NOTE: The number in parentheses following a course title indicates semester hours of credit. For example, (3) indicates a course worth three credit hours.

Required

Civil Procedure I (3) Law 070

Personal jurisdiction, subject matter jurisdiction, supplemental jurisdiction, venue, service, removal, transfer; joinder of parties and claims; the Erie Doctrine.

Civil Procedure II (3) Law 170

Prerequisite: Civil Procedure I

The theory and rules governing the litigation process, including pleadings, class actions, motion practice, discovery, pretrial conferences, trial procedure, post-trial motions, preclusive effects of judgments, relief from judgments and principles of appellate review.

Constitutional Law I (3) Law 172

Judicial review, Article III requirements, federal legislative power, state regulatory powers, presidential powers, adoption of post-Civil War amendments, the incorporation controversy, the state action requirement.

Constitutional Law II (3) Law 173

Prerequisite: Constitutional Law I

Procedural and substantive due process, equal protection, and First Amendment liberties.

Contracts I (3) Law 063

This course provides a general introduction to contract law and addresses the necessary formalities to create binding contractual obligations, including the requirements of mutual assent (including the process of offer and acceptance), consideration, and the statute of frauds. The course also addresses doctrines of reliance and restitution aand there ares alternative theories for enforcing contractual obligation. Finally, the course covers various defenses to contract enforcement, such as incapacity, duress, misrepresentation, mistake, and unconscionability. Uniform Commercial Code issues will be addressed.

Contracts II (3) Law 064

Prerequisite: Contracts I

This course addresses the legal and equitable remedies available for breach of contract. It also addresses principles of contract interpretation and the admissibility of extrinsic evidence to supplement or interpret a contract under the parol evidence rule. Students will also study contract performance and breach, the law of conditions and bases for excuse of contract obligation under doctrines of impracticability and frustration of purpose. Finally, the course addresses the rights of non-parties to a contract, particularly the rights of third-party beneficiaries and assignees/delegates. Uniform Commercial code issues will be addressed.

Criminal Law (3) Law 060

A course in the substantive law of crimes. The course places principal emphasis on studying the sources and meanings of statutes. In addition to crimes against persons, property, and society, the course will include consideration of inchoate offenses, the principles underlying criminal responsibility, and the purposes and limits of criminal law.

Evidence (4) Law 180

Prerequisite: Civil Procedure I

The law of evidence, Federal and state rules: burdens of proof, presumptions, stipulations, judicial notice, relevancy, privileges, hearsay, witness competency, examination of witnesses and impeachment, opinions, and authentication.

Lawyering Skills I: Objective Analysis, Writing, and Research (3) Law 054

This course is an introduction to objective legal analysis. Students learn precedential, rule-based, policy-based, and factual reasoning, and learn to perform basic legal research using case law, statutes, administrative regulations, court rules, and secondary materials. Students learn and apply the skills of legal analysis, research, and writing by preparing a series of objective legal memoranda and other exercises. Students participate in individual tutorial conferences with faculty and receive other forms of substantive feedback.

Lawyering Skills II: Advocacy (3) Law 056

Prerequisite: Lawyering Skills I

This course uses a series of advocacy writing assignments to build upon the legal analysis, research, and writing skills taught in the first-semester course. Students prepare trial and appellate briefs, participate in oral arguments, and learn about legal research methods not covered in the introductory course, including electronic research. Students participate in individual tutorial conferences with faculty and receive other forms of substantive feedback.

Lawyering Skills: Herzog Moot Court Competition (1) Law 159

Prerequisite: Lawyering Skills II

Students refine their advocacy skills in the context of a school-wide intra-scholastic moot court competition. Students prepare a brief and present two oral arguments in a hypothetical appellate case. The top students from the preliminary rounds then argue in elimination rounds to determine the winner of the competition. Awards are presented for first place, second place, best brief, and best oralist. This one-credit course meets for two hours each week for the first half of the semester. The competition is named in honor of Dean Emeritus Fred F. Herzog. This course is required for all students entering the law school beginning in August 2004. This course is also required for all students who wish to become members of the Moot Court Council, and it is strongly recommended for students who wish to try out for interscholastic moot court teams.

Lawyering Skills: Introduction to Legal Drafting: General Practice (2) Law 156

Prerequisite: Lawyering Skills II

Students learn drafting skills by choosing between a specialty course or a General Practice course. In the general course, students learn to avoid legal problems and litigation through proper drafting techniques of various documents. Students learn to apply generally applicable concepts in drafting such as precision vs. ambiguity and anticipating consequences. Students will research and draft a contract, a will, a substantial piece of legislation, and a pleading. Other related documents may be required. Other specialty courses are available for drafting credit. See the catalogue for other courses. Prerequisites for general practice drafting: Completion of 48 course hours, including Civil Procedure II and Estates & Trusts I. Recommended: Corporations, Sales.

Lawyering Skills Drafting: Legislation (2)Law 153

This course is about understanding the statutory process.The focus will be on the legislative process in Illinois, although many principles are applicable to the federal system and all legislative processes.We will concentrate on the actual drafting of legislation, committee reports, statements of legislative purpose, and the supporting points and analyses required from legislative staff attorneys or associates working on proposed legislation for clients.As John Marshall is located in the state's biggest city and in the city's most dynamic and economically important ward, the roles of politics and elected officials will be a part of our study.

Lawyering Skills: Legal Drafting: Specialty Courses (2-3) Law 290, Law 205, IP 428

Prerequisite: Lawyering Skills II

Available courses are Patent Law Planning & Practice (Law 290), Business Planning & Drafting Seminar (Law 205), and Legal Writing for the Intellectual Property Practice (IP 428).

Lawyering Skills Specialty Drafting: Employee Benefits (2) Law 155

Prerequisites: Lawyering Skills II, Employee Benefits Law

The area of legal writing and reviewing in employee benefits will be introduced to students through a series of lectures and drafting projects. Over a 15-week period, there will be 10 general class lectures, five drafting projects, and five student and instructor meetings to review projects. Students will learn general drafting principles and more advanced drafting techniques as they apply to the area of employee benefits law. This course satisfies the third semester requirement for the Lawyering Skills program.

Lawyering Skills Specialty Drafting: Information Technology Law (2) Law 161

Prerequisites: J.D. students: Lawyering Skills II, Introduction to Information Technology Law; Joint J.D./IT LL.M. degree students: Lawyering Skills II, two of the following three LL.M. courses: Information Law and Policy, Computers and the Law, Cyberspace Law

This is a rigorous, advanced drafting course designed to give students interested in pursuing a practice in information technology and/or privacy law hands-on experience in the research techniques and drafting styles common to such practice. This is a two-hour course that will meet once a week. This course satisfies the third semester requirement for the Lawyering Skills program. Highly recommended: Constitutional Law II, Corporations, and Trademark and Copyright.

Lawyering Skills Specialty Drafting: International Practice (2) Law 160

Prerequisites: Lawyering Skills II, Corporations and International Business Transactions

This is a two-hour course that will meet once a week. The course has two goals: first, to give students rigorous, practical experience in drafting and related areas (negotiation, arbitration); second, to teach students about, and give practice in, areas that an international practitioner might experience. This course satisfies the third semester requirement for the Lawyering Skills program.

Lawyering Skills Specialty Drafting: Civil Litigation (2) Law 152

Prerequisites: Lawyering Skills II, Civil Procedure I and II, Evidence

This course is an intensive writing course that focuses on the specialized drafting skills needed for successful litigation practice. Students will learn these skills in the context of various litigation documents including, but not limited to, motions, pleadings, discovery documents, and briefs. The course is designed for students who have a serious interest in civil litigation. This course satisfies the third semester requirement for the Lawyering Skills program.

Lawyering Skills Specialty Drafting: Real Estate (2) Law 162

Prerequisites: Lawyering Skills II, Real Estate Transactions

This drafting course will introduce students to fundamental drafting concepts and skills that are generally applicable to the practice of law, but will do so in the context of commercial real estate transactions. Some of the drafting assignments will also focus on the unique challenges of commercial real estate law, including client communication, contract for purchase, contract for lease, and title documents. This is a rigorous writing course that will require students to draft several documents commonly used in commercial real estate practice. The course will also touch on ethical matters that confront commercial real estate attorneys.

Professional Responsibility (3) Law 176

This course explores the law of lawyering with special emphasis on the regulation of lawyers through rules of professional conduct and codes of judicial conduct, such as the ABA Model Rules of Professional Conduct, the Illinois Supreme Court’s Rules of Professional Conduct, the ABA Code of Judicial Conduct, and the Illinois Code of Judicial Conduct. The course covers issues that affect the attorney-client relationship such as confidentiality, conflicts of interest, advertising of legal services, solicitation, advocacy in criminal cases, and malpractice. The course also explores the attorney’s duties to the court and society, and other topics at the discretion of the instructor.

Property (4) Law 066

Introduction to basic property concepts: possession; acquisition of property through voluntary transfer (gifts, conveyances) and otherwise (adverse possession, rule of capture); estates in land, future interests and concurrent estates; the landlord-tenant relationship; government regulation and use of private property and private land use controls (incorporeal rights, easements and servitudes).

Torts (4) Law 073

This course explores the basic principles related to civil liability for interferences with persons, property and other legally protected interests. The course will cover the elements of a cause of action under theories of tort liability based on intent, negligence, and strict liability and applicable defenses.

Trial Advocacy Requirement. Students are required to fulfill the Trial Advocacy requirement by taking one of the following four formats of Trial Advocacy: Trial Advocacy, Trial Advocacy: Accelerated, Trial Lawyer, Accelerated Trial Advocacy for IP Attorneys.

Trial Advocacy* (3) Law 181

Prerequisite: Evidence

The theory underlying the preparation and presentation of a jury trial; skills training in trial advocacy; jury selection; opening statements; witness examination; motion practice and closing arguments.

Trial Advocacy: Accelerated (3) Law 183

Prerequisite: Evidence

Each January and August, between academic terms, Trial Advocacy is offered in an accelerated format. The course, which normally runs 15 weeks, is compressed into an intensive 9 a.m. to 6:30 p.m., nine-and-a-half day format. Many faculty members and students believe that this concentrated format aids learning and gives students a more realistic understanding of the rigors of trial practice.

Be advised that there is a mandatory dress code for this class. Students are required to wear business attire for the duration of the course. This means slacks and a dress shirt with tie for male students; and the equivalent dress for female students, dress slacks with blouse or sweater, with or without jacket or blazer; or skirted suit. No jeans, t-shirts, halter or similar tops, baseball caps, sandals, tennis shoes, flip-flops, or bare feet are permitted. Shirts are to be worn tucked into trousers and belts are strongly encouraged. On the evenings of the final trials, courtroom attire is mandated; this means business suits for all students.

Trial Lawyer (7) Law 184

Prerequisite: Civil Procedure I

This is a semester-long, seven-credit-hour course that combines the traditional Evidence and Trial Advocacy courses. Classes meet twice a week for three-hour evening sessions, and the course includes two day-long Saturday evidence seminars. The goal is to impart to students a theoretical and practical understanding of the principles and rules of evidence, and the art of advocacy. Generally, the evidence portion of the course will be taught in a conventional classroom mode; however, the trial advocacy portion will be taught in small classes of no more than 10 students per section. The course will also emphasize trial preparation and the persuasive development of a party’s theory of the case. This course is limited to second year students (2L’s). Prior to the completion of this course, participating students will be granted the opportunity for early tryouts for the following semester’s trial team competitions. Both Evidence and Trial Advocacy requirements are satisfied through successful completion of this course. Separate grades will be given for the Evidence and Trial Advocacy components. Enrollment is limited.

Accelerated Trial Advocacy for IP Attorneys (3) Law 189

Prerequisite: Evidence

Designed for students who intend to be trial lawyers in the field of intellectual property. This course involves the full preparation and trial of one or more jury trials under the close supervision of the instructor.

Be advised that there is a mandatory dress code for this class. Students are required to wear business attire for the duration of the course. This means slacks and a dress shirt with tie for male students; and the equivalent dress for female students, dress slacks with blouse or sweater, with or without jacket or blazer; or skirted suit. No jeans, t-shirts, halter or similar tops, baseball caps, sandals, tennis shoes, flip-flops, or bare feet are permitted. Shirts are to be worn tucked into trousers and belts are strongly encouraged. On the evenings of the final trials, courtroom attire is mandated; this means business suits for all students.

Electives

Administrative Law (3) Law 250

Introduction to the law creating, structuring, empowering, and limiting administrative agencies, with an emphasis on the principles common to all administrative agency action; topics include administrative procedure, the scope of judicial review of administrative action and the relationship of administrative agencies to the political branches of government.

Advanced Legal Research (2) Law 057 - Experimental

The emphasis of the course will be on teaching students how to formulate, organize, perform, and track their own research projects using a wide variety of resources and technological tools. Some of the research topics covered in Lawyering Skills will be reviewed in more depth, and we will also be looking at many nontraditional and non-legal materials for topics, such as competitive intelligence research. Students should be able to use the skills learned in this class to better manage any research projects they may face in the future. Classes will combine lectures and demonstrations with problem-solving exercises and projects. This course is pending approval as a permanent course.

Advanced Torts (2) Law 145

This course is designed for students who have taken the basic torts course and wish to continue studying important topics of tort law that are either not covered or not covered in much depth in the basic torts course. The course will include products liability, commercial torts, defamation, invasion of privacy, and nuisance.

Agency and Unincorporated Business Entities (3) Law 126

The nature of the principal-agent relationship, including tort and contract liabilities, the principles and problems of partnerships, limited partnerships, limited liability companies, limited liability partnerships, and other unincorporated businesses.

Alternative Means of Dispute Resolution (2) Law 251

Prerequisite: senior standing

This course involves a study of arbitration and mediation as means of resolving disputes. Students will explore the principles of effective arbitration and mediation and have an opportunity to participate in actual problem solving through simulation.

Animal Law (2) Law 158 - Experimental

This course considers the idea of "animal law" or "animal rights." Through an examination of statutory, regulatory, case studies, and proposed legislation, this course provides an overview of nonhuman animals and their "legal" status. The course also considers the philosophical and moral underpinnings of nonhuman animal law. This course will address the interplay of environmental and natural resource laws and nonhuman animals. Finally, the course will examine initiatives addressing the legal rights of nonhuman animals on both the national and international fronts. This course is pending approval as a permanent course.

Antitrust Law (3) Law 252

Restraints of trade, price-fixing territorial and customer limitations, the patent-antitrust interface, refusal to deal, monopolization, tie-ins, patent misuse, requirements contracts, and mergers, with principal focus on the key U.S. statutes: Sherman, Clayton, and F.T.C. Acts, with some attention to state common law and foreign legislation, including the E.E.C. provisions.

Appellate Procedure (2) Law 200

The study of civil procedure aspects of appellate practice, state and federal courts, intermediate appellate level and supreme court level, appellate jurisdiction, preserving points for review, the record on appeal, requirements for briefs and oral arguments, the relief available on appeal, and the organization and administration of the courts of review.

Argumentation Law (3) Law 139 - Experimental

The "argument" permeates everything a lawyer does, whether the lawyer is a judge attempting to persuade the reader of her opinion that her decision is legally sound; a practitioner attempting to persuade judges, juries, opposing counsel, or a client of the soundness of his claims; or a law student attempting to persuade her professors that she can use legal principles and evidence skillfully to reach competent legal conclusions. To understand law, one must understand argumentation. This seminar-style course focuses on 1) types of legal reasoning: hypothesis, generalization, syllogism, and analogy; 2) inference drawing; and 3) argument analysis, argument building, and argument destroying, with the goal of developing this preeminent skill of the legal profession. The concern will be on argumentation in general, on arguments about law, and finally on arguments about facts typically presented in legal cases. The students will analyze their own and other's arguments by identifying the conclusions and the reasons offered in support of that conclusion and make critical judgments about the persuasiveness of the argument. Students will also build, destroy, and improve arguments. There are no prerequisites. Indeed, one could "argue" that understanding argumentation will make all classes in law school more fun and understandable and improve student performance. This course is pending approval as a permanent course.

Art Law (1) Law 229

The class surveys legal and practical concepts relating to protection, acquisition, exhibition and sale of works of art, including: problems regarding copyright, art censorship, moral rights, endowments, and tax implications.

Aviation Law (2) Law 253

The broad spectrum of aviation legal matters focusing on numerous other categorical fields; procedure, administrative law, the law of torts and, to some extent, of contracts and international law. Special federal procedures applicable to aviation disasters, law affecting titles in aircraft, liability for injury to persons on the ground, aviation rights in air space above the land of another, duties of common carriers, the Federal Aviation Administration, the National Transportation Safety Board, the Civil Aeronautics Board, conflict of laws, aircraft piracy, treaties and other agreements, and federal and state jurisdiction.

Banking Law (2) Law 254

The law of commercial banking with special emphasis on banking as a regulated industry; what is the business of banking, the savings and loan (S&L) business compared with the banking business, the history and structure of the American banking system and the federal agencies, the dual banking system: pros and cons, the rise and fall of the Glass Steagall Act, the federal Bank Holding Company Act, failing banks and S&L’s vis-a-vis the FDIC and the RTC, failing safety and soundness considerations and FIRREA, state and federal usury laws and credit card interest limits, increasing capital requirements, and federal preemption of banking laws.

Bankruptcy Law (3) Law 082

Recommended: Secured Transactions

Study of the Bankruptcy Reform Act of 1978, its predecessor acts, other state and federal laws relating to the rights and remedies of creditors and debtors.

Business Franchise Law (3) Law 081

Development of the business franchise as a unique legal and business phenomenon; federal and state statutes, regulations, and cases dealing with the franchisor-franchisee relationship. Areas to be covered include governmental restrictions and preconditions concerning the sale of business franchises, procedures and documents to effect and evidence compliance with state and federal regulations, the rights and duties of franchiser and franchisee under the franchise agreement, remedies of franchiser and franchisee for violations of the franchise agreement, and statutory and regulatory provisions that (a) require certain items to be included in the franchise agreement and (b) prohibit or limit the availability of specific kinds of actions and remedies.

Business Planning and Drafting Seminar (3) Law 205

Prerequisites: Corporations, Income Taxation

This course is taught through the use of problems that frequently arise in business. The following areas of law are discussed and applied to those problems: corporations, partnerships, taxation, and securities.

Children in the Legal System (2) Law 101

Recommended: Constitutional Law I and II, and Evidence

Constitutional framework of juvenile law, allocating power over children between parents and state, school authority, consent to medical treatment, abuse and neglect, foster care, termination of parental rights, failed adoption and custody, adolescence, curfews, emancipation, status offenses, juvenile delinquency, and search and seizure.

Collective Bargaining and Arbitration Seminar (2) Law 255

Prerequisite: Labor Law

The law of collective bargaining and labor arbitration in the private sector including the statutory duty to bargain in good faith; mandatory and permissive subjects of bargaining; impasse and its consequences; judicial enforcement of labor contracts, no-strike clauses, arbitration agreements and arbitration awards; grievance arbitration; successor employer liability, and National Labor Relations Board deferral to arbitration.

Commercial Law in the USA: A Survey (4) Law 230

This course provides a survey of important legal issues in the commercial law of the U.S. Emphasis will be on the contracting process (common law and UCC), payment for contracts (particularly through the use of negotiable instruments), and security for payments (particularly suretyship and secured transactions). The course will also briefly deal with bills of lading and warehouse receipts (with emphasis on the negotiability of these documents) and letters of credit. Though the course will NOT cover bankruptcy, international law, and e-commerce topics, the course will include continuing references to the general importance of those topics. It is highly recommended that students take this survey course only as an introduction to or review of topics already studied in or later to be studied in in-depth commercial law courses. In-depth commercial law courses include [Consumer Law], E-Commerce Law, Payment Systems, Sales Transactions, Secured Transactions, Bankruptcy, International Trade Law, and International Business Transactions.

Comparative Legal Studies (2) Law 256

This course studies various legal systems in the world today. The course examines the nature of law under both common law and civil law systems and focuses on Islamic law, both traditional and modern Chinese law, and the laws of developing countries. The course not only introduces radically different systems but also provides a better understanding of one’s own legal system.

Comparative Trial Advocacy and Litigation: Accelerated (2*) Law 192

Prerequisite: Evidence

This course focuses on trial advocacy and litigation in a transnational context. The course compares the American system of trial advocacy and litigation with that of another country. Students will conduct simulated trial advocacy exercises using American and foreign laws and customs. Particular emphasis is placed on the legal, ethical, and cultural challenges facing an American advocate in transnational litigation. At the dean’s discretion, the course may be conducted in a foreign country. Possible host countries include Ireland, Great Britain, Scotland and Australia. (This course is not open to students visiting from another law school.)

*In addition, students may enroll in an optional one-hour independent study component.

Compensation Law: Taxation and Other Legal Issues (3) Law 144

This course will explore how businesses pay compensation to individuals in exchange for services, especially in relation to the following legal issues: (1) how the federal Internal Revenue Code affects the taxation of that compensation to both the individuals and to the business; (2) how publicly traded companies must disclose compensation packages (especially to executives) to their shareholders; (3) how businesses must comply with minimum wage and other labor laws; and (4) how businesses can be liable for discriminatory compensation policies and actions. In addition, as the market for independent legal counsel to compensation committees has exploded in the past few years, we will explore the best legal practices for sound corporate governance resulting from the Sarbanes Oxley Act of 2002. No prior knowledge of federal tax, labor, or securities law is required for this introductory course.

Complex Litigation (2) Law 261 - Experimental

Complex Litigation analyzes selected topics in federal civil litigation. Topics include (but are not limited to) the nature of complex litigation, joinder and structure in complex cases, large case discovery, class actions, and judicial control of complex litigation. This course is pending approval as a permanent course.

Computer and Video Gaming Law (2) Law 221 - Experimental

The seminar will begin with a brief history of the video game industry and then turn to some of the most important legal topics facing it, with a special focus on intellectual property issues. We will cover, for example, the application of copyright law to games, both in terms of the underlying code and the audio-visual elements seen and heard by players. We will also discuss the scientific research on the effects of computer and video games on players—mainly the effects of video game violence—a topic which naturally leads to legislative efforts to regulate the content and distribution of games. We will discuss the First Amendment implications of doing so. Some of the other topics to be covered are the right of publicity as it relates to games and product liability for the effects of games. With one small exception, the regulation of gambling will not be covered. This course is pending approval as a permanent course.

Conflict of Laws (3) Law 128

The course addresses traditional and modern approaches to choosing applicable state law in civil controversies that have multistate connections and the applicable law when federal as well as state interests are involved. The course reviews the law governing the recognition and enforcement of judgments in states other than those in which the judgments were obtained and relevant issues of jurisdiction.

Constitutional Civil Rights Seminar (2) Law 207

Prerequisite: Constitutional Law

The Bill of Rights; the 13th, 14th and 15th Amendments to the U.S. Constitution and their implementation; survey of the 19th- century background, as well as recent developments in equal protection and discrimination problems; “benign quotas” in education, employment, and housing; recent civil rights litigation; study of pertinent provisions of the Illinois Constitution of 1970 as they relate to civil rights.

Constitutional Law Seminar: The First Amendment (2) Law 208

An analysis of the First Amendment. Subjects include freedom of speech, freedom of the press, freedom of assembly, and the penumbras that give these freedoms life and substance. The Establishment and Free Exercise clauses will also be studied.

Constitutional Theory (2) Law 293

This seminar will begin with an inquiry into the proper role of the Court in adjudicating constitutional questions. Next, the focus will shift to what it means—or what it should mean—to interpret the Constitution. During this segment of the course, an articulation and assessment of the various theories of interpretation (textually based theories, originalist theories, theories based on structural reasoning, notions of federalism and separation of powers, theories espousing the use of moral reasoning and value choices, constitutional adjudication, and antiformalist theories) will ensue. The course will also include an inquiry into the nature of constitutional judgment and its relation to political or moral judgment.

Corporations (3) Law 130

Recommended: Agency and Unincorporated Business Entities

The structure and characteristics of the modern business corporation, advantages and disadvantages, promotion and organization, how corporations act, authority and fiduciary obligations of management, proxies, consequences of unauthorized corporate action, separation of control from ownership (voting trusts, pooling agreements and agreements limiting discretion of directors), shareholders’ suits, determination of financial position and operation of controls over distribution or disbursements to shareholders, violation and shifting of such controls.

Counseling and Negotiating Seminar (3) Law 210

Prerequisite: Completion of 45 hours

This course focuses on the counseling and negotiating process. The lawyer’s relationship with his or her client is explored, and the nature of the lawyer’s responsibility and the interaction between lawyer and client in the negotiating and settlement process are examined. In addition, students study the negotiating process, are exposed to negotiating theory and participate in actual negotiation problems inside and outside of class.

Criminal Procedure: Police Investigation (3) Law 212

Constitutional analysis, with emphasis on 4th, 5th, 6th, and 14th Amendment issues, including overview of the criminal justice process; police interrogation practices; the right to counsel; the law of arrest, search, and seizure; electronic eavesdropping; entrapment; self-incrimination; lineups; and the exclusionary rule.

Criminal Procedure: Adjudication (2) Law 213

Constitutional and statutory analysis, with emphasis on pretrial, trial, and post-trial proceedings. This course will cover the charging stage, bail, jurisdiction and venue, the preliminary hearing, the arraignment, the grand jury, joinder and severance, pretrial motions, discovery, speedy trial, plea negotiations, fair trial and the media, change of venue, trial rights, double jeopardy, sentencing, post-conviction remedies, habeas corpus, and appeals.

Cultural Property and Museum Law (2) Law 146/IP446

Cultural Property and Museum Law is designed to educate the student to the numerous federal and state laws affecting cultural property and the preservation of heritage resources in the United States, and the role and legal problems of museums in the management acquisition and protections of collections of cultural property.

Current Legal Issues (1-3) Law 287

This course focuses on current issues and contemporary problems in a given area of the law. Its goals are to analyze important developments in a particular area of law and to help students develop a deeper understanding of that area. Before registration, the registrar will publish the area of the law the course will deal with and the number of credit hours to be given in that semester. The course may be offered for one, two, or three credit hours.

Disability Law (2) Law 204 - Experimental

This course will give you a look at what "Disability Law" is, including what is a disability, how to deal with clients and others with disabilities, the appropriate terminology to use in discussing disability, as well as laws like the Americans with Disabilities Act, Rehabilitation Act, IDEA, and IHRA, as well as other litigation and human resources topics. It is designed to give you a working knowledge of disabilities and disability law no matter what field of endeavor you choose to pursue. Evaluation will be based on interactive simulations (disability hearing, student IEP conference, IDHR fact finding, reasonable accommodation conference, and negotiation) as well as written work. No prerequisite required. This course is pending approval as a permanent course.

Domestic Violence Law and Practicum (3) Law 276 - Experimental

This course provides an in-depth, interdisciplinary, and clinical approach to the problem of domestic violence. The course will focus on what is domestic violence, its impact on individuals, families, and society, and the community's response to domestic violence, including a study of the federal and state laws that attempt to protect victims from domestic violence. Based upon your assigned readings, and your interactive class discussions with guest lecturers (such as psychologists, social workers, attorneys with the State's Attorney and Public Defender's offices, judges, and other professionals who work with domestic violence victims) who will provide their perspectives from their experiences, you will critique the legal responses to domestic violence. You will also be empowered to become an advocate on behalf of victims of domestic violence by learning how to obtain temporary and plenary orders of protection through training sessions, observations, simulations, and by actually representing victims at the Domestic Violence Legal Clinic (if you are eligible for and obtain a 711 license; if not you will provide other legal assistance to the clinic that does not require a 711 license). The class will meet once a week at John Marshall for two hours during the first 10 weeks of the course to discuss the assigned readings for the course, and then again in week 14 to share with the class your "reflections" papers and "reform" paper. Students will also devote a total of approximately 40 hours during the semester at the clinic as follows: beginning in week 3 until week 10 for training sessions, observations, and simulations, and from weeks 11-14, engaged in the representation of clients. Please see the course syllabus for more details. This course is pending approval as a permanent course.

Economics and the Law (2) Law 259

An introduction to important micro-economic, public choice concepts having wide applicability in law. Property, contracts, torts, and remedies cases are subjected to economic analysis. Students will also study the behavioral implications of alternative legal doctrines and policies. The course does not assume a prerequisite level of economic knowledge. The concepts are introduced gradually and applied to a series of increasingly sophisticated problems.

Elder Law Seminar (2) Law 258

Prerequisites: Estates and Trusts I

The course covers the legal issues that face the aging population in the United States and worldwide, including health care matters for the elderly, pension and retirement benefit plans, estate planning, and matters relating to the interests of family members.

Employee Benefits Law (3) Law 216

This course will survey the labor, employment, and tax rules affecting employee pension and profit sharing plans. By providing an overview of the framework of rules governing such plans, students will learn the basic tax, legal, business, and other issues that specifically affect retirement plans and participants’ rights under such plans. Larger public policy issues to be discussed include the struggles of Social Security to remain solvent, the problems of aging and health care, retirement security and women, and changing retirement patterns. The course will also discuss other types of employee benefit plans, such as health and welfare plans and executive compensation plans.

Employment Discrimination (3) Law 275

Basic concepts, procedural problems, administrative processing, defenses, and remedies in the law of employment discrimination, with special emphasis on Title VII of the Civil Rights Act of 1964 and discrimination on the basis of age or disability.

Employment Law (2) Law 272

Statutes, regulations, and cases dealing with a number of legal rights and concerns of employees and employers. Areas to be covered include: (a) worker’s compensation law and practice; (b) labor standards legislation, such as wage-and-hour laws (e.g., Fair Labor Standards Act–FLSA, public contract “prevailing wage” requirements); health-and-safety laws (e.g., Occupational Safety and Health Act–OSHA); and an introduction to pension-protection laws (e.g., Employee Retirement Income Security Act–ERISA); and (c) wrongful discharge and at-will employment. (The law involving employment discrimination and labor relations is covered in other specialized courses.)

Entertainment Law (2) Law 215

Legal considerations that affect the publishing, music, recording, live theater, motion picture, and television industries; special emphasis on laws regarding defamation, right of privacy and publicity, copyright, and unfair competition as they affect the various entertainment industries.

Environmental Law (3) Law 260

Consideration and analysis of federal and state statutes; regulations and relevant judicial and administrative decisions with respect to major environmental control areas including air, water, solid waste, and noise pollution abatement; radioactive emission; National Environmental Policy Act; significant land planning legislation; the interrelation between federal and state legislation and areas of responsibility.

Estate Planning and Drafting Seminar (3) Law 231

Prerequisites: Estates and Trusts

Integration of the law of property, as studied in: Property, Taxation of Estates and Trusts, Estates and Trusts I. Comprehensive property settlements and estate plans, with emphasis upon the drafting of wills and various types of trust agreements.

Estates and Trusts (3) Law 131

Prerequisite: Property

A course in the law of wills and intestate succession, and the basic law of trusts; disposition of property during life or at death by means of wills, will substitutes, and transfers in trust; the requisites of valid instruments; the duties of executors, administrators, and trustees; and the rights of beneficiaries.

The Fair Housing Clinic (1-4) Law 221, Law 222, Law 223, Law 224

The law school operates The John Marshall Law School Fair Housing Clinic, an “in-house” clinic devoted to representing individuals who experience unlawful discrimination in the sale or rental of housing units. For a description of the course, see page 15.

Fair Housing and Fair Lending Law (2) Law 133

This course includes the study of federal, state, and local laws pertaining to discrimination in housing and lending. In addition to dealing with the theoretical legal problems presented by the fair housing and lending laws, the course will emphasize the practical aspects of handling a fair housing case from the initial interview through appeal. The course is highly recommended to students who are interested in specializing in federal civil litigation. The course is a prerequisite to participation in Fair Housing and Fair Lending Litigation.

Family Law (3) Law 104

Legal problems concerning the validity of antenuptial agreements; marriage, dissolution of marriage (divorce), declarations of invalidity (annulment), legal separation (separate maintenance); rights and duties of husband, wife, parent, and child; legitimacy and illegitimacy; adoption; adjustment of rights in divorce, including “fault” and “no fault” doctrines; property rights, including marital and non-marital property doctrines; maintenance (alimony); child support; child custody and visitation; legal status of infants; conflict of laws and constitutional law problems in family law context; and remedies to prevent domestic violence.

Federal Criminal Law (3) Law 219

Prerequisite: Criminal Law

This advanced criminal law course covers federal substantive criminal law, including such specialized topics as organized crime, wire fraud, mail fraud, bank fraud, and other white-collar crime; RICO; drug offenses; tax offenses; and political corruption. The course will also present an overview of federal criminal enforcement resources and examine bases for federal criminal jurisdiction.

Federal Courts (3) Law 134

Prerequisite: Civil Procedure I and II

Recommended: Constitutional Law I and II; Remedies

Sources of federal jurisdiction, Supreme Court review of state cases, civil cases in federal courts, jurisdictional and procedural matters, federal habeas corpus, appellate review, and certiorari.

Food, Drug and Cosmetic Law (3) Law 106

History of federal legislation, the federal statutes; jurisdictional requirements; current status of the law covering adulteration, labeling, advertising, and compliance; administration procedures; seizures (including multiple seizures, consolidation and trial of libels); injunction, criminal actions and penalties; and food, drug, and cosmetic standards.

Gaming Law (2) Law 234

The gaming industry has become one of the most stringent and highly regulated industries in America. Using existing texts, as well as current opinions and pending cases, this course will look at several areas relating to legalized gambling, including: restrictions on broadcast advertising, Internet gambling, Native American gambling, cruises to nowhere, specific tax issues of concern to the casino industry, debt collection, and trademark/copyright issues such as slot machine games, i.e. Wheel of Fortune, Monopoly. The course will also look at lotteries and sweepstakes.

Health Fraud Law (2) Law 157

This course addresses the legal issues of fraud and abuse in the delivery of healthcare. The federal government has targeted healthcare fraud and abuse as one of its top enforcement priorities. We will explore the types of activities that put health care providers at risk and the major federal criminal and civil statutes that are used to fight healthcare fraud. Finally, we will address the development of a small group and solo-practitioner compliance programs. Compliance plans are individualized internal procedures and oversight for medical practices that promote adherence to federal program requirements.

Health Law (2) Law 115

This course will explore the law’s reaction to new and unprecedented developments in medical and biological science, both in terms of how the law seeks to regulate medical practices and also how the “new biology” requires rethinking and development of legal principles. Topics may include such issues as genetic engineering, definitions of death, euthanasia, abortion, medical experimentation and allocation of scarce medical resources, etc.

History of the American Legal System (2) Law 262

The study of the evolution of the American legal system, including the status of the English Common law system as it was inherited during colonial times and proceeding through those steps leading to the establishment of the Republic; thereafter the history of the American legal system is undertaken with emphasis on the historical framework of leading areas of legal development including the history of legal education and the evolvement of the practice of law.

History of English Law (2) Law 263

The development of the early common law, emphasis on the real actions and other procedural methods of protecting rights in real property, and inquiry into the way in which the primitive law developed and reasons for that development.

Human Rights in a Changing Society: Lesbians, Gay Men, and the Law (3) Law 168

This seminar explores the legal regulation of sexual orientation and gender identity. It begins by examining historical views of sexual orientation and the myriad effects that religion, culture, science, and politics have had on sexual orientation law. The seminar then surveys employment discrimination and other legal issues related to sexual orientation and gender identity.

Illinois Civil Procedure (3) Law 177

This course is designed to immerse the future practitioner in all aspects of Illinois Civil Procedure, such as the structure of the Illinois court system, personal jurisdiction, venue, statutes of limitation, parties, pleading, motion practice, discovery, relief from judgments, appeals from the standpoint of the trial court, res judicata, and civility in the practice of law. Court decisions, the Illinois Code of Civil Procedure, and Supreme and Circuit Court Rules are emphasized by way of the casebook method.

Images of Law in Film (2) Law 167

This course examines representations of the law and lawyers in film. As part of the course materials, you will view several films that deal with the law. The course meets twice a week. In the first class meeting, we will view a film (this can take anywhere from 90 minutes to 2 hours, depending on film length). For the second class meeting, we will discuss the film and the course readings. Topics of inquiry and discussion will include, among others, parallels between law and film as storytelling systems, how popular ideas of law intersect with popular ideas of justice, the role of interpretation in constituting legal and cultural meaning, cultural narratives about law school and the legal profession, and the manner in which film images of law reflect cultural values, fantasies, and myths, with some attention given to narratives of race and gender. Your final course grade will be based on class participation, one short paper, and one long paper.

Immigration Law and Procedure (2) Law 107

A study of the immigration, nationality, and naturalization laws of the United States. The topics discussed are the immigrant selection system, issuance of immigrant and non-immigrant visas, grounds for inadmissability and relief therefrom, grounds for removal and forms of relief from removal, adjustment of status, problems of refugees and asylum procedure, administrative procedures, and administrative and judicial review.

The Impact of the Holocaust on the Law (2) Law 202 - Experimental

The basic approach in the course will be to focus on the lawyers, to view things from a practitioner's perspective. There will be an introduction to the Holocaust, to the Weimar Constitution and its troubles, and to the law under Hitler. Having won the war, what legal problems were faced by the Allies in dealing with the Nazis? The various legal theories and strategies considered by the prosecutors and the defendants and how the Court dealt with those issues and arguments. Subsequent US trials in Germany and Japan; and trials by the German and other governments will be looked at. Since Nuremberg the law developed in four directions: international human rights, international criminal law, humanitarian law, and, specifically in the US, civil liability under, e.g., the Alien Tort Claims Act. The development, evolution, and current status of the substance of the law and the institutional framework of each of their strands will be briefly studied, along with truth commissions, reparations, and restitution. Finally, we will look at how future holocausts and genocides can be prevented.
This course is pending approval as a permanent course.

Income Taxation (3) Law 135

Defining gross income (income or gift, income or capital, damages, insurance, discharge of indebtedness, etc.), exclusions from gross income, assignment of income, personal deductions (medical, charitable, alimony, interest, taxes, etc.), personal exemptions, business deductions (ordinary and necessary expenses, depreciation, etc.), minimum tax, sales and other dispositions of property, capital gains and losses, and accounting concepts in taxation.

Independent Research (1-2) Law 041, Law 042

An in-depth study of a subject chosen by the student, consisting of research and a scholarly paper. Approval of the Associate Dean for Academic Affairs and a full-time faculty member is necessary. Open only to students who have completed 59 semester hours.

Not open to students who have taken Independent Research in IP Law (below).

Independent Research in Intellectual Property Law (1-2) Law 289/LL.M. IP 431

The undertaking of a project approved by the program director requiring scholarly independent study which will result in a significant contribution to the law of intellectual property.

Not open to students who have taken Independent Research (above).

Insurance Law (2) Law 109

State and federal regulation; forming the contract; negotiation; formalities and misrepresentation; interpretation of contracts; extra-contractual liability; good faith and fair dealing; liability, automobile, life, and health insurance; multiple coverage; insurable interest; the environment; and intellectual property.

Intellectual Property Licensing (3) Law 195

The course covers implied licenses, express licenses, enforcement of license provisions, title interest in intellectual property, and license transfers.

Intellectual Property Litigation (3) Law 194

Recommended prior coursework: Evidence; Civil Procedure; Intellectual Property Law Survey.

The course will focus on the specific aspects of civil and administrative litigation practice as they relate to the practice of intellectual property law, including patent, trademark, copyright, and trade secret litigation. Topics will include pleadings, motions, and discovery practices related to IP-specific topics; development and use of demonstrative evidence and IP experts; protective orders; and remedies. The course is intended to give students a greater understanding of the fundamental concepts of litigation processes as they specifically relate to intellectual property matters.

Intellectual Property Survey (3) Law 113

Intellectual Property (IP) law concerns the protection of intangible creations of the mind—inventions, discoveries, trade secrets, business concepts, artistic works, computer software, brand names, product designs, and even celebrity images/personae. Lawyers with IP expertise are in high demand in today’s global, information-based legal market. This course will introduce students to the primary legal systems that protect IP (i.e., patent, trademark, copyright, and trade secret law) and the competing policies underlying these laws. The course is intended both for students who are interested in a general overview of IP and as a gateway to more specialized courses in John Marshall’s IP program. No technical background is expected or required.

International Business Transactions (3) Law 190

Business lawyers must increasingly deal with issues that transcend national boundaries. This course addresses issues of private business enterprises investing, producing, and marketing their goods and services in the international marketplace; national and supernational regulation of the activities of such businesses; expropriation and political risks; and policy issues relating to the existence of multinational corporations.

International Commercial Dispute Resolution (2) Law 198

This course explores legal and practical issues relating to the resolution of transnational business disputes through litigation or arbitration. Topics addressed include jurisdiction to prescribe law, jurisdiction of courts, international commercial arbitration, investment treaty arbitration, enforcement of foreign judgments and arbitral awards and the immunity of foreign states in United States courts. Students will also participate in a simulated international commercial arbitration exercise.

International Criminal Law (3) Law 136

International criminal law is among the most rapidly growing fields of the law. New international institutions are generating a vacancy for young professionals at the entry level stage. This course covers the foundations of international criminal law as well as current issues. It includes international aspects of national criminal law, such as jurisdiction and extradition, as well as international prosecutions for genocide, crimes against humanity, and war crimes. Can Donald Rumsfeld be prosecuted by the International Criminal Court for alleged crimes in Iraq? Do the atrocities in Darfur fall within the legal definition of genocide? Can Belgium issue an international arrest warrant Ariel Sharon? These are just some of the issues examined in this course.

International Human Rights Law (2) Law 174 - Experimental

This course introduces international human rights law. It examines the historical origins of human rights law, the substantive international texts and norms, and the international mechanisms that might be used to enforce it. Themes that run throughout the course may include the relationship between rights and duties, changing conceptions of statehood and sovereignty, and responses to terrorism. The course will include consideration of the United Nations human rights system and regional systems such as the European Human Rights System and the Inter-American Human Rights System, as well as domestic enforcement of human rights and the prevention of human rights violations. This course is pending approval as a permanent course.

International Intellectual Property Law (3) Law 294

Organized multinational attempts to establish international norms for intellectual property protection have existed for well over 100 years. Given the intangible nature of the rights sought to be protected, the nature and scope of these rights has been hotly debated. This course will examine the dynamics of international protection as well as some of the most pressing issues faced in continuing efforts to develop international protection standards. Among the topics covered are the underlying theories of international intellectual property protection, the impact of culture and economics on intellectual property rights, the protection of cultural patrimony, neighboring rights, government takings, extraterritoriality and the border problems, and registration, protection, and enforcement issues (including international enforcement of rights). In addition, students will study pertinent treaty regimes, including the Berne and Paris Conventions, TRIPS, NAFTA, and selected EC directives, harmonization alternatives and the special problems of developing and newly emerging market economies. Prior knowledge of intellectual property is helpful but is not required.

International Law Seminar: Classic and Contemporary Issues (2) Law 191

The topic of this small-section seminar will be announced each time this course is scheduled. Students will take an in-depth look at the law relating to major international problems, contemporary or historical. Possible topics include agricultural trade law, international environmental law, international trade in information and services, transnational litigation, and human rights law.

International Trade Law (3) Law 084

This course will provide a basic familiarity with the principles, doctrines, and statutory framework for federal and state regulation of transnational business activities; develop an understanding of legal difficulties, both practical and conceptual, that will be encountered in doing business under two different national jurisdictions; prepare for handling transnational legal problems likely to arise in a typical modern business law practice.

Introduction to Information Technology Law (2) Law 281

This course addresses subjects within the field of information technology law, such as protection of computer software, information access and control, privacy and security, Internet law, and electronic commerce. It is particularly appropriate for students who are preparing to participate on the Journal of Computer and Information Law or who are considering advanced studies in information technology law.

The Judicial Extern Program (1-4) Law 296, Law 297, Law 298, Law 299

Students selected to participate in this program work in chambers with a state or federal judge and assist the judge in the resolution of disputes. Each student works in a capacity similar to a judicial law clerk and is monitored and evaluated by the faculty member in charge of the program as well as by the judge for whom the particular student works. The educational objectives of the course include legal problem solving, legal research and writing, professional responsibility, and legal process.

Labor Law (3) Law 137

The law governing labor-management relations, particularly federal regulation of employers, labor organizations, and employees during union organizational campaigns and collective bargaining. Major topics include employees’ rights to engage in or refrain from concerted activity, employer and union unfair labor practices, representation elections, and the roles of the National Labor Relations Board and the federal courts in administering the National Labor Relations Act and other federal labor laws.

Land Use Control (3) Law 265

Prerequisite: Constitutional Law II

Municipal zoning, changes in zoning, amendments, spot zoning, variance and special exceptions, planned unit developments and modern residential subdivisions, covenants, floating zones, holding zones, state controls, land planning, modern controls of the land development process, landmarks, plat approval and forced dedication, flood plains, and environmental controls.

Law and Diversity (3) Law 141

The course addresses the role of the law in establishing, maintaining, and remedying group-based inequality, exclusion, and oppression within the American social, economic, and political community. The course includes study of the history of group-based inequality, the responses law has made to this inequality, and critiques, such as feminist jurisprudence and critical race theory, of the law’s role in perpetuating such inequality. The course grade is based upon a research paper and an oral presentation.

The Lawyering Process (1-4) Law 030, Law 031, Law 032, Law 033

Students selected to participate in this program work with attorneys in various public or private sector placements. The course examines the issues and responsibilities confronted by new attorneys as they strive to develop skills in their chosen field of practice.

Legal Fundamentals: Review and Test-Taking Skills (3) Law 150 - Experimental

The objective of this course is to enhance the student’s knowledge of certain facets of subjects tested on the Illinois Bar Examination. The course will also focus on test-taking techniques, with particular emphasis on multiple choice and essay questions. The course will also provide students an opportunity to write a performance test. The final examination will be a mini-bar. The course is neither a substitute for any other course in the curriculum, nor is it a substitute for an outside bar review course. Limited to final-semester students. This course is pending approval as a permanent course.

Legislation and Political Thought (2) Law 266

This course recognizes the increasing growth of statutes as a source of American law, analyzing the challenges presented by all aspects of legislation. The topics that will be covered include the political models of the legislative process, representational structures, legisprudence and separation of powers, judicial review, direct democracy and statutory interpretation. Particular attention will be given to both the dominant theories of interpretation, as well as to the traditional techniques for interpreting statutes.

The Litigation Practicum (1-4) Law 277, Law 278, Law 279, Law 280

Students approved for participation in this course will work with various agencies and private lawyers under the guidance of supervising attorneys and the faculty administrator. The development and enhancement of litigation skills is highlighted, with emphasis on identifying and analyzing the litigator’s ethical and professional responsibilities. Students may enroll in the following externship programs: the Lawyering Process, the Litigation Practicum, the Judicial Extern Program, the IRS Externship Program, and Clinical Legal Education in Intellectual Property Law. For a description of the various programs, see page 9.

Local Government Law (3) Law 129

The government structure, function, and intergovernmental relationships; special attention will be paid to judicial and legislative sources of control, home-rule, constitutional limits of selected police powers, the licensing authority, as well as the financing and staffing of local government.

Media Law (2) Law 114

An analysis of the legal principles that affect the electronic and print media. The course covers topics such as the meaning of the phrase “freedom of the press” under the first amendment, access to information, prior restraints, defamation, invasion of privacy, journalist privilege, government regulation of the broadcast media and other topics at the discretion of the instructor.

Music Licensing (1) Law 220

The course provides an overview of music licensing from both a legal and practical perspective. Music Licensing is a broad, complex topic with a language of its own. Students will become familiar with music licensing terminology and will understand the legal rights from which the terms and all music licenses originate. Since music licenses are essentially copyright licenses, those portions of copyright law that apply to music properties will be reviewed, as well as the business contexts in which they are relevant.

National Security Law (2) Law 147

This course focuses on the government’s national security powers: the war power and the problem of separation of powers, the government’s power in emergencies, internal security concerns, access to national security information, and restraints on publications in disclosing of national security information.

Patent Claim Drafting (2) Law 286

Recommended: Intellectual Property Law Planning and Practice

This class is a continuation of Intellectual Property Law Planning and Practice. The workshop will give students extensive practical experience in drafting claims for all areas of technology. Experts will be brought in to give specific instruction on drafting claims for mechanical, chemical, biochemical, electrical, biotechnology, and computer cases.

Patent Clinic (2) Law 239

Under the supervision of a patent practitioner registered to practice before the U.S. Patent and Trademark Office, students will write patent applications for needy inventors. Students will interview an inventor, prepare drawings and a description for a patentability search, evaluate the patentability search results, prepare drawing layouts for a patent application for the inventor, and write all parts of the specifications including claims for the invention. Applications will be filed with the U.S. Patent and Trademark Office. If an office action arrives at an appropriate time, the students will then prepare a response to the office action. Each student will participate in evaluating and perfecting the work of the other students and will submit, for the final grade, their version of the patent application for the inventor.

Patent and Trade Secret Law (3) Law 117

The law of patents, including inventorship, section 102 bars, specification and claims, patentable subject matter, requirements for patentability, filing and prosecution of a patent application, claim interpretation, and infringement and litigation issues. The law of trade secrets, including the definition of a trade secret, the duty of non-disclosure, misappropriation, improper means of discovery, remedies, and the Uniform Trade Secret Act.

Patent Law Planning and Practice (3) Law 290

Planning for efficient economic use of intellectual property, obtaining patent disclosures from inventors, patent search initiation and opinion analysis, preparation of patent applications including claim drafting criteria, analysis of Patent Examiner action and preparation of response, trademark search criteria, analysis and opinion preparation, preparation of trademark and copyright application, patent infringement analysis and opinion preparation, and effective use of intellectual property licenses.

Patent Law: Statutory & Regulatory Fundamentals (2) Law 199

Recommended: Previous patent law coursework and/or experience.

The course is designed for a person interested in the fundamentals of patent law and, particularly, in representing clients before the United States Patent and Trademark Office. The course will track a patent application for an invention from the moment of conception through the U.S. Patent and Trademark Office. The principal laws are covered along with an extensive focus on the legal characterization of “prior art.” The course will study in depth Title 35 USC; the Manual of Patent Examining Procedures, and the Code of Federal Regulations as it relates to patent practice. Claim drafting is also introduced and practiced.

Patent Office Practice (3) Law 197

Prerequisite: IP Survey, Patent & Trade Secret Law, Substantive Patent Law I or II

All aspects of proceedings before the U.S. Patent & Trademark Office, including: the formal requirements of the patent application, communications from the examiner, requirements for restriction, rejection of applications and claims, examiner interviews, appeals from patent office decisions, certificates of correction, and reissue practice.

Payment Systems Law (3) Law 271

Prerequisites: Contracts I and II

This course is a comprehensive introduction to the statutory and common laws that regulate the payment of monetary obligations (exclusive of investment securities). The course will focus on the mechanisms for creating and using paper-based negotiable instruments through the use of checks and promissory notes (U.C.C. Articles 3 & 4 and Regulation CC of the Expedited Funds Availability Act [EFAA]), electronic funds transfers through the use of debit cards and wire transfers (U.C.C. Article 4A and Electronic Funds Transfer Act [EFTA]), credit cards, and letters of credit (U.C.C. Article 5).

Philosophy of Law (2) Law 268

The first half of the course is concerned with the major theories of law, including natural law, analytical jurisprudence, positivism, sociological jurisprudence, and American legal realism. The second half is devoted to selected legal-philosophical problems such as human rights, legal responsibility, nature of rights, civil disobedience, or duty to obey law. These selected problems will be studied in light of the various theories of law surveyed in the first half of the course.

Predatory Lending (3) Law 288

This course has two components—lectures team-taught by experts in the area and the practical application of the material covered in the lectures. As part of the course, students will learn how to evaluate home lending documents for predatory terms; how to counsel borrowers about their rights under federal, state, and local laws that deal with predatory home lending practices; and how to settle disputes and restructure loans using non-litigation techniques. Students will interview consumers, counsel them about the terms of their loans, and discuss their options. Students will also educate Chicago consumers about the issues of predatory lending.

Pretrial Practice in Civil Litigation Seminar (3) Law 235

Prerequisites: Civil Procedure I and II and senior standing. Not open to students who have taken Public Law Litigation.

The study of pretrial practice in civil litigation, including pleadings, motions, discovery devices, pretrial conferences, and orders. Building upon the fundamental concepts of procedure contained in civil procedure, the course is intended to give the student a greater understanding of the theoretical and practical import of pretrial practice, including the role of pleadings and discovery, issues surrounding privileged communications, attorney work-product privilege, and the significance of protective orders. The course provides skills training in the pretrial activities customarily confronted by an attorney including drafting pleadings, discovery materials, proposed pretrial orders and memoranda of law, taking depositions and interviewing prospective witnesses, taking part in hearings on motions, and pretrial conferences.

Products Liability (2) Law 238

Prerequisite: Torts

This course provides in-depth analysis of the theories of liability and doctrines that pertain to claims for damages suffered as a result of defective products, including an advanced study of principles of negligence and strict liability.

Professional Malpractice (2) Law 142

Investigation of principles of professional malpractice law encompassing selected professions (emphasizing the medical and legal professions). This course also analyzes the legislative response in this area and treatment of policy considerations.

Protection of Intellectual Property in a Global/Digital Environment (3) Law 178

The Internet has had a profound impact on the recognition and protection of intellectual property rights in a digital environment. This course is designed to explore the unique interplay between intellectual property rights and the Internet and other digitized formats, in both the United States and internationally. Among the issues to be explored are the impact of digitization on copyright ownership and use, database protection, cybersquatting and other domain registration and use issues, framing, cyberpiracy, Internet business patents, cyber-enforcement, and international regulation of intellectual property rights on the Internet.

Psychology and the Law (2) Law 240

This course explores the relationship between the two disciplines, both of which try to understand and regulate human behavior. Topics will include such issues as personal responsibility for wrongful acts, the legal concept of competence and incompetence, treatment of the mentally ill, the rights of the mentally ill, and voluntary and involuntary commitment.

Public Health Emergency Law (3) Law 165 - Experimental

This course will explore both domestic and international legal structures that govern preparedness for an emergency, whether the emergency is caused by an outbreak of an emerging infectious disease, a bio-terrorism threat or event, a weapon of mass destruction incident, or a natural disaster. The anthrax attacks of 2001, the SARS epidemic of 2003, the threat of an avian influenza pandemic, and the potential for a nuclear-armed Iran--even including natural disasters such as hurricanes and earthquakes--all point to the need for a preparedness system well-grounded in law. As a result, state and local governments, as well as the federal government and international bodies, are debating and enacting new laws and regulations dealing with preparedness issues. The debates focus on striking the balance between private rights vs. public good. This course is pending approval as a permanent course.

Public International Law (3) Law 110

Public international law with emphasis on the sources of international law and municipal law, subjects of international law, sovereignty, objects of international law, international transactions (treaties, torts), war and neutrality, law of international institutions, and the United Nations.

Public Law Litigation (2) Law 241

Prerequisite: Constitutional Law.

This seminar simulates in a structured and supervised way the actual manner in which a lawyer is confronted in practice with a difficult question of public law. Students will be required to interview the client, advise the client on how best to proceed, draft pleadings, conduct discovery, and brief and argue pretrial motions. The course will force the student to confront ethical and procedural problems as well as substantive problems, and to make strategic decisions as well as theoretical judgments. To simulate the experience of working effectively with other lawyers, the class will be divided into “law firms” that will represent the different sides of the dispute.

Public Sector Labor Relations (2) Law 237

Prerequisite: Labor Law

A study of the specialized and rapidly developing law governing public sector labor relations, including collective bargaining, mediation, interest and grievance arbitration, unfair labor practices, bargaining, strikes, fair share fees, and recent developments under the Illinois laws which give teachers, police, firefighters, and other public employees collective bargaining rights. Enrollment is limited to 20. Grades are based on a seminar paper and participation in seminar discussions.

Publishing Law (1) Law 267

The objective of this course is to offer an overview of legal issues as they arise in the publishing environment. The course will examine a range of issues that occur in publishing, including certain aspects of contract and copyright law, but also including trademark law, right of publicity law, Internet law, and First Amendment law. The topics addressed will be approached from two perspectives; one “defensive,” to avoid litigation; and another “offensive,” to build value in the intellectual property that is created by the author and the publisher.

Real Estate Transactions (3) Law 243

Prerequisites: Property I and II

This course introduces the basic residential real estate transaction including the relationship of brokers to seller and to buyer, broker listing agreement, the real estate sales contract, typical real estate financing devices, land surveys, marketable title, title insurance, the Recording Acts, implied warranties in residential sales, seller disclosure requirements, and ethical responsibilities of the attorney in representing the various parties to the transaction.

Recent Illinois Decisions (1) Law 118

A survey of recent decisions of the Illinois Supreme Court and Appellate Courts. Each student will write a casenote on one of the cases discussed in the Court. No law review student may enroll.

Religion and the Law (2) Law 269

Aspects of Western religious belief as they have been inculcated into the English and American legal systems (including an examination of both civil and criminal substantive law) have been affected and have reflected beliefs and precepts taken from Judaism and Christianity. An examination of the church-state relationship as it has evolved to date from Colonial times; issues and cases exploring and defining that relationship on the state and national level in the United States.

Remedies (3) Law 120

Remedial values, goals, and mechanisms; development of equity jurisprudence; equitable principles, maxims, powers, and remedial devices; equitable remedies (including those that operate on the person and those that affect property); equitable defenses (including estoppel, laches, fraud, mistake, and hardship); enforcement of decrees and judgments (including contempt); restitution and unjust enrichment; remedies for injuries to the person; remedies for interference with property interest; remedies for injuries to intangible business and personal interests; and compensatory and punitive damages.

Right of Publicity and Protection of Personality (3) Law 196

This course examines the origin, creation, and protection of publicity and privacy rights in the context of intellectual property issues. Course readings and class discussion are supplemented with guest speakers who have experience with these issues.

Rights of Prisoners in American Law Seminar (2) Law 121

The seminar is divided into two parts. The first will be devoted to a study and discussion of post-conviction rights of American prisoners, the jurisdiction of state and federal courts over cases brought by prisoners, and the remedies available to a convicted person in this country under some state and federal law. The second part will be devoted to a study of the nature of remedies available to a prisoner under U.S. law, the kinds of occurrences within institutions of incarceration that give rise to a cause of action for and on behalf of a prisoner in a state or federal American court, and analysis of recent cases and decisions.

Sales Transactions (3) Law 245

Prerequisites: Contracts I and II

Introduction to Article Two—Sales of the Uniform Commercial Code. Emphasis on documentary transactions, counseling business clients, and statutory interpretation.

Scientific Evidence Seminar (2) Law 246

The course will deal generally with the theory and practice of the use of expert witnesses and the direct and cross questioning of such witnesses. Students will be required to do original work in locating scientific treatises and in preparing themselves to examine specialists in several disciplines. While it is anticipated that most of the course will involve examinations in the field of chemistry and psychiatry, this depends upon the availability of specialists in those fields. An attempt will be made to develop principles that can be applied in the examination of any expert witness. Grading will be based, at least in part, upon classroom performance and papers submitted. Some form of written examination, however, may also be used.

Secured Transactions (2) Law 247

Recommended: Sales Transactions

Study of Article Nine—Secured Transactions of the Uniform Commercial Code; related provisions of the Code and of other statutes, especially the Bankruptcy Reform Act. Practice in planning and drafting.

Securities Regulation (3) Law 248

Recommended: Corporations

Basic law and current problems in the regulation of the issuance and sale of securities, federal and Illinois statutes and decisions, the regulations of the S.E.C. and regulations of the Securities Department of the Secretary of State of Illinois.

Seminar on Selected Topics in Intellectual Property Law (2) Law 295

Prerequisites: Patent and Trade Secret Law, Trademark and Copyright Law

This seminar will cover various topics from all branches of intellectual property law including patents, trademarks, copyrights, unfair competition, trade secrets, and international intellectual property law. Each student will choose a topic, research the topic, prepare a paper, and present the paper to the class. During the first few weeks of class, guest lecturers will speak on current issues and suggest sample topics from each of the main areas of intellectual property law.

Sports Law (2) Law 228

The course will cover the law governing professional sports leagues and players, including: relationships, rights, options, free agency, drafts, player negotiations, arbitration, antitrust, sports as entertainment, and rules governing agents and college athletes.

Taxation of Corporations, Corporate Transactions and Shareholders (3) Law 225

Prerequisite: Income Taxation

Taxation of corporations and shareholders occurring in connection with certain transactions, including corporate formation, distributions, redemptions, partial and complete liquidations, sales of assets or stock, and reorganizations. Also covered are subchapter S elections and the penalty taxes on accumulated earnings and personal holding companies.

Taxation of Estates and Trusts (3)Law 232

A detailed study of federal estate and gift taxation and the income taxation of estates and trusts, and elementary principles of estate planning.

Taxation Seminar: Advanced (3) Law 227

Prerequisites: Income Taxation and Taxation of Corporations

A problem approach combining both individual partnership and corporate income tax problems, written problems and assignment of memoranda simulating the law firm work environment, and substantial research using the various tax materials available. Course limited to 15 students.

Torts Law Seminar (2)

The topic of this seminar will change from time to time to allow the professor and students to explore current topics in tort law. Students will be required to research and draft a paper on a topic of their choosing with guidance from the professor. Class discussions will revolve around the general theme of the seminar and the research projects.

Trademark and Copyright Law (3) Law 124

The law of trademarks including creation and maintenance of trademark rights, registration and administrative proceedings, intent-to-use applications, generic marks, abandonment, infringement, laches and unclean hands, concurrent rights, misrepresentation, and configuration marks. The law of copyright including copyrightable subject matter; the idea/expression dichotomy; compilations and derivative works; computers; pictorial, graphic, and sculptural works; duration and renewal; ownership; publication and notice; deposit and registration; protectable rights; fair use; and remedies.

Trademark and Copyright Law Planning and Practice (3) Law 127

Prerequisite: Trademark and Copyright Law

The planning and practice of establishing, commercializing, and protecting intellectual property assets under U.S. copyright and trademark laws. Students will examine the intricacies of trademark and copyright clearance, selection, registration, and protection, including the preparation of opinion letters, applications, office action responses, and infringement analysis; licensing, securitization, development, and merchandizing deals; due diligence exercises for software acquisitions; advertising review, customs recordation and seizure practice, Internet publishing and service provider agreements, and trademark litigation survey preparation.

Transnational Legal Negotiations: Accelerated (2*) Law 193

This course focuses on legal negotiations in a transnational context. The course examines the theories, methods, techniques, and objectives of legal negotiations as applied to transactions and disputes that arise in a transnational transaction or dispute. Students will conduct simulated negotiation exercises using American and foreign laws and customs; particular emphasis will be placed on the legal, ethical, and cultural challenges facing an American lawyer in negotiating a foreign transaction or dispute. At the Dean’s discretion, the course may be conducted in a foreign country. Possible host countries include Ireland, Great Britain, Scotland, and Australia.

(Not open to students visiting from another law school.)

*Students may enroll in an optional one-hour independent study component

Trial Advocacy: Advanced (3) Law 182

Prerequisite: Trial Advocacy

Designed for students who intend to be trial lawyers. Full preparation and trial of one or more jury trials under the close supervision of the instructor.

Unfair Competition and Trade Regulation (3) Law 273

Economic and legal aspects of competition; the privilege of competition; unfair trade practices including trade secrets, misappropriation, product disparagement, interference with contractual relations, trademark and trade infringement, and false and misleading advertising; Federal Trade Commission jurisdiction and regulation of unfair and deceptive acts and practices; lotteries, gift enterprises; and sales below cost.

Veterans Advocacy (2) Law 105 - Experimental

This course will prepare John Marshall students to understand the theory of veterans law and how to think about the law. It is meant to add to a student's legal education by teaching the skills and values of working with real life situations. This course deals with what it means to be a lawyer in a practical setting while dealing with actual clients. It teaches students the values and expectations needed at every stage from the initial factual intake to technical aspects of representation at the appeals' process. This course provides not only the legal theory on veteran's advocacy but also a way to learn about dispute resolution and litigation. Students will learn about federal agency litigation practice, sharpen their analytic skills, and become confident in their abilities to deal with clients and the courts. This course is pending approval as a permanent course.

Voting Rights and Elections (2) Law 123

This course focuses on voting rights and election law. It deals with topics such as: the right to vote and its historical development, African-American enfranchisement, reapportionment, statistics and other similar evidence in voting rights and election cases, the Voting Rights Act and its current interpretations, campaign financing, electioneering vs. issue advocacy, eligibility for office, ballot access, free speech in the political process, television and radio political parties, and the electoral college.

White Collar Crime (2) Law 218 - Experimental

This course surveys basic issues in federal white collar criminal liability, including conspiracy, mail and wire fraud, RICO, bribery of public officials, entity liability, money laundering, and some procedural issues. This course is pending approval as a permanent course.

Women, Law, and Feminist Jurisprudence (3) Law 143

There will be two parts to this course: historical perspective and application. First, students will study the history of women and the law. The history will include the historical framework for women’s inferior legal status and insubordination, the law’s response, and the role of the women’s movement throughout this history. In addition, students will study jurisprudence, its history, and how feminist theories fit into that history. Second, the students will study how the history, law, and theories apply to various topics particularly affecting or having a differential impact upon women: sexuality, pregnancy, violence, reproduction, marriage, children, family life, employment opportunity, and educational opportunity, to name a few. The course will be formatted as a seminar, with the grade to be based on a research paper and possibly an oral presentation.

Workers' Compensation (2) Law 211

The course is structured to provide students with an understanding of Illinois Workers' Compensation law and its daily practice. The course work provides students with up-to-date knowledge in the fast-paced and evolving field of Illinois Workers' Compensation law. We will also discuss general concepts of workers' compensation across the United States. The course is designed to provide students with the basic understanding of the main issues involved in workers' compensation cases and provide a working understanding of how a case moves through the Illinois Workers' Compensation Commission and into the reviewing courts.

Writing for the Practice of Law (3) Law 151

This course focuses on Illinois Civil Procedure as the basis for the writing problems, but it is not a substitute for the substantive course in Illinois Civil Procedure. The course is intended to be practical preparation for the practice of law, which is oftentimes stressful because of time constraints. To provide experience working regularly under time constraints, during 90 minutes of each three-hour class the students will resolve a problem in Illinois Civil Procedure using a set of prepared materials. The assigned tasks will include objective memos, letters of opinion, and argumentative memos.

Required Offerings
Alphabetical Links:
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Elective Offerings
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