Course Descriptions

First Year Courses

Lawyering Skills II - #162 - 2 credits
Sec 2 - #162 - 2 credits
Sec 3 - #162 - 2 credits
This course builds upon the skills acquired in Lawyering Skills I by teaching the student to make the shift from objective, predictive analysis to persuasive analysis. Students will further develop their research and analytical skills by advocating their hypothetical client's position through clear written and oral communication. For the first half of the semester, each student will interview a mock client, develop a case,and negotiate a settlement. For the second half of the semester, each student will research and draft an appellate brief and argue it against an opponent in moot court.

Civil Procedure - #182 - 4 credits
This course explores the processes that courts use in resolving civil disputes. It primarily examines the life of a lawsuit, from pleadings through trial, and the jurisdictional doctrines that determine the proper court to hear the action.

Constitutional Law I - #150 - 2 credits
This course introduces students to the constitutional system of the United States and the modes of thought and criticism appropriate to constitutional law. It will provide a broad introduction to the Court's constitutional decisions to ascertain the political values and processes it has defended historically, the standards it has developed to implement its principles, and its relationship to other institutions in the American political system. The course will focus on three major themes of constitutional law: the role of the Supreme Court ("judicial review"), the relationship between the national government and the states ("federalism"), and the structure of the national government ("separation of powers").

Constitutional Law II: Civil Rights and Civil Liberties - #152 - 3 credits
This course introduces students to the constitutional system of the United States and the modes of thought and criticism appropriate to constitutional law. It provides a broad introduction to the Courts constitutional decisions to ascertain the political values and processes it has defended historically, the standards it has developed to implement its principles, and its relationship to other institutions in the American political system. The course focuses on three major themes of civil rights and civil liberties: the right of privacy, equal protection, and free speech.

Contracts I - #120 - 2 credits
An examination of the principles that govern the formation of legally enforceable agreements and promises, with emphasis on private consensual transactions. The focus for this first part of the two-semester Contract Law course is on offer and acceptance, consideration and its substitutes, and to a lesser extent, the Statute of Frauds.

Contracts II - #122 - 3 credits
Study of those promises that are enforceable in our legal system with emphasis on private consensual transactions. Includes discussion of societal limitations upon, and third party interests in, these otherwise private transactions.

Criminal Law - #140 - 3 credits
Analysis of general doctrines of criminal liability and the relationship between those doctrines and the moral and social problems of crime. Includes definitions of principal crimes and defenses to criminal prosecution and consideration of limitations on the use of criminal sanctions.

Lawyering Skills I - #160 - 3 credits
This course is designed to teach the first-year law student the fundamental skills of legal research, analysis, and written and oral communication, as well as introduce the rudimentary principles of the American legal system. Students will learn how to research, analyze, and predict the likely outcome of legal problems and then will communicate their predictions through a number of commonly used legal vehicles, including law-office memoranda. Methods of instruction include lecture, individual and small-group writing conferences, group exercises, and written critique. The course begins before the other first-year courses to provide a foundation for those other courses.

Property I - #130 - 3 credits
This course examines the origins and contours of modern property law in the United States. Major topics include the acquisition and extent of rights in real property (land and buildings) and personal property (everything else), private and governmental limits on owners' uses of real property, methods of transferring interests in property, the nature and extent of current and future interests in real property, co-ownership, and marital interests in real property.

Property II - #132 - 2 credits
This course continues from the fall semester with an examination of the rights and responsibilities of concurrent owners of real property, covenants and easements on real property, contracts for the sale of land, land deeds and titles, and Landlord-Tenant law. Grades will be based on an in-class exam.

Torts I - #110 - 2 credits
Torts I and II cover the essentials of tort law, which is aimed at redressing - in civil actions - harms that are inflicted by one individual (or individuals) upon another. Subjects covered in Torts I include assault, battery, false imprisonment, trespass, and negligence, among others.

Torts II - #112 - 3 credits
This course continues the exploration of tort law, delving into topics such as strict liability, products liability, vicarious liability, joint tortfeasors, wrongful death and survival, defamation, defenses, and damages.

Second and Third Year Courses

Administrative Law - #210 - 3 credits
This course reviews the legal doctrines that empower and constrain the "fourth branch" of government-administrative agencies. Primary emphasis is placed on case law developed at the federal level; state law is covered where it differs substantially from its federal counterpart. Major topics include the creation of administrative agencies, agency use of power and limits on that power, public and individual participation in agency processes, and judicial review of agency action. Grades will be based on a final in-class exam.

Advanced Appellate Advocacy
This course instructs students on advanced appellate advocacy through contemporaneously tracking an actual United States Supreme Court case. Students consider the merits and precedential value of several pending cases and “grant certiorari” to one of them. Students then review the record and briefs of the case and learn about the role of judicial law clerks by drafting a bench memorandum advising a judge on the issues of the case and making a recommendation for its disposition. The class then sits as the Supreme Court, reviews the oral argument in the case as it happens, conferences, and then decides the case through the collaborative drafting of written opinions. Along the way, through readings and classroom discussion, we delve into the appellate process. The federal circuit courts of appeal and state supreme court practice are also discussed. This course satisfies the upper level legal writing requirement.

Advanced Civil Litigation - #298 - 2 credits
This two credit course (for second or third year students) explores problems facing the modern litigator in handling cases of increasing complexity. Topics will include the changing nature of litigation and case preparation, class actions and multi-party lawsuits, supplemental jurisdiction, and the professional and personal consequences of the litigation explosion. There is no prerequisite (except, of course, Civil Procedure). Some course subjects receive bar examination coverage. There is a take-home final examination.

Advanced Commercial Transactions - #299 - 2 credits
In this course we will examine issues arising in the context of commercial and business law which, although they may be touched on in courses such as Contracts, UCC Sales, UCC Secured Transactions, Debtor Creditor, Bankruptcy and UCC Payment Systems, nevertheless deserve more thorough analysis because of the frequency and expanding importance of these issues in commerce and business. Topics include Letters of Credit, Agricultural Debtor-Creditor Law and Agricultural Liens, Personal Guaranty Law, selected problems involving Real Estate Mortgage Foreclosures, Credit Workout Agreements and Restructuring Agreements, Intercreditor and Subordination Agreements, Loan Documentation, Legal Opinions and Legal Diagnostics, and Creditor vs. Creditor (as opposed to Creditor vs. Debtor) Litigation.

Advanced Legal Research - #280 - 2 credits
The Advanced Legal Research class enables students to refine and expand their legal research skills. Topics covered include: North Dakota legislative history, federal legislative history, practitioner's resources, and non-legal resources. Includes Computer Assisted Legal Research (CALR): LexisNexis, WESTLAW, and the Internet.

Airline Labor Relations Law - Aviation #517 - 3 credits
This course is an exploration of the impact and application of the Railway Labor Act and the National Labor Relations Act as they pertain to commercial airline operations in the United States. The role of international labor law, arbitration and alternate dispute resolution, global business trends, federal discrimination law, state labor laws, pension benefits, Chapter 11 bankruptcy reorganization, drug and alcohol testing, application of The Sarbanes-Oxley Act, and technology developments, among other topics, are discussed. The primary focus of this course is on the federal labor statutes, although distinctive state rules and statutes are covered as well. Course requirements will include class participation, small group assignments, a labor negotiation and a final exam.

Agricultural Law - #201 - 3 credits
Study of federal and state statutory, regulatory, and other legal issues concerning agriculture, including but not limited to the acquisition, use, and preservation of farmland; storage and sale of farm products; ownership and sale of farm animals; agricultural cooperatives; and other agricultural matters.

Alternative Dispute Resolution - #281 - 3 credits
A survey of negotiation, arbitration, and emerging methods of alternative dispute resolution. Students will be required to engage in small and large group discussions, simulated negotiations and mediations in addition to regular reading assignments. Students may satisfy course requirements by writing a paper.

Bankruptcy - #282 - 2 credits
The Bankruptcy course is a practical "nuts and bolts" overview of federal bankruptcy law, as overhauled by Congress in 2005 in the Bankruptcy Abuse Prevention and Consumer Protection Act. In the course, we will examine the protections built into the law to protect over-extended debtors from the actions of over zealous and frustrated creditors. We will also examine protections for creditors from each other-i.e., the procedures designed to prevent some creditors from receiving preferences over others. We will also examine the mechanisms by which the debtor is afforded relief and release from over-burdening debt - i.e., the "fresh start" provisions of the Bankruptcy Code and the credit counseling requirements now imposed upon debtors as a pre-condition for their fresh starts. The text for the course, written by instructor Foster, contains an appendix of sample petitions, motions, adversary cases, illustrations, examples, and other real world materials necessary for a basic working understanding of bankruptcy law for the practitioner, whether debtor oriented or creditor oriented.

Business Associations I: Agency and Partnership - #212 - 3 credits
This course represents a basic introduction to business law and how businesses operate. This course is designed for those with no exposure to business at all, as well as those with a business background who need to understand how the law regulates structured economic activity. This course focuses on the law of agency and unincorporated entities, including general and limited partnerships and limited liability companies (LLCs). Agency law governs the rights and responsibilities of principals and their agents (including business owners and their employees), both with respect to each other and with respect to third parties seeking to hold the principal liable in contract or tort for the acts of an agent. Partnership and LLC law govern the protections offered to owners and their rights and responsibilities in such business associations. The rules for formation, operation, financing, and termination of these entities will be covered.

Business Associations II: Corporations - #213 - 3 credits
This course covers the law of corporations, large and small, including where and how to incorporate, the fundamentals of capital structure and securities markets, and the rights and duties of directors, officers, and shareholders. The course will also cover the rights, in some cases, of corporate creditors, including involuntary loss of shareholders' protection from liability for corporate debt (i.e., piercing the corporate veil, alter-ego liability). The course also provides an introduction to basic federal securities laws, struggles for control, and entity combinations (mergers and acquisitions), including takeovers and takeover defenses.

Civil Rights Litigation - #283 - 3 credits
This course is designed to equip students to litigate under the federal civil rights statutes, particularly 42 U.S.C. section 1983. Civil rights litigation has been the subject of intense political and judicial controversy over the last three decades, as it determines what constitutional guarantees actually mean in practice. This course addresses civil rights actions against government officials, both state and federal, and government institutions, such as school boards, prisons, and police agencies. The course examines the theoretical underpinnings of civil rights litigation, as well as practical considerations such as finding the appropriate defendant, seeking effective remedies, and defending against such claims.

Clinical Courses

These courses integrate theory with practice, encouraging students to enhance their critical thinking abilities while developing practical legal skills. Under the close supervision of faculty, Clinic students represent real clients in a variety of cases before state and federal courts. Clinic classes use these real-life experiences to explore larger issues involving the nature of attorney-client relationships, professional values, access to justice, ethical dilemmas, the potential for change in the law, and the impact of society on our clients' lives.

Types of cases handled by the Clinic typically include the areas of housing, employment, domestic relations, and civil rights law. Clinic students represent clients in cases involving unlawful eviction, housing discrimination, unfair employment practices, divorce and custody, constitutional law, and federal and state civil rights violations. Third-year students have the opportunity to appear in court pursuant to the North Dakota Student Practice Rule.

Through representation of clients and participation in the classroom seminar, Clinic students develop skills in interviewing, counseling, legal research and analysis, fact investigation, problem solving, negotiation, written and oral advocacy, pretrial practice, and trial practice. Students reflect upon these experiences in light of issues such as control in the lawyer-client relationship, professionalism, diversity, the role of lawyers in social change work, and other questions related to lawyering and society.

Clinic I: The Lawyers' Work - #440 - 7 credits
This 7 credit graded course examines lawyering skills in the context of the role of a lawyer in the legal system (and in society in general) by engaging students in representing clients in cases likely to involve hearings before state or Federal courts and/or administrative tribunals. Third year students have the opportunity to appear in court pursuant to the North Dakota Student Practice Rule. This clinic focuses on traditional and client centered lawyering roles and in narrowing the gap between law on the books and law in practice. Emphasis is placed upon ethical and professional concerns inherent in the awesome responsibility of having a client. Students develop skills in interviewing, negotiation, case planning, discovery practice, organizing, formal and informal advocacy, trial practice, transactional practice (including business planning), law office management and fact investigation and structuring. Empathy, strategic thinking, decision-making, working across cultures, communication, collaboration, cognition, narrative structuring, observation, generalization from experience and critique of institutions and roles are key conceptual basis for developing these skills. This is a time- intensive endeavor and students should plan on devoting an average of 25 hours a week to clinic activities. Instruction methods include role playing, brainstorming, decision-making, lecture, journaling, web-site posting, discussion, simulation, individual and group supervision with faculty and learning from classmates, clients and community partners. Active involvement in all facets of this educational enterprise is required, and risk-taking and openness to change are encouraged. The matters handled by the clinic are to some extent a product of the collective choice of the clinic group, but have in the recent past, included landlord -tenant, employment, civil rights, public benefits and refugees' issues. Registration is by application to the clinical programs office. There are no prerequisites, but Evidence, Pretrial Practice and/or Professional Visions are recommended. Enrollment is limited and application to the Clinical Programs Office is required. After the start of the semester, all drops or withdrawals require consultation with the instructors. A short orientation program is mandatory and will take place by arrangement several days before the start of the semester.

Clinic II: Lawyers, Social Justice and Conceptions of Lawyers' Roles - #442 - 7 credits
This 7 credit graded course engages 3rd year students in the practice of law under the North Dakota Student Practice Rule. Students in this clinic will work on the same kinds of cases and develop the same skills as described in Clinic I, but lawyering skills are examined through the lens of their effects on social ordering. This clinical program will emphasize the exploration of alternative conceptions of lawyering roles-- including cause lawyering, law and organizing, concerted action, cognitive, therapeutic and collaborative approaches to legal practice. In addition, the skills of community organizing, collaboration, alternative dispute resolution, lobbying, administrative rule-making and class action and precedent setting litigation will be engaged in and discussed. The focus of the clinics' work is on expanding or changing the fabric of legal practice. Registration is by application to the clinical programs office. Instruction methods include role playing, brainstorming, decision-making, lecture, journaling, web-site posting, discussion, simulation, individual and group supervision with faculty and learning from classmates, clients and community partners. Active involvement in all facets of this educational enterprise is required. Risk taking is encouraged, as is creativity and openness to change. Clinic I is prerequisite, and Evidence, Pretrial Practice, Professional Visions and/or ADR are recommended. Enrollment is limited and application to the Clinical Programs Office is required. After the start of the semester, all drops or withdrawals require consultation with the instructors. A short orientation program is mandatory and will take place by arrangement several days before the start of the semester.

UCC III, Commercial Paper - #216 - 2 credits
Uniform Commercial Code III Commercial Paper and Payment Systems explores the law and issues arising in payment systems involving checks, drafts and other negotiable instruments, currency, debit and ATM cards and electronic funds transfers. The course focuses on UCC Article 3 Negotiable Instruments and Commercial Paper, Article 4 Bank Deposits and Collections and the Relationship between Banks and Customers, and Article 4A Electronic Funds Transfers. Beneath the everyday nationwide and worldwide use of checks, ATM machines, bank deposits and withdrawals, internet ordering and payments, lies a huge range of legal issues and problems involving negotiability, forgery, fraud, non-sufficient funds, liability of makers and endorsers, alteration of instruments, stop payment orders, freezes and setoffs against deposit accounts and a host of other items which give consumers, merchants and bankers headaches and which provide brainteasers for lawyers.

Comparative Law - #255 - 2 credits
This seminar brings together the Norwegian exchange students with a limited number of North American law students to explore the method and goals of comparative analysis of law and to enhance cross-systemic understanding. The seminar will begin with an introduction to the major legal traditions of Western law (English and American Common Law, Romano- and Germanic-Civil Law, Scandinavian Law, some treatment of religious and indigenous legal traditions), with an emphasis on philosophy (what goals are the differences designed to achieve) and institutions (political and judicial system structure, including legal education and careers) and the most prominent differences among contemporary aspects of these traditions. After an instructor-directed discussion of the methods of comparative analysis, each seminar participant will present a paper applying the comparative method to a topic of his or her choice. The permissible range of topics will not be limited to Norwegian-American comparison; indeed, those wishing to compare tribal law or the law of other countries with some aspect of U.S. federal or state law are encouraged to do so. The papers written by North American students may be submitted for satisfaction of the UND Law School writing requirement.

Conflict of Laws - #257 - 2 credits
Sometimes known as "private international law," conflict of laws is the study of how an answer to a legal question can be affected by the elements of a problem having contacts with more than one jurisdiction. For those of us living on the border between two jurisdictions (e.g., North Dakota and Minnesota, the United States and Canada), knowledge of this area of the law is crucial to a proper understanding and application of the law, especially the law of tort. The Fall 2006 course will focus on two major dimensions of conflicts of law: (1) choice of law from among several potentially relevant jurisdictions' rules, and (2) domestic enforcement of judgments of "foreign" jurisdictions.

Corporate and Partnership Tax - # 261, 3 credits
This course will cover the taxation of unincorporated business entities (partnerships and limited liability companies), Subchapter S corporations and Subchapter C (i.e., ordinary) corporations. It will cover tax considerations for: selecting a business entity to form when starting a new business or expanding an existing one; the daily operations of business entities; and the termination of business entities by liquidation or sale. This course is an extension of the Income Taxation course (Law 226) in which students will have studied personal taxation (i.e., taxation of income from employment), investments and the operation of sole proprietorships, but not the taxation of business entities. This course also may be thought of as the tax companion to the Business Associations course.

Criminal Advocacy - #296 - 2 credits
Criminal advocacy will again be taught in the first semester by Professor Lockney and Mr. Bruce Quick, Attorney at Law (private practitioner in Fargo and former Deputy Attorney General and earlier Assistant Cass County State's Attorney. As a skills-training course, students should expect that exercises or demonstrations may occasionally last beyond 8:20 P.M. - Students may take criminal advocacy regardless of whether they have taken, are taking, or intend to take trial advocacy. Any student interested in practicing criminal law, however, is well advised to take trial advocacy. The basic trial skills focused on directly in trial advocacy, although unavoidably a part of criminal practice, are not the primary focus of this course. - Prerequisites for this criminal advocacy course are evidence and criminal procedure. Because the course is first semester, contemporaneous enrollment is sufficient. This course is a limited enrollment (15 student) course with priority given to third year students. If more than 15 students sign up for the course, preference will be given to students who have already completed criminal procedure and evidence.

Each week we will focus on a particular part of the criminal process (e.g., preliminary examination, bail, motion hearings) by requiring students to role-play as defense attorneys, prosecutors, witnesses, or judges. Although some exercises may involve parts of a criminal trial, students in this course do not conduct a complete trial which is another reason why students interested in criminal practice are advised to take trial advocacy as well.

The course is graded pass-fail and as a skills training course, attendance is mandatory.

Criminal Law and Jurisdiction in Indian Country - #284 - 2 credits
This two-hour course examines the history of the development of substantive criminal law in Indian country from passage of the original Code of Indian offenses to modern federal and tribal laws designed to address criminal activity in Indian country. The course will also explore the application of federal laws such as the Major Crimes Act, the General Crimes Act, the Assimilative Crimes Act, the federal death penalty, and federal sentencing guidelines in Indian country. The course also invites an examination of the jurisdictional puzzle that exists in Indian country with regard to tribal, federal, and state law over crimes committed within Indian country by examining federal, tribal and state court decisions. Lastly, the course will examine alternative criminal justice methods utilized by Tribes in the lower 48 and Alaska to combat an escalating crime problem in Indian country with an eye toward analyzing the historical antecedents for crime in Indian country. Students will be given the option of submitting a paper on a topic to be approved by the instructor or completing a comprehensive take-home examination.

Criminal Procedure I: Investigation of Crime - #218 - 4 credits
The required course book is F. Miller, R. Dawson, G. Dix & R. Parnas, Criminal Justice Administration (5th ed. 2000) and its 2006 Supplement. This course will cover some Part One of the course book: Investigation of Crime (the exclusionary sanction, constitutional doctrines relating to law enforcement conduct, issuance and execution of arrest and search warrants, detentions of persons and related searches, "warrantless" searches, electronic surveillance, interrogation and confessions, undercover investigations, grand jury investigative functions, and eyewitness identification).

The grade will be based upon an examination.

Criminal Procedure II - #286 - 2 credits
The required course book is F. Miller, R. Dawson, G. Dix & R. Parnas, Criminal Justice Administration (5th ed. 2000) and its 2003 Supplement. This course will cover Part Two of the course book: Prosecution and Adjudication (The Initial Appearance and Detention, Discretion to Prosecute, The Preliminary Examination and the Grand Jury, Right to a Speedy Trial, Competency to Stand Trial, Discovery and Disclosure, Right to an Impartial Trial, Joinder and Severance of Charges and Defendants, Double Jeopardy, Pretrial Hearings and Related matters, Adjudication of Guilt by Plea, Adjudication of Guilt or Innocence by Trial, Effective Assistance of Counsel, Sentencing, and Appeal and Collateral Attack), as time permits. The grade will be based upon an examination. Criminal Procedure I is not a prerequisite.

Debtor/Creditor Relations - #220 - 2 credits
The Debtor Creditor course focuses on the legal relationships between those who owe and those to whom it is owed. This is a very practical course on how to get the money, if you're a creditor's lawyer, and how to shield your client's money, if you're a debtor's lawyer. We cover the full range of debt collection devices, from those not involving the courts (self-help repossession, setoff of bank accounts, dunning correspondence, etc.), to prejudgment judicial debt collection devices (attachment, prejudgment garnishment, replevin, warrant to seize property, receivership, foreclosure trustee and others) through the obtaining of a judgment (by default, confession, by contested litigation) and then on to post-judgment collection devices (locating assets, judgment liens, execution liens, supplementary proceedings, post-judgment garnishment, setting aside fraudulent conveyances, chasing debtors to other states for collection). We also examine criminal law concepts applicable to debtor creditor relations. protection of the debtor from over zealous creditors using exemptions, redemption rights and other protective shields, and we examine creditors with special lien rights, such as UCC secured creditors, mortgage holders, statutory lienholders who improve property, and others. We also examine federal claims, claims of creditors in probate proceedings for deceased debtors, and state law remedies resembling bankruptcy. The text for the course, written by lecturer Foster, includes sample pleadings, motions, and other real world documentation needed for a successful creditor or debtor law practice.

Employment Discrimination – 3 credits
Federal and state laws protect workers from discrimination based on certain characteristics, and require employers to base employment decisions on factors other than, for example, a person’s sex or race. Employment discrimination is an area of law that is applicable in every jurisdiction, to every person who has an employer, owns or operates a business, or is looking for a job.  This course will cover the major federal statutes, and time permitting, state statutes and common law theories, upon which litigants suing for adverse employment actions can rely.    The course grade will be determined by the student’s performance in writing a scholarly paper on a pertinent employment discrimination issue, as well as the student’s presentation of that topic to the class.  The upper level writing requirement can be satisfied with this course.

Energy Law and Policy
As one of the nation’s most energy-rich states, the energy industry is critical to North Dakota’s future, economically, politically, and environmentally. This course is intended as a broad introduction to energy law and policy, with a focus on both environmental (including climate change) and economic issues. The course includes a basic overview of how energy is produced, distributed, and sold, and will consider energy pricing and how it is impacted by regulatory, constitutional, and economic concepts. The scope of the course includes dominant energy sources -- oil, natural gas, and coal -- as well as other important sources, including nuclear, wind, solar, and hydro energy. This course is likely to be of particular interest to those with a background in energy and/or environmental policy, but is intended to be accessible for anyone interested in these topics. Grading for the course will be based on a paper (available for a writing requirement) and a short, but comprehensive, final exam. This is a three-credit-hour course.

Entertainment Law - see Media and Entertainment Law

Environmental Law - #263 - 3 credits
This course surveys the major federal statutory programs restricting private and governmental activities that may adversely affect human health and the environment. The course examines the common law origins of environmental law, current regulatory schemes designed to prevent activities from causing excessive environmental harm, and current remedial schemes designed to clean up or remedy environmental harms that do occur. Major topics include the structure of federal, state and Indian tribal governmental power over the environment, air and water quality, and hazardous waste disposal and cleanup.

Estate Planning - #287 - 2 credits
This course examines various problems encountered in the planning and administration of an individual's estate. Included are such issues as the drafting of wills, the use of the marital deduction, lifetime gifts, testamentary trusts, the selection of trustees, valuation problems, apportioning the tax burden, the charitable deduction, deferred compensation plans, and life insurance. Although the completion of the Gift and Estate Taxation course is recommended, it is not required and the fact that you have not taken that course should not prevent from doing well in this one. The course grade will be determined by take-home writing assignments designed to simulate actual work assignments.

Evidence - #222 - 4 credits
An exploration of the rules and principles of the law of evidence, whose objectives include not only facilitating accurate factual determination by the trier of fact, but also furthering other important and sometimes countervailing policies. The role of relevance, hearsay, competency of witnesses, character evidence, opinion evidence, privilege, presumptions, and burden of proof - among other topics - are discussed. The primary focus of this course is on the federal rules, although distinctive North Dakota rules are covered as well. Course requirements will include -- and grading determined by -- class participation, small group assignments, and a final exam.

Extern Class - #556 - 1 credit
This one-credit graded class is required for all students selected for and enrolled in the externship seminar. This class is seminar style and will focus on topics such as: professionalism, confidentiality, time management, negotiations, counseling and other topics. There may be outside speakers from time to time to discuss issues facing practicing attorneys.

Extern Seminar - #555 - 2 & 3 credits
This program offers 2 or 3 credits for students selected as externs at the following placements: Grand Forks County State's Attorney, Cass County State's Attorney, Walsh County State's Attorney, District Court for the Northeast Central Judicial District, JAG and Area Defense Counsel offices at the Grand Forks Air Force Base. Students chosen for this program are required to work the requisite hours at their placement and complete the companion Externship Class.

Family Law - #265 - 3 credits
The Family Law course examines the creation, legal significance and termination of family relationships. We will address a broad range of topics in this course, including: limitations on what relationships are recognized as "marriages"; inter-spousal rights and duties; the divorce process (including grounds for divorce, property distribution, spousal support and child support); alternatives to marriage; custody determinations; grandparents' rights; termination of parental rights; adoption; the ability of parties to contract with respect to their familial relationships; and the role of the State in these relationships. Grades will be awarded based upon a showing of competence in class and on the final examination.

Federal Courts - #267 - 3 credits
This three-credit course (for second or third year students) will examine the special role of the federal courts in the American judicial system, how they differ from the state courts, and basic considerations for bringing federal lawsuits. In particular, the class will explore such questions as: Why have federal courts at all? What kinds of cases can be filed in federal court? Are there certain disputes that should not be handled by the federal court system? How does a litigant merit standing to sue in federal court? What is the relationship between Congress and the federal courts? Can Congress abolish the federal courts, alter their jurisdiction, or create other kinds of courts? What are typical federal court litigation strategies? Some course subjects receive bar examination coverage.

First Amendment - #302 - 2 credits

Federal Indian Law - #204 - 3 credits
This course examines the United States' policies and laws regarding tribal governments and individual Indians. Major topics include: the origin and scope of federal power over Indian affairs, tribal governmental powers, tribal court systems, tribal property rights, limitations on state powers, and civil and criminal jurisdiction in Indian Country. Emphasis will be given to jurisdictional interfaces and conflicts among the three sovereigns.

Health Law - #303 - 3 credits
This course explores the intersection of law and ethics in the field of medicine. The primary focus is patient control of medical decision-making, with a special focus on the right to die and reproductive decision-making. A theme throughout is the conflict between patients' interests and interests of others or of society, which comes to light most strongly in the exploration of organ transplantation and the protections of fetal interests. If there is time, this course will also explore the intersection of ethics and economics in terms of the social right of access to care and the rationing of limited medical resources.

Higher Education Law - #552 - 3 credits
The higher education law course provides a survey of legal issues that college and university administrators face. Taking the legal framework as a foundation to administrative decision-making, the course blends practical considerations such as economic, psychological, philosophical, and sociological factors. For instance, we will pose and advise administrators on consequences of pending legislation in three states that plan to mimic language from Proposal 2 in Michigan, the anti-affirmative action in college admissions referendum. Connecting that discussion, we will debate issues of privilege, bias, and discrimination and question social science research in favor and in opposition to affirmative action. In addition, we will discuss the administrative tensions resulting from the state bills known as the Academic Bill of Rights, which has sparked tension between administrators and state legislators. Infused with that discussion, we will address whether "liberal" indoctrination is pervasive in college classrooms and discuss how far faculty and students can speak freely at various venues and when speech turns into indoctrination and/or harassment/intimidation. Also, we will tackle "new" forms of harassment on-campus in light of Facebook.com and with the presence of other cyber fora as well as discuss various campus safety challenges.
Note: The course is offered in an executive management format, so it only meets for 6 days (Jan 21-22, Feb 11-12, and Apr 15-16 -- Sundays from 3-10pm and Mondays from 8am-4pm).

WORK PRODUCTS
Your grade is calculated primarily on two factors: class participation/preparedness and your final paper. For the final paper, you will produce an individually-authored paper, which will be approximately 10-15 pages. You will work in groups with PhD students on a particular topic to tackle an issue. You are encouraged to share resources/literature; however, the paper is solo authored and you will take different sides to an issue. The idea is to set an environment of interaction, debate, and intellectual support. On the last class day, each group will present papers to a larger audience.

I will work with each group to support you in your legal reasoning, discussion on managerial decision-making, and writing clarity. In addition, some of you may submit your work to present at a professional conference. For those of you interested, I will help you submit your work to the Annual Education Law Association conference, which is a great opportunity to network, highlight your firm/employer, and engage in legal and administrative discussions. Next year, the conference will be at a resort in San Diego, California. For some of you, your firm may pay for your trip and related expenses.

COURSE MATERIALS
If you enroll in this course, you will need to purchase the course materials from the secretary in the Department of Educational Leadership (Room 207 Education Building). The materials will be available for pick-up between December 11, 2006 and January 11, 2007.

Gift and Estate Taxation - #224 - 2 credits
This is the basic estate planning class, which addresses estate planning for families of all income groups, with an emphasis on estate, gift, and incidentally, income tax consequences. This year this course will be completed by October 30, 2006.

Income Taxation - #226 - 3 credit
This course is intended to give students an understanding of the fundamental concepts underlying the U.S. individual income tax. Examination of the concept of gross income and net income, including investigation of what constitutes income, when it should be taxed, to whom it should be taxed, and its character as unearned, earned, or capital gain income. Deductions and their nature as genuine or as artificial deductions are considered in detail. The course will focus on the statutory framework of tax law, Treasury Regulations and Rulings and illustrative judicial authorities.

Indian Child Welfare Act - #205 - 2 credits
This course will combine an academic and historical analysis of the Indian Child Welfare Act with an examination of how native children are treated in the legal system in the child welfare area, as well as other areas (health care, education, and child support enforcement). The final grade will be based upon the students writing a brief for an Indian tribe, Indian parent, adoptive parent, or other party to an ICWA proceeding in an actual case that is being litigated by the Indian Law Center or in other pending cases. Students will have the opportunity during the class to hear from tribal leaders, native persons who have been adopted out, and others about the historical displacement of Indian children from their Tribes and the impact of this legacy.

Indian Gaming Law - #207 - 2 credits
Framed by tribal sovereignty and the federal Indian Gaming Regulatory Act (IGRA), this course examines the substantive law governing Indian gaming, as well as the broader political context of reservation economic development through gaming. The course will examine the history of tribal gaming, substantive provisions of IGRA as well as other pertinent federal, tribal, and state law, and the continuing development of case law, statutory and administrative law, and, of course, politics. Topics include tribal authority, casino-style gaming and tribal-state compacts, socioeconomic effects, regulation, the role of state law, and "off-reservation" gaming. Students also will have the unique opportunity to assist in compiling an Indian gaming law casebook, and the course may include a possible field trip to a tribal casino. In lieu of a final exam, students will be required to write a paper on a topic related to the course.

Insurance Law - #307 - 2 credits
Insurance frequently effects strategies employed in modern litigation and often influences the outcome of litigation. The purpose of this course is to provide a broad-based introduction to insurance law, with a focus on how to read, analyze, and work with insurance policies. The course concentrates on the law governing construction of insurance policies, including analysis of coverage provisions and exclusions, conditions of coverage, the effect of representations, and insurer liability. Although a variety of insurance policies are discussed in the course, particular emphasis is given to insurance policies covering legal liability, as these policies strongly influence litigation strategies in civil suits and are commonly used by businesses as part of their risk-management practices.

International Human Rights Law - #234 - 3 credits
This course will examine the development of international human rights law and its enforcement through international, regional and domestic legal institutions. It will explore the Nuremberg precedent and the principal human rights instruments that followed in its wake, including the Universal Declaration of Human Rights, the Genocide Convention and the Geneva Conventions. It will then examine the creation and functioning of the ad hoc tribunals for the former Yugoslavia and Rwanda as well as the so-called "hybrid" tribunals and the International Criminal Court. The procedural rules of these institutions and the substantive crimes over which they have jurisdiction (primarily genocide, crimes against humanity and war crimes) will be analyzed. The course will also consider the emerging trends toward universal jurisdiction, complementarity, creation of regional human rights law regimes and resort to alternative enforcement mechanisms, including civil lawsuits, proceedings before the International Court of Justice and the use of truth commissions.

International Law - #236 - 3 credits
This course provides an introduction to the system of norms, rules, institutions and procedures that regulates interaction among states, and between states and individuals. Three fundamental areas will be explored (1) the source and nature of international legal rules, (2) the associated international legal processes, and (3) the relationship of these international rules and processes to individuals, organizations, and states. Students will be evaluated based on a paper that will qualify for the writing requirement, a presentation made to the class on the topic of their paper and a short exam covering the material discussed in class. Enrollment is limited to 15 students.

Intro. to Law - #360 - 2 credits
Segments on Contracts, Criminal Law, Constitutional Law, and Torts, taught in customary law school manner to acquaint undergraduates and others interested in exploring a career in the legal profession with law school methodology and legal analysis.

Juvenile Law - #264 - 3 credits
This course will focus on the child, the family and the State with an emphasis on the juvenile court system. This includes: defining the parent/child relationship, establishing paternity, abuse and neglect of children, foster care, criminal abuse and neglect - such as sexual abuse, child pornography, adoption and child delinquency. There will be outside speakers who will discuss first hand experience in the Juvenile Justice system. Grades will be based on a final examination and class participation.

Labor and Employment Law #___ - 3 credits
This course provides an introduction to labor and employment law and covers employment relationships and the related common law and statutory legal rights and duties in both union and non-union settings. The rights and duties of non-union employers are discussed within the context of human resource management, considering employee-employer relationships from application through termination. In the union setting, using examples from key union environments such as aviation, education, and the automotive industry, the course will cover will how and why unions are chosen, methods of employer resistance, the negotiation process, and the administration of the resulting collective bargaining contracts, including arbitration. The course will also discuss self-help devices such as strikes, picketing and boycotts. Finally, course will discuss the processes and ever-changing policies of the National Labor Relations Board, which regulates conduct by controlling unfair labor practices and supervises elections for unions.

Law & Economics - #304 - 2 credits
We will cover basic economic principles so that we are in a position to use those principles and economic tools to evaluate various aspects of the law. At the same time, we will take a critical approach of law and economics, not simply applying economic analysis to particular legal questions but also whether economic analysis is helpful or appropriate in evaluating any given legal question or any legal questions at all. We will apply the economic tools to some of the issues that students have probably covered in torts, contracts and property, such as evaluating negligence rules versus strict liability, asking whether an aggrieved party should be able to recover punitive damages for breach of contract and asking whether a party that is harmed by a nuisance should be allowed to get an injunction or simply monetary damages.

Then as time allows, we will apply economic analysis to a series of topics that arise in current events and evaluate the way market forces should or should not be taken into account and what the result of such market forces might be in formulating public policy in areas such as minimum wage, price controls, anti-trust law, copyrights, rent control etc.

I expect that the class will involve more discussion than lecture and students will be graded upon a combination of class participation and a paper that will be due at the end of the semester. There will be no exam. The course will not involve complex mathematics. There will be no calculus and little or no algebra. There will be some basic charts and graphs.

Law Review - #551 - 1 credit
The North Dakota Law Review is a scholarly journal of commentary on current legal problems of interest to the North Dakota bar and the legal profession generally. Published quarterly, all material in the Law Review is edited by a student board of editors, and much of it is written by students. Students gain experience in legal research and accurate written expression through the preparation of articles for publication. The Law Review is the journal of the State Bar Association of North Dakota.

Media & Entertainment Law - #291 - 3 credits

This course explores the legal landscape of the media and entertainment businesses and the practice of law for those who make deals, litigate disputes, and advise clients in the media and entertainment sectors. We will investigate how the law does and should shape the development, production, and distribution of books, films, television, radio, newspapers, and other forms of media. We will also consider how the law influences journalists, filmmakers, novelists, screenwriters, actors, musicians, other industry players. Substantive areas of law covered will include contracts, privacy torts, defamation, First Amendment law, journalist-source privilege, the Freedom of Information Act, agency regulation, labor law, the private law of important collective-bargaining agreements, and some intellectual property. Part of the course will include exercises in contract drafting and negotiation and, depending on enrollment, oral presentations. The course grade will be based primarily on a final examination, but will also include a class-participation component.

Military Law - #305 - 2 credits
An overview of unique legal issues and systems applicable to the military forces of the United States. Topics will include the military justice system, operations law, the law of armed conflict, international law, homeland security issues and deployed fiscal law. This course is intended as a survey of military law relevant to today's military and world environment, not an in-depth study of one particular topic.

Modern Real Estate Transactions - #285 - 3 credits
Study of the contracting process in real estate transactions; deeds and deed covenants; recording issues; title insurance and abstracts of title; and mortgage loans, foreclosure, and other real estate financing issues.

Moot Court - #553 - 1 credit
The Moot Court Association provides interested students the opportunity to participate in an appellate moot court intra-school competition. During the past few years, members of the Association also have participated in the National Moot Court Competition and various regional competitions. Members of the Association may serve as advisors and judges for first-year students participating in the course in brief writing and appellate advocacy.

Moot Court Board - #552 - 2 credits

Pretrial Practice - #410 - 3 credits
The majority of civil litigation is not resolved at the trial level, but instead at the pre-trial level. Competent pre-trial preparation is the key to a successful civil litigation practice. The course will familiarize the student with pre-trial practices and procedures through a combination of lectures, guest lectures, reading assignments and pre-trial activities in a mock civil case. Students will become familiar with the relevant Rules of Civil Procedure and other pre-trial techniques, including client interviewing and counseling, witness interviewing, informal discovery techniques, litigation planning, expert development and discovery, pleadings, interrogatories, depositions, requests for production of documents and things, requests for admission, pre-trial motion practice, settlement strategies, settlement brochures, settlement conferences, pre-trial conferences, and settlement agreements. The class emphasis will be pre-trial skills development in a mock civil case.

Oil & Gas Law - #217 - 2 credits

Professional Responsibility - #232 - 2 credits
The law of lawyering. Duties owed by lawyers to their clients, third parties, the courts, the profession, and the public at large. The principal focus is on the American Bar Association's Model Rules of Professional Conduct, the legal ethics rules which form the basis of most states' rules governing lawyer conduct, but ethical opinions and caselaw are also studied. Includes also admission to the bar and lawyer discipline. REQUIRED FOR GRADUATION. Grade determined by a final examination at the close of the course. No writing requirement possible.

Professional Visions: Law, Literature, and the Role of Lawyers in the Social Order - #290 - 3 credits
This three-credit course (for second or third year students, with limited enrollment to help ensure a comfortable atmosphere for discussion) will explore the human dimensions of law and lawyering and the nature of professional relationships in legal settings. Through novels, short stories, legal essays, and films, we will discuss what it means to be a lawyer, the special role of lawyers and law in society, and the concrete dilemmas that lawyers face in developing their professional identities, exercising their professional judgment, and fulfilling their professional responsibilities. Examining these issues in a literary context and through other "non-case" sources creates unique opportunities for exploring the human and social consequences of legal action. The course will also provide a forum for discussing issues related to the transition from law student to practicing professional.

Remedies - #209 - 3 credits
This course will review the nature of relief available to parties that have established a substantive right. The subject matter includes: equity and equitable remedies (injunctions and specific performance); principles of damages (general, special and punitive damages); and principles of restitution at law and equity.

Sales-- Uniform Commercial Code I - #214 - 3 credits
This course covers a multitude of issues dealing with sales systems. It includes topics such as contract formation, statute of frauds, privity, warranties, title, and remedies. The main focus of the course is on the Uniform Commercial Code, Article 2. (contracts for the sale of goods) To a lesser extent, the course also covers the Uniform Commercial Code, Article 2A (leases of goods), the Convention on Contracts for the International Sales of Goods, and real estate leases. An in class final exam will be given at the end of the course.

Secured Transactions (Uniform Commercial Code Article 9) - #291 - 2 credits
Secured transactions is a course that will be concerned with all aspects of security involving personal property, including creation of security interests, perfection, and priorities. The class will also discuss competing interests in property, creditors and trustees in bankruptcy. The class will examine security interests from their creation through default and collection on the collateral. The class will also discuss property that would be included within security interests and that which would be excluded from coverage under Article 9. The emphasis in this class will be on revised Article 9 of the Uniform Commercial Code and its coverage will also include the study of pre-existing law and a discussion of federal bankruptcy law. Federal bankruptcy law is not a prerequisite to this course.

Sports Law - #306 - 3 credits
This course explores a variety of ways in which the law has shaped sports and the sports industry - from regulatory authority in sports and the limitations on that authority, to contracts, agency, collective bargaining, antitrust issues, intellectual property, and tort liability within the sports context. The course grade is based on a series of assignments throughout the semester, as well as on class participation. The assignments may include both written and oral presentation components, and may include individual and small group projects. Enrollment is limited to 16 students.

State and Local Government - #291 - 2 credits
This course is the study of the powers and activities of state and local government in a federal system. Topics include powers of home rule and non-home rule counties and cities; regulation of trade, businesses and other enterprises; zoning and land use controls; public personnel issues and corrupt practices in government; financing procedures to pay expenses; municipal liabilities, and the resolution of disputes between one unit of government with another unit of government or with an individual.

State and Local Taxation - #225 - 2 credits
This course explores the States' levy of income, property and sales taxes (as well as some more exotic taxes) with particular emphasis on the power to tax domestic and foreign corporations and individuals that have minimal connections to the taxing jurisdiction. This branch of taxation is becoming increasingly important in today's economy and is the subject of a significant amount of litigation

Trial Advocacy - #297 - 3 credits
This course develops trial skills through a combination of lectures, demonstrations, and simulations. Students participate weekly as attorneys, witnesses, or jurors in mock trial situations. Subjects of study include examination of a casefile, trial and witness preparation, direct and cross examination, making and responding to objections and offers of proof, introduction of evidence, opening statements, and closing arguments. The small size of the sections permits individualized instruction, and allows each student to try a full-simulated jury trial near the end of the semester. Evidence is a prerequisite for this course.

Tribal Law - #278 - 2 credits
This course examines tribal sovereignty and self-determination including the origin and scope of tribal authority and continuing threats to tribal autonomy. The course also focuses on tribal court jurisprudence. Students will draft tribal legislation and prepare a position paper for a tribal government's review. It is recommended that students take Federal Indian Law prior to enrolling in Tribal Law.

Trial Advocacy - #297 - 3 credits
This course develops trial skills through a combination of lectures, demonstrations, and simulations. Students participate weekly as attorneys, witnesses, or jurors in mock trial situations. Subjects of study include trial and witness preparation, direct and cross examination, objections, foundations, opening statements, closing arguments, visual aids, impeachment, experts, problem witnesses, damages, and jury selection. The small size of the sections permits individualized instruction, and allows for each student to try a full-simulated jury trial near the end of the semester. Evidence is a prerequisite for this course.

Trusts and Estates - #230 - 4 credits
The general public assumes that all lawyers can do two things: try a case and write a will. Most lawyers can do neither. This course is designed to remedy that situation in part by introducing students to the basics of estate planning and administration. The course will cover: the law of intestate succession; statutory family protection schemes; restrictions on testation; the role, preparation, and construction of wills; the uses, creation, construction, and termination of trusts; rudimentary tax considerations in the estate planning process; the use of future interests; the mechanics of estate administration (including an examination of alternatives to probate); the role and responsibilities of fiduciaries; the role of the estate attorney.

US Legal Research for Foreign Students - #556 - 1 credit
This course covers basic U.S. legal research skills and resources. Primary and secondary legal resources are examined and computer-assisted legal research is utilized.

Water Law - #216 - 2 credits
Study of the various traditional surface water rights and ground water rights doctrines (with emphasis on prior appropriation doctrine),modern permitting schemes, federal-state conflicts, interstate conflicts, and abrief introduction to drainage issues.
For more information, visit here. Also note the link to the NDSU Blackboard site; the preliminary syllabus is available at that site.

Workers Compensation - #293 - 2 credits
This course studies the statutory exclusive remedy available for employees for work-connected injury and illness. It includes limits on the on the exclusiveness of the remedy, non-covered employments, elements of the required connection to the employment, employer defenses, third party litigation not affected by exclusivity provisions, and some of the forms of relief available and the procedure for obtaining relief.