avoiding problems (and resultant crises for the organization) by establishing policies designed to ensure that personnel conform to legal and regulatory requirements, counseling personnel when questions arise and establishing “early warning” systems to detect and respond to instances of possible malfeasance. It is also one of the organizational roles currently providing the most employment opportunities for lawyers—a law degree (or bar admission) may not technically be required to serve as a compliance officer, but it is increasingly seen by organizations as desirable, and is often becoming a requirement. The course will examine the role of the compliance function within a corporation or other organization and its relationship to other organizational roles and to regulatory agencies.  It will also examine a number of current or recent situations in which problems—crises for the organizations involved—have been uncovered and will consider how more effective compliance programs might have unearthed them earlier, in time to avoid the crisis. Quite often (and contrary to the popular image), the best service a lawyer can perform for her client, but one that is invisible to public awareness, is to foresee a potential issue and adopt changes that avoid its occurrence. This course will provide some of the tools useful in that endeavor. The course is offered as a seminar for up to 16 students and will require a final paper submission (in lieu of an exam), as well as a short mid-course paper to provide an opportunity for earlier feedback. Course materials will be provided by the instructor and there will be no casebook..

Many law school courses deal with the role of the “outside” lawyer in counseling clients and, often, representing clients in a litigation setting. This course deals with the compliance function—described by one author as the function that establishes and confirms “conformity between . . . action and a rule or standard,” the latter being determined by law, regulation or an organization’s policies.  The compliance role within an organization principally focuses on avoiding problems (and resultant crises for the organization) by establishing policies designed to ensure that personnel conform to legal and regulatory requirements, counseling personnel when questions arise and establishing “early warning” systems to detect and respond to instances of possible malfeasance. It is also one of the organizational roles currently providing the most employment opportunities for lawyers—a law degree (or bar admission) may not technically be required to serve as a compliance officer, but it is increasingly seen by organizations as desirable, and is often becoming a requirement. The course will examine the role of the compliance function within a corporation or other organization and its relationship to other organizational roles and to regulatory agencies.  It will also examine a number of current or recent situations in which problems—crises for the organizations involved—have been uncovered and will consider how more effective compliance programs might have unearthed them earlier, in time to avoid the crisis. Quite often (and contrary to the popular image), the best service a lawyer can perform for her client, but one that is invisible to public awareness, is to foresee a potential issue and adopt changes that avoid its occurrence. This course will provide some of the tools useful in that endeavor. The course is offered as a seminar for up to 16 students and will require a paper submission (in lieu of an exam).

This course will cover current health care business and regulatory issues, including (1) laws prohibiting payments and benefits by hospitals to physicians in exchange for patient admisssions and referrals, (2) whistleblower lawsuits within the health care industry and uncovering and self-disclosing improper health care arrangements, (3) indictment of health care lawyers participating in illegal transactions, (4) prohibitions against the corporate practice of medicine and fee-splitting by physicians, (5) non-competition agreements in the health care industry, and (6) business and contractual disputes and tortious interference claims between hospitals and physicians and other health care providers.

This course will cover current health care business and regulatory issues, including (1) laws prohibiting payments and benefits by hospitals to physicians in exchange for patient admisssions and referrals, (2) whistleblower lawsuits within the health care industry and uncovering and self-disclosing improper health care arrangements, (3) indictment of health care lawyers participating in illegal transactions, (4) prohibitions against the corporate practice of medicine and fee-splitting by physicians, (5) non-competition agreements in the health care industry, and (6) business and contractual disputes and tortious interference claims between hospitals and physicians and other health care providers.