From the Dean
People choose a specific law school for many and varied reasons. I know that many of you will select a school because you believe it is the "best" law school you can get into. Some of you want to attend a school in a particular geographical region, while others of you will select an institution because you believe its program offers specialization in certain fields of the law. Perhaps some applicants want to attend a school with a particular religious affiliation. And all of you are concerned about the cost of legal education, and the value and marketability of your J.D. degree once you graduate.
These are all valid considerations, and Marquette merits your serious consideration for any of these reasons. However, I suggest there are some other things you should also think about. First, what is your experience in law school going to be like? Will you become part of a supportive family of students, faculty, administrators and alumni? Second, what kind of person will you be as a result of your legal education? Will law school help you to gain a respect for all persons and an understanding of how law can help people resolve difficult problems, often in times of great stress? Will you be a better person after law school, or not?
To me, the law is a helping profession. As a Catholic and Jesuit law school, we have a particular obligation to assure that the education that is provided at Marquette is designed to enhance our students' respect for all people, while assuring that our students become skilled lawyers who can excel in the legal profession.
Marquette provides you with an unusual opportunity. First, we are an outstanding law school. Our curriculum is designed to ensure that you will have the substantive knowledge, skills, and values essential to practice law in the twenty-first century. We are extremely proud that we train lawyers—lawyers who practice in all areas of the profession, in private firms and public agencies, in Wisconsin and throughout the United States. It is no accident that many of our alumni are state and federal judges, and that many Marquette University Law School graduates are business and political leaders. We teach our students to have the skills to succeed in whatever branch of our profession they select. Part of the Jesuit tradition of education is encouraging students to become agents for positive change in society. This is especially important in a law school.
We want our students to be decent people, to give back to our communities, and to be leaders in doing good, both within and outside the profession. We are committed to encouraging our students upon becoming lawyers to provide legal assistance to people who lack the resources to retain counsel and to ensuring that all members of the profession are moral and ethical. We want to use law as an engine for positive change, not as a device to cause anger and unhappiness. Even in the context of adversarial relationships and an attorney's obligation to provide zealous representation to clients, lawyers must be skilled and committed to resolving disputes while maintaining respect for opposing parties and counsel.
Some of you may be concerned about attending a Catholic and Jesuit institution. You might fear that we have modified our curriculum in some way to reflect the views of the Church or the Society of Jesus. Or you might think that we will try to change your present religious belief. In fact, The Society of Jesus, Marquette University, and this Law School are absolutely committed to the core concept of academic freedom and to a full dialogue on every and any issue. Indeed, it is my experience that a broader exchange of views is possible here than at many institutions that are constrained by "political correctness." We are not afraid or ashamed to speak about faith, morality and right and wrong, but we are not parochial in our views. We welcome persons of all backgrounds, religious and non-religious, to our Law School. Law school must be an enriching experience, and part of that enrichment is meeting and learning with people from diverse backgrounds, cultures and religious traditions. We embrace a diverse student body as being essential to a first-rate legal education and a superior law school experience.
We are blessed with an outstanding faculty. The first prerequisite for our faculty is outstanding teaching. Teaching is not a secondary concern at Marquette; it is the primary qualification for hiring, promotion and tenure of faculty. To maximize the formal classroom experience we limit the size of classes and provide a mix of gifted full-time faculty and outstanding adjunct faculty from among the best lawyers in the state. Law faculty and administrators are accessible to students to discuss course material, legal issues, career goals or personal matters. The Jesuit commitment to care for the person is reflected in the way we view students, and how we expect students to view themselves and each other. Our main job is educating you to be highly skilled, highly ethical and moral lawyers and human beings. That requires that we be available to you in and out of the classroom.
There are many fine law schools in the United States. However, I doubt that many schools can offer you the outstanding education, true caring for you as a person and the commitment to make you a better person while you are here. We hope you will give our Law School your serious consideration.
Joseph D. Kearney
Dean and Professor of Law
The Marquette University Law School offers a Juris Doctor (J.D.) and a Master of Laws (LL.M.) in Sports Law. It also collaborates with a variety of University graduate programs to offer joint J.D./graduate degree programs. Students may also earn a Certificate in Litigation and/or a Certificate in Alternative Dispute Resolution as part of the Juris Doctor program.
As a student at Marquette University Law School, you are part of a caring community. We are committed to providing you with an excellent legal education, with course work that is relevant and intellectually challenging.
The following list includes descriptions of all approved Law School courses. Note: The Law School does not offer each course every year. For information on current course offerings, consult the Law School website.
LAW 7000. Civil Procedure. 4 cr. hrs.
An examination of the progression of civil cases, including jurisdiction, pleading, discovery, pretrial practice, the civil trial process, and post-verdict proceedings. The principal objectives of the course are to equip students with an understanding of the civil litigation process, to contrast the processing of a civil case with that of a criminal case, and to explore the roles of plaintiff and defense counsel.
LAW 7001. Constitutional Law. 4 cr. hrs.
An introduction to the constitutional system of the United States, organized around 1) the judicial role in the constitutional scheme; 2) the allocation of power between the national government and the states; 3) the division of authority among the branches of the national government; and 4) the limitations imposed upon both national and state government for the protection of individual rights. The course exposes students to alternative theories of constitutional interpretation and contrasts constitutional decision-making with the resolution of disputes under statutory or common law.
LAW 7002. Contracts. 4 cr. hrs.
An examination of the principles governing the formation, performance, and enforcement of promissory obligations. The principal objective of the course is the development of the foundational skills of legal reasoning and legal analysis, skills that the course seeks to develop principally by examining how judge-made common law rules emerge and evolve and how lawyers facilitate that evolution through the representation of clients. In addition, the course will contrast the challenges to the lawyer posed by common-law rules with those posed by statutes and constitutions.
LAW 7003. Criminal Law. 3 cr. hrs.
A study of the sources and purposes of the criminal law, the definition of crimes, theories of group criminality, and defenses to criminal liability. This course will introduce students to the interpretation and construction of statutes, the use of statutory codes, and will explore the dynamics of the relationship between courts and legislatures.
LAW 7004. Legal Analysis, Writing and Research 1. 3 cr. hrs.
This course is the first of two courses that introduce students to researching the law, analyzing how the law applies to a set of facts, and writing a document that reflects that research and analysis. Legal Analysis, Writing and Research 1 focuses on predictive legal writing.
LAW 7005. Legal Analysis, Writing and Research 2. 3 cr. hrs.
This course builds on the skills learned in Legal Analysis, Writing and Research 1. The course teaches students how to implement the legal research process using both print and electronic media, how to analyze the results of that research, and how to write a document that reflects that research and analysis. Legal Analysis, Writing and Research 2 focuses on persuasive writing.
LAW 7006. Property. 4 cr. hrs.
This course focuses on ownership, the varieties of interest in land, considerations in the buying and selling of land, and the control of land use through private arrangements and the common law of nuisance. The course also emphasizes multi-stage analysis of legal problems, the intersection of diverse doctrines, and the unique concerns in the practice of transactional law.
LAW 7007. Torts. 4 cr. hrs.
A study of claims and defenses relating to civil liability for the infliction of harm to person and property. Uses of the civil process in shaping and presenting tort actions will also be addressed. The course also will trace the evolution of the common law related to civil liability. Students will consider how social policy shapes the civil duties that are assigned, the standards for the level of care that are imposed, the causation that is recognized, and the damages that are allowed.
LAW 7100. Accounting for Lawyers. 2 cr. hrs.
This course is intended to provide an understanding of basic accounting principles and their practical application in connection with the practice of law. Topics covered include fundamental principles of accounting for business enterprises; how to analyze and understand a financial statement, balance sheet, and statement of cash flow; basic concepts of revenue recognition; conventions for capitalization versus expenses; and how to recognize possible manipulation of financial and accounting statements.
LAW 7101. Administrative Law. 3 cr. hrs.
A study of state and federal procedures, including the creation and operation of agencies and their relationship to the courts. Special attention is given to administrative investigation, adjudication, and rule making.
LAW 7102. Advanced Civil Procedure. 3 cr. hrs.
An examination of procedural aspects of civil litigation that builds upon and goes substantially beyond the mandatory first-year course. Particular attention will be paid to (1) certain aspects of Wisconsin civil procedure that differ from those of the federal system, and (2) various aspects of complex litigation, such as class actions, joinder, and multidistrict litigation. Additional topics may include extraordinary writs, settlements, and perfecting appeals. Prereq: LAW 7000.
LAW 7103. Advanced Evidence. 3 cr. hrs.
This course surveys recent developments as well as advanced issues in civil or criminal evidence, with emphasis on federal and Wisconsin law. The interrelationship of admissibility and probative value is its primary theme.
LAW 7105. Alternative Dispute Resolution. 3 cr. hrs.
An examination of extrajudicial methods of dispute resolution, including negotiation, mediation, arbitration and mini-trials.
LAW 7106. Amateur Sports Law. 3 cr. hrs.
This course covers various amateur sports law issues and focuses on legal regulations of interscholastic, intercollegiate, and Olympic sports. Topics covered may include constitutional law, tort law, contract law, Title IX gender discrimination, federal disability discrimination laws, the legal relationship between a university and its student athletes, regulatory authority of the National Collegiate Athletic Association, United States Olympic Committee and high school athletic associations, antitrust law, resolution of disputes affecting Olympic sports (including the jurisdiction and operation of the Court of Arbitration for Sport), and regulation of private education institutions and sports associations.
LAW 7107. American Constitutional History. 3 cr. hrs.
This course examines selected topics in American constitutional history, state and federal, including the role of the Supreme Court. Satisfies the Law School's perspectives requirement.
LAW 7108. American Legal History. 3 cr. hrs.
This course examines selected topics in American legal history. It focuses on the emergence of legal doctrines (e.g., contract, property, criminal law) and institutions (e.g., the changing roles of judges) in the broader social, cultural and political context. Satisfies the Law School's perspectives requirement.
LAW 7109. Animal Law. 3 cr. hrs.
Is there a place for the consideration of the interests of animals in the law? Throughout the course of the semester, we will examine the historical and current status of animals in our legal system. Students will examine a diverse cross-section of law devoted to the controversial moral, ethical and public policy considerations germane to efforts to balance the interests of animals and those of humans. The course, to be clear, is not an animals rights course. Rather, students will be invited to explore whether the law has a place for animals and, if so, where the lines aught to be drawn.
LAW 7110. Antitrust Law. 3 cr. hrs.
Examination of the application of the Sherman, Clayton, and Federal Trade Commission Acts to typical antitrust cases. Emphasis on the application of federal and state statutes to such business practices as price-fixing, exclusive dealing, trade association practices, tying, monopolization, and conspiracy to monopolize.
LAW 7112. Advanced Securities Regulation. 2-3 cr. hrs.
This course is intended to provide a survey of federal laws regulating mutual funds and other similar investment products such as hedge funds, separately managed accounts, variable insurance products, and ETFs. Issues relating to the Investment Company Act and the Investment Advisers Act will be examined as well as the general subject of broker-dealer regulation under the securities laws. The emphasis will be on the practical aspects of a securities practice relating to institutional investors and securities industry professionals. However, broader theoretical issues relating to the proper scope of federal regulation and to the enforcement of the law by the SEC and other regulators will also be covered. Prereq: None.
LAW 7115. Aviation Law. 2 cr. hrs.
This course serves as an introduction to the law of aviation and as a survey of legal issues associated with modern aviation. It covers the basic legal framework of aviation law including international treaties, federal state statutes, federal and state regulations, and case law. The course will include an introduction to the governmental regulation of aircraft, air carriers, pilots, and airports. Specific topics will include aircraft ownership, control of airspace, airport land use, aircraft manufacturing and certification, accident litigation, and aviation insurance. The course will deal with the laws that govern the safety and economics of recreational and commercial air transportation.
LAW 7120. Advanced Bankruptcy Procedure. 2 cr. hrs.
A study of the procedures and practices in Federal Bankruptcy Court. Areas of study include, but not limited to, seeking relief under various chapters of the Bankruptcy Code, understanding the roles of the bankruptcy trustees, obtaining and objecting to a bankruptcy discharge, analysis of the automatic stay and its exceptions, filing and objecting to motions, adversary complaints and appeals. Students will receive training in the electronic filing of pleadings in the Bankruptcy Court’s CM/ECF system.
LAW 7122. Bar Essay Writing. 3 cr. hrs.
Focuses on developing students’ analytical, organizational, and writing skills, with the goal of enhancing each student’s ability to be successful on the essay portion of a bar examination. The course will cover selected material from three substantive topics routinely tested on bar examinations. Through the use of problems and exercises in a bar exam format, students will learn techniques for analyzing, organizing, and writing essay questions for a bar exam. Students will have multiple opportunities to practice writing answers to essay questions in these topics throughout the course and will receive personalized feedback on their writing.
LAW 7125. Business Associations. 3 cr. hrs.
This course examines the laws and principles of agency. It also explores the laws that regulate, the characteristics of, and the policies behind, different business organizations, including partnerships, limited liability companies and corporations, with a focus on the closely-held corporation. Topics covered with respect to these business organizations include: entity formation, capital structure and financing, the rights and obligations of the equity holders and managers, and fiduciary duties of managers.
LAW 7126. Business Torts. 3 cr. hrs.
Examination of law relating to such business torts as business defamation, product disparagement, interference with contractual obligation, and wrongful discharge.
LAW 7128. Business Basics for Lawyers. 2 cr. hrs.
This course introduces basic business, economic and finance concepts and issues to students with little or no business knowledge or experience. The course aims to reduce the insecurity that not knowing these basic concepts and issues can produce in students entering foundational post-1L courses dealing with, e.g, business associations, taxation, antitrust, securities, bankruptcy, and real estate. The material discussed in the course also will prove useful to students pursuing studies in areas such as divorce, estate planning, and small business. The course will introduce students to issues such as debt and equity, interest rates, present value, real estate, accounting and financial reporting, securities, trading in stocks and bonds, and related topics.
LAW 7130. Canon Law. 2 cr. hrs.
This course will examine the legal system and substantive law of the Roman Catholic Church: Its sources, rules of interpretation, principles of rights and obligations, and major prescriptions in the areas of ecclesial governance, worship, education, and property. Special attention will be given to differences between this codified system of law and the Anglo-American tradition. Issues of interest to litigators in church-related cases will be treated. The procedural and penal laws of the Church will be cursorily examined.
LAW 7132. Comparative Law. 3 cr. hrs.
This course is the study of the Civil Law tradition and the Common Law tradition. These are the two most common types of legal systems in the world. Students are expected to compare their Common Law training to that of the Civil Law tradition and consider what theoretical and legislative lessons can be learned from the comparison. Satisfies the Law School's perspectives requirement.
LAW 7134. Constitutional Criminal Procedure. 3 cr. hrs.
Focus on constitutional issues relating to the investigative stage of a criminal case. Issues considered include investigative detention; arrest, search, and seizure; interrogation of suspects; and procedures used to identify suspects.
LAW 7135. Constitutional Law 2: Speech and Equality. 3 cr. hrs.
Focus on the principal individual rights protections of the United States Constitution: Equal protection, including race and sex discrimination and the emerging conflict over "reverse" discrimination; freedom of expression, including the law of subversive advocacy, defamation, obscenity, and commercial speech; and the problem of state action, the relationship between the Constitution and private discrimination.
LAW 7137. Contemporary Legal Issues:. 1-3 cr. hrs.
Courses on various contemporary legal issues proposed by faculty members and approved by the Law School Curriculum Committee. Courses under this title may be repeated where the subject matter is different.
LAW 7138. Corporate Finance. 2 cr. hrs.
Examination of the ways in which corporations gain access to capital. This course may cover, among other things, equity securities, debt securities, futures, forwards, options, warrants, leverage and portfolio theory. Prereq: LAW 7125.
LAW 7139. Creditor-Debtor Law. 3 cr. hrs.
Examination of substantive and procedural state and federal law relating to creditors and consumer debtors, including Federal Bankruptcy Law. The bankruptcy focus is primarily on Chapter 7 and Chapter 13 bankruptcies.
LAW 7140. Criminal Process. 3 cr. hrs.
An examination of the progression of a criminal case from the initial decision to charge through post-trial proceedings, including the decision to prosecute, judicial screening, bail, discovery, pretrial motions, plea negotiations, trial, and sentencing. The principal objectives of the course are to equip students with a knowledge of the operation of the criminal justice system and to explore the ways in which lawyers fulfill the prosecutor and defense functions.
LAW 7141. Copyrights. 3 cr. hrs.
This course, building on the Intellectual Property Law course, covers copyright law in more detail, including copyrightability, ownership, infringement and fair use.
LAW 7142. Community and Economic Development. 3 cr. hrs.
Community and Economic Development (CED) Law fills the gap when market forces are not sufficient to provide low-income communities with the affordable housing and other services they need. Topics include an overview of the real estate development process, an in-depth analysis of incentives used by the CED industry such as low-income housing tax credits, HOME funds, New Market Tax Credits, Renewable Tax Credits, Tax Incremental Districts, Business Improvement Districts, Brownfields incentives, and other resources. An emphasis is placed on how entrepreneurship and the real estate development process in core urban areas differ from entrepreneurship and development driven by market forces. Students interested in real estate law, contracts, small businesses law, tax law, non-profit law and urban issues will benefit most from this course.
LAW 7143. Comparative Criminal Law and Procedure - in Spanish. 2 cr. hrs.
This course will compare criminal law and procedure under Wisconsin law with criminal law and procedure in Latin American legal systems. Focus will be on the 1971 Latin-American Model Penal code, drafted by a group of leading scholars. Students will also examine some penal codes currently in force in Latin-American countries, comparing them to selected Wisconsin criminal statutes and cases. Students will not only gain insights on Latin-American legal solutions, but also will achieve a better understanding of American criminal law. An additional goal is to teach students the specialized legal Spanish necessary to represent Hispanic clients in criminal cases. The course will address ethical and practical considerations in working with interpreters, attorney-client relations, cultural competency and client education. Because the class will be taught in Spanish, students should be able to speak and write well enough in Spanish to benefit from the course. Prereq: Proficiency or near-proficiency in Spanish.
LAW 7144. Community Prosecution. 3 cr. hrs.
In this course, students will examine the shift of American prosecutors away from a response-driven model to an innovative and nationally recognized proactive model focused on preventing crime and increasing quality of life. Prosecutors across the United States are embracing the idea that communities are the central institution for crime prevention, and the success or failure of prosecutors, police, schools, and families are dependent on that community foundation. Community Prosecutors are now asked to use their legal knowledge in the field with police officers, use their communication skills to reach out to community members, use their courtroom and trial skills to prosecute the most violent criminals, and use their creativity to fashion appropriate alternatives to traditional prosecutions.
LAW 7148. Crime and Punishment in American History. 3 cr. hrs.
Throughout American history, legal definitions of, and responses to, crime have shifted in many important ways as social values have changed. This course will survey the dynamic relationship between criminal law, legal institutions, and social change in America from the colonial period to the present. Satisfies the Law School’s Perspectives requirement.
LAW 7150. Current Issues in Business and Commercial Law. 2-3 cr. hrs.
This is a variable topic course relating to diverse issues encountered in the practice of business or commercial law, such as business bankruptcy, antitrust, and trade law.
LAW 7151. Current Issues in Civil Dispute Resolution. 2-3 cr. hrs.
This is a variable topic course addressing current issues that arise in the context of civil litigation and dispute resolution.
LAW 7152. Current Issues in Criminal Law and Procedure. 2-3 cr. hrs.
This course focuses on advanced issues in the substantive law of crimes, criminal evidence, or criminal procedure.
LAW 7153. Current Issues in Environmental Law. 2-3 cr. hrs.
This is a variable topic course addressing current issues that arise in the practice of environmental law.
LAW 7154. Current Issues in Estate Planning. 2-3 cr. hrs.
This is a variable topic course addressing current issues that arise in the practice of estate planning law.
LAW 7155. Current Issues in Family Law. 2-3 cr. hrs.
This is a variable topic course addressing current issues that arise in the practice of family law.
LAW 7156. Current Issues in Health Law. 2-3 cr. hrs.
Selected current issues in health law, including such topics as public health issues, forensic sciences, health care finance and delivery reform, and genetics behavior, and the law.
LAW 7157. Current Issues in Intellectual Property and Technology Law. 2-3 cr. hrs.
Selected current issues in intellectual property and technology law, including such topics as computer law, entertainment law, and the law of biotechnology.
LAW 7158. Current Issues in International, Comparative and Foreign Law. 2-3 cr. hrs.
This is a variable topic course addressing current issues that arise in the context of international, comparative, and foreign law.
LAW 7159. Current Issues in Labor and Employment Law. 2-3 cr. hrs.
This is a variable topic course addressing current issues that arise in the practice of labor and employment law.
LAW 7160. Current Issues in Real Estate Law. 2-3 cr. hrs.
This is a variable topic course addressing current issues that arise in the practice of real estate law.
LAW 7161. Current Issues in Sports Law. 2-3 cr. hrs.
This is a variable topic course addressing current issues that arise in the context of sports law.
LAW 7162. Current Issues in Taxation. 2-3 cr. hrs.
This is a variable topic course addressing current issues that arise in the law of taxation.
LAW 7170. Disability Law. 3 cr. hrs.
Students learn the fundamental legal tools for evaluation of disability by employers, education, public places, and public programs. Focuses on the Americans with Disabilities Act language, spirit, and procedure.
LAW 7180. Education Law. 3 cr. hrs.
This course examines the law and legal problems facing elementary and secondary schools, colleges and universities. Studies focus on legal issues involving students, faculty, administrators and staff.
LAW 7181. Elder Law. 3 cr. hrs.
Explores the impact of an aging society on health care and social policy, including such topics as income maintenance and age discrimination, health and long-term care benefits and finance, decision-making and individual autonomy.
LAW 7182. Electronic Discovery. 2 cr. hrs.
An examination of the procedures for the discovery of electronically stored information under the Federal Rules of Civil Procedure and state rules of civil procedure. Consideration will be given to such subjects as form of production of electronically stored information, cost shifting, and discovery of electronically stored information that is not reasonably accessible. The use of digital evidence will also be explored.
LAW 7183. Employee Benefits. 3 cr. hrs.
This course involves a study of the policy and practice of employee benefits law, focusing on real life illustrations and problem solving related to the various types of employee benefits, particularly 401(k) plans and healthcare plans. Issues related to labor, tax, corporate, securities, and administrative law practice will be explored.
LAW 7184. Employment Discrimination. 3 cr. hrs.
Examination of state and federal laws prohibiting employment discrimination, including the Equal Pay Act, Title VII, Age Discrimination in Employment Act, Rehabilitation Act, Americans with Disabilities Act, reconstruction era civil rights legislation, and executive orders.
LAW 7185. Employment Law. 3 cr. hrs.
Examination of the rights and obligations of employers and employees. This course is far broader then the Employment Discrimination course but covers discrimination only minimally. The wide range of topics covered may include: the status and decline of the employer's traditional right to terminate employees "at will", employees' rights to sue for termination against public policy or under various statutes, such as whistleblower and anti-discrimination laws; the enforceability as of employment handbooks, letters, and oral communications; minimum/overtime wage claims and other wage-and-hour rights; public employees' constitutional First Amendment and Due Process rights; employees' rights to family/medical leave; and the common law of various employee/employer rights and obligations as to, for example, defamation, non-competition/non-solicitation agreements, and privacy rights.
LAW 7186. Entertainment Law. 2 cr. hrs.
A practical and comprehensive overview of business and legal issues that impact particular parts of the entertainment industry, including film, television, music, and multi-media. Surveys various areas of law including contract, labor, copyright, trademark, tax, and business organizations, and also uses practical examples and industry documents to analyze the law’s interplay with industry standard and customs.
LAW 7187. Environmental Law. 3 cr. hrs.
An introduction to the law of pollution control and management of hazardous materials, with a particular emphasis on the major federal environmental statutes, including the National Environmental Policy Act, Clean Air Act, Clean Water Act, the Resource Conservation and Recovery Act, and Superfund. The contrasting regulatory mechanisms in different statutes, with consideration given to the economic and ethical assumptions underlying the different approaches, and the resolution of environmental problems through private litigation, federal regulation, economic incentive systems, and judicial review of administrative decisions are examined.
LAW 7188. Estate Planning. 3 cr. hrs.
This course develops students' skills relating to the disposition of property during lifetime and at death. The focus is on techniques that accomplish non-tax objectives while minimizing estate taxes, gift taxes, and income taxes and includes marital deduction planning, the use of marital property agreements, and the use of trusts.
LAW 7191. Evidence. 3 cr. hrs.
Survey of the law of evidence, focusing upon the Federal Rules of Evidence and corresponding Wisconsin rules. Subjects covered include evidentiary burdens and presumptions, relevancy, hearsay, impeachment and examination of witnesses, selected privileges, and authentication of physical and demonstrative evidence.
LAW 7200. Family Law. 3 cr. hrs.
This course covers the basic conceptual and substantive divisions in divorce and adoption law. Topics covered include fault and no-fault divorce, financial consequences of divorce, custody, common law and statutory rules for adoption, termination of parental rights, ethical and policy issues in family law, and interviewing and counseling the family law client.
LAW 7201. Family Law and ADR. 3 cr. hrs.
The course examines the special issues that arise when alternative dispute resolution is employed to resolve conflicts among family members. The class will focus on the dynamics of and necessary dispute resolution techniques for family-centered situations such as: negotiation or mediation of prenuptial cohabitation, separation and divorce agreements; custody mediation, TPR (termination of parental rights) mediation, collaborative divorce, and estate settlement negotiations. The course will also consider ethical issues that are particularly relevant to the family/ADR context.
LAW 7203. Federal Courts. 3 cr. hrs.
Study of doctrines relating to justiciability, congressional control over federal court jurisdiction, tensions in the allocation of judicial power between state and federal systems, and constitutional and statutory bases of federal judicial power.
LAW 7204. Federal Criminal Procedure. 3 cr. hrs.
An examination of various aspects of federal criminal law and procedure. Federal crimes considered may include drug trafficking, currency reporting and money laundering, RICO and continuing criminal enterprise, mail fraud, Hobbs Act violations, and offenses under criminal civil rights statutes. Various federal procedures are also studied, including initiation of prosecution by grand jury, indictment, bail and denial of release under the Bail Reform Act, discovery and other pretrial proceedings, the operation of the Speedy Trial Act, plea agreements, jury trials, and sentencing under the Federal Sentencing Guidelines.
LAW 7205. Federal Income Taxation of Individuals. 3 cr. hrs.
Overview of statutes, regulations, and cases relating to federal income taxation with particular emphasis on fundamental principles and provisions relevant to the practice of various legal specialities involving acquisitions, ownership, sales, exchanges and donative transfers of property, debtor/creditor and bankruptcy problems, divorce and civil litigation.
LAW 7206. Federal Indian Law. 3 cr. hrs.
A critical analysis, drawing from a variety of perspectives, of the legal principles governing the relationships among Indian tribes, the federal government, and the states. Satisfies the Law School's perspectives requirement.
LAW 7207. Federal Taxation of Estates, Gifts and Trusts. 3 cr. hrs.
Examination of federal estate and gift taxes, as well as income taxation of decedents' estates, trusts and their beneficiaries. Prereq: LAW 73325 and LAW 7205.
LAW 7209. Federal Taxation of Corporations and Shareholders. 3 cr. hrs.
Federal taxation of C corporations and shareholders including tax considerations relevant to organizing, operating, selling, merging, reorganizing and liquidating a corporation. Prereq: LAW 7205.
LAW 7210. Federal Taxation of Partnerships and S-Corporations. 3 cr. hrs.
An examination of federal income tax aspects of organization and operation of partnerships, including formation transactions between partner and partnership, transfer of partnership interests, allocation of income and expenses, basis adjustments, death or retirement of a partner, and the use of limited partnerships. Consideration also given to federal income tax aspects of small corporations electing Subchapter S status. Prereq: LAW 7205.
LAW 7215. The First Amendment. 3 cr. hrs.
A comprehensive examination of the speech and religion guarantees of the First Amendment to the Constitution of the United States. Insofar as speech is concerned, the course will, among other objectives, (a) explore the principal categories of contend-based expression – among them incitement, defamation, obscenity, child pornography, and commercial speech; and (b) probe the special constitutional rules created for distinctive contexts – such as the American public school – in an effort to reconcile the expressive rights of individuals with the responsibility of government to retain an ordered society. Insofar as the Constitution’s twin protections for religious liberty are concerned, we will explore a host of anti-establishment and free exercise concerns. On the anti-establishment side, issues will include prayer, moments of silence, and the pledge of allegiance in the nation’s public schools; government-sponsored displays of religious significance; and public financial assistance alleged to benefit religion and religious institutions. On the free exercise side, we will examine the constitutional conflict produced when religious practices – among them Sabbath worship, the rejection of compulsory education, animal sacrifice, drug use, and conscientious objection – meet up with the contrary demands of civil society. This examination will culminate in our consideration of the landmark Supreme Court decision construing the free exercise guarantee in a manner alleged to reflect insufficient concern for the practices of minority religions, the effort in Congress to overturn that decision, and ensuing developments. The course will pause periodically to explore both Wisconsin’s contributions to the development of the First Amendment law (for instance, in areas of school choice and crimes of hate) and the ways in which such law plays out on the ground in communities across Wisconsin (e.g., the controversy in Wauwatosa concerning the cross on the municipality’s emblem). Satisfies the Law School’s public law requirement. Not open to students who have taken Constitutional Law 2: Speech and Equality or Seminar: Advanced Issues in the First Amendment. Satisfies the Law School’s Public Law requirement.
LAW 7217. Green Bay Prison Restorative Justice Initiative. 1 cr. hr.
This one-credit course will prepare students for and encompass a trip to the Green Bay Correctional Institution, where students will participate in a restorative justice program for inmates. The prison program is facilitated by retired Marquette Law Professor Janine Geske. Students must be available to attend at least two days of the three-day program – dates to be announced. Class sessions leading up to the program will focus on the criminal process in Wisconsin, current issues in incarceration, diversion and problem-solving alternatives to sentencing, and the theory and practice of restorative justice. At the prison, students will participate in a restorative justice circle that includes inmates, crime victims, and other community members. Afterwards, students will write a paper reflecting on the experience in light of assigned readings.
LAW 7220. Health Care Provider Liability. 3 cr. hrs.
The focus of the course is on the elements of litigation from the harmful incident or discovery of harm through discovery and pleadings to problems of proof and damages. It includes causes of action against individual and institutional health care providers and third party payers, including contract, negligent care, interference with doctor/patient relationships, and information insufficient for informed consent. The course also will include consideration of Wisconsin law and procedure as representative of a conservative jurisdiction with significant procedural constraints on plaintiffs, and significant legal developments in other jurisdictions, particularly as related to liability in managed care. Prereq: LAW 7221.
LAW 7221. Health Law. 3 cr. hrs.
Health care access, finance, and regulation, including a survey of health care provider organizations, interests, quality assurance and liability; government and private financing roles and strategies; and ethical dilemmas of high-tech medicine.
LAW 7222. Health Care Fraud and Abuse. 2 cr. hrs.
Heath care fraud and abuse encompasses a variety of administrative and judicial actions against individual and institutional health care providers who file false claims for payment, make business agreements involving excessive profits, kickbacks or unnecessary services, or engage in other practices defined as fraud and abuse under federal criminal and civil statutes. This course will use statutes, case law and commentary to identify the various forms of fraud and self-dealing, and the law’s response. It will provide an introduction to the Medicare and Medicaid Anti-Kickback statutes and False Claims Act, and an overview of topics including conspiracy, mail and wire fraud, and RICO as applied within the scope of healthcare.
LAW 7231. Insurance. 3 cr. hrs.
Study of the law relating to insurance, including consideration of insurance contract formation, contract interpretation, government regulation of the insurance business, and problems associated with common coverages such as fire, property, life, health, disability and liability insurance. Also includes analysis of special issues relating to liability insurance defense and settlement, coordination of multiple coverages and the secondary insurance market.
LAW 7232. Intellectual Property Law. 3 cr. hrs.
This course covers the basics of United States intellectual property law, including patents, copyrights, trademarks, trade secrets and misappropriation. The course addresses the policies underlying the protection of intellectual property and compares the different ways organizations and individuals can use intellectual property to protect their interests. This course is intended both for students who want an introduction to intellectual property and for those who intend to pursue a career in intellectual property. Prereq: LAW 7000 and LAW 7007.
LAW 7233. International Business Transactions. 3 cr. hrs.
Exploration of the body of law governing the conduct between sovereign states and other persons relating to trade and commerce. Particular emphasis on the role of the United States government as well as international economic communities regulating international trade.
LAW 7234. International Intellectual Property. 3 cr. hrs.
An examination of the major international conventions and agreements on intellectual property rights, including the Berne Convention for the Protection of Literary and Artistic Works, the Parish Convention for the Protection of Industrial Property, and the Patent Cooperation Treaty. The course will also discuss the significance of those conventions for domestic intellectual propertylaws and the effect of intellectual property rights on international trade, withparticular reference to the Agreement on Trade Related Aspects on Intellectual Property Rights (TRIPs) and the role of the World Trade Organization. Prereq: LAW 7232.
LAW 7235. International Law. 3 cr. hrs.
This course introduces the basic sources and subject matter of international law and then turns toward an examination of the legal institutions creating and implementing international law--the United Nations, the World Trade organization, and regional institutions such as the European Union and NAFTA. The course also explores specific topics such as environmental law, human rights, armed conflict and dispute resolution.
LAW 7236. Internet Law. 3 cr. hrs.
The internet is reshaping several discrete areas of law in both obvious and subtle ways. This course will cover the development of law applicable to the internet, including laws governing online distribution of copyrighted works, domain names and other trademark issues, e-commerce, spam, speech restrictions and filtering, privacy, computer security, server property rights, jurisdiction and other issues. The class will focus not on what the law is, but what it should be, and how courts, legislatures, and practitioners should go about deciding such questions. Throughout we will consider whether there is any unifying theme to "Internet Law", and if so, what that theme might be. A technical background is not necessary.
LAW 7240. Jurisprudence. 3 cr. hrs.
Examination of philosophical problems raised by the institution of the law, including the nature of law, its authority, the relationship between law and morality, the nature of judicial reasoning, and the moral and social foundationsof particular legal doctrines. Topics may vary depending upon interests of the instructor. Satisfies the Law School's perspectives requirement.
LAW 7241. Juvenile Law. 3 cr. hrs.
This course examines the theory and practice of delinquency, with special emphasis on Wisconsin law.
LAW 7260. Labor Law. 3 cr. hrs.
Survey of the law of labor relations, including organization and representation of employees, strikes, picketing, boycotts, and collective bargaining.
LAW 7261. Land Use Planning. 3 cr. hrs.
Topics include history of planning, enabling legislation for planning and zoning, administrative process, aesthetic controls and discrimination in zoning, subdivision and growth control, financing public aspects of new development, and natural resources protection.
LAW 7262. Parent, Child and State. 3 cr. hrs.
This course introduces students to the use of social science methods and theories in the law. Methodologies and some basic theories of sociology and psychology will be studied. After introducing basic concepts, the course will focus on applying social science analysis to legislation and cases in the area of family law, juvenile law and child protection. Satisfies the Law School's perspectives requirement.
LAW 7264. Law and Popular Culture. 3 cr. hrs.
This course explores the interrelationships of law and popular culture. Participants consider the portrayal of law, lawyers, legal institutions, and law-related themes in such popular media as film, radio, television, and literature.
LAW 7265. Law And Religion. 3 cr. hrs.
An exploration of the interface between law and religion, primarily within the context of the American legal system. The following areas may be examined: the historical and conceptual relationships between law and religion; the history, theory and doctrine of the religion clauses of the First Amendment, and the "no religious Test" clause of article VI of the U.S. Constitution; analogous provisions of state constitutions; various federal and state statutory provisions addressing religious freedom (including conscientious objection), religious discrimination, and the taxation and regulation of religious entities; the role of religion in specific legal decision-making contexts such as health care and child custody; the influence of religious values on legal actors such as judges, legislators, lawyers, and jurors; the proper role of religion in law and politics; the role of religion in international law and the law of human rights; and the search for a legal or constitutional definition of religion. Satisfies the Law School's perspectives requirement.
LAW 7266. The Law Governing Lawyers. 3 cr. hrs.
An introduction to legal and ethical principles governing lawyers, the legal profession, and the practice of law. Study of the principal ways in which lawyers are regulated -- through bar admission, lawyer disciplinary actions, and legal malpractice suits. The course explores the lawyer-client relationship and the scope and limits of duties owed to the client, the legal system, and third parties.
LAW 7267. Privacy. 3 cr. hrs.
This course is a survey of privacy law, including tort actions for invasion of privacy, constitutional privacy principles, privacy of health care records, and privacy in employment. Selected statutes that affect privacy interests also will be studied, including wiretap laws, fair credit reporting, and access to governmental information (FOIA.) Privacy issues of current interest also will be addressed, including privacy in adoption, transfer and use of consumer information and regulation of the internet.
LAW 7269. Legislation. 3 cr. hrs.
The development and interpretation of state and federal statutory law, including the roles of legislators and legislative committees, the executive branch and administrative agencies, the judiciary, the electorate and special interests.
LAW 7271. Local Government Law. 3 cr. hrs.
Legislative control over local government; home rule; the scope of municipal powers; police power; land use control and other current urban legal problems.
LAW 7275. Law of Sexual Orientation. 3 cr. hrs.
The law governing sexual orientation has evolved significantly in recent years, with new judicial precedent, legislative actions, statewide referenda and an intensely divided public opinion. The prevalence of laws affecting gay men and lesbians is at a historical peak. This course will explore how the law addresses contemporary issues affecting sexual orientation. It will focus on an objective examination of a variety of issues affecting gay men and lesbians, such as those arising under the criminal law, the law governing the employment relationship and the provision of employee benefits, trusts and estates law, family law, health law, military law, the law of privacy and constitutional law (especially equal protection and First Amendment rights). The course will emphasize an interdisciplinary approach, with an analysis of how social, cultural and political forces shape legal doctrine. It seeks to provide practical guidance to a new generation of lawyers likely to represent gay and lesbian clients as well as corporate clients that encounter issues relating to gays and lesbians.
LAW 7280. Managed Health Care. 3 cr. hrs.
Managed Health Care law examines the expanding field of legal practice in the ever-changing health care industry. The movement of many (if not all) employers to some form of "managed care," the continued consolidation within insurance, hospitals, and medical market sectors, and a multitude of proposed and enacted laws and regulations and court decisions make this area fertile ground for myriad types of legal work. Managed Health Care Law offers the student an understanding of the health care industry itself, the rise (and potential recession) of "traditional" managed care, and the significant roles attorneys play in virtually all areas of both. The course will also introduce students to the wide range of practice settings in which lawyers are involved in the health care industry and the various clients they represent.
LAW 7281. Media Law. 3 cr. hrs.
Law as it affects the mass media including both print and broadcast media and the increasing use by both of the internet. There is emphasis initially on the fundamental principles underlying, and the interpretive evolution of, the "speech" and "press" clauses of the First Amendment, followed by examination of the bodies of both state and federal statutory and common law affecting the gathering and publication of news. The tension and differences among print publishers, over-the-air licensees, cable networks, and the internet are reviewed. The specific topics covered include the scope of speech which is/is not protected by the First Amendment, prior restraint, defamation, invasion of privacy, copyright, antitrust, spectrum allocation, reporter's privilege, and access to government institutions, records and meetings.
LAW 7282. Mergers & Acquistions. 2 cr. hrs.
This course will explore the field of corporate "mergers and acquisitions' (acquisitions and divestitures of business entities) from the perspective of the practicing lawyer. Attention will be given to both the law governing corporate transactions and the practice of "M&A" law, including the lawyer's multiple roles as advisor, negotiator, and scrivener. Students will gain an understanding of the fundamental legal principles governing such transactions and the basic skills required of lawyers who represent the parties involved in them.
LAW 7283. Military Law. 3 cr. hrs.
This survey course primarily focuses on the military justice system, operational law, and military installation law. The following specific topics may be covered: administrative and non-judicial forms of punishment available to military commanders; substantive and procedural aspects of the court-martial system; the military criminal appellate system; law of war; rules of engagement; legal aspects of military operations other than war; unique laws and regulations applicable to military installations; and various legal issues encountered by military installation attorneys.
LAW 7286. Milwaukee Street Law Project. 2 cr. hrs.
Law students teach a two-semester course to Milwaukee public high school students that is designed to foster in the high school students an understanding of the law, legal process, our system of governance, and effective citizenship. To accomplish this the law students devote three hours per week at their assigned high schools. In the fall semester law students teach such subjects as criminal law and procedure, juvenile justice, driver licensing, consumer law, torts, family law, housing law, and individual rights law. In the spring semester the law students teach basic trial advocacy skills and their high school students participate as lawyers and witnesses in a city-wide mock trial competition presided over by federal and state trial court judges. Throughout the school year, law students also help their high school students develop basic academic skills such as reading, writing, listening, oral expression, problem solving and analytical thinking; they also teach skills necessary for responsible participation in a democratic society.A two-hour seminar is conducted for the law students each week which focuses on substantive law as well as interactive teaching methodologies. Law students are required to submit weekly journals, lesson plans, and timesheets. Among the lawyering skills emphasized are critical thinking, organization and prioritization, planning and preparation, and effective communication with lay persons.
LAW 7291. Negotiable Instruments. 3 cr. hrs.
This course provides a comprehensive examination of Uniform Commercial Code principles that govern negotiable instruments, including checks and notes. The focus is on the rights and obligations of persons who take possession of such instruments. The course also outlines the laws that cover fund transfers and credit cards.
LAW 7292. Nonprofit Law and Organizations. 2-3 cr. hrs.
Course will cover basic concepts in nonprofit organizations with emphasis on formation, drafting or organizational and operational documents, maintenance and record keeping, tax consequences and state and federal requirements. Governance, fundraising strategies and regulations and the role of nonprofits in the community will also be explored.
LAW 7300. Patent and Trade Secret Law. 3 cr. hrs.
This course, building on the Intellectual Property Law course, covers patent and trade secret law in more detail, including: patent disclosure requirements; patentability; the scope of patent grants; claim interpretation, infringement, and remedies; and trade secrets and their interaction with patents.
LAW 7301. Imprisonment and Post-Conviction Remedies. 3 cr. hrs.
What happens to a criminal defendant after conviction and sentencing? Explore the processes by which defendants may obtain direct and collateral review of their convictions, including the federal habeas corpus process. Consider other means by which a prisoner may obtain release, including parole, executive clemency, and sentence modification, and how the state may extend detention through civil commitment. Finally, this course provides an overview of the constitutional rights of prisoners and the litigation of prisoner-rights claims. Prereq: LAW 7003.
LAW 7302. Products Liability. 2 cr. hrs.
Consideration of substantive, procedural, and legislative issues and problems in the law of products liability.
LAW 7303. Professional Sports Law. 3 cr. hrs.
This course covers various legal issues affecting the professional sports industries and focuses on antitrust, labor, contracts, regulations of private associations, regulation of athlete agents and their ethical duties, and intellectual property and sports broadcasting issues.
LAW 7305. Peacemaking and Spirituality. 1 cr. hr.
Examines the influence of spirituality upon the process of resolving conflict and making peace in the context of intense interpersonal and intrapersonal conflicts in multiple settings, including in intimate relationships, friendships, families, workplaces, between communities, among current or former enemies, or within ourselves. During the past two decades, the field of conflict resolution and mediation has grown extensively in multiple settings throughout North America, Europe, and other parts of the world. Whereas conflict resolution theory and practice focuses upon a problem solving model to address the presenting dispute, peacemaking addresses conflict at a much deeper level. Peacemaking is based on a humanistic and transformative theory of conflict that draws heavily upon core values of empowerment, mutual recognition, collaboration, dialogue, and healing, as well as the ancient wisdom and practices of many diverse indigenous cultures throughout the world (including Native American and Celtic traditions). Within the context of these traditions, true peacemaking is inseparable from spirituality, from honoring the sacred and recognizing our interconnectedness. For the purposes of this course, spirituality is not synonymous with the dogma and creeds of the major religious traditions in the world, even though religion for many may serve as a pathway to spirituality. Practices within the major religions of the world that foster peacemaking, however, will be explored, along with the practices from a number of different cultures. Designed to provide a basic understanding of the core principles and practices of peacemaking and spirituality in the context of multiple interpersonal, community, national, and international settings.
LAW 7307. Publish Your Paper. 1 cr. hr.
This course is intended to help students transform papers they have written for other courses into manuscripts suitable for submission to law reviews for publication. All work for this one-credit course must be complete by March 1. The coursework is comprised of two parts. The first part consists of three fifty-minute class sessions over the first three weeks of the semester. We will dissect an exemplary law review article in order to develop a better appreciation of what makes for effective legal academic writing. We will also discuss the role of law reviews in law reform and legal practice, as well as the basic mechanics of submitting a manuscript for publication. The second part of the course will consist of individualized work on papers under the instructor’s supervision. Each student will submit a minimum of three drafts of his or her paper to the instructor for evaluation and feedback. The student’s grade will be based on the final draft, which must be submitted by March 1. After the final draft is completed, the instructor will be available to work with students individually to develop a strategy for law review submission, although such submission is not a requirement of the course. In order to take this course, a student must have a paper on a law-related topic that is at least 10,000 words, including footnotes. The paper may not be something that has already been published or accepted for publication, or something that has been or will be submitted as a student note or comment to a Marquette Law School publication.
LAW 7308. Quantitative Methods. 3 cr. hrs.
This course will provide a basic overview of statistics for lawyers, application of statistical methods in case law, and introduction to the application of advanced quantitative methods in law. Concepts such as sampling distributions, probability, measures of central tendency (mean, median, mode), measures of variance (standard deviation, variance), measures of relation between variables (correlation, regression), p-values, and confidence intervals, will be explored in depth. Illustrations from case law will include the application of quantitative methods, including outcomes research, to establish the standard of care in medical malpractice, and obtaining informed consent; applications of scientific principles to establish epidemiological risk in exposure to environmental hazards; application of sample size and regression models to establish employment discrimination; and application of statistical methods in jury selection and DNA analysis. Finally, the course also includes an introduction to the principles of game theory and decision sciences. Satisfies the Law School's perspectives requirement.
LAW 7309. Race and the Law. 3 cr. hrs.
This course examines law through the prism of race and assumptions concerning power and powerlessness. Topics to be explored include: the role race plays in our legal and social understanding of freedom and slavery, citizenship and alienation, individual and group identity and crime and punishment.
LAW 7310. Real Estate Transactions. 3 cr. hrs.
This course introduces students to the fundamentals of a general real estate practice. The course will examine a variety of real estate contracts, deeds, and techniques of title assurance. Drafting exercises will focus on transactional considerations.
LAW 7311. Real Estate Finance and Development. 3 cr. hrs.
In the context of commercial real estate transactions, this course examines the nature of mortgages and mortgage substitutes, pre-closing and post-closing terms and conditions of mortgage loan commitments, construction financing, defaults, workouts and foreclosures. Throughout the course relevant tax considerations will be examined. Prereq: LAW 7205.
LAW 7312. Remedies. 3 cr. hrs.
Study of legal and equitable remedies. Topics may Include: recoverable litigation expenses and attorney fees; pre/post-verdict interest; damage/destruction of personal and real property; personal injury remedies; punitive damages; statutory damages; contract remedies; constructive trusts; equitable liens and defenses; restitution; specific performance; declaratory relief; injunctions; and the right to trial by jury.
LAW 7313. Restorative Justice. 3 cr. hrs.
Restorative Justice (RJ) is a victim/community-centered approach to crime and its impacts. Although RJ is increasingly being utilized in American criminal justice systems, its application is rooted in various cultures and faith traditions. RJ focuses on healing and empowering victims of crime while involving communities (as opposed to "the state") in that process. The course will focus not only on the historical and philosophical roots of the movement but also on its widespread international use. Students will study the various RJ techniques including victim/offender conferencing, victim/family conferencing, victim impact panels, Native American based circles etc. The course will also cover the current trends in the integration of RJ into the American criminal justice legal system while examining both the constitutional and practical barriers that can arise.
LAW 7320. Sales. 3 cr. hrs.
An examination of Article 2 of the Uniform Commercial Code, including contract formation, performance, and remedies.
LAW 7321. Secured Transactions. 3 cr. hrs.
The study of Article 9 of the Uniform Commercial Code P Secured Transactions. The course focuses on the creation of security interests; the perfection of security interests; the priority of security interests; the rights of buyers of secured collateral; and the rights and remedies available for secured creditors and debtors upon default.
LAW 7322. Securities Regulation. 3 cr. hrs.
Survey of federal and state laws regulating the market for publicly held securities and their effect on issuers, purchasers, and sellers of securities. Emphasis on the Securities Act of 1933, the Securities Exchange Act of 1934, and the Wisconsin Uniform Securities Law.
LAW 7323. Sentencing. 3 cr. hrs.
An introduction to the law of sentencing and examining the procedures and substantive rules governing the imposition of criminal sanctions in both federal and state court systems. Topics will include: Eighth Amendment prohibition on cruel and unusual punishment, federal sentencing guidelines, sentencing procedure, Wisconsin sentencing law, probation and intermediate sanctions, organizational sentencing, and forfeiture.
LAW 7324. Starting and Managing a Law Practice. 3 cr. hrs.
This course is designed to equip students with the knowledge, skills, and resources to consider self-employment as a means to achieve professional satisfaction. It will address benefits, pitfalls and other considerations in starting and managing a law practice. Specific topics include: selecting a practice focus; securing financing and insurance; learning about and employing technology; attracting and maintaining clients; generating income; hiring and retaining employees; and incorporating into day-to-day professional life the variety of ethical obligations that operate on lawyers who manage their own practices.
LAW 7325. State and Local Taxation. 2 cr. hrs.
Examines state and local government tax issues. Topics explored will include the sources and limitations of the power to tax; state income and franchise, taxes, including nexus and "doing business" considerations, allocation, apportionment, and calculation of such taxes; sales and use tax, including the property and services to which the tax applies as well as taxation of e-commerce; property tax, including the assessment and appeal of tax as it relates to real and personal property; and an examination of practical applications and audit procedures.
LAW 7326. Sports Industry Taxation Issues. 2 cr. hrs.
This course will introduce students to a range of tax law, policy, and practice issues arising in the amateur and professional sports industries, including the construction and financing of sports facilities, college athletics, the compensation of professional athletes (including federal, state, and international tax issues), and the structure and operation of professional sports leagues and franchises (including choice of entity, day to day operations and business sale).
LAW 7330. Telecommunications Law. 3 cr. hrs.
A study of traditional approaches to, and recent trends in, the regulation and deregulation of telecommunications, including traditional telephone, cellular, broadcast, cable TV, and satellite. The course will particularly examine recent efforts at the state and federal levels to introduce competition into industries that were historically dominated by monopolies and the social, legal and economic issues raised by these attempts.
LAW 7331. Terrorism and Federal Law. 2 cr. hrs.
This survey course examines federal legal issues arising in the government's current anti-terrorism efforts. Topics include the historical roots of executive powers; electronic surveillance; investigation of terrorist offenses; relevant terrorist criminal offenses; enemy combatants, detention, torture, and drone strikes; and the role of the courts.
LAW 7332. Trusts And Estates. 3 cr. hrs.
Examination of intestate succession, wills and various will substitutes, inter vivos and testamentary trusts, future interests in real and personal property, and problems arising in the administration of decedents' estates and trusts.
LAW 7333. Trademark and Unfair Competition. 3 cr. hrs.
This course, building on the Intellectual Property Law course, covers trademark and unfair competition law in more detail, including trademark registration, acquisition, infringement and dilution and other forms of unfair competition.
LAW 7340. Workers' Compensation. 3 cr. hrs.
Examination of the legal effects of work-related injuries and diseases, including compensability, employment relationships, causation, medical and legal proof, impairment, benefits, claims procedures, administrative and appellate review, third party suits, insurance, and conflict of laws.
LAW 7342. Water Law. 3 cr. hrs.
Examines the legal principles involved in securing, allocating, transferring, managing, and adjudicating water rights for public and private uses. Topics include the prior appropriation doctrine; riparian water rights; groundwater; the public trust doctrine; federal and Indian reserved water rights; water development and distribution; the relationship between water and economic development; water quality; government regulation; federal and constitutional water-related issues; and the economics of water policy.
LAW 7401. Seminar: Adoption. 2 cr. hrs.
This seminar examines current legal and policy issues relevant to the field of adoption. Topics, which may be explored, include standards for the termination of parental rights, concerns related to interracial foster care placements or adoptions, and abrogation of adoption.
LAW 7402. Seminar: Advanced Commercial Law. 2 cr. hrs.
A study of advanced issues related to Articles 2, 3, and 9 of the Uniform Commercial Code.
LAW 7403. Seminar: Advanced Constitutional Law. 2 cr. hrs.
This seminar provides a review of the Supreme Court's most recent constitutional rulings, in-depth treatment of certain topics from the basic constitutional law courses, exposure to several topics normally not covered in those courses, and a survey of emerging constitutional issues.
LAW 7404. Seminar: Advanced Issues in the First Amendment. 2 cr. hrs.
Consideration of the federal constitutional protections of freedom of speech and freedom of religion.
LAW 7405. Seminar: Advanced Issues in Torts. 2 cr. hrs.
Examination of selected torts issues with emphasis on new fields of civil litigation and legislative changes. Includes study of the comparative negligence law and its effect upon the principles of joinder, releases, contribution, indemnity and imputed negligence and products liability.
LAW 7406. Seminar: Advanced Legal Writing. 2-3 cr. hrs.
This course engages students in advanced exercises in legal writing. The goal of the course is to deepen a student's command of the writing process and to expand a student's ability to develop, structure, and write legal texts for a variety of writing purposes and audiences.
LAW 7407. Seminar: Advanced Corporations. 2 cr. hrs.
Examines a number of advanced corporation topics either omitted from, or only covered at the basic level in, Business Associations, including the director primacy versus shareholder primacy model of the firm, the role of the shareholder in the public corporation, executive compensation at the public corporation, and public corporation shareholder proposals and proxy voting.
LAW 7408. Seminar: Bioethics and the Law. 2 cr. hrs.
This seminar investigates legal, ethical, and social problems caused by developments in medicine and the biological sciences. Particular emphasis is placed on moral reasoning and ethical theory. Topics include abortion, reproductive technologies, human stem cell research, death and dying, and reform of the American health care system.
LAW 7410. Seminar: Business Organization and Finance. 2 cr. hrs.
This seminar will examine the organization of business entities, finance and operational structure. Practice in drafting organizational and operational documents will be an important aspect.
LAW 7420. Seminar: Child Maltreatment. 2 cr. hrs.
A seminar which examines the legal, social and psychological dynamics of violence directed at children.
LAW 7422. Seminar: Corporate Criminal Liability. 2 cr. hrs.
Study of the legal issues arising from the criminal conduct of publicly held corporations and their employees. Topics addressed include theories of enterprise punishment, the utility of corporate codes of conduct, the attorney-client privilege in a corporate context, criminal RICO prosecutions, liability for mail fraud and false claims, and strategies in responding to the criminal investigation of a corporate client.
LAW 7425. Seminar: Constitutional Theory. 2 cr. hrs.
This seminar’s core topic is the proper role of the Supreme Court in adjudicating constitutional questions. It will survey the primary theories of and perspectives on judicial review and constitutional interpretation, including textualism, originalism, approaches featuring structural and moral reasoning, political process theory, feminist theory, and critical race theory.
LAW 7426. Seminar: Criminal Punishment. 2 cr. hrs.
This course will explore the theories and practice of criminal punishment in the United States, focusing on questions related to its purpose, method, and efficacy. Topics for discussion will be chosen from the following: death penalty, sentencing guidelines, three strikes, sex offender registration laws, limitations on punishment, the role of victims of crime, and alternatives to the forms of punishment prevalent in the United States.
LAW 7428. Seminar: Development in Milwaukee. 2 cr. hrs.
Explores how the City of Milwaukee and its surrounding suburbs developed as different land use, local government, and urban redevelopment trends, laws, and policies surfaced and were implemented - from the beginnings of land use and zoning to more modern attempts at urban revitalization. Selected topics may include public infrastructure, suburbanization, public transportation, economic development, and the building of Miller Park.
LAW 7429. Seminar: The Foreign Affairs Constitution. 2 cr. hrs.
A study of the foreign policy dimensions of the U.S. constitution. The course will examine topics such as the Constitution’s Treaty, War Powers, and Foreign Commerce Clauses; whether customary international law is part of federal common law; the role of international law in Eighth Amendment jurisprudence; and the Federal-state allocation of the authority to conduct foreign affairs.
LAW 7430. Seminar: History of Women Lawyers. 2 cr. hrs.
This course will explore the history of women in the legal profession examining their entry into the legal profession in the United States, careers, institutions, aspirations, and accomplishments. Through the use of biographical methods, students will extend the historiography of women as lawyers by choosing an early woman lawyer and preparing a paper which describes an aspect of her life.
LAW 7432. Seminar: Immigration Law. 2 cr. hrs.
Study of U.S. immigration law and procedure. Topics covered include the federal government's power to control immigration, judicial review in immigration matters; business, education and family related immigration; political asylum; and employer sanctions.
LAW 7433. Seminar: International Comparative Health Care. 2 cr. hrs.
This seminar will cover private and public health care funding, the scope of access to health care in the population, basic or mandatory benefits and the availability of additional services as well as the preparation for and the powers of a public health system.
LAW 7434. Seminar: International Conflict Resolution. 2 cr. hrs.
The purpose of this course is to understand the variety of ways that countries might choose to resolve disputes among themselves as well as deal with internal disputes and conflicts. The course will start with an overview of international diplomacy, mediation, and arbitration before moving into specific conflicts and hybrid structures established to resolve disputes.
LAW 7440. Seminar: Judging and the Judicial Process. 2 cr. hrs.
This course will focus on courts as institutions and on judges as the primary actors within those institutions. Anticipated topics include judicial selection; judicial ethics; the concepts of judicial independence and accountability and their relationship to one another; the meaningfulness of notions such as judicial activism and judicial inactivism; judicial decision making (both as reported by judges and as analyzed by political scientists, psychologists, and other outsiders); the purpose and appropriateness of specialized courts; managerial or bureaucratic judging; a smattering of jurisprudence; and consideration of how all of these things are affected by changes in the nature and number of cases coming before the courts.
LAW 7452. Seminar: Law, Philosophy and Social Theory. 2 cr. hrs.
The seminar will examine theories of legal meaning and its implications discussed by contemporary critics. Students will consider legal and social implications of questions of violence and power arising in the works of authors such as Robert Cover, Catharine MacKinnon, Robin West, Michel Foucault, Philip Selznick, Ronald Dworkin, Jerome Brunek, Cass Sunstein, Paul Ricoeur, Anthony Amsterdam and others. It is hoped that students of the seminar will develop a renewed appreciation for the complex manner in which law affects our lives in ways we may not perceive immediately. No previous knowledge of philosophy or sociology is required of participants in the seminar.
LAW 7453. Seminar: Law and the Underclass. 2 cr. hrs.
This seminar will critically examine the relationships between law and legal institutions and the contemporary urban underclass. Questions to be addressed will include: To what extent do law and legal institutions contribute to fairness and equality for the underclass? To what extent do law and legal institutions exacerbate the problems and difficulties of the underclass?.
LAW 7460. Seminar: Selected Topics. 1-3 cr. hrs.
Seminars on various topics selected by Law School faculty and approved by the Law School Curriculum Committee.
LAW 7461. Seminar: Selected Topics in Business and Commercial Law. 2-3 cr. hrs.
This seminar explores various topics in law and policy relating to business and commerce, including business organization and finance, bankruptcy, and corporate criminal liability.
LAW 7462. Seminar: Selected Topics in Civil Dispute Resolution. 2-3 cr. hrs.
This seminar focuses on selected issues relating to civil litigation, dispute resolution and alternative dispute resolution.
LAW 7463. Seminar: Selected Topics in Criminal Law. 2-3 cr. hrs.
This variable topic seminar explores various issues relting to substantive criminal law, criminal procedure and criminal evidence.
LAW 7464. Seminar: Selected Topics in Environmental Law. 2-3 cr. hrs.
A variable topic seminar focusing on new or specialized issues in environmental law.
LAW 7465. Seminar: Selected Topics in Estate Planning. 2-3 cr. hrs.
This is a variable topic seminar that addresses issues that arise in the estate planning context.
LAW 7466. Seminar: Selected Topics in Family Law. 2-3 cr. hrs.
A variable topic seminar in family issues and policy. Prereq: LAW 7200.
LAW 7567. Seminar: Selected Topics in Health Law. 2-3 cr. hrs.
Selected current issues in health law, including such topics as public health issues; forensic sciences; health care finance and delivery reform; and genetics, behavior and the law. Prereq: LAW 7221.
LAW 7568. Seminar: Selected Topics in Intellectual Property. 2-3 cr. hrs.
A variable topic seminar focusing on new or specialized issues in intellectual property law.
LAW 7569. Seminar: Selected Topics in International, Comparative and Foreign Law. 2-3 cr. hrs.
A variable topic seminar focusing on specific issues in international, comparative and foreign law.
LAW 7570. Seminar: Selected Topics in Labor and Employment Law. 2-3 cr. hrs.
This is a variable topic seminar that addresses issues that arise in the labor and employment law context.
LAW 7571. Seminar: Selected Topics in Real Estate Law. 2-3 cr. hrs.
This is a variable topic seminar that addresses issues that arise in the real estate context.
LAW 7572. Seminar: Selected Topics in Sports Law. 2 cr. hrs.
This seminar explores selected contemporary legal issues pertaining to professional and amateur sports. Topics may vary from semester to semester. Classes are to be conducted in a discussion format, and each student in the seminar will write a substantial research paper on a specific topic chosen in consultation with the instructor. Students will also make a presentation to the seminar on their research.
LAW 7573. Seminar: Selected Topics in Taxation. 2-3 cr. hrs.
This seminar will examine topics in tax law and policy. Prereq: LAW 7205.
LAW 7581. Seminar: The Supreme Court. 2 cr. hrs.
This seminar will be run as a Supreme Court, with the students assuming the roles of both the justices and, in turns, the lawyers. Specifically, we will usecases that will be argued before the Supreme Court of the United States or the Wisconsin Supreme Court in the semester in which the seminar is offered. The students will be required to orally argue one case and to write one majority opinion and one dissent in cases that other students have argued. The course should be of interest not only to students expecting to engage in appellate advocacy, but also to anyone seeking to improve his or her oral and written legal skills. Prereq: LAW 7004 and LAW 7005.
LAW 7585. Seminar: Tax Policy. 2 cr. hrs.
This seminar explores fundamental issues concerning the country's Federal income tax. Topics include such issues as whether tax rates should be progressive or flat, whether the tax structure should treat taxpayers as individuals or as parts of family groups, whether capital gains should be taxed at lower rates and whether the double tax imposed on corporate income should be eliminated. This course also explores whether the income tax should be replaced with some form of a consumption tax, such as a value added tax.
LAW 7587. Seminar: Truth and Falsehood. 2 cr. hrs.
While truthfulness is an important legal and ethical value, the law does not consistently require truthfulness in our dealings with others, even in circumstances where the stakes are high. There are many examples: The law tolerates some willful and material lies by government officials during the course of criminal investigations. Lawyers are generally permitted to withhold crucial information in fulfillment of their duty of confidentiality. Although witnesses in legal proceedings must swear to tell the whole truth, the rules of evidence may prohibit them from doing so. This seminar analyzes where courts have drawn the line in permitting and punishing deception.
LAW 7588. Seminar: Wisconsin Legal History. 2 cr. hrs.
The main themes in American legal and constitutional history are explored through a case study of the legal experience of the state of Wisconsin. Topics include Wisconsin's pre-1848 experience as a territory; the drafting of the first state constitution; the role of law in the economic development of the state; legal attitudes concerning ethnicity, race and gender; the development of the legal profession; legal education; progressivism and the rise of the bureaucratic state; and legal recognition of the rights of consumers.
LAW 7700. Workshop: Advanced Commercial Real Estate Finance and Development. 2 cr. hrs.
This course will focus on the economic and legal risks and rewards inherent in commercial real estate development. It will examine financial leverage, the profitability of real estate investment, the commercial mortgage market including securitization, tax considerations, the selection of the ownership entity, and commercial leasing transactions.
LAW 7702. Workshop: Arbitration. 2 cr. hrs.
A professional skills workshop focusing on the techniques for effective participation in arbitration. Students participate in mock arbitrations, including the preparation of arbitration materials, writing briefs and decisions, and role-playing. Relevant statutory and case law is also covered.
LAW 7703. Workshop: Advanced Brief Writing. 2-3 cr. hrs.
This course offers an opportunity for advanced instruction in brief writing. The skill of writing effective and persuasive briefs is vital for lawyers working in both trial and appellate courts. In this workshop, students will engage in multiple drafting exercises, including those that focus on drafting statements of fact and drafting persuasive legal arguments. All writing submitted by the class will be subjected to multiple levels of critique. English language usage and principles of citation will also be covered.
LAW 7705. Workshop: Appellate Writing and Advocacy. 3 cr. hrs.
A prerequisite to participation in moot court, this course introduces students to the appellate process, appellate writing, and oral advocacy. Students study how a case travels through the appellate courts at the state and federal level, the criteria upon which cases are accepted for review, spotting issues for appeal, standards of review, developing a theory of the appeal, drafting an appellate brief, and presenting an oral argument. Students learn these skills in the context of a moot court competition in which they draft an appellate brief and deliver oral arguments. Prereq: Legal Analysis, Writing and Research 1 & 2.
LAW 7708. Workshop: Asylum Law. 2 cr. hrs.
This workshop introduces students to the fundamental skills required of lawyers representing an asylee. The workshop will cover the basic requirements and procedures for determining a person’s eligibility for asylum. Students will engage in simulated practice exercises covering case assessment, formulation of a case theory, completion of an asylum application, legal and country conditions research, drafting affidavits, and writing a brief in support of the asylum application.
LAW 7710. Workshop: Business Bankruptcy. 2 cr. hrs.
This course will provide the students with the opportunity to learn how to develop a Chapter 11 plan of reorganization. The Chapter 11 process will be subdivided into its component parts. Each part will be analyzed by solving problems that commonly occur in Chapter 11. Some of the topics to be covered include, first-day orders; executor contracts and leases; collective bargaining agreements; retiree benefits; pension plans; operating rules in Chapter 11; postpetition financing; plan requirements; secured creditor treatment; claims classification; creditor voting; disclosure statements; confirmation problems; cram down methods; 363 sales; pre-packaged plans, and more.
LAW 7712. Workshop: Business Planning. 3 cr. hrs.
Examines legal and business issues lawyers face in representing a business organization in its early stages of development. Topics covered include: (1) selecting the appropriate organizational form for the start-up business, (2) addressing control issues and the particular concerns associated with having minority owners, (3) financing the start-up business, (4) compensating employees, including through stock and stock options, (5) giving equity investors exit rights, and (6) addressing common ethical issues lawyers face in representing start-ups. The course not only examines these principles and the theories behind them, but also studies how they function in practice, through the lens of hypothetical business transactions.
LAW 7715. Workshop: Child Abuse. 2 cr. hrs.
Focuses on developing the skills and competencies necessary for lawyers to deal with allegations of child abuse, whether such allegations arise in the context of civil, criminal, family, or children’s court matters. In particular, students will learn the basic techniques for interviewing children who may have been victims of, or witnesses to, child abuse; how to evaluate evidence of child abuse; how such evidence is and is not permitted to be used in court; and a range of other skills germane to representations that implicate child abuse issues. Students will also draft motions and pleadings designed to enable them to understand the legal issues involved in child abuse matters.
LAW 7720. Workshop: Civil Dispute Resolution:. 2-4 cr. hrs.
This workshop will enhance students' skills in resolving disputes short of litigation. Depending on the instructor's preference, the workshop will focus on mediation, arbitration or negotiation.
LAW 7721. Workshop: Commercial and Business Practice. 2-3 cr. hrs.
This professional skills workshop focuses on the practical aspects of business and commercial practice, including business planning, drafting business agreements and the like.
LAW 7722. Workshop: Contract Drafting. 2-3 cr. hrs.
This workshop introduces students to the fundamental skills common to drafting and negotiating contracts.
LAW 7723. Workshop: Criminal Law. 2-3 cr. hrs.
This variable topics workshop will enhance students' skills relating to representation of defendants, plea bargaining, pretrial litigation, criminal trials, postconviction representation, and mental commitments tied to criminal prosecutions.
LAW 7724. Workshop: Deposition Practice. 2-3 cr. hrs.
This is a professional skills workshop on all aspects of deposition practice, a mainstay of civil litigation. The goal is to enhance your understanding of the rules governing depositions and to develop your skills in taking and defending depositions. Topics include: deciding which persons to depose, preparing and deposing lay and expert witnesses, making appropriate objections, defending lay and expert witnesses at deposition and using depositions at trial.
LAW 7725. Workshop: Drafting Employee Benefit Plans. 2 cr. hrs.
Drafting course with emphasis on creation of tax-qualified employee benefit plans; deferred compensation plans; and executive compensation plans. Students will learn the legal foundation, elements of design, essential terms, use of “boilerplate,” general drafting principles for each plan type, and the available resources for drafting employee benefit plans.
LAW 7727. Workshop: Drafting the Wisconsin Real Estate Transaction. 2 cr. hrs.
Provides experience in drafting documents for a typical commercial real estate transaction in Wisconsin, including negotiating the offer to purchase, obtaining financing, conducting due diligence, and closing the transaction. This will be primarily a drafting course, focusing on the practical aspects of conducting a transaction of this kind. The workshop is appropriate for students considering a general practice, although it will be especially useful for students interested in specializing in real estate law. The class will involve the drafting, negotiating and/or reviewing of the following types of documents and forms: Wisconsin State Bar Form Commercial Offer to Purchase, title insurance commitments and affidavits, ALTA surveys, deeds, and other transactional documents.
LAW 7728. Workshop: Criminal Practice. 2 cr. hrs.
A professional skills workshop focusing on pretrial and post-trial practice in criminal cases. Topics include formal and informal discovery; drafting and litigating suppression motions relating to arrests, stops, searches, identifications, and interrogations; plea negotiations and guilty plea procedures; and postconviction motion practice, including ineffective assistance of counsel challenges.
LAW 7729. Workshop: Domestic Violence. 2 cr. hrs.
Explores some of the social and legal issues involved in domestic violence. Topics include theories of domestic violence, domestic violence laws, and the constitutional implications of domestic violence. Examines both civil and criminal domestic violence law at the state and federal levels. Focuses on developing the practical legal skills needed to adequately address domestic violence. In addition to applying domestic violence laws to discrete cases, students will also create their own civil and criminal laws and defend them constitutionally.
LAW 7730. Workshop: Environmental Practice. 2-3 cr. hrs.
This variable topic workshop will enhance students' skills relating to air and water pollution laws, natural resources and hazardous materials.
LAW 7731. Workshop: Estate Planning. 2-3 cr. hrs.
This variable content workshop focuses on the development of lawyering skills relating to the dispostion of property during lifetime and at death.
LAW 7732. Workshop: Energy Law. 2 cr. hrs.
Focuses on the legal and policy framework for electrical energy project development in Wisconsin. While the workshop covers an overview of the regulations of large-scale, public utility electrical projects, the focus is on opportunities for nonutility lawyers in their careers involving smaller scale electrical generation projects in Wisconsin. Covers the following aspects of such nonutility scale energy projects: An overview of the role of the PSC in large-scale public utility projects; corporate structures for energy projects; financing aspects of smaller scale energy projects including governmental grant and tax considerations; siting considerations for energy projects, including strategies to support and oppose such land use projects; negotiating power purchase and furnish agreements necessary for such projects; conducting due diligence for assessing the viability of energy projects; an overview of environmental permits required for such projects and strategies to maximize the value of such permits; special legal considerations for emerging renewable technologies in Wisconsin, such as biomass, waste to energy and biogas project; assembling teams required to develop or oppose such projects and the role of lawyers in such team management.
LAW 7734. Workshop: Legal and Business Issues in Entertainment Law. 2 cr. hrs.
A practical and comprehensive overview of business and legal issues that impact particular parts of the entertainment industry, including film, television, music, and multi-media. Reviews various areas of law including agency, contract, labor, copyright, trademark, and business organizations, and also uses practical examples and industry documents (deal memos, talent agreements, collective bargaining agreements, arbitration rules, etc.) to analyze the law’s interplay with industry standards and customs.
LAW 7740. Workshop: Family Practice and Procedure. 2-3 cr. hrs.
A professional skills workshop focusing on practical aspects of family law practice, such as divorce, custody, adoption and TPR, using Wisconsin law as a starting point. The workshop will also consider the role and responsibility of a GAL under Wisconsin law. Prereq: LAW 7200.
LAW 7748. Workshop: Technology and Law Practice. 2 cr. hrs.
Presents technology designed specifically for attorneys and the practice of law, communication trends, and management strategies. Explores the software and technology used in corporate law departments and law firms. Types of software explored are: Document Management Systems (DMS), Enterprise Resource Systems (ERP), General Ledger (GL), Time Entry/Time Tracking, eDiscovery/Litigation Support Tools, Document Comparison, Red-Line/Markup, Digital Voice Dictation, Document Assembly, Forms Automation, Real Estate Transaction Tools, Advanced word processing, In-Trial presentation tools, Document tagging\production, Mobile Technology for Attorneys, Small/Solo Practice all-in-one systems, Email Management Strategies, Electronic Records Management, Converting Paper to Electronic, Client Relationship Management (CRM), Social Media Marketing and Search Engine Optimization. Discusses the right hardware for the law firm data center and a good model for a successful law firm IT Department.
LAW 7750. Workshop: Guardian ad Litem. 2 cr. hrs.
This workshop focuses on the practice of the guardian ad litem. It is structured around three major themes: 1) the guardian ad litem in children's court cases; 2) the guardian ad litem in family court cases; and 3) the guardian ad litem in guardianship, protective placements, and mental health commitment cases.
LAW 7760. Workshop: Health Care Contracts. 2 cr. hrs.
This course utilizes detailed cases for planning, analysis, management and resolution of issues in such business aspects of health care as mergers and acquisitions by for-profit and nonprofit corporations, and physician joint venturing investments.
LAW 7761. Workshop: Health Law. 2-3 cr. hrs.
A variable topic workshop aimed at developing students' skills relating to a health law practice.
LAW 7770. Workshop: Intellectual Property. 2-3 cr. hrs.
A variable topic workshop designed to develop student skills relating to specific areas of intellectual property. Focus of the workshop will vary and may include emphasis upon copyright, patent and trademark litigation, patent and/or trademark prosecution and licensing.
LAW 7771. Workshop: Intellectual Property Litigation. 2-3 cr. hrs.
This course is a recreation of an actual intellectual property case through preliminary considerations (such as whether suing is the proper course of action), pleadings, pretrial activities, discovery, trial preparation, evidentiary problems and appellate procedures. Students learn to examine and cross-examine expert and technical witnesses, prepare technical evidence with the assistance of computerized litigation support services, practice presentation of technical subject matter to lay juries and judges, and present evidence regarding the calculation of damages.
LAW 7772. Workshop: Interviewing and Counseling. 2 cr. hrs.
This course seeks to inculate, develop and refine skills of interviewing and counseling, professional skills indispensable to the effective delivery of competent legal services. Whether representing clients in connection with litigated matters, transactions, estate plans or other work, lawyers need to be cognizant of the most effective ways to elicit facts, formulate strategies and render advice. The course will assist students in grasping both the theoretical underpinnings and the practical realities of interviewing and counseling.
LAW 7780. Workshop: Labor and Employment Law. 2-3 cr. hrs.
A professional skills workshop focusing on such issues as collective bargaining, boycotts, strikes, the representation of employers and employees and non-unionized employment claims.
LAW 7782. Workshop: Lawyers & Life. 2-3 cr. hrs.
What, exactly, does it mean to succeed? How can new lawyers maximize the prospects that they will succeed, professionally and personally? This experience aims to equip new lawyers with the capacity to identify, develop, and refine a cluster of skills indispensable to success that receives little attention in the traditional law school curriculum. In particular, the experience will prompt students to examine and employ skills of self-reflection, goal-setting, self-assessment, wellness, resilience, value identification, emotional intelligence, and listening, all toward the end of crafting comprehensive strategies for the pursuit of professional and personal success.
LAW 7785. Workshop: Legal and Business Issues in Collegiate Athletics. 2 cr. hrs.
A practical workshop applying the legal doctrines and theories covered in Amateur Sports Law to current legal business issues affecting the regulation and governance of intercollegiate athletics. Topics covered and practical skills developed may relate to challenges to intercollegiate eligibility and amateurism rules, academic progress and graduation rates; the NCAA's Legislative Services Database (LSDBi), and enforcement of NCAA rules (including proceedings before Committee on Infractions and Infractions Appeals Committee); athlete privacy (e.g., FERPA and HIPPA regulations); gender equity compliance; prevention of sexual and racial harassment; application of the Equal Pay Act, Title VII and collegiate coaching contract disputes; legal rights of former student-athletes (e.g., exploitation of right of publicity); the economics of collegiate athletics; and critiques of the collegiate model of athletics.
LAW 7786. Workshop: Legal and Business Issues in Youth, High School and Recreational Sports. 2 cr. hrs.
A practical workshop applying the legal doctrines and theories covered in Amateur Sport Law to current legal issues affecting the regulation and governance of youth, high school and recreational sports. Topics covered and practical skills developed may relate to the application of the Federal Volunteer Protection Act; review of constitution/bylaws of youth sports organizations for legal compliance; comparative analysis of high school athletic associations and their status as state actors; constitutional rights in high school athletics; student-athlete prayer; gender equity compliance and concerns in high school athletic programs; prevention of sexual and racial harassment and hazing of student-athletes; waivers and releases of tort liability for injuries; premises liability; recreational safety and user statutes; legal duties of care and risk management; and participation rights of homeschooled students.
LAW 7788. Workshop: Managing Intellectual Property. 2 cr. hrs.
The workshop will address the need for companies and individual creators to strategically manage their intellectual property assets. Building on the Intellectual Property Law course, students will study approaches to managing patents, copyrights, trademarks and trade secrets through the spectrum of activities including creation and development of intellectual property; its acquisition, sale and license; ownership and valuation issues; protection and enforcement of rights; and litigation. The workshop will cover legal case considerations and real world business dynamics and provide students with insights into the role and responsibilities of in-house lawyers and outside counsel in this process.
LAW 7790. Workshop: Mediation Advocacy. 3 cr. hrs.
This interactive course introduces students to negotiation and mediation theory and explores strategies and develops skills of effective attorney representation in mediation. The course will examine challenges and choices presented to the attorney from the first client meeting, through preparation of the case and client for mediation, and culminating in the mediation session itself.
LAW 7791. Workshop: Mental Health Law. 3 cr. hrs.
This course is designed around the premise that basic understanding of both law and the behavioral sciences is required in order to be an effective advocate in cases involving the two disciplines. The objective of this course is to assist student in understanding psycholegal standards, forensic psychology practices, and concepts of psychopathology relevant to the practice of mental health law. Student will be expected to examine these standards, practices, and concepts critically. Student will engage in in-class exercises covering mental health law issues that are likely to be encountered in cases involving civil commitment, guardianship, the insanity defense, sentencing, child custody, and other civil and criminal issues.
LAW 7798. Workshop: Natural Resources Law. 2 cr. hrs.
Examines the law and policy related to the governance and management of natural resources in the face of competing demands for their preservation and use. Introduces the debate over resource valuation and will survey the statutory and common law regimes governing a variety of resources including public lands, water, wetlands, wildlife, forests, fisheries, and minerals.
LAW 7800. Workshop: Negotiating Business Transactions. 2-3 cr. hrs.
Determine the best legal structure and financing for your client's start-up. Learn how to structure strategic partnerships and joint ventures between mature and new ventures to protect the divergent interests of both. Plan and negotiate an acquisition from letter of intent, to due diligence, tax planning, financing and drafting the purchase agreement.
LAW 7801. Workshop: Negotiation. 3-4 cr. hrs.
This interactive workshop combines theory and practice in an effort to improve both understanding of the negotiation process and individual effectiveness as a negotiator in a variety of professional and personal contexts. The course emphasizes a variety of relevant skills including effective preparation, persuasion, communication, problem-solving, and decision-making. Students will be given a foundation in the theories and core concepts of the negotiation process and will work on developing practical negotiation skills through rigorous engagement in negotiation simulations, class discussions, and continuous self-assessment and examination of one's negotiation behavior and personal assumptions about the negotiation process.
LAW 7810. Workshop: Patent Prosecution and Evaluation. 2 cr. hrs.
This course covers the strategic decisions and basic drafting of patent applications, claims, specifications and supporting documents and prosecutions of patents before the Patent and Trademark Office, and how the strategic decisionmaking process and choices made during prosecution can be analyzed to determine the value issued patents.
LAW 7811. Workshop: Civil Pretrial Practice. 3 cr. hrs.
A professional skills workshop focusing on pretrial practice in civil cases, including client interviewing and counseling, pleading, informal discovery, formal discovery (including depositions, interrogatories, and requests for admissions and for production of documents), and pretrial motion practice.
LAW 7814. Prosecutor Workshop. 1 cr. hr.
A workshop for students enrolled in the Prosecutor Clinic. Focus on the development of lawyering skills essential for the criminal prosecutor, including those necessary for analyzing and charging cases, representing the state at initial appearances and the preliminary hearings, litigating pretrial motions, negotiating plea agreements, representing the state at guilty plea hearings and sentencing proceedings, and litigating trials to the court and to the jury.
LAW 7815. Public Defender Workshop. 1 cr. hr.
A workshop for students enrolled in the Public Defender Clinic. Focus is on the development of lawyering skills essential for the criminal defense attorney, including those necessary for case investigation and analysis, representing defendants at initial appearances and preliminary hearings, litigating pretrial motions, negotiating plea agreements, representing defendants at guilty plea hearings and sentencing proceedings, and litigating trials to the court and to the jury.
LAW 7817. Workshop: Public Sector Employment Law. 2 cr. hrs.
Survey of the law of public labor relations, including organization and representation of employees, strikes, picketing, boycotts, and collective bargaining. Some emphasis will be placed on the different contexts of private-sector labor law vs. public-sector labor law, including the subjects of bargaining, the limits of concerted action, and the use of interest arbitration.
LAW 7820. Workshop: Real Estate:. 2-3 cr. hrs.
A variable topic professional skills course focusing on commercial real estate transactions.
LAW 7821. Workshop: Representing Professional Athletes and Coaches. 2 cr. hrs.
A study of the formation, interpretation, negotiation, drafting, and enforcement of employment contracts for college coaches, professional athletes, and athletic directors. Topics covered include: the agent’s role in representing professional athletes, representation agreements between athletes, coaches, and contract advisors, the ethical responsibilities of attorney agents, financial planning for the athlete, marketing the athlete, collective bargaining agreements affecting athletes contracts, and the art of negotiation.
LAW 7830. Workshop: Selected Topics. 1-3 cr. hrs.
Workshops on various topics selected by the Law School faculty and approved by the Law School Curriculum Committee.
LAW 7831. Workshop: Selected Topics in International, Comparative, and Foreign Law. 2-3 cr. hrs.
This is a variable content workshop focusing on skills associated with the practice of law in the international context.
LAW 7841. Workshop: Sports Law. 2-3 cr. hrs.
A variable topic workshop designed to develop practical student skills relating to the representation of sports industry clients. Focus of the workshop will vary and may include emphasis on representing professional leagues and teams, professional athletes, colleges and universities, or other entities in the sports industry.
LAW 7842. Workshop: Sports Venues. 2 cr. hrs.
The course is dedicated to the study of the legal, financial, developmental, and political creation of sports facilities in the United States. The course will examine the reasons for the stadium boom and proliferation of sports facilities in our country; the current debate relative to the desirability of public tax dollars underwriting sports venues; the ways in which sports facilities are financed and funded; the creation of governmental bodies known as stadium or taxing authorities; the development process and the real estate implications of stadium creation; the development of a long-term leasehold arrangement between landlord and tenant; litigation challenging government participation in financing and referendums; the creation of public-private partnerships and the risks, financial requirements, and nature of the partnership; the creation of contractually obligated income and the ways in which revenue generation meets the bottom line needs of all interested parties; construction implications relative to the creation of facilities including issues of cost overruns, insurance, and the ADA; relocation and retention issues relative to utilization of facilities for keeping the team at home; a review of the so-called facilities arms race in our universities and the nature of this race; litigation affecting sports facility development; a definition of a green facility; stadium technology; and trends for the future of stadium development.
LAW 7843. Workshop: Sports Industry Governance. 2 cr. hrs.
This course will focus on the intersection of legal and business issues that professional sports leagues and their member clubs encounter on a regular basis and their practical implications. Using the National Football League’s organization, business operations, and litigation experience as a point of reference, the course will examine the tensions between the business objectives of the league, its clubs, players, sponsors and fans as well as the developing legal precedents that govern these relationships.
LAW 7844. Workshop: Sports Sponsorship - Legal & Business Issues. 2 cr. hrs.
This course will introduce students to a variety of legal and business issues pertaining to sports sponsorship and marketing, particularly contract and intellectual property laws as applied to sports marketing arrangements and sports sponsorship agreements as well as their underlying business objectives and risks. It will focus on the development of practical legal skills including how to effectively negotiate and draft sports sponsorship and marketing contracts, and how to protect a client’s contract and intellectual property rights in connection with sports sponsorship agreements and marketing arrangements. Prereq: None.
LAW 7851. Workshop: Trial Advocacy 1. 3 cr. hrs.
This workshop introduces students to the fundamental skills required of trial lawyers, including formulation of a case theory, jury selection, opening statements, direct and cross-examination, and closing argument. Students will engage in simulated practice exercises and the course concludes with a mock trial. Prereq: LAW 7191.
LAW 7852. Workshop: Trial Advocacy 2. 3 cr. hrs.
This course builds on the basic skills in Trial Advocacy 1 and also focuses on jury selection, the use of demonstrative exhibits, expert testimony. Prereq: LAW 7851.
LAW 7860. Workshop: Statutory Interpretation. 2 cr. hrs.
The central objective of this course will be to develop skills essential to dealing effectively with statutes in the course of professional life as a lawyer. The course begins with a review of the legislative process, moves to an investigation of canons of statutory construction and interpretation, and devotes the bulk of the semester to a series of "learn by doing" assignments likely to include exercises in interpretation, counseling sessions with clients, oral arguments seeking to persuade decision-makers to adopt (or to reject) particular constructions of statutory language, and drafting activities.
LAW 7925. Academic Success Program. 1-3 cr. hrs.
Students may earn credit for working as teaching assistants and academic success leaders. Students are selected by and work closely with faculty members and administrators to support and enhance students' classroom experience.
LAW 7931. Topics in Law. 1-3 cr. hrs.
Variable topics course which will be cross-listed with other college departments.
LAW 7950. Advanced Legal Research. 1-2 cr. hrs.
This variable topic course focuses on practical legal research strategies leading students to make informed choices about the type and format of resource to use, an efficient method for using resources, and understanding the costs involved with various resources. Students will complete a series of research assignments demonstrating appropriate research techniques and problem-solving. This course satisfies the advanced legal research requirement.
LAW 7951. Marquette Led Travel and Study Abroad. 1-3 cr. hrs.
Course taught in an international setting by Marquette professors and where students earn Marquette credit. Study Abroad expenses apply.
LAW 7960. Law Journals. 1-3 cr. hrs.
The Law School publishes or edits several law journals, including the Marquette Law Review, the Marquette Sports Law Review, the Marquette Intellectual Property Law Review, and the Marquette Benefits and Social Welfare Law Review. Selection criteria and requirements for academic credit vary from publication to publication. S/U grade assessment.
LAW 7970. Moot Court. 1-2 cr. hrs.
Students may earn credit for researching, drafting, and preparing a brief and oral argument in moot court competitions approved by the Law School faculty. Students on the Executive Board of the Moot Court Board may earn one credit for spending 60 or more hours during a semester on Board work. A total of two credits may be earned over two semesters for Board work. S/U grade assessment.
LAW 7975. Client Skills Board. 1-2 cr. hrs.
Students on the Executive Board are eligible for two academic credits, upon successful completion of a minimum of one hundred twenty hours of qualified academic service to the Client Skills Board. Students may earn academic credit for participating in faculty-approved Client Skills Board competitions above the intramural level. A total of two credits may be earned for Executive Board work. General Board members are eligible for one academic credit upon successful completion of a minimum of sixty hours of qualified academic service to the Client Skills Board. Qualified academic service includes attendance at Board meetings and volunteering for Client Skills Board competitions. A total of one credit may be earned over two semesters for Board work.
LAW 7976. Client Skills Board Competitions. 1-2 cr. hrs.
Client Skills Board team members are eligible for academic credit for participating in competitions above the intramural level. One academic credit will be awarded for each competition above the intramural level. If completely new problems are assigned at each level of competition (i.e. Regionals and Nationals), student may be eligible for competing at each level.
LAW 7978. Trial Skills Competition. 1-2 cr. hrs.
Students may earn credit for participating in trial skills competitions approved by the Law School faculty.
LAW 7980. Judicial Internship - Appellate. 1-3 cr. hrs.
Internship offering students an opportunity to intern with a federal or state appellate court judge. S/U grade assessment.
LAW 7981. Judicial Internship - Trial. 2-3 cr. hrs.
Internship offering students an opportunity to intern with a trial court judge. Placements are made with Milwaukee circuit court judges. S/U grade assessment.
LAW 7982. Mediation Clinic. 2-3 cr. hrs.
A live-client, on-campus legal clinic providing law-based training for law students, education about the law for the Milwaukee Community, and legal service to low income residents of Milwaukee. This course may be taken a second semester with the permission of the instructor. S/U grade assessment.
LAW 7983. Restorative Justice Clinic. 2 cr. hrs.
In this program, law students do restorative justice clinical work with various community programs, help to prepare and mediate victim/offender dialogues in crimes of severe violence referred to the clinic by the Wisconsin Department of Corrections Office of Victims Service, and conduct research on restorative justice issues.
LAW 7984. Law and Entrepreneurship Clinic. 3 cr. hrs.
Students actively counsel entrepreneurs and new businesses in key legal matters under the supervision of a licensed attorney.
LAW 7985. Unemployment Compensation Advocacy Clinic 1. 2 cr. hrs.
This clinic is operated in cooperation with Legal Action of Wisconsin. The live-client legal clinic provides law-based training for law students and representation of unemployment compensation claimants. Students will receive classroom training for one hour, fifteen minutes per week and additional instruction outside of the classroom. Students will observe and critique at least three unemployment insurance hearings and represent claimants in at least two hearings. Students, under the supervision of an attorney, will engage in client interviews, case development, witness preparation, and representation at the administrative hearings. The second semester component will build in the skills learned in Unemployment Compensation Advocacy Clinic 1. Limited to students who have completed 27 credits. S/U grade assessment.
LAW 7986. Unemployment Compensation Advocacy Clinic 2. 1 cr. hr.
This clinic is operated in cooperation with Legal Action of Wisconsin. The live-client legal clinic provides law-based training for law students and representation of unemployment compensation claimants. Students will receive classroom training for one hour, fifteen minutes per week and additional instruction outside of the classroom. Students will observe and critique at least three unemployment insurance hearings and represent claimants in at least two hearings. Students, under the supervision of an attorney, will engage in client interviews, case development, witness preparation, and representation at the administrative hearings. The second semester component will build in the skills learned in Unemployment Compensation Advocacy Clinic 1. Prerequisite: LAWC 7985. S/U grade assessment.
LAW 7987. Supervised Fieldwork. 1-3 cr. hrs.
This program provides students with the opportunity to intern with a variety of governmental and public service agencies under the supervision of a faculty member and under the guidance of agency lawyers. S/U grade assessment.
LAW 7995. Directed Research. 1-4 cr. hrs.
Academic credit may be awarded for directed research under the supervision of a full-time or emeritus faculty member by students who have completed 27 credit hours. The directed research must result in a substantial paper of independent integrity that satisfies the requirements for advanced writing under Section 201(5) of the Law School Academic Regulations. One hour of credit is awarded for each 60 hours of directed research. A student may not take more than two credit hours of Directed Research and/or Graduate Assistant in a semester. A student may not apply more than six hours of Directed Research and/or Graduate Assistant to the requirements for graduation. Prereq: Cons. of instr., cons. of Associate Dean.
LAW 7997. Graduate Assistant. 1-3 cr. hrs.
Academic credit may be awarded for service as a graduate assistant under the supervision of a full-time or emeritus faculty member by students who have completed 27 credit hours. One hour of credit is awarded for each 60 hours of service. A student may not take more than two credit hours of Directed Researchand/or Graduate Assistant in a semester. A student may not apply more than six hours of Directed Research and/or Graduate Assistant to the requirements for graduation. S/U grade assessment.