Courses
101 Civil Procedure
Introduction to the rules controlling the litigation of civil cases. Topics may include: survey of remedies, the distinction between legal and equitable remedies for purposes of right to jury; provisional remedies; Erie doctrine; jurisdiction, with emphasis on "long arm" jurisdiction; venue and process; claim and issue preclusion; parties to civil litigation, including necessary parties, third-party practice and class actions; pleading, discovery and motion practice under federal and state rules systems
- Credit: 4 hours
- Offering: Fall
103 Contracts I
Formation of informal and formal contracts; nature and duration of offer; acceptance; mutual assent; general principles of consideration; parol evidence; interpretation; constructive conditions and conditions precedent and subsequent; breach of contract; remedies for breach of contract; impossibility of performance; third party beneficiary; assignment; Statute of Frauds; discharge; accord and satisfaction; novation; illegal contracts. The development of contract law as a cultural institution reflective of general social and political trends. Consideration of the link between the humanities and extant contract law
- Credit: 3 hours
- Offering: Fall
104 Contracts II
Formation of informal and formal contracts; nature and duration of offer; acceptance; mutual assent; general principles of consideration; parol evidence; interpretation; constructive conditions and conditions precedent and subsequent; breach of contract; remedies for breach of contract; impossibility of performance; third party beneficiary; assignment; Statute of Frauds; discharge; accord and satisfaction; novation; illegal contracts. The development of contract law as a cultural institution reflective of general social and political trends. Consideration of the link between the humanities and extant contract law
Prerequisite: Contracts I
- Credit: 3 hours
- Offering: Spring
105 Legal Research & Writing I & II
Fundamentals of legal analysis, research and writing, including analyzing and reasoning using statutes, court rules and judicial opinions, and communicating the legal analysis clearly and effectively to others in writing and in oral argument
- Credit: 2 hours
- Offering: Fall
106 Legal Research & Writing II
Fundamentals of legal analysis, research and writing, including analyzing and reasoning using statutes, court rules and judicial opinions, and communicating the legal analysis clearly and effectively to others in writing and in oral argument
Prerequisite: Legal Research & Writing I
- Credit: 2 hours
- Offering: Spring
108 Property
Law of possession; acquisition of title; estates and future interests in land; adverse possession; easements; servitudes and covenants; landlord and tenant
- Credit: 4 hours
- Offering: Fall
109 Torts
This course examines the civil remedies available to compensate people who have been injured. The course focuses on actions for physical injury, and includes intentional torts, negligence, strict liability, products liability, damages, and wrongful death
- Credit: 4 hours
- Offering: Fall
111 Constitutional Law I
Construction and application of the United States Constitution; allocation of powers between the federal government and the states; allocation of powers among federal executive, Congress, and courts; due process
- Credit: 3 hours
- Offering: Spring
113 Negotiation I
This course offers an introduction to the most commonly practiced dispute resolution processes, including negotiation, mediation, arbitration, and litigation. The emphasis of the course is on theory, with a small percentage of time devoted to practice issues
- Credit: 3 hours
- Offering: Spring
114 Criminal Law
An overview of approaches among the states to the substantive criminal law, crimes and defenses. Includes historic common law distinctions, modern statutory modifications and the Model Penal Code
- Credit: 3 hours
- Offering: Fall
115 Introduction to Business Law: Economics, Finance and Risk
This course introduces students to the study of business law. The focus is on law and economics, finance, risk analysis, and basic accounting. No prior knowledge assumed or needed
- Credit: 3 hours
- Offering: Spring
116 Lawmaking Process
This course reminds students that laws are made by political institutions organized for the purpose of lawmaking. The course is neither about politics nor the interpretive role of courts, but instead shows how the lawmaking process itself is governed by the law
- Credit: 3 hours
- Offering: Spring
117 International Law and Dispute Resolution
This course offers a survey of public international law and dispute resolution. Topics covered include the origins, nature, development, sources, and subjects of international law; recognition of states and governments; treaty interpretations; state and government succession; extradition; human rights; laws of armed conflict; the control of terrorism; the law of the sea; and international cultural heritage law
- Credit: 3 hours
- Offering: Spring
202 Business Organizations
Fundamentals of the various types of business organizations including general and limited partnerships, limited liability companies and partnerships, and corporations. Particular emphasis on closely held corporations and the rights, responsibilities and liabilities of business associates, including agency and fiduciary relationships.
- Credit: 3 hours
203 Corporate Finance
Capital structure and financing. Issuance of stock and payment of dividends. Provisions of the federal Securities and Exchange Act of 1934 on insider trading, fraud, and"tender offers"(take-over bids) of public-issue corporations.
Prerequisite: Business Organizations & Introduction to Business Law or instructor's consent
- Credit: 3 hours
204 Remedies
This course examines the choices available to litigants who seek judicial remedies. Focus is on private remedies, including specific remedies (injunctions, specific performance, writs), declaratory judgments, and money judgments (tort and contract damages and restitution). Subtext of course reveals the interplay between specific and substitutionary relief.
- Credit: 3 hours
205 Labor Law
Role of federal law in labor relations; historical development of labor law; union organization and recognition; duty to bargain collectively; strikes, picketing, and boycotts; administration and enforcement of the collective bargaining agreement.
- Credit: 3 hours
206 Professional Responsibility
Consideration of the ethical problems in the practice of law, the legal constraints on the lawyer's professional conduct, the role of the lawyer in the legal profession and the place of the profession in society.
- Credit: 2 hours
207 Federal Courts
The role of federal courts within the judicial system. Includes federal question and diversity jurisdiction; process and venue; removal of cases from state courts; conflict of federal and state jurisdiction; use of state law in federal courts.
- Credit: 3 hours
208 Family Law
Survey of laws governing marriage and divorce. Includes jurisdiction; consequences; economic relations; alimony, support and separation agreements; status of the child; juvenile court proceedings as they affect child custody and the parent-child relationship.
- Credit: 3 hours
209 Workers' Compensation
Historical development; the compensation principle; the employment relationship; relation of accident to employment; aggravation of injuries; industrial disease; the measure of compensation; rights of beneficiaries; third-party claims; Occupational Safety and Health Act (OSHA).
- Credit: 2 hours
210 Admiralty
Admiralty jurisdiction of federal and state courts and substantive admiralty law. Students will examine whether a claim is governed by admiralty law, and what remedies and procedures admiralty law provides in personal injury and death of maritime workers, carriage of cargo, maritime liens, collision, salvage, limitation of liability and oil pollution.
- Credit: 2 hours
211 Products Liability/Consumer Protection
Survey of the typical products liability lawsuit. Elements of the negligence, warranty and strict liability claims; defenses and damages available under each claim. Examination of policies underlying the various claims and proposed changes in state and federal law.
- Credit: 3 hours
- Offering: Spring
213 Evidence
Judicial notice; real and demonstrative evidence; direct and circumstantial evidence; witnesses; authentication; hearsay; burden of proof; presumption; relevance; privileges.
- Credit: 3 hours
214 Real Estate Transactions
Contracts for sale of land, including remedies for breach. Security devices, including mortgages, trust deeds and land sale contracts. Real estate development, including subdivisions and condominiums.
- Credit: 2 hours
215 Federal Income Tax
This course addresses the federal income taxation of individuals, including the determination of gross income, allowable deductions and the character of gain or loss. Nonrecognition and other common transactions are covered.
- Credit: 3/2 hours
- Offering: fall/spring
216 Legislation
Discovery and use of statutes and legislative materials, including federal, state and municipal legislation in representation and litigation before legislative bodies and the courts; interpretation of legislation; insight into the legislative process and its effect.
- Credit: 3 hours
217 Applied State and Local Government Law
Examination of federal and state constitutional limitations on state and local tax systems and typical state and local fiscal problems and legislative solutions. Oregon materials will be used extensively as an illustrative system. Exposure to Oregon legislative and administrative organizations and individuals is planned.
Prerequisite: Federal Income Tax or taking concurrently
- Credit: 2 hours
218 Insurance
Includes the history and development of insurance law, current principles of contract interpretation, as well as recent issues and developing trends in the fields of casualty, health, life and liability insurance. Close analysis of insurance contract language, critical thinking skills, and public policy analysis will be emphasized.
- Credit: 2 hours
222 Land Use Planning
Overview of the traditional techniques of land use control including zoning, subdivision controls, planned unit developments and growth management controls. Consideration of the comprehensive plan as a limitation on administrative and political discretion in the decision-making process. Examination of the Due Process and Takings Clause jurisprudence of the Supreme Court with respect to land use regulation.
- Credit: 2 hours
223 Environmental Law and Policy
Introduction to environmental law. Includes alternative approaches to the problems of environmental degradation, administrative regulation of pollution, and judicial supervision of that regulation.
- Credit: 3 hours
224 Sports Law
Legal issues relating to professional and non-professional athletics. Includes regulation of college and university athletics; limitations on regulatory authority; representation of the professional athlete; antitrust and labor law developments. Sports injuries, tort liability and workers' compensation. Dispute resolution in the sports industry: negotiation, mediation and arbitration.
- Credit: 2 hours
231 Civil Rights Litigation
Race, racism and American law. Included are construction and application of the 13th, 14th, and 15th Amendments to the United States Constitution, the original civil rights statutes, and modern civil rights legislation. Emphasis on the law's successes and failures in addressing discrimination in housing, education, voting, public accommodations and interracial sex and marriage.
Prerequisite: Constitutional Law I and II (or concurrently)
- Credit: 3 hours
- Offering: spring
233 Disability Law
In this course, we will explore how American society is being dramatically changed by federal and state disability laws. Topics include: anti-discrimination and reasonable accommodation requirements for employees with disabilities; public accommodation requirements for private and government entities; special education requirements for students with disabilities in public and secondary schools; accommodation requirements in post-secondary education; rights of individuals with disabilities in procuring public transportation, health insurance, and other services.
- Credit: 2 hours
234 Trusts and Estates
Basic estate planning and administration concepts. Emphasis on lifetime transfers, wills and will substitutes, trusts, drafting and construction of estate planning documents, and planning for minor and disabled family members, for old age, and for illness and death.
- Credit: 4 hours
235 Community Property
Community property law, with primary emphasis on Washington community property law.
- Credit: 2 hours
237 American Indian Law
Statutory, judicial, and administrative material concerning American Indian tribes and individuals. Included are the historical development of Federal Indian policy; treaties; the trust relationship; tribal sovereignty; civil and criminal jurisdiction; natural resources of tribes; hunting and fishing rights; tribal self-government.
- Credit: 3 hours
- Offering: spring
239 Arbitration: Theory and Practice
This course covers a variety of aspects of commercial and labor arbitration, includes agreements to arbitrate, judicial review of arbitration decisions and the enforceability of arbitration awards, analysis of both the federal and state arbitration acts, and review of federal and state court decisions relating to arbitration. The course will mostly emphasize doctrinal study and court decisions, but will also devote some time to practical skill-building.
- Credit: 3 hours
246 Sales
The law concerning sales of goods. Focus is on Article 2 of the Uniform Commercial Code and related commercial and consumer law. Topics include formation, interpretation, and enforcement of sales contracts; risk of loss; rejection and revocation of acceptance of goods; breach of warranty in commercial and consumer cases; buyers' and sellers' remedies; and issues concerning delivery of good title. Minor coverage is also given to Articles 2A (lease of goods), 5 (letters of credit), 7 (documents of title).
- Credit: 2 hours
248 Health Care Law and Policy
The course considers selected topics related to health care in the United States, with particular focus on issues relating to the financing of health care services and access to such services.
- Credit: 2 hours
249 Employment Law and Discrimination
This survey course examines the law governing the individual employment relationship. Topics include employment at will, judicial exceptions to the at will doctrine, hiring, privacy rights, and conditions of employment. Federal overtime and minimum wage protections are explored as are federal statutes prohibiting discrimination based on race, sex, religion, national origin, age, and disability. Finally the course considers mandatory arbitration as a means for resolving employment disputes.
- Credit: 3 hours
250 Environmental Criminal Enforcement
The course covers both substantive environmental criminal law and the environmental criminal enforcement system, examining the theoretical underpinnings and the practical problems associated with environmental criminal law.
- Credit: 1 hours
251 Advanced Torts
The course will focus on tort theories concerned with injuries to the plaintiff's dignity. These tort theories are sometimes referred to as dignitary torts. In addition to the doctrinal coverage of torts like defamation, privacy, intentional infliction of emotional distress and"moral rights", the role of the First Amendment in shaping and defining various dignitary interests will be examined. The intersection of tort law and constitutional law in other areas, such as police misconduct, also will be explored.
- Credit: 3 hours
252 Constitutional Law II
Study of the following issues arising under the United States Constitution: freedom of expression and association; religion clauses (free exercise of religion; bar on establishment of religion); equal protection clause (suspect and semi-suspect classifications; fundamental rights); state action doctrine; and congressional enforcement of civil rights.
- Credit: 3 hours
255 Administrative Law (Sec 1)
Legal principles governing state and federal agencies. Particular emphasis is placed on the federal Administrative Procedure Act and judicial control of the administrative agencies.
- Credit: 3 hours
255 Administrative Law (Sec 2)
Legal principles governing government agencies with emphasis on the federal Administrative Procedure Act. The small section is taught using problems; the professor evaluates student performance using a mid-term exam, final exam, group project, and class participation. Since the small section does not cover state administrative law, students cannot take it to meet the requirements for the Law & Government certificate.
- Credit: 3 hours
256 Public Policy Studies
Studies the process of policy formation and the tools and methods used to conduct policy analysis. The course examines a variety of policy areas of current interest (such as poverty, health, energy, the environment, urban affairs). Students prepare position papers, diagnosing policy problems and evaluating alternative solutions in terms of their political, economic, legal, and administrative feasibility. This course is cross-listed with AGSM 601.
- Credit: 3 hours
257 Science, Technology and the Law
The course considers a range of relationships between scientific/technological developments and the law, addressing policy and doctrinal ramifications at the domestic and international (cross-jurisdictional) levels. Specific topics will vary from year-to-year, using a mix of issues to identify core characteristics and assess the appropriateness of various approaches to the interactions. Possible topics include: Internet intellectual property (music/video distribution, cybersquatting/metatags, business method patents); medical science (pharmaceutical patenting; regulation of stem cell research, abortion and right to die); privacy (consumer profiling, technological fencing and the right to read, 4th Amendment); jurisdiction/choice of law (conflicts on the global web, harmonization); scientific evidence; evolution as 1st amendment religion (creationism); regulating through scientific method (cost-benefit analysis) and technology forcing; e-commerce issues and antitrust regulation of innovation markets, R & D pooling and standard setting. Students can elect to either write a substantial paper or take a final exam. Papers of sufficient quality can be used to satisfy the 3rd year writing requirement. No scientific or technical background is necessary.
- Credit: 2 hours
258 Trademarks and Unfair Competition Law
The course provides in-depth treatment of trademark and unfair competition law. Coverage includes adoption, registration and enforcement of marks, considering the common law and statutory basis for obtaining trademark rights (with emphasis on the federal Lanham Act, including the Trademark Law Revision Act of 1998 and the Federal Trademark Dilution Act of 1995); categories of marks (the scale of distinctiveness - descriptive, arbitrary, fanciful, geographical, etc.); important aspects of Patent and Trademark Office practice (advantages of federal registration, and how to proceed in opposition, cancellation and concurrent use proceedings); avoiding loss of rights (including abandonment and?naked?licensing); and infringement (the various tests for likelihood of confusion an applicable defenses and remedies). Also studied are jurisdictional problems and their resolution, key treaties for international protection (particularly the European Community Trademark System and the Madrid Protocol), recent Supreme Court cases, Internet domain name issues and unfair competition and related Federal Trade Commission actions.
- Credit: 3 hours
259 Environmental Justice
This course prepares the student for mid-level environmental management and decision making in community, governmental, and industrial employment venues. Topics include public involvement and participation in land use and environmental decisions; the US history of the Environmental Justice movement; Title VI of the 1964 Civil Rights Act; concepts of Risk; Sustainability and Environmental Justice; and the role of communities in environmental decision making. This course also teaches about the law and history of Environmental Justice in the modern day, real world context of public and private environmental decisions.
- Credit: 2 hours
260 Copyright
This a comprehensive introduction to U.S. copyright law, and begins with an analysis of copyright?s underlying policies and theoretical framework. It then examines the substantive and formal requirements for copyright protection, the exclusive rights (reproduction, adaptation, etc.) accorded to authors and copyright proprietors, the fair use defense, issues involving copyright ownership, renewal, duration, transfer and termination of transfers, moral rights, possible Constitutional limitations to copyright holder rights, contributory and vicarious liability (focusing on music file trading and peer-to-peer services like Napster, Kazaa and Grokster), and the Digital Millennium Copyright Act (DMCA).
- Credit: 3 hours
262 Selected Topics in Sports Law
This course considers economic and other perspectives on sports law topics, including sports betting, salary structure, league rules, tournament sports, collective bargaining agreements, drug use and testing, sports violence, and other prominent and contemporary sports law issues.
- Credit: 3 hours
303 Debtor and Creditor
Emphasis on bankruptcy under the Bankruptcy Reform Act of 1978, including liquidation and debtor rehabilitation. Other matters affecting debtor-creditor relations, including judgment liens, executions, attachments, garnishments, fraudulent conveyances and exemptions. Suggested pre-requisite: Secured Transactions
- Credit: 3 hours
304 State and Local Government Law
Considers the sources of local government power, the legal relations between local governments and other governmental entities, and local governments' relations with individuals.
- Credit: 3 hours
308 Federal Estate and Gift Tax
Federal tax treatment of the transfer of property by lifetime gift or at death. A series of problems apply the tax laws to specific fact situations. Includes comprehensive review problem requiring preparation of tax returns for hypothetical client. Introduces basic principles of estate planning for taxable estates.
Prerequisite: Trusts and Estates
- Credit: 2 hours
309 Securities Regulation
Distribution of stocks, bonds, and other securities. Registration requirements, exemptions, and liability under the Securities Act of 1933; related Securities and Exchange Commission Rules; and state "Blue Sky" laws.
Prerequisite: Business Organizations and Corporate Finance, or consent of instructor
- Credit: 3 hours
313 Private International Law
Problems arising when significant aspects of a dispute transcend a single state or country. Topics include choice of law; constitutional and international legal limitations on the competence of state courts; jurisdiction; change of venue and forum non conveniens; enforcement of judgments; related issues of marriage, divorce, custody and support; and American Indian conflicts.
- Credit: 3 hours
314 Antitrust Laws
Antitrust policy under Sherman, Clayton and Federal Trade Commission Acts. Collaboration in pricing and market-sharing agreements; trade association activities; resale price maintenance; dealer franchises; exclusive dealing; monopolization; mergers and other integrations.
- Credit: 3 hours
315 Intellectual Property
Fundamentals of intellectual property law including trademarks, copyrights, trade secrets and patents.
- Credit: 3 hours
316 International Law and Dispute Resolution
A problem-oriented survey of public international law. Topics include the origins, development, nature and sources, and subjects of international law; recognition of states and governments; treaty interpretation; state and government succession; extradition; the relationship between municipal and international law; authority over land, sea, and space; international cultural property; international environmental law; border disputes; human rights; international organizations; international dispute resolution; the laws of armed conflict; and the control of terrorism.
- Credit: 3 hours
318 International Business Transactions
Public and private aspects of international trade, licensing, and investment. Topics include international documentary transactions; letters of credit; exchange controls; NAFTA and the WTO; tariffs; trade barriers and preferences; duties; import and export controls, trade with non-market economies, ethical issues and the Foreign Corrupt Practices Act; international enforcement of intellectual property rights; foreign investment; double taxation; the European Union; repatriation of overseas profits; and expropriation.
- Credit: 3 hours
320 Comparative Law
A general introduction to the nature of law and legal institutions outside the United States and to the comparative method of studying law. The principal focus is on the civil law tradition in Europe, Latin America, and East Asia and on selected countries characteristic legal structures and processes. The importance of indigenous law traditions in Latin American and Asia may also be reviewed, as well as the American lawyers practical problems in pleading and proving foreign law.
- Credit: 3 hours
325 Juvenile Law
Legal rights and status of children. Rights regarding economic activity, family, school, health care and sexuality. Analysis of key bases for juvenile court jurisdiction: abuse/neglect; status offenses; and crimes. Due process rights in police, court and agency procedures. Issues raised by placement in foster care, juvenile detention facilities, adult jails, and state training schools. Additional rights of special population children: poor, handicapped, migrant, Native American. Students will write a research paper to satisfy requirements for the course.
- Credit: 2 hours
328 Advanced Criminal Procedure
Advanced study in the charging process, pleas of guilty, discovery, effective assistance of counsel, trial by jury and sentencing. The course is an academic seminar. Grade is based on a paper.
- Credit: 2 hours
333 Law and Education
The interrelated interests of child, parent, teacher and state in education. Topics include compulsory education, regulation of private education, church-state conflicts, free speech, and discrimination based on race, sex and handicap. Emphasis on contemporary issues.
- Credit: 2 hours
334 Criminal Procedure
Criminal process from crime to trial. Emphasis upon recent constitutional law cases and current problems: arrest; search and seizure; police questioning; identification; initial appearance; preliminary hearing and release decision; complaint; indictment and information; discovery and disclosure; free press and fair trial; exclusionary rule applications; and plea negotiation.
- Credit: 3 hours
337 Secured Transactions
The law concerning secured transactions in personal property and fixtures (Article 9 of the Uniform Commercial Code). Topics include the scope of UCC Article 9, creation and perfection of security interests, priorities of claimants to collateral, and default and enforcement procedures. Emphasis is placed on the study of the interrelationship of UCC Article 9 and bankruptcy law.
- Credit: 3 hours
338 Payment Systems
The law concerning negotiable instruments, bank deposits and collections (Articles 3 and 4 of the Uniform Commercial Code). Topics include the scope of UCC Articles 3 and 4, negotiation, liability associated with negotiable instruments, holders in due course, the bank collection process, and forgery and alteration. The Expedited Funds Availability Act and Federal Reserve Regulations CC and J, electronic fund transfer systems law, credit card law, and UCC Article 4A (wire transfers) also will be considered.
- Credit: 3 hours
343 Appellate Advocacy
This course focuses on all aspects of an appeal, from actions at trial to seeking review following an adverse decision by an intermediate appellate court. Written and oral skills to be emphasized.
- Credit: 2 hours
345 International Tax
An exploration of the federal income taxation of international transactions. The course focuses on the treatment of United States persons conducting business abroad, including investment by United States persons abroad and the establishment of foreign divisions and subsidiaries by United States companies. The course also considers the treatment of foreign persons living in, or doing business in, the United States. The course also introduces students to the role of United States tax treaties in addressing the taxation of international transactions.
Prerequisite: Federal Income Taxation
- Credit: 2 hours
347 Advanced Criminal Law
Various criminal justice topics, with particular regard to the problematic extension of criminal law into regulating business activity. Topics may include white collar and corporate crime, sentencing, racketeering, money laundering, securities fraud, insider trading, mail fraud, and regulatory crimes, with particular attention to crimes in the organizational context. This course is an academic seminar. Students will learn through independent investigation of mutually interesting topics, intensive academic writing, and the exchange of ideas and criticisms.
- Credit: 2 hours
348 Sustainable Natural Resources Law
This course introduces you at a sophisticated level to natural resources law and policy. We first develop an overall framework for understanding the vast array of natural resources subfields-explicitly considering the substantive goals of the law, the means that may be chosen to implement the substantive goals, how we allocate the power to choose those goals and means, and the processes used to make such decisions. Our framework includes a consideration of the role of law, policy, economics and technical expertise. Next we explore how environmental and natural resources law and policy approaches the problem of nature conservation, sometimes referred to as protecting biodiversity. Then, we examine how environmental and natural resources law structures management of economic resources (e.g. water, fisheries, mineral resources) as well as significant legal doctrines that affect both biodiversity conservation and economic resource utilization (e.g. the public trust doctrine and constitutional takings doctrine).
- Credit: 3 hours
349 Mergers and Acquisitions
This course focuses on state and federal laws related to corporate mergers and acquisitions. Topics covered include acquisition structures, fiduciary duties of corporate managers, target defensive tactics, state anti-takeover statutes, and the federal regulation of corporate acquisitions.
Prerequisite: Business Organizations, Corporate Finance
- Credit: 3 hours
350 Immigration Law
The administrative structure and substantive legal doctrine of immigration law, including the bases for permanent resident alien and non-immigration status; exclusion and deportation, and the international law of immigration; constitutional constraints on the Immigration and Naturalization Service and other governmental agencies; the rights of undocumented aliens, refugees and asylees; and employment rights of aliens.
- Credit: 2 hours
352 Elder Law
Estate planning for the elderly client. Topics covered include an introduction to the aging population and the aging process, delivery of services to the elderly, ethical issues, income maintenance programs (Social Security, Disability and Supplemental Security Income), health care entitlement programs (Medicare and Medicaid), nursing homes and other residential alternatives, guardianships and conservatorships, planning techniques for long-term health care, and health care decision-making. Writing component includes reports on field activities, interview with a "client" and drafting an advice letter, and drafting of guardianship and conservatorship pleadings. Class meets once a week on "flex time" schedule, not exceeding 3 hours for any one session.
Prerequisite: Trusts & Estates
- Credit: 2 hours
354 Patent Law and Policy
The students will learn the fundamentals of U.S. patent law, patent practice, and the governing policy concerns. The course will concentrate on the practical rather than the theoretical, without being of interest solely to technically trained future patent practitioners. The professor will teach by lecture and demonstration with significant student classroom participation. A science or engineering background is preferable but not required.
- Credit: 3 hours
355 State Constitutional Law
State constitutions differ from the United States Constitution and among themselves. The course examines these differences, and how courts and lawyers deal with provisions that do and others that do not parallel federal provisions.
- Credit: 2 hours
356 Water Law
This course emphasizes basic water law for the lawyer-practitioner, focused on quantitative water law, including state allocation and regulation of water, public interest in water use, and the public trust doctrine. Course content will mesh with other natural resource, property and administrative law courses, providing a practical background of how water rights relate to property ownership, land use planning, real estate transactions, and natural resource regulation.
- Credit: 2 hours
358 Comparative Constitutional Law
Examination of recurring constitutional issues by review of legal scholarship and by comparing the constitutions and judicial interpretations of other countries. Considers topics among the following: comparative protections of civil, political and other human rights including freedom of speech and religion and the protection of religious and ethnic minorities; structural issues such as federalism, separation of powers, and the role of the judiciary; and the distinguishing features of socialist constitutions. Coverage includes examination of selected developments in Canada, Latin America, and Southern Africa. Students will make class presentations and write a paper.
- Credit: 2 hours
359 Selected Problems in International Law
This course will examine a range of current issues at the intersections of the environmental and cultural heritage, human rights, international economics and sovereignty. The class will also consider international legal aspects of any late-breaking events that merit attention.
Prerequisite: International Law and Dispute Resolution
- Credit: 2 hours
360 Business Entities Tax
This course will focus on the issues facing the owner of a business at three stages during its life: creation, operation and liquidation. The course will emphasize choice of entity issues, comparing and contrasting the various forms of business enterprise. It will also cover the basics of both partnership taxation (which is also the treatment of LLCs and LLPs) and corporations (including S Corporations).
Prerequisite: Business Organizations & Federal Income Tax or instructor's consent.
- Credit: 4 hours
361 Advanced Topics in Conflict and Dispute Resolution
This research seminar offers students exposure to various perspectives on and approaches to conflict and dispute resolution. These may include approaches from economics, psychology, anthropology, sociology, and political science as well as from law. They may also involve perspectives from comparative and international law. A research paper is required.
- Credit: 2 Hours hours
- Offering: Fall
363 International Environmental Law
365 Latin American Law and Legal Institutions
Semester program in Quito, Ecuador at the Pontifical Catholic University of Ecuador. Fundamentals of the civil code, Ecuadorian procedural and substantive law, and Latin American legal institutions. Limit of two students. Requires approval of each participant by the Dean and the American Bar Association.
Prerequisite: Spanish proficiency
- Credit: Up to 10 hours
372 International Arbitration and Litigation
The course is designed to provide students with a practical understanding of the institutions, processes, rules, and policies that shape litigation and arbitration arising out of transnational disputes.
- Credit: 2 hours
373 Human Rights
This course is a seminar examining international and, to a lesser degree, national human rights issues. It is designed to satisfy the third year writing requirement through the completion of a substantial research paper. The course will include consideration of the historical and ideological origins of the human rights movement, issues of universality versus cultural relativism, and alternative ideological conceptions. The course will survey the basic international and regional human rights agreements and instruments and their enforcement mechanisms. It will consider the status of second and third generation rights, group rights, and collective rights. The course will also examine remedies for human rights violations and the substantive elaboration of selected specific human rights.
- Credit: 2 hours
374 Pre-trial Civil Litigation
A study of the planning, investigation, pleading and discovery lawyers engage in prior to trial and the skills, tactics and strategies necessary to effectively prepare to try a case.
- Credit: 3 hours
375 Wildlife Law
This seminar course will help prepare you for one of the liveliest practice areas today for environmental attorneys. Wildlife law will cover: common law underpinnings; wildlife as property (private vs. public); inter-sovereign relations (state, federal, tribal, international); whaling and fishery law; conservation, including game and habitat protection; and biodiversity in the law, with emphasis on the Endangered Species Act. Two practical writing assignments will be required in lieu of final exam. Class enrollment limited to 19 students.
- Credit: 2 hours
378 German Law and Legal Institutions
Program in International and Comparative Business Law at Bucerius Law School in Hamburg, Germany.
379A Business Lawyering: Policy & Process
The course examines how the United States choice of a market economy and its processes for creating law affect and define appropriate business and legal objectives, strategies, interactions, inquiries and responses. Models and processes for understanding the proper relationship between business and law (as well as business people and lawyers), assessing the merits of related social policy decisions and for effective business-legal collaborative problem-solving are developed, examined and applied in a variety of theoretical, policy and practical contexts. The course is designed so that, although helpful, the 1L business elective is not a prerequisite.
379B Business Lawyering: Case Studies
The course applies the models and processes developed in Business Lawyering - Policy and Process (course 379A) to problem-solving across the range of traditional marketing business decisions: defining product/service offerings, distribution decisions, developing and implementing communication strategies and pricing decisions. The course focuses on a series of case studies, each integrating a specific business fact pattern with related substantive legal materials. Students prepare a client memorandum for each case, offering advice on the appropriate business and legal responses to the particular situation. The course is designed so that, although helpful, Business Lawyering - Policy and Process is not a prerequisite.
380 Selected Issues in Securities Regulation and Corporate Governance
The seminar will cover such issues as developments in the law of insider trading and the disclosure of inside information; the role of gatekeepers of public companies post-Enron (e.g., lawyers, accountants, managers, audit committees and boards of directors); the application of antitrust laws to regulated securities entities (e.g., exchanges); the effect and policies involved in the globalization of securities markets and the planned merger of U.S. and European exchanges; the role and regulation of hedge funds; and current scandals and frauds.
- Credit: 3 hours
381 First Amendment
This seminar will address various topics in First Amendment law involving free speech, assembly, association, press, religious exercise and nonestablishment issues. The Seminar will consider the value and contribution of various forms of expression to our diverse democracy and th rationales for its regulation: e.g., artistic speech; hate speech; religious speech; subsidized speech; compelled speech. Classes will also focus on tensions between rights of access and of private association, religious accommodation versus religious discrimination, and public funding of religious institutions within the context of private schools and faith based charitable organizations. Class evaluation will be through a research paper of approximately 20 pages and class participation. A limited number of students will satisfy their third-year writing requirement.
- Credit: 2 hours
382 Advanced Constitutional Law
This seminar focuses on the structure and processes of governmental decision-making, particularly in executive and administrative agencies. The course examines cases currently pending before the U.S. Supreme Court touching upon administrative structure and process. In addition, the course examines the constitutional and statutory provisions requiring both transparency and accountability in agency decision-making. For example, to what extent must agency policy deliberations be made public? Is confidentiality desirable? Under what circumstances? To illuminate divergent approaches to these questions, the course also examines statutes and decisions regarding state administrative law.
Prerequisite: Administrative Law
- Credit: 2 hours
383 European Union Law
An introduction to European legal integration and its institutional evolution through the era of the European Community and the European Union. This course examines the relevant treaties and legal institutions involved with legislative, executive, and judicial processes, as well as the EUs federal or supranational relationship with its member states. In introducing the common market, we emphasize the free movement of persons and workers including the rights of practice for lawyers. finally we survey specific Community policies concerning equality, social rights, the environment, consumers, civil litigation, and external relations.
- Credit: 3 hours
384 Oregon Administrative Law
This course will concentrate on the evolution of administrative law as it is practiced in Oregon, with special emphasis on practical considerations attendant to a lawyers representation of a client in the rule-making, investigation, and contested case hearing contexts. Students will be expected to become familiar with the governing statutory law found in the Oregon Administrative Procedures Act. At the end of the course, students should be able to identify the administrative law elements of a client problem and, most importantly, determine whether and how it might be possible to resolve such problems without resorting to the contested case process.
- Credit: 2 hours
385 Selected Topics in Constitutional Law and Legal History
This seminar will consider various historical legal controversies and examine their impact on the development of American constitutional law. Likely topics include: use of original intent; slavery and separate but equal; blasphemy; womens legal rights; seditious libel in 18th and 20th centuries; Japanese internment; flag salute cases; school prayer cases; Student will write and present a final paper on a topic of their choosing and do a short critique of a classmates paper.
- Credit: 2 hours
386 Global Sustainability
This course examines the philosophy and practice of sustainability and follows the subsequent development of this approach in resolving post industrial problems. After a brief introduction to ecological ethics and thinking, we begin with its origins in the public international law of environmental protection. Through the analytical lenses of risk analysis, economics, land use law and social sciences, we examine how sustainability can engage and resolve complex, post industrial problems through law and the work of lawyers. Throughout the course, we consider how law can engage solutions, and the role of lawyers in implementing sustainable approaches through law and other social forums.
- Credit: 2 hours
387 Energy Law
Traditional energy law includes private law, price regulation, and other regulatory laws that govern extraction, storage, transportation, and refining of energy minerals (coal, oil, gas, uranium), electrical power generation and distribution, natural gas production and distribution, hydroelectric and nuclear licensing and energy use in industrial and transportation sectors. The class will cover those subjects; however this is not your grandmothers energy law class. The present and future of energy law is changing rapidly, perhaps faster than any other area of law. Energy lawyers cannot simply rely on well-defined bodies of law regarding oil and gas leases, unitization agreements, state public utility regulation, surface coal reclamation, rights-of-way over federal land, and FERC hydroelectric licenses to answer client questions, make convincing legal arguments, and assist their clients in deals. They must understand complex institutional relationships, be able to deal in a fluid legal and policy environment,and have the ability to fluently articulate client interests in terms of public policy goals and regulatory rationales such as economic efficiency, sustainability, supply security, universal affordable access, recapturing unearned monopoly profits, and maintaining ecosystem services. Finally, to avoid themselves becoming fossilized organic matter, energy lawyers must understand the forces driving energy law in the 21st century; rapid scientific and technological advances; geopolitical power shifts and terrorism; the global carbon cycle, global warming, effects of regional climate change, and adaptation; the peak oil debate and other aspects of resource supply dynamics; liberalization and deregulation of energy markets; globalization and multinational corporate behavior; corporate social responsibility, shifting investor expectations and global financier demands; international commitments to alleviate extreme poverty and increasingly dynamic economic growth in India, China, and other major energy markets. Theclass is designed to prepare those who are consider a practice related to energy law, environmental law or natural resources law as well as providing essential background on critical energy issues for all lawyers.
- Credit: 3 hours
388 Sexuality and Discrimination
This course will explore the contemporary legal, social, medical, and psychological issues of sexuality, both from a domestic legal perspective as well as from international vantage points. The focus of the course will be on discrimination based on sexual orientation, considering contexts of employment, family law, education, housing, and immigration. There will also be an exploration of the civil rights of people with AIDS, and the discrimination that attends it in the same contexts as well as in the availability of insurance and medical and dental treatment. Finally, the course will look at the phenomenon of discrimination with respect to pregnancy and related issues. A substantial writing project will be required, and evaluation will be partially based on contribution to class discussion.
- Credit: 2 hours
389 Advanced Topics in Criminal Law: Sentencing Reform and Policy
This seminar explores the modern sentencing reform movement. Topics include the origins and critiques of the traditional sentencing system, the philosophical and policy bases for limiting judicial discretion in sentencing laws, sentencing guidelines and commissions, alternatives to incarceration, organizational sentencing, capital punishment, and the impact of race and gender on sentencing. The seminar compares federal and state approaches to these questions and also examines sentencing in other countries. In discussing the issues, we assess competing models of sentencing and current debates about the proper goals of policing, justice, incarceration, rehabilitation, deterrence and retribution.
Prerequisite: Criminal Law & Criminal Procedure
- Credit: 2 hours
390 Appellate Theory and Process
392 Venture Planning
This seminar provides an introduction to the transactional lifecycle of an emerging growth company, from initial organization and financing through public or private sale. While the focus of the readings and discussions will be on transactions of emerging growth companies and their transactional goals, these will illustrate aspects of transactional practice more generally. This seminar differs from a typical course on venture capital in that the story is told from the perspective of the emerging growth company rather than the venture capital fund.
Prerequisite: Business Organization or a closely equivalent course, subject to approval
- Credit: 2 hours
393 International Childrens's Rights
This seminar focuses on current children's issues being addressed through the formation of an international children's rights legal scheme. Students must actively participate in classroom discussion; prepare on engaging class presentation, moot court argument or debate and complete a high-quality research paper related to international children's rights.
- Credit: 2 hours
394 Biomedical Research
Introduction into how the legal system and biomedicine work in the context of advertising and medical diagnosis. Students will be introduced to some medical and science issues. We will examine how federal law regulates clinical research, paying special attention to Institutional Review Boards, informed consent and confidentiality laws; criticisms of the current scheme, focusing on conflicts of interest. The second half of the course will discuss questions surrounding genetic research, including the meaning of genetic information, legal status of human tissue, how genetic information may lead to discrimination and how the law should regulate genetic information.
- Credit: 2 hours
395 Oregon Family Law Practice
This course will offer students an opportunity to put into practice what they learned in the basic family law course. The course will operate much like a practical skills course, but will focus on Oregon family law, and will include substantial preparation of written work. Students will participate in motions regarding their cases, custody evaluations, mediation and a trial of contested issues. In addition, students will learn how property is divided; child support is determined; what factors are significant in a custody evaluation and how a qualified domestic relations order is created.
Prerequisite: Family Law
- Credit: 2 hours
396 Oregon Criminal Procedure and Practice
Advanced study of Oregon criminal procedure and practice. Emphasis on recognizing and litigating, from trial through appeal, criminal/constitutional procedure issues including self-incrimination, right to counsel, search and seizure, and speedy trial. In this course students will study selected cases and articles, prepare written motions and responses and present oral argument on the motions and responses. Grade is based on class participation and quality of written and oral motion practice.
- Credit: 2 hours
397 Advanced Topics in Law and Government: Detaining and Trying Terrorist Suspects
This seminar will focus on the power of the United States government and more specifically, the executive branch-to detain and try persons accused of plotting and committing terrorist acts, including the hundreds of noncitizens held as "enemy combatants" at the United States Naval Base in Guantanamo Bay, Cuba. Since the terrorist attacks of September 11, 2001, the detention of "enemy combatants" has been the subject of much controversy spawning a wave of litigation that has yet to clarify fully their legal rights.
- Credit: 2 hours
398 Deposition Skills Training
401X Willamette Law Review
Advanced research, writing, and editing of scholarly legal articles. Cooperative work with students, professors, lawyers, and other authors. (Membership primarily by written competition.)
- Credit: 2 hours
404X National Appellate Competition
1 hour first time competing; 0 hours second time competing. Maximum of 1 hour.
409X Spaulding Trial Competition
1 hour first time competing; 0 hours second time competing. Maximum of 1 hour.
415X International Law Moot Court Competition
1 hour first time competing; 0 hours second time competing. Maximum of 1 hour.
418X ALTA Trial Competition
American Trial Lawyers Association trial competition. 1 hour first time competing; 0 hours second time competing. Maximum of 1 hour.
420X Willamette Journal of International Law and Dispute Resolution
Advanced research, writing and editing of scholarly legal articles concerning international law and international dispute resolution. Cooperative work with students, professors, lawyers and other authors. 0 hours first semester; 1 hour second semester. Maximum 2 hours.
422X Negotiation Competition
1 hour first time enrolled; 0 hours second time enrolled. Maximum of 1 hour.
425X Open Appellate Competition
1 hour first time competing; 0 hours second time competing. Maximum of 1 hour.
426X Don Turner Criminal Trial Competition
1 hour first time competing; 0 hours second time competing. Maximum of 1 hour.
430X-433X Moot Court Board
Organization and supervision of the oral arguments for spring semester Legal Research and Writing, and other Moot Court competitions. 0 hours credit.
453 American Law and Legal Research
(German Students only)
470 Independent Research
Preparation of a paper or thesis on a topic selected by the student and not fully covered by the regular curriculum, under the supervision of a faculty member.
- Credit: 1 hours
475 Supreme Court Praktikum
(German Students only) This Praktikum or internship is designed for German exchange students from Bucerius Law School to meet an eligibility requirement to take the German first state examination for jurists. Coordinated in cooperation with the Oregon Supreme Court, students observe, participate in, and write documents associated with proceedings in civil, criminal, and administrative cases at first instance, appellate, and Supreme Court levels. The Praktikum covers equivalent of seven weeks and may begin prior to other fall semester courses.
- Credit: 2 hours
476 Law and Government Practicum
Students are required to engage in a significant research and writing project of an external placement in law and government.
- Credit: 2 hours
478 Externship
Externship is a course providing field learning opportunities in government, nonprofit and corporate practices. The goal of the program is to provide learning about fundamental skills and values of the lawyer within the context of actual legal practice and under the tutelage of wise lawyers.
- Credit: 3 hours
500 LL.M. Orientation Program
518 Ocean Resources
Fisheries management and continental shelf resources; living resource management; non-living resource management (deep seabed mining, alternative energy sources, and outer continental shelf oil and gas); marine environmental protection; and comprehensive ocean management (marine sanctuaries and alternative management regimes).
- Credit: 2 hours
526 Chinese Law and Legal Institutions
Four-week summer program at the East China University of Politics and Law in Shanghai, Peoples' Republic of China. Chinese legal theory; constitutional law; criminal law; criminal procedure; civil law; civil procedure; corporation law; marriage law; taxation; joint venture law; economic contract law; introduction to mediation, arbitration and other means of dispute resolution; international trade and investment law; private international law issues. Classes and extra-curricular events are followed by discussion with Chinese professors, lawyers, and officials.
- Credit: 5 hours
539 LL.M. Writing Seminar
539 LL.M Writing Seminar
Paper on a theme of either international/comparative law or transnational aspects of a specific topic of domestic law. Candidate works with a faculty member in the substantive field of the proposed paper.
- Credit: 2 hours
609 Negotiation
The workshop offers an in-depth study of both the theory and practice of negotiation. The course builds skills and understanding through negotiation simulations, readings, lectures, and written assignments.
- Credit: 3 hours
613 Trial Practice
Preparation of civil and criminal cases; voir dire; direct and cross-examination; opening and closing statements. Each student argues several cases before professors and members of bench and bar of Oregon and Washington.
Prerequisite: Evidence
- Credit: 3 hours
618 Civil Practice Clinic
Students learn about the practice of law in all its many aspects by actually practicing law, with live clients and real cases. Students in the Clinical Law Program learn by doing, while receiving the close supervision and expert instruction necessary to achieve professional excellence in the law. Students assist in the representation of clients in civil litigation and transactions while studying the tasks of the lawyer and the structure of a law firm. Attendance at class sessions is mandatory. Students will select one area of concentration from the following: 618(1) Business Law. Students will work on transactional and litigation matters involving nonprofit entities. This may include helping the organization acquire their 501)(3) status, drafting bylaws and articles of incorporation, and providing legal advice on a continuing basis. 618(2) Tribal Law. Students will work on cases before the Tribal Courts (trial and appellate) for the Confederated Tribes of The Grande Ronde. These cases may involve employment,tribal enrollment, and family dependency matters. Students will interview clients, prepare pleadings, conduct fact-finding, and may appear in court or administrative proceedings. 618(3) Trusts and Estates. Students will assist clients in estate planning matters. This may include, among other tasks, consulting with and advising clients on estate matters, and drafting wills, revocable trusts, special needs trusts, powers of attorney and Advanced Directives. 618(4) Family Law. Students will work on cases involving dissolution of marriage, child custody, child and spousal support, paternity, parenting time, property division, Family Abuse Prevention Act (FAPA) and The Uniform Child Custody Jurisdiction and Enforcement Ace (UCCJEA). Students will interview clients, prepare pleadings, conduct fact-finding, and may appear in court or administrative proceedings. 618(5) General Civil Practice. Students will work on a variety of legal matters, including but not limited to those listed above. Students will interview clients, prepare pleadings, conduct fact-finding, and may appear in court or administrative proceedings.
- Credit: 3 hours
619 Mediation Workshop
This course covers the mediation process from the perspective of the mediator and from the perspective of the attorney or disputant using this form of dispute resolution. Critical issues of neutrality, confidentiality, and qualifications are included as well as specific skills and techniques used by the mediator. In addition, the course covers how to use mediation effectively. The course work is covered using text, class discussion and activities, short papers and role playing.
Prerequisite: Negotiation Workshop
- Credit: 3 hours
633 Contract Drafting
This course is intended to give the third year law student hands-on experience in drafting several forms of commonly used contracts, including contracts for personal services, goods and the sale or lease of real property, as well as ancillary documents, such as letters of intent. Using examples of typical business transactions, the student will learn how to identify and translate elements of such transactions into clear and unambiguous contract terms and conditions. The class will examine the use of standard or boilerplate clauses in contracts, drafting rules and the impact of Article 2 of the Uniform Commercial Code on contract drafting. Students will examine and discuss a range of issues confronted by the transactional attorney during the drafting process, including client expectations, control of drafting, role of the attorney in contract negotiations, and ethical challenges that arise during the drafting process. Students will be paired into teams to provide a realistic environment for negotiating and drafting various kinds of contracts.
Prerequisite: 103 & 104
- Credit: 2 hours
