139 courses with the subject LAW, each shown exactly as we captured it from the college's catalog, with every element we hold. Where the wording looks broken, that is our reading of the catalog, not the college's text.
LAW 1000Civil Dispute Resolution4
Required. Provides an introduction to the civil justice system in the United States and the various methods of resolving disputes. Topics include: the Federal Rules of Civil Procedure, pleading, adjudication by motion, litigation and non-litigation remedies, personal and subject matter jurisdiction, choice of law between judge and jury, post-trial proceedings, judicial review, preclusive effects of judgments, and simple and complex joinder mechanisms. First year/foundational course, no online registration.
LAW 1005Constitutional Powers: Advanced Legal Reasoning3
Covers powers of national government including judicial review and limitations on judicial power, separation of powers, Congress' commerce power, taxing and spending power, and power to enforce civil rights; reserved power of states to regulate and tax commerce; standing of parties and ripeness of disputes. First year/foundational course, no online registration. Course meets in-person.
Required. Offers an introduction in how to approach the law from a transactional perspective. Covers the general scope of the legal protection accorded promises. Topics include mutual assent, consideration, the effect of changed or unforeseen circumstances, conditions, courses of action open to aggrieved party upon other party's default, the statute of frauds, parol evidence rule, promissory and equitable estoppel, nature of remedies awarded in the event of a breach (expectancy, reliance and restitution, liquidated damages, and specific performance).
This course examines the skill of statutory interpretation in the context of the legal and doctrinal underpinnings of the substantive criminal law. The course will address: the elements of crimes against persons and property, the theories justifying punishment, the principles of criminal responsibility, and the defenses to criminal liability. The course will also address the practical and ethical application of these principles. First year/foundational course, no online registration.
This course examines the means by which government is empowered to sanction its citizens and the critical role the U.S. Constitution plays in limiting such governmental action. Available sanctions can take manifold form, ranging from the nominally "civil" sanctions of monetary fines and forfeitures, to the demonstrably "criminal" sanctions of imprisonment and death. After surveying the social, legal, and political rationales supporting government's role in exerting social control, the course will address these and other sanctions, and their constitutional limits, providing class members with an understanding of the evolving power of government in this realm.
This course introduces and explores the professional competencies that lead to a satisfying and successful professional career. Designed to familiarize students with the culture and realities of the legal profession, the course will help students identify the skills, experiences, and individual values that they will bring to their work as lawyers in the profession. Students will also gain an understanding of the importance of an attorney’s reputation, health and wellness, and professional and ethical judgment in an increasingly challenging and demanding market. Students will also be exposed to the continually changing nature of the legal profession and our responsibility as members of the profession to advance our individual and collective skills and expertise in ways that meet the needs of an increasingly diverse client population.
LAW 1025Legal Analysis, Research, and Communication (LARC) I3
Mitchell Hamline’s required first-year Legal Analysis, Research, and Communication (LARC) courses teach skills foundational to understanding the law and representing clients effectively and responsibly. In LARC I, taken during the first semester, students learn to identify legal issues in a fact pattern, perform legal research, analyze statutes and cases, predict the probable outcome of a legal dispute, and communicate their legal analysis orally and in writing. Faculty provide frequent oral and written feedback and multiple opportunities for individual and team conferences. This course is reserved for first-year students.
LAW 1026Legal Analysis, Research, and Communication (LARC) II3
Mitchell Hamline’s required first-year Legal Analysis, Research, and Communication (LARC) courses teach skills foundational to understanding the law and representing clients effectively and responsibly. In LARC II, taken during the second semester, students refine their research skills, learn the fundamentals of oral and written advocacy, and deepen their ability to communicate with diverse audiences. Faculty provide frequent oral and written feedback and multiple opportunities for individual and team conferences. This course is reserved for first-year students. PreReq: LAW- 1025
Legal Methods focuses on essential skills that are necessary to succeed in law school and the practice of law. The course covers critical reading, case briefing, outlining, legal analysis, IRAC, time and stress management, health and wellness, and professionalism. This course is reserved for first-year students.
LAW 1035Property: Jurisprudential and Comparative Analysis4
Examines basic concepts relating to ownership and possession of private property, in part through a comparative perspective. Addresses acquisition of property by find, adverse possession, and gift. Introduces possessory estates and future interests, concurrent ownership and marital interests, and the law of landlord and tenant. This course is only available to current first-year students.
This course teaches students the basic skills all lawyers use in the representation of clients. Students observe and discuss demonstrations of advocacy skills and then practice these skills in a small-group setting. Performance exercises include deposition, direct examination, cross-examination, closing argument and final trial. Students also write an appellate brief and make an appellate argument. PreReq: LAW-1000
This course teaches the basic skills all lawyers use when writing and arguing persuasively. Students will write an appellate brief, receiving feedback and instruction in a small group setting. Students will then conduct an appellate argument on the issues they have briefed.
Students have the opportunity in this course to gain the essential skills, knowledge, and theories to advocate on behalf of clients effectively and responsibly. Through exploration of theories of persuasion and narrative, this course prepares students to be advocates in a variety of professional settings. For the purposes of this course, students are lawyers. Students watch and critique experienced lawyers perform in class and on homework videos. They observe classmates perform in small group exercises, and they assume the role of lawyer by preparing written work, performing skills, and exercising their own judgment.
Teaches advanced legal reasoning in the context of the federal constitutional limitations on the national and state governments including substantive due process, freedom of expression, freedom of religion, and equal protection.
This course will focus on developing skills through simulated negotiations, case studies, exercises and class discussion, with readings that emphasize practical application. The goals of the negotiation course include the following: 1) providing students with hands-on experience and practice in negotiating deals and resolving disputes; 2) sharing with students proven models and frameworks for effective negotiations; 3) exposing students to a variety of negotiation contexts and approaches; 4) acquainting students with the ethical and legal issues surrounding negotiation practice and implementation; and 5) giving students a broader perspective on a lawyer's role beyond the adversarial method to resolving conflict.
Required. Covers the legal profession and the ethical responsibilities of lawyers as they engage in the practice of law. Discussion focuses on situations arising in practice that present important problems of professional conduct, including the concept of service and responsibility that is one of the distinctive characteristics of the legal profession, and the development in the bar of educational and ethical standards.
LAW 2020Transactions & Settlements: Drafting Agreements and Making Deals3
This skills course teaches negotiation, drafting, and client counseling in both the transactional and litigation contexts. The course focuses on how lawyers represent clients in negotiating and drafting contracts and settlement agreements. The course also covers ethical issues arising in deal-making. Examples are drawn from actual cases and deals from a variety of contexts, including business, civil rights, employment law, the entertainment industry, public affairs, and general litigation, and applied through simulations, short case studies, exercises, and class discussion.
This practice-oriented course provides an overview of key regulations impacting business operations and the compliance strategies businesses use to comply with such regulations. Topics include key aspects of corporate governance, elements of effective compliance programs and an overview of regulations in areas such as anti-corruption, environmental health and safety, trade compliance, data privacy and security, corporate sustainability, and health and safety. The course will also cover the federal sentencing guidelines, whistleblower legislation, and attorney ethical obligations when faced with potential enterprise criminal activity. Students will benefit from a variety of business/compliance guest speakers sharing their experience in managing compliance related responsibilities. Students will also gain hands-on experience by applying the principles covered in the course through case studies and business focused writing exercises.
Clean water, safe food and drugs, stable banks, sensible land use, an open and accessible internet-these and many more aspects of modern American life depend largely on decisions made by unelected officials staffing administrative agencies at the local, state, and federal levels. This course examines the authority and procedures that these administrative agencies use to make law, investigate violations of the law, and adjudicate the application of the law to individuals and businesses. The course raises student awareness regarding the operation of the administrative state and important separation of powers and due process questions raised by ubiquitous administrative governance. Blended courses open to all J.D. students. Pre/CoReq: LAW- 1005
Surveys the antitrust field and legal restraints on economic activity. Focuses on trade practices prohibited by the Sherman, Clayton and FTC Acts, including monopolization, price-fixing, distribution restrictions, boycotts, and tying. Brief review of price discrimination and mergers. Some knowledge of basic economics is desirable but not necessary.
Although you may not realize it, you already are a party to numerous arbitration agreements. It is likely, for example, that contracts for your cell phone, internet service provider, apartment, favorite online seller, or employment include an arbitration clause. Are these clauses enforceable? Are any defenses available? Should we permit merchants, financial institutions, and employers to use binding mandatory arbitration clauses that contain class action waivers? Arbitration Law will answer these questions and more. The course will analyze relevant statutes such as the Federal Arbitration Act, proposed legislation like the Arbitration Fairness Act, and case law that defines arbitration. Students are encouraged to register for this course at the same time as Arbitration Skills. Students cannot earn credit in both Arbitration Law and Introduction to U.S. Arbitration Law: Domestic and International Aspects.
Although you may not realize it, you already are a party to numerous arbitration agreements. It is likely, for example, that contracts for your cell phone, internet service provider, apartment, favorite online seller, or employment include an arbitration clause. Are these clauses enforceable? Are any defenses available? Should we permit merchants, financial institutions, and employers to use binding mandatory arbitration clauses that contain class action waivers? Arbitration Law will answer these questions and more. The course will analyze relevant statutes such as the Federal Arbitration Act, proposed legislation like the Arbitration Fairness Act, and case law that defines arbitration. Students are encouraged to register for this course at the same time as Arbitration Skills. Students cannot earn credit in both Arbitration Law and Introduction to U.S. Arbitration Law: Domestic and International Aspects. Students planning to satisfy the long paper requirement in Arbitration Law, and students who have already satisfied the long paper requirement and plan to write another long paper in Arbitration Law, should register for this 3-credit section.
An examination of the law and practice in bankruptcy. The topics to be covered include exemptions, property of the estate, the automatic stay, treatment of leases and other contracts and preferences and other trustee avoiding powers, with an emphasis on Chapter 7 liquidations and Chapter 13 consumer payment plans. Online asynchronous course. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses."A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306.
Bar Prep Strategies: MBE and MEE is available to students during their last spring semester of law school. It centers on two parts of the UBE, the Multistate Essay Examination (MEE) and the Multistate Bar Examination (MBE). While this course does not replace the need to take a commercial bar prep course, it does provide early preparation to help students learn key legal principles tested on the bar exam and bar exam-taking techniques and strategies. Through this course, students will work to master their skills through lecture, modeling, completion of past bar exam questions, written feedback, and self-reflection. Students will also strategically plan their approach to their bar exam preparation post-graduation to ensure passage. While this course is required for some students, it is open to all students. This course includes a $15 course fee to cover the cost of purchasing past Bar Exam questions from the National Conference of Bar Examiners.
This course is designed to teach, reinforce, and enhance the skills that are necessary for successful completion of law school and bar passage. Through completion of MPT problems, students have the opportunity to master the skills of critical reading, legal analysis, and IRAC.
Bar Prep Strategies: NextGen is available to students during their last spring semester of law school. It centers on two parts of the NextGen bar exam: multiple-choice questions and integrated question sets. While this course does not replace the need to take a commercial bar prep course, it does provide early preparation to help students learn key legal principles tested on the bar exam and bar exam-taking techniques and strategies. Through this course, students will work to master their skills through lecture, modeling, practice questions, written feedback, and self-reflection. Students will also strategically plan their approach to their bar exam preparation post-graduation to ensure passage. While this course is required for some students, it is open to all students. This course includes a $15 course fee to cover the cost of purchasing past Bar Exam questions from the National Conference of Bar Examiners.
Surveys the federal income tax consequences of major events in the "life" of a business for businesses and their owners, including formations, contributions, operations, distributions, redemptions, and liquidations. This course compares taxation of Subchapter C ("regular") and Subchapter S ("small business") corporations, partnerships, limited liability companies, and limited liability partnerships. Students spend significant time on statutory and transactional interpretation, and along the way consider policy, political, and institutional factors that determine how the federal "system" of business taxation is structured and enforced. This course is valuable both for students interested in business law who do not plan to specialize in taxation and for prospective tax specialists who want an overview of business entity law taxation. PreReq: LAW- 3305
Independent Film Production will focus on the many legal and business aspects involved in the production of an independent film including, but not limited to: business creation; production development; financing; copyright clearance, acquisition, and licensing; contract negotiation and drafting in all aspects of production; union issues; film distribution; and many other related subjects. The course will be a mixture of the law relating to each aspect of independent film production and a discussion of the real world application of the skills required to move an independent film from concept to completion to distribution. Course meets remotely and synchronously. Remote synchronous courses are considered a distance education course and credits earned will count toward distance education courses. Students may take up to 41 credits under the 83 credit requirement (43 under the 86 credits requirement) toward their J.D. degree through courses that are designated distance education courses.
This course is for students who have an interest in public service and children's issues. The course is designed to provide an overview of the prosecution process in civil and criminal cases involving child abuse and neglect. Students will learn the internal path of both a criminal child abuse case, as well as the civil process for protecting children from further abuse or neglect. This course will explore the necessity of working with a multidisciplinary team of professionals in preparing a case for the court process, as well as the necessary skills needed to communicate with child victims. The course will require observation of a criminal and civil child abuse case. Grades will be based on an exam, short papers and practice exercises, and class participation.
This course discusses the legal relationship between children, parents, and the state, specifically dealing with statutory and constitutional rights of children and families in the juvenile justice system, civil proceedings of abuse and neglect, and education. It further examines federal and state governments’ regulation of families and children in the context of various cultures, and explores the notions of parens patriae and strict scrutiny and whether there are situations in which the government extends its reach too far. This course will offer students an opportunity to review and discuss the notions of “children’s rights” and “best interests” from various perspectives. Online asynchronous course. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses."A distance education course is one in which students are separated from the faculty member or each other for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction among students and between the students and the faculty member, either synchronously or asynchronously. Source: ABA Standard 306(a). PreReq: LAW- 2005
This course covers the substantive, jurisdictional, and procedural law and regulations that pertain to litigation over the validity of issued patents before the Patent Trial and Appeal Board of the United States Patent and Trademark Office. The student will learn the various types of litigations that exist, the differences between them, their differing policy justifications, and their strategic and tactical uses by both patent owners and patent challengers. The class also covers the relationship between PTAB litigation and traditional litigation over patent validity in the courts. Students participate in a simulationof a PTAB litigation, and prepare and present a simulated oral argument to the PTAB.
This is a series of lecture/seminar presentations. The presentations together form ‘An Introduction to Legal Theory.’ The presentations are meant to build on some of the concepts you were exposed to in firstyear Legal Writing, treating them in greater depth and with more rigor. The series should be interesting to those of you who want to have a more complete understanding of how law works. It will be especially valuable if you expect to be involved in litigation or high-end transactional practices.
This simulation course immerses students in Second Amendment appellate litigation through a semester-long case simulation. Students will serve as appellate counsel in a fictitious constitutional challenge to a firearms regulation, performing the complete range of advocacy tasks from case assessment and legal research through brief writing and oral argument before a simulated appellate panel.The course responds to the Supreme Court's transformative shift to a "history and tradition" test in New York State Rifle & Pistol Association v. Bruen (2022) and its subsequent refinement in United States v. Rahimi (2024). Students will apply this evolving constitutional framework whiledeveloping essential advocacy skills: legal research and writing, historical analysis, persuasive argumentation, oral advocacy, and professional collaboration. The simulation includes drafting appellate briefs, conducting peer review, participating in moot courts, and delivering formal oral arguments. Students will receive direct faculty supervision, feedback on all work product, and opportunities for self-evaluation throughout the semester. This experiential course satisfies ABA Standard 304 for simulation courses and provides practical skills training applicable to constitutional litigation, appellate practice, and policy advocacy in any substantive area.
This course examines the many ways in which civil rights laws are enforced and implemented. It is an overview of various areas of civil rights law, including 42 U.S.C. § 1983; the Voting Rights Act; Titles VI, VII, and IX; state human rights statutes and constitutions; and the Americans with Disabilities Act. The course also covers defenses and limitations to liability (including qualified immunity and municipal liability), remedies, and procedural considerations. The course will trace the history of civil rights, analyze different models of civil rights lawyering, and explore the role that litigation can play to promote social justice. The prospects and challenges of transformative lawyering will remain a central theme throughout the course. This is a HyFlex course that will meet at the listed times. We are planning for a portion of the students to participate in-person and a portion to participate remotely and synchronously. PreReq: LAW- 1005 & LAW- 2006
Students will develop skills of initial client interviewing, assessing client's goals, developing and evaluating alternative strategies for achieving those goals, helping clients make decisions, and other aspects of effective continuing client communication. Students will use video, demonstration, simulation, critique and personal reflection to build these skills.
This course surveys Sales and Leases, a primary area covered by the Uniform Commercial Code. The course will introduce students to the UCC, a distinctive set of statutory provisions governing commercial transactions, and Article 1, which provides definitions and rules that apply throughout the Code. The course will also build on the foundation of concepts and topics covered in Contracts: Transactional Law, exposing students to key provisions of Articles 2 and 2A governing the sale and lease of goods. Finally, the course will survey the rights and liabilities that arise from payment by credit card, debit card, checks and other negotiable instruments. The course may also include treatment of Payment Systems, with attention focused on key provisions in Articles 3 and 4.
The capacity to engage in conflict is an essential skill for leaders, managers, and teams in all organizations. Developing this capacity requires self-awareness, reflection, self-management, and the relational intelligence to work through tensions that arise in the normal course of working side-by-side with others. Conflict specialists must also have this capacity in order to assist others in moving through conflict situations. An effective means of helping others to develop the capacity to engage with one another is through the use of coaching. Coaching is defined by the International Coaching Federation as: "partnering with clients in a thought-provoking and creative process that inspires them to maximize their personal and professional potential." The use of coaching is growing as a means of assisting single parties, groups, and teams to intentionally assess and move through conflict and strengthen working relationships. Coaching skills can be embedded into existing professional roles to facilitate behavior change and enhance professional maturation. Professional coaching can also be provided as a distinct service within a broader professional practice portfolio. Conflict coaching can be used as an adjunct or alternative to mediation and facilitation and as a supplement to teambuilding and training programs to assist with the transfer of learning to the work environment. Conflict coaching can also be integrated into a professional coaching practice working with executives, leaders and teams to better address conflict dynamics within organizations. This course will introduce students to the fundamentals of coaching and applications of coaching skills to conflict situations. The course will provide students with an overview of professional coaching practice and how conflict coaching can serve as a means of assisting individuals, leaders, and teams to move through complex conflict dynamics. This course is experiential, and students will practice core coaching competencies while reflecting on and growing their own capacity to better understand the habits and patterns that impact the ability to engage with others. Various models will be incorporated for framing the use of coaching including: Bridges Transitions Model, Theory-U, Self-As-Coach, Complex Adaptive Systems, Karpman Drama Triangle, and Horizontal and Vertical Adult Development. Students will be required to keep a reflective practice journal and submit a paper applying a coaching approach to a real-world scenario.
Provides an introduction to federal constitutional rights that arise in the criminal trial process, including the rights surrounding the charging decision, pre-trial release, speedy trial, discovery, guilty pleas, the right to counsel, jury selection, sentencing, [double jeopardy,] and post-conviction challenges. Course meets remotely and synchronously. Remote synchronous courses are considered a distance education course and credits earned will count toward distance education courses. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses."A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306.
Provides an introduction to federal constitutional limitations on governmental power to investigate crime, including stopping and detaining people, arrest, frisks, searches and seizures, custodial interrogations, right to counsel, identification procedures, and confrontation.
If we are truly in the Information Age, then individuals and businesses need to know how to protect their information. Copyright law provides one means of doing so. This course provides an in depth examination of the core principles of U.S. copyright law, including copyrightable subject matter, ownership, infringement, remedies, and defenses. It also explores related rights such as the Visual Art Rights Act of 1990, the Audio Home Recording Act of 1992, and the Digital Millennium Copyright Act of 1998.
This course examines how obvious and not-so-obvious cultural difference impacts resolution of inter-personal and inter-state (international) disputes. Specifically, the course will bring an international perspective to understanding the impact of culture in the most commonly used international and domestic dispute resolution processes (negotiation, mediation and arbitration). It will follow a three-step approach to know and understand the influence of culture on decision-making, including: awareness and knowledge of one's own culture; knowledge and understanding of another party's culture; and knowledge and impact of either on the desired goal/outcome of the dispute. This course will help students be more culturally aware and better equipped for effective participation in dispute resolution processes that increasingly involve different languages, customs, values, nationalities, and states of origin.
In this intensive simulation course, students will learn how lawyers use the law to help shape deals and resolve disputes. Students will gain hands-on experience in reviewing critical client documents, identifying and researching business and legal issues, counseling clients in person and in writing, negotiating, drafting, and working collaboratively. The course also addresses professionalism in the deal-making context. Students will research and write on a range of related doctrinal issues, including business law, international law, employment law, and other legal topics. Blended courses open to all J.D. students.
Professionals in today's chaotic world must develop the skills necessary to handle those inevitable situations in which external events intrude upon, and interfere with, the professionals' abilities to make clear and appropriate decisions. These situations of uncertainty can easily deteriorate into crises. If not handled correctly, they also can cause irreversible damage to relationships. In order to be effective in such situations, conflict professionals must possess the capacity to collect, assess and adapt new and changing information. They must also develop their creative capacities and vision to take into account and address the consequences for the future (”the day after”). Using the most contemporary tools and methodologies for creative problem solving, students will develop the skills needed for making good decisions in a chaotic reality.
Professionals in today's chaotic world must develop the skills necessary to handle those inevitable situations in which external events intrude upon, and interfere with, the professionals' abilities to make clear and appropriate decisions. These situations of uncertainty can easily deteriorate into crises. If not handled correctly, they also can cause irreversible damage to relationships. In order to be effective in such situations, conflict professionals must possess the capacity to collect, assess and adapt new and changing information. They must also develop their creative capacities and vision to take into account and address the consequences for the future ("the day after"). In addition, professionals must be proficient in tackling challenging conversations. Using the most contemporary tools and methodologies for creative problem solving, students will develop the skills needed for making good decisions in a chaotic reality. Mastering these skills offers the possibility of negotiation success even when your negotiating partners do not share your aspiration to collaborate. Students who completed Challenging Conversations (1 cr.) and/or Decision Making in a Chaotic Reality (2 credits) will be precluded from taking this course.
Systems thinking and design thinking are critical skill sets for leaders and changemakers. Dispute systems design applies these skills to the study of conflict, dissecting and reconstructing the processes by which we prevent, manage, and resolve disputes. In this course, we will analyze at least five distinct dispute systems from a variety of contexts and disciplines. Through readings, exercises, case studies, and discussions, we will assess how they were designed and whether they were designed effectively. We will examine design principles including: procedural fairness; stakeholder identification, communication, and assessment; clear and well-articulated purpose(s); checks and balances; and feedback loops. While legal dispute systems will be addressed, students will also examine systems that are alternative to, and in many cases categorically and intentionally separate from, legal procedures. At the conclusion of the course, students will have the opportunity to propose changes to a dispute system of their choosing.
This course examines the role of the Food and Drug Administration in the regulation of prescription drugs and medical devices, the tort liability of drug and device manufacturers, the novel legal issues that arise from the acknowledged risks and side-effects associated with the use of such products, the role of physicians in prescribing them, and the policy-based legislative limits on the liability of those who develop and manufacture them. The course may also include a discussion of the economics of new products innovation.
This course examines legal, ethical, and social issues raised by our nation's growing elder population. Focus is on the practical application of concepts in Elder Law. Special attention is given to: (1) ethical issues in elder representation; (2) family issues, such as grandparent rights and marriage; (3) retirement; (4) property management, including joint ownership and financial accounts, trusts, and estate planning; (5) alternative decision-making, including health care directives, powers of attorney, and guardianship and conservatorship; (6) managing and paying for health care, including Medicaid, Medicare, and long-term care insurance; (7) health care options and licensing and regulation of health care and housing providers; (8) elder abuse, neglect, and financial exploitation; (9) remedies, such as criminal, administrative, and civil remedies, including medical malpractice; (10) elder mediation; and (11) end-of-life issues, including POLST and physician aid in dying.
Examines state and federal law governing employment discrimination, recent case law and statutory developments, and explores practice areas, e.g., enforcement agencies, plaintiffs' and defendants' representation, judicial and legislative process. Course meets remote synchronously. Remote synchronous courses are considered a distance education course and credits earned will count toward distance education courses. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses." A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306.
Surveys the common law and selected state and federal statutory schemes that regulate the employment relationship in the United States. Specific topics the course may explore include: erosion of the employment-at-will doctrine by state court decisions; employee hiring and discharge; federal and state fair labor standards acts; employee privacy rights; occupational safety and health acts; worker's compensation; and a variety of fringe benefit regulations. This course does not emphasize the anti discrimination statutes such as Title VII or labor management relations statutes such as the National Labor Relations Act. Online asynchronous course. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses." A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306.
The energy industry is heavily regulated yet energy law is a rapidly changing field. The goal of this course is to provide an overview of energy law by examining selected topics in the law of extraction, generation, and distribution of energy resources in the electric, natural gas, and oil industries. This course does not address the transportation industry. This course concentrates on the role of state and federal agencies, the balance between regulation and competition, and the transition to renewable energy. Taking Administrative Law prior to this course is recommended, but not required. Online asynchronous course. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses." A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306.
This condensed online introduction to environmental law surveys the common law, statutory and regulatory foundations of U.S. environmental regulation. Topics are drawn from federal regulation of air, water, and land pollution as well as review of projects impacting the environment. The course uses a problem-based approach in which students analyze hypothetical environmental controversies in online discussion forums and written problem analyses. Online asynchronous course. Students may take up to 27 credits under the 83 credit requirement (28 under the 86 credit requirement) toward their J.D. degree through courses that are designated "distance education courses." This course counts toward the distance education credit limit. A distance education course is one in which students are separated from the faculty member or each other for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction among students and between the students and the faculty member, either synchronously or asynchronously. Source: ABA Standard 306(a).
Studies the concepts and techniques required to apply the principles of wills, trusts, and taxation in the development of estate plans. Topics include drafting of wills and trusts, probate practice and procedure, and income taxation of trusts and estates. The course is intended to be an introduction to estate planning, valuable to both the person intending to specialize in the field and the general practitioner. PreReq: LAW- 3190
Studies the law of trusts and decedents' estates, including intestate succession, limitations on testamentary power, execution, construction, revocation, and contest of wills; effect of change on dispositions; the revocable and irrevocable trust; the rights and interests of the beneficiary; charitable trusts; estate and trust administration, powers, duties, and liabilities of the fiduciary; principal and income allocation, and will substitutes. Blended courses open to all J.D. students. PreReq: LAW- 1035 OR LAW- 1036
Studies the theory and practice of the Rules of Evidence. Emphasizes the analysis and interpretation of codified rules and common law principles pertaining to foundation, relevancy, character evidence, privileges, witnesses, expert testimony, scientific evidence, hearsay, authentication of real evidence, and documentary evidence. Designed to facilitate understanding of the uses of evidentiary rules in the preparation and trial of cases in state and federal courts. It is recommended that students take Evidence prior to or concurrent with Advocacy.
This one-week immersion course provides students a unique opportunity to interact with professional scientists and expert witnesses as they develop and improve their advocacy skills. The course is run in conjunction with the Expert Witness Training Academy (EWTA), which provides hands-on training to researchers, professors, graduate students, and other climate scientists from leading universities and advocacy organizations from across the country. Students work directly with EWTA participants in simulated depositions, oral arguments, direct and cross-examinations of expert witnesses, arbitrations, legislative hearings, Daubert hearings, and jury trials.PreReq: LAW- 2000
Group meetings are ubiquitous in the legal and business world yet rarely is much thought given to the nuts and bolts of how to conduct meetings most effectively. With training and preparation, leaders and participants can dramatically improve group dynamics and decision-making. Facilitation is the art of guiding a group to define its purposes, encourage productive interaction, and achieve its goals. The fundamental theory of group facilitation is that every person in a group is a valuable participant whose voice should be heard and who can play a role in building toward more creative, robust and reliable decision-making. This course will explore the theoretical underpinnings of this model of facilitation through lecture, structured role plays, exercises and group discussions. Students will also learn practical facilitation skills: ascertaining a group’s purpose; structuring a meeting process to meet those ends; encouraging story-telling and dialogue; building consensus; and managing conflict. A blend of philosophy and how to, the course is suitable for anyone interested in meetings and group dynamics. Course meets in-person.
This course explores both fair housing law, and efforts to use law to make housing more available and affordable. Special attention will be paid to the following topics: the history of economic and racial segregation in zoning and housing, redlining, the Fair Housing Act, the Low-Income Housing Tax Credit, and other efforts to promote affordable housing. Students will meet and interact with people working in the field. Course meets in-person.
Studies the law as it relates to the family unit with emphasis on the impact of social, economic, moral, and scientific changes in the society on that relationship. Topics covered include marriage, dissolution of marriage, antenuptial contracts, paternity, surrogate motherhood, child support, tax implications of divorce, bankruptcy, family violence, support, child custody, and adoption. Course meets in-person.
Family mediation offers divorcing couples a cooperative and constructive way to resolve differences and plan for the future. Minnesota now requires that mediation be considered early in the dissolution process. The interactive course provides students with the opportunity to become qualified family neutrals under Supreme Court Rule 114. Students study conflict resolution and emotional issues surrounding divorce as well as learning specific techniques for mediating custody and property disputes. Special attention is paid to identifying families experiencing domestic violence. A variety of teaching methods are used, including demonstrations, role play, and discussion. Students cannot earn credit in both LAW- 3220 Family Mediation and LAW- 3430 Mediation.
Feminist jurisprudence has been called one of the most important movements in legal scholarship today. Feminist scholars argue that the traditional body of law reflects the male emphasis on rights and abstractions while ignoring the distinctive perspectives of women. Scholarship spans every area of law, from sexual harassment to battered wives who kill their husbands; from the "no duty to rescue" rule to redefining fundamental legal concepts like what constitutes an injury. This course involves a review of selected issues in an effort to reconcile the law with the female experience. Limited enrollment.
This course will provide a solid introduction to the world of product liability litigation and cutting-edge issues in food safety. It will equip law students and practitioners with both the legal fundamentals and the practical aspects of product liability litigation through the lens of foodborne illness cases. We will explore the statutory, regulatory and common law framework for foodborne illness torts by examining several case studies from recent foodborne illness outbreaks. General topics will include the evolution of strict liability law; identifying proper parties; value selection; complaint drafting; written discovery; depositions; and working with experts.
LAW 3235Food Labeling and Advertising: Law & Litigation Fundamentals2
A study of food labeling and marketing related laws in the United States, including FDA, USDA, FTC and state consumer protection laws and regulations, public and private enforcement. The course will include a discussion on free-speech constitutional limitations, claims like [non-GMO, natural, organic] as well as current ethical issues and industry practices. If time permits, aspects of international labeling and marketing will be included.
This course will explore some of the many legal issues related to food, from farm to fork and beyond. It will review basic regulatory issues - the roles of FDA, USDA, and other agencies in regulating food production and safety, FDA approval of ingredients and oversight of labeling and marketing, and local menu labeling standards, for example. Seminar participants will also consider agricultural law topics such as organic standards, regulation of genetically engineered crops and animals, pesticide use, and national farm policy, and may explore issues of personal responsibility and tort claims arising from food consumption (such as recent litigation about obesity and E. coli outbreaks.) Online asynchronous course. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses." A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306.
Students will gain an understanding of the complexity of food safety law in the United States. Ensuring food safety from farm to fork is a growing challenge for food and beverage companies as regulatory requirements and supply-chains become more complex. This course will provide students with a practical understanding of key agencies (federal, state, local), statutes, regulations, and supporting regulatory guidance in food safety, enabling students to guide clients on navigating food safety issues.
LAW 3255Health Care Compliance Governance and Ethics2
This course focuses on the role of Boards of Directors in meeting health care challenges and the ethical dilemmas commonly faced by compliance officers. In addition to outlining governance structure and responsibilities, the course will review tax policy with respect to tax exemptions for charitable entities and detail how that tax exemption is conferred. Special attention is given to not-for-profit, as well as for-profit entities and the unique ethical and governance issues presented by various organizational structures. Online asynchronous course. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses."A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306. PreReq: LAW- 3260
This course introduces students to the most important legal and practical concepts in the health care compliance field. Specifically, students will develop an understanding of the laws and regulations encountered by compliance professionals in daily practice with specific attention paid to the federal regulatory infrastructure. Students will also explore key operational concepts including audits, investigations, enforcement and reporting requirements, billing and coding basics, along with employee and vendor issues. Students will test legal and operational concepts through simulation-based projects and small group exercises, including drafting assignments and mock interviews. Online asynchronous course. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses."A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306.
This course is designed to give students a practical understanding of the laws and regulations, beyond those addressing fraud and abuse, encountered by compliance professionals in daily practice. The course will be divided among issues related to the triangle of health care cost, quality and access. Special attention will be given to the Emergency Treatment and Labor Act (EMTALA); provider licensure, discipline and due process, and scope of practice; provider, institutional and managed care liability; credentialing, privileges and peer review; informed consent; research compliance; long term care, end-of-life care and advance directives; health care privacy including HIPAA and the HITECH Act; and compliance strategies to mitigate malpractice exposure. Throughout the semester, the course will address legal issues arising in the course of the implementation of the Patient Protection and Affordable Care Act (ACA) as it relates to the above-referenced topics. The key objective of this course is the appropriate application of a range of statutory, regulatory and common law principles to a variety of health care compliance situations. Reading assignments, course materials, and class discussion (via discussion board) will help students effectively address a variety of legal issues encountered as compliance professionals. By the end of the course, students will have developed basic skills in legal issue recognition and analysis, and increased familiarity with key topics in health law. PreReq: LAW- 3260
This course is designed to expose students to key legal and operational concepts in the health care compliance field. Students use knowledge gained in prior mandatory coursework and participate in simulation-based projects that require them to perform audits, investigations, and reporting activities to ensure compliance with applicable federal and state laws. The course also includes a mentoring component that builds on the theory of experiential learning whereby students are paired with industry professionals effectively linking Mitchell Hamline’s strong academic/classroom environment with the real world of health care compliance. Online asynchronous course. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses."A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306. Pre/CoReq: LAW- 3260
LAW 3275Health Care Law & Opioids: How the"Man-Made Plague" Is Transforming t2
The current opioid epidemic has been branded as “the worst drug crisis in America’s history” and a “man-made plague.” According to the Centers for Disease Control and Prevention (“CDC”), the current public health crisis has claimed more than 351,000 lives to opioid overdoses since 1999 with no end in sight. Its origins are a convoluted mixture of history, medicine, public policy, and regulation. The current opioid crisis also has generated an enormous amount of federal, state, and local litigation, much of which is ongoing. However, it is clear, even though the litigation is far from over, that the aftermath of the opioid cases will transform the pharmaceutical industry in much the same way that the big tobacco cases did. With the amount of information that is publicly available (e.g., media coverage, case evidence, pleadings, settlements and verdicts), the opioid crisis and its attendant litigation present students with a unique opportunity to explore the intersection between public health, regulations, compliance, and the law. Online asynchronous course. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses." A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306.
This is an introductory course examining how the regulatory and legal systems approach quality of care. The focus will be on mechanisms for assuring quality of care including self regulation, credentialing, the doctor-patient relationship, professional licensure, government regulation, and the tort system. Examination of the tort system will focus on confidentiality obligations (including HIPAA), informed consent, and hospital and managed care liability. The course will review the role of ERISA in both managed care liability and health plan regulation. Finally, the course will provide an overview of how the public health system operates to protect both our health care and our civil rights. At the end of the course, students will have examined both the law and policy issues such as the problems arising from medical errors and the struggle to balance the need for quality against rising costs and lack of health care access. The curriculum focuses on cases applying administrative and common law, as well as a variety of statutory schemes.
In this course, we will explore the regulation, structure, and financing of the United States health care system. We will examine structure and regulation of private health insurance coverage at the state and federal levels, as well as Medicare and Medicaid, our two major public coverage programs. We will consider policy questions regarding the appropriate division of responsibility between the public and private spheres in both funding and regulating coverage, as well as in ensuring that those who need health care can afford to access it. We will consider the organization of health care entities such as hospitals, with an emphasis issues concerning not-for-profit organizations. We will learn how the federal and state governments seek to prevent fraud and abuse in Medicare and Medicaid. Finally, we will examine antitrust concerns in the health care industry and efforts to prevent unlawful consolidation of market power. This is a HyFlex course that will meet at the listed times. We are planning for a portion of the students to participate in-person and a portion to participate remotely and synchronously.On-campus components of HyFlex courses are considered in-person. If you cannot participate in the in-person option, select the remote option.
This course examines the legal, ethical, and governance frameworks that protect health information in modern health systems, with particular attention to the privacy and security requirements established under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its subsequent expansion through the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). As the foundational federal regime governing the protection of protected health information (PHI), HIPAA’s Privacy Rule, Security Rule, and Breach Notification requirements provide the core structure through which healthcare entities manage confidentiality, integrity, and access to sensitive patient information. The course will explore these rules in depth while also examining related international, federal, and state privacy laws, enforcement trends, and regulatory oversight mechanisms that shape contemporary health information governance.Recognizing the rapidly evolving technological environment in which healthcare data now operates, the course also introduces artificial intelligence and emerging digital technologies as critical factors in healthcare compliance privacy governance. AI-enabled systems increasingly influence claims processing, predictive analytics, medical devices, clinical decision support, and large-scale data aggregation. These technologies create new challenges for patient privacy protections, cybersecurity preparedness, record retention policies, and institutional risk management for the compliance privacy professional. The objectives of the course are to enable students to (1) identify situations that implicate HIPAA and related health care privacy regulations and effectively navigate the guidance and enforcement resources of the U.S. Department of Health and Human Services; (ii) determine which provisions of the HIPAA Privacy and Security Rules apply to particular factual scenarios and apply those provisions within a compliance-oriented decision-making framework; (iii) understand the significance of robust privacy and security safeguards in an era of increasing cyber threats, digital health infrastructure, and electronic crime; and (iv) develop foundational literacy in AI governance and emerging technology oversight as it relates to patient privacy, compliance risk management, and regulatory accountability.The course is designed to support students interested in careers in healthcare compliance and privacy by introducing key subject areas aligned with the knowledge domains tested on the Certified in Healthcare Compliance (CHC) and Certified in Healthcare Privacy Compliance (CHPC) examinations administered by the Health Care Compliance Association. Through exposure to these domains, the course aims to help students build foundational knowledge relevant to professional certification pathways; however, successful completion of the course does not guarantee examination passage, as certification ultimately depends on individual preparation and performance.
This course tries to determine what limits, if any, should be placed on the gathering of intelligence through human sources. The topics in this course go deeper than what is usually covered under executive powers in a constitutional law course. To learn more about espionage, students will combine classroom discussion with an analysis of a spy memoir, a spy novel, and a law review article about the international law of espionage.
Provides a comprehensive overview of the federal laws as well as policy affecting the ability of foreign nationals to obtain visas to enter and to lawfully remain in the U.S. Topics include the organizational structure of the different branches of government impacting on immigration laws; historical, political, and social aspects of immigration legislation; visa processing and admission requirements; removal grounds and procedures as well as waivers; relief from deportation; applications and petitions; refugees and political asylum; judicial review; and citizenship and loss thereof.
Examines the fundamentals of federal income taxation, including gross income, deductions and credits, assignment of income principles, methods of accounting, gains from dealings in property, non-recognition, capital gains and losses, and tax procedure.
This course provides students with an introduction to the federal Indian Child Welfare Act, including its historical context, present day application, and future implications. This important federal statute is applicable to child protection cases (e.g., foster care placement, termination of parental rights) and adoption proceedings involving Indian children.
LAW 3315Indigenous Cultural and Intellectual Property3
This course analyzes the intellectual property and cultural property rights of Tribal Nations in the United States. The course discusses how Tribal Nations may use federal statutes of general applicability to protect their property interests, and how these federal statutes may fail to protect traditional indigenous knowledge. This course also discusses the federal statutes that have been enacted by Congress to specifically safeguard indigenous cultural and intellectual property, and how Tribal Nations have begun enacting tribal laws governing their own cultural property and traditional knowledge.
Whether students are interested in a career in intellectual property (IP) law or simply realize how important IP rights are to many individuals and businesses, this course is designed to give them a grounding in all four of the major areas of intellectual property law: patents, copyrights, trademarks, and trade secrets. Topics covered include: (1) the scope of each IP right; (2) the requirements for protection; (3) limitations on the scope of protection; (4) the essential elements of a cause of action for infringement or misappropriation; (5) the major defenses; and (6) remedies.
This course is a two credit skills development class directed at teaching the specialized legal writing and trial advocacy skills needed to initiate and conduct a lawsuit in an intellectual property (IP) dispute. Typically, the course will focus on a hypothetical IP litigation case study with multiple IP claims and counterclaims. The course is based on simulated pre-trial and trial litigation of patent, trade secret, trademark, and copyright disputes in the U.S. District Courts, from initial intake of a case to final judgment and post-trial motions, and has a heavy skills component that will require students to draft documents and participate in mock pre-trial and trial exercises. Through a combination of weekly written assignments and periodic live exercises, students will learn and master the trial advocacy skills needed to successfully litigate an IP dispute. Prerequisites: 2nd-4th year student, preferably with at least one class in Patent, Trade Secrets, Trademark or Copyright law (any of which may be taken concurrently).
Surveys the legal aspects of international business transactions, including international sales contracts, international letters of credit, arbitration, regulation of international trade, restrictions on foreign investment, U.S. laws relating to international business regulations, customs and import tax considerations, protection of foreign investments, and related matters. Note from instructor: This is an intensive simulation course in which students are immersed in a complex international business transaction as if they were a mid-level associate at a law firm. No prior knowledge of business or international law is required but students should expect to work collaboratively in teams to gain the substantive knowledge and skills they need to represent their clients.
This course will examine the major international organizations and instruments setting forth guidance on Indigenous rights. The course addresses international Indigenous legal principles and the significant conventions, declarations, and conferences that have led to the development of these principles. International Indigenous legal principles will be discussed in the context of US Indian law, Canadian Aboriginal law, Australian Aborigine law and New Zealand Maori law. This course is for students interested in international Indigenous issues, rights frameworks, and law. The final grade will be based on class participation, a presentation and preparation of a paper on a topic selected by the student and approved by the professor. With the professor’s prior approval, students may prepare a “long paper” to satisfy the Advanced Research and Writing requirement.
Introduces the legal and business issues pertaining to business entities (corporations, limited liability companies, partnerships, and sole proprietorships) from pre formation planning to termination. Topics include agency law; entity formation, structure, and dissolution; and the rights and liabilities of those owning and managing these businesses. The course will take a practical and hands-on approach to these topics. Students will learn relevant business and legal concepts, and apply these concepts in various exercises that will teach students how to properly form, manage, run, and dissolve business relationships and entities. The content of this course is tested on the bar exam in a majority of states.
Museums must comply with a myriad of laws regulating virtually every aspect of their organization and operation. While some of these laws apply to businesses in general. some apply to nonprofit charitable organizations of all kinds. and others are unique to the museum community. This course will provide an overview of museum law. including a discussion of issues relating to museum organization and governance. museum personnel and facilities, museum intellectual and cultural property, and funding for museums. Students will also gain a working knowledge of how a variety of basic legal concepts arise in the museum setting. This course will provide a foundation on which to pursue a career working for and with museums.
LAW 3350Introduction to the International Patent System1
This course provides an introduction to the historical development and current configuration of the international patent system. Topics covered include the Paris Convention for the Protection of Industrial Property Law, the European Patent Convention, and the Patent Cooperation Treaty. The course is designed to be an overview and background discussion for those students who intend to take International and Comparative IP - Patents.
This course provides a broad overview of the most important issues involved in tribal legal studies, including an overview of tribal governments, the history of tribal court systems, the modern day structure and operations of tribal courts, and tribal criminal and civil jurisdiction. The course addresses the development of tribal common law, the incorporation of tribal custom and tradition into tribal laws and institutions, separation of powers within tribal governments, inter-tribal appellate courts, and implementation of traditional dispute resolution mechanisms such as peacemaking courts. Grades are based on a paper and class participation. With the professor's prior approval, students may prepare a "long paper" to satisfy the Advanced Research and Writing requirement. PreReq: LAW- 3455
This course is a skills-development class directed at teaching the specialized legal writing and oral advocacy skills needed to bring appeals of intellectual property disputes before the Court of Appeals for the Federal Circuit. Through a combination of weekly written assignments, preparation of a written appellate brief, and delivery of an oral argument, students will learn the advocacy skills needed to successfully appeal a patent, trademark or copyright dispute to the CAFC, which has exclusive jurisdiction over such appeals. Students who complete IP Appellate Practice take Advocacy for two credits. Take 1 as PreReq: LAW- 3120, LAW- 3320, LAW- 3470, & LAW- 3530
Conflicts are inescapable, be they commercial, employment, familial or interpersonal. In some roles, we find ourselves helping others resolve disputes as their negotiating representative, as a mediator, or as an arbitrator; in other roles, our responsibility is to design an organizational process or program that serves as the forum for resolving disputes. Whichever “private system of justice” we design or use, its desirability and enforceability is always compared with and linked to the “public justice system.” Chief Justice Warren Burger, at the 1976 Pound Conference, famously encouraged judges, lawyers and business leaders to embrace the robust use of ADR processes in order to help all citizens secure access to justice systems and to achieve justice. More than 50 years later, that call, for some persons, remains urgent and desirable; for others, it abandons the fundamental norms and protections of our constitutional order. This course, through discussion, exercises, and simulations, examines the structural values that shape private (ADR) and public dispute resolution processes, the professional values that govern participant conduct within them, and the policy goals that influence process implementation.
Examines the procedural and substantive law and judicial administration of the courts in the area of juvenile delinquency. Primary concentration is on rights of accused delinquents, detention and police conduct, constitutional protection, trial, adjudication, reference for adult prosecution, treatment, and the proper function of the lawyer and the court in the juvenile court system. PreReq: LAW- 1015
Surveys the development and current status of federal labor law, primarily the National Labor Relations Act. The course concentrates on the organizational and other NLRA rights of employees, including employees who are not represented by a labor organization; employer and union interference with those rights; the collective bargaining process and the enforcement of collective bargaining agreements; strikes, lock-outs and consumer boycotts; and the impact of federal labor law on state regulation of the employment relationship.
Law and the Business of Baseball will explore the dynamic relationship baseball and law have enjoyed for more than 200 years. Baseball is a highly legalistic game which involves much more than just the two teams playing. Participants study the origins of the game and how the rules of baseball parallel statutes. A close examination is given the role attorneys have played in the formation of organized leagues and the roles they have played in labor management and as players. The course also examines the role of the Commissioner of Baseball, women in baseball, player salaries, franchise relocation's, fan safety, gambling, memorabilia, and youth baseball. Law and the Business of Baseball will strengthen the participants' understanding of such core subjects as civil procedure, constitutional law, property, torts, and ethics. Each year experts in the baseball and legal community speak to the class. Those guest speakers have included team owners, a league commissioner, chief legal counsels for baseball teams, the official historian for the National Baseball Hall of Fame, an attorney for the Major League Baseball Players Association, an attorney for Major League Baseball, a former major league baseball player who was a member of the 1969 New York Mets and was on the committee that helped select Marvin Miller as the MLBPA executive director, a former major league umpire who is also an attorney, the official scorer for the Minnesota Twins, a former Minnesota Twins batboy who is now attorney who discusses lawsuits regarding batboys, broadcasters, a baseball agent who is also an attorney and many attorney authors who have written baseball law related books. Each year, former Sports Illustrated writer Melissa Ludtke talks about her 1970s groundbreaking lawsuit against Major League Baseball that gave women equal rights to report from the locker room.
The course examines the relationship between law and the origins, implementation, and aftermath of the Holocaust. Students will consider questions about lawmaking, judgment, legal theory, and legal scholarship arising from Hitler’s rise to power; the legalization of the Nazi racial-biological worldview through eugenics and anti-Jewish legislation (including the Nuremberg Laws); and challenges to our conceptions of legal and moral responsibility. In addition, the course focuses on the international legal system’s reaction to the Holocaust, including prosecution of Nazi war criminals (e.g., the Eichmann trial), the Genocide Convention, the Universal Declaration of Human Rights, financial compensation for Holocaust victims through civil lawsuits, and the return of art and antiquities stolen during the war.
A law firm (or private law practice) is a business. To be successful, lawyers working in law firms of all sizes (large, mid-size, small, and solo) must learn to think like business owners as well as legal professionals. This course will introduce students to the elements of a successful law firm including organizational management and leadership, business and financial planning and management, marketing and client development, client relationship management, technology and artificial intelligence, law firm systems, and staffing and resource management. This course will give you a foundation in the business aspects of working in or managing a law firm and will enable you to become a financially productive member of a large, mid-size, or small law firm or to operate your own law firm. Students gain experience in business management and problem-solving skills and drafting key business documents including client memorandums and organizational plans and agreements.
Engages students in simulated learning experiences and exercises. Students practice law in two-person law firms under the supervision of faculty and tutors. Simulated cases, problems and clients are presented to each law firm during the semester, requiring the student attorneys to handle a significant variety of integrated substantive and procedural law involving the following areas: personal injury, professional responsibility, employment law, criminal law, employment/labor law, administrative law and real estate law. Each two-person law firm is involved in proceedings including a jury trial, oral arguments, motion arguments, arbitration, negotiation, and in-chambers settlement conference. Students interview clients, investigate facts, prepare pleadings and motions, draft documents, compose memos, and prepare research memos and briefs. Students can take the course for either 3 or 5 credits. Only the 5 credit course satisfies the Advanced Research and Writing requirement. PreReq: LAW- 2015 & LAW- 3195 Take 1 as additional PreReq: LAW- 2000, LAW- 2002, LAW- 2003
The Business Practicum Seminar is a required co-requisite for students enrolled in a Business Law Practicum and provides foundational training in transactional lawyering skills such as contract drafting and review, risk identification, professional collaboration, and client communication. Students must take the seminar when enrolling in their first Business Law Practicum, but it only needs to be completed once; students who have already taken the seminar may enroll in additional practicums without repeating it.
This practicum introduces students to legal issues surrounding name, image, and likeness (NIL) rights in sports and entertainment. Taught by a practicing attorney with experience representing athletes, organizations, or businesses in the NIL space, the course examines the contractual and regulatory frameworks that govern NIL transactions.Students will review and draft agreements, analyze sponsorship and endorsement arrangements, and conduct legal research using approaches that reflect current professional practice in the field. The course emphasizes practical skills and strategies used by lawyers advising athletes, agents, brands, and organizations in NIL-related matters.LAW-3410 Business Practicum Seminar is a required co-requisite for students enrolled in a Business Law Practicum and provides foundational training in transactional lawyering skills such as contract drafting and review, risk identification, professional collaboration, and client communication. Students must take the seminar when enrolling in their first Business Law Practicum, but it only needs to be completed once; students who have already taken the seminar may enroll in additional practicums without repeating it.
The Consumer Protection Practicum introduces students to the practice of consumer protection law through applied work involving consumer-facing contracts, business practices, and regulatory frameworks. The course is taught by a practicing attorney with experience in consumer protection matters in both government and private-sector settings.Students will draft and review transactional documents and conduct legal research using methods and approaches that reflect current professional practice in the field. The course emphasizes practical skills and strategies used by lawyers addressing deceptive practices, unfair business conduct, and related consumer protection issues.LAW-3410 Business Practicum Seminar is a required co-requisite for students enrolled in a Business Law Practicum and provides foundational training in transactional lawyering skills such as contract drafting and review, risk identification, professional collaboration, and client communication. Students must take the seminar when enrolling in their first Business Law Practicum, but it only needs to be completed once; students who have already taken the seminar may enroll in additional practicums without repeating it.
Lawmaking is increasingly the result of statutes rather than the common law, so it is critical for lawyers to understand the legislative process and how statutes are interpreted and drafted. This course will examine legislation and legislatures at the national, state, and local levels by focusing on two primary aspects of legislation. The first half of the course will focus on rules affecting legislative service and methods and rules used to pass legislation. This will give students a better understanding of structural aspects of legislatures that impact how legislation gets adopted. Topics discussed in this half of the course will include: case law affecting redistricting; rules and case law related to expulsion and exclusion of legislators; term limits; lobbying restrictions; item vetoes; single subject rules; and direct democracy. The second half of the course will focus on the interpretation and implementation of statutes and ordinances. We will examine the canons of construction and extrinsic sources for statutory interpretation, such as committee reports and sponsor statements. Students will also learn concepts related to drafting statutes. This is a HyFlex course that will meet at the listed times. We are planning for a portion of the students to participate in-person and a portion to participate remotely and synchronously.
LGBTQ+ identities have never not been controversial in our society, and that controversy extends to the ongoing evolution of health law and policy affecting LGBTQ+ individuals and communities. This course will explore the history of medicalization of LGBTQ+ identities and the ongoing effects of this approach – for better and worse. We will examine the legal and policy implications of such topics as the HIV epidemic, gender-affirming care, “conversion therapy,” access to care in prisons and similar settings, approaches to intersex individuals, and other current relevant topics. Students will be introduced to an array of contract, administrative, statutory, and constitutional principles, as well as non-governmental policy (e.g., health insurance) analyses, which can and have been brought to bear on these subjects, with a (non-exclusive) emphasis on circumstances in Minnesota. Finally, we will discuss some of the real-life considerations legal advocates make as they develop their advocacy strategies.
LAW 3425LGBTQ+ Youth in Juvenile Justice and Child Welfare Systems2
This course will focus on understanding the pathways for LGBTQ+ youth into juvenile justice and on the reasons why they may languish in child welfare. The course will explore local, regional and national policies and initiatives designed to disrupt those pathways and improve outcomes for systems involved LGBTQ+ youth.
Through discussion, simulations, and role-play, this course focuses on the structure and goals of the mediation process and the skills and techniques mediators use to aid parties in overcoming barriers to dispute resolution. The course also examines the underlying negotiation orientations and strategies that mediators may confront and employ, the roles of attorneys and clients, dealing with difficult people and power imbalances, cultural considerations, and ethical issues for lawyers and mediators. In addition, special attention is devoted to the art of successful representation of clients in mediation. Students cannot earn credit in both LAW-3220 Family Mediation and LAW-3430 Mediation.
Mental health diagnoses impact the daily lives of many young people and adults in the United States. This course will engage in a survey of legal issues that impact the rights of people with mental health diagnoses including informed consent for treatment, privacy rights, mental health insurance coverage and parity, civil commitment, police response to mental health crises, sex offender programs, competency determinations, mandatory reporting and duty to warm, and mental health in immigration court.This course will apply the lessons of the key decisions, statutes, and development of the law that impact the mentally ill and those who treat them. The lessons in this course will be contextualized from the perspective of a practicing attorney advising the mental health practitioners, payers, and government systems that intersect with the mentally ill in their practice.
This course will examine the legal and practical issues that arise in connection with mergers and acquisitions of U.S. businesses. More specifically, the course will be divided into two sections. The first part of the course will examine the techniques used to accomplish merger & acquisition transactions and the legal rules relevant to these transactions. The second part of the course will shift to a transactional perspective and students will engage in a simulated merger or acquisition transaction. PreReq: LAW- 3016 OR LAW- 3340
This course covers some fundamental issues in real estate law. Students will draft deeds, perform a title search and draft an abstract of title, negotiate a residential purchase and sale, negotiate a letter of intent for a commercial lease, and advise a client on fair housing issues. Blended courses open to all J.D. students. PreReq: LAW- 1035
Foundational course examining the historical basis for the relationship between tribal governments and the federal and state governments. The course will allow students to explore the cross-cultural fields of Native American Law to include: Indigenous legal principles, tribal law, federal Indian law, and the relationships between Tribal Nations and other governmental entities and systems. Subjects emphasized include civil and criminal jurisdiction, protection of natural resources, tribal gaming, taxation, regulation as applied to American Indians and non-Indians, and the overarching theme of tribal sovereignty. This course is required to start the NALS Certificate.
The course will cover the most common types of personal injury claims and defenses including motor vehicle accidents, premises liability, alcohol related claims, and other personal injury cases. The Course will discuss how these claims are brought and defended under Minnesota statutes and case law.
This course explores the nature and sources of systemic and organizational conflict, and provides students with an opportunity to develop practical skills to prevent destructive conflict before it occurs and manage inevitable conflicts that arise in organizations. This course will utilize a range of modalities including case studies, discussions and research projects to illustrate key organizational conflict concepts. Students will learn how to analyze conflicts and help organizations create productive outcomes. Online asynchronous course. Students may take up to 41 credits under the 83 credit requirement (43 under the 86 credit requirement) toward their J.D. degree through courses that are designated "distance education courses." This course counts toward the distance education credit limit. A distance education course is one in which students are separated from the faculty member or each other for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction among students and between the students and the faculty member, either synchronously or asynchronously. Source: ABA Standard 306(a).
Introduces the history, philosophy and economics of the patent system, including the policy objectives of the system and the major legal mechanisms by which those objectives are carried out. This introduction focuses on the justifications for the grant of patent rights and the relationship of those justifications to the substantive requirements of statutory subject matter, utility, anticipation and obviousness. This course presents the theory of patent claiming and its linguistic consequences. This is a HyFlex course that will meet at the listed times. We are planning for a portion of the students to participate in-person and a portion to participate remotely and synchronously.
Provides a detailed examination of the substantive law and underlying policies that govern the validity, enforceability, and infringement of patents. The subjects to be treated include claim theory, enablement issues, interference theory, the meaning of "prior art," the Doctrine of Equivalents, contributory infringement and misuse, re-issue and re-examination, remedies, restriction practice and double patenting, design patents, and an overview of internal procedures of the Patent and Trademark Office. This is a HyFlex course that will meet at the listed times. We are planning for a portion of the students to participate in-person and a portion to participate remotely and synchronously. PreReq: LAW- 3470
This course focuses on practice before the United States Patent and Trademark Office in the prosecution of applications for patents, and addresses considerations in the preparation of a patent application. The course provides an introduction to claim drafting and studies the application of legal authorities in drafting claims to avoid the prior art. Participants receive an overview of the rules of practice before the Patent and Trademark Office as they relate to both pre-issuance and post-issuance procedures.
LAW 3480Native American Law: Tribal Court Jurisdiction & Practice1
The study of Tribal Court Practice and Jurisdiction will provide students with the opportunity to engage in some of the most significant legal, governance, and justice system developments occurring in Indian Country today. The course provides an overview of the structure, authority, and function of Tribal courts, including the exercise of inherent Tribal sovereignty, the limits imposed by federal law, and the complex jurisdictional landscape involving Tribal, federal, and state systems. Students will examine civil and criminal jurisdiction, including issues related to non-Indians, Public Law 280, and the evolving scope of Tribal authority. The course also explores procedural and practical aspects of practicing in Tribal courts, including the role of lay advocates, culturally informed dispute resolution processes such as peacemaking and restorative justice, court administration, and ethical considerations. The course will also examine healing to wellness and other treatment courts implemented by Tribes. Additionally, students will analyze key areas of Tribal court subject matter jurisdiction and the enforcement of Tribal laws and codes, all within the broader context of strengthening Tribal justice systems and advancing self-determination.
An introduction to the basic elements of public international law, including the status of public international law as law, sources of international law, the law of treaties, customary international law, the role and status of international law in the United States, the roles of states, international organizations and non-governmental organizations, recognition of states and governments, state succession, and the use of armed force among states.
You have obtained the knowledge and tools to determine and litigate when a breach of contract exists or tortious conduct has occurred. Do you know how to get your client what they want? Remedies is a course for the pragmatically-minded attorney who wants to understand the answer to the question, "The law was violated; so now what?" In this course we seek to close the gap between the theoretical concepts of the law and the substantive remedies available to your client. Current case examples will be utilized, along with relevant cases from the text, to consider possible legal and equitable remedies available in various situations. This is a dialogue-driven course, and includes the opportunity to draft and receive feedback on a pleading and proposed order related to a specific remedy considered in class. Remedies is often necessary for the bar exam to be able to fully answer what types of damages are available to your client - monetary or equitable.
LAW 3495Residency - Law and Business FieldPlacement5
This course is designed to provide students with the opportunity to observe, participate in, analyze, and reflect upon the work of a business lawyer or business professional working with the law. Students perform fieldwork under the supervision of a lawyer in a company or law firm setting. The professor has established relationships with some companies and law firms that regularly provide placements, but students are encouraged to seek placements of interest to them. In addition to doing fieldwork, students meet as a group with the professor on a regular basis during the semester through the Law and Business Externship course. The Law and Business Externship course covers topics relating to the work of a business lawyer or business professional working with the law. PreReq: LAW- 2015
Covers the creation and perfection of consensual liens known as "security interests" in personal property under Article 9 of the U.C.C., proceeds and priorities problems, remedies and default, repossession and disposition of collateral. This area of law is widely used in business, commercial and consumer transactions of all types, including bank financing, mergers and acquisitions, and the sale of business, agricultural and consumer goods on credit.
This course will examine the federal and state statutes and regulations that govern the offer and sale of securities by corporations and other entities. The course will also cover the reporting, proxy solicitation/ voting and other securities law obligations of companies whose securities are publicly traded, as well as the laws regarding trading in securities, such as insider trading and tender offers. The focus of the course will be how a practical, hands-on, working attorney goes about identifying issues, analyzing alternatives and forming solutions for clients. PreReq: LAW- 3340
The Semester in Practice Program provides students an opportunity to spend a semester doing legal work, for 30-40 hours a week, while fully immersed in a law office, government agency, legal department, or other law-related setting. In the field work component of the program, students pursue self-designed learning goals at an approved site under the supervision of onsite attorney mentors. In an accompanying academic component, working in collaboration with a Mitchell Hamline faculty member, students reflect on their field work experiences and relate them to larger legal, policy, and practice issues. Credits 9-15 Grades PF Pass Fail
Structured Study Groups focus on assisting students with the mastery of skills (e.g., outlining skills, study skills, and exam-taking skills) within the context of their doctrinal classes. The Structured Study Group Leaders are responsible for leading study groups for one hour each week, and for preparing lesson plans, small group exercises, and a variety of teaching and learning tools with the goal of facilitating student learning in a collaborative setting. The Leaders are also encouraged to be available outside of the study group sessions to assist their students and to serve as mentors. In addition, the Leaders are required to attend classroom sessions focused on pedagogy that require significant reading, preparation of mock lessons, and other assignments designed to improve their teaching skills.
This interdisciplinary course introduces students to important theoretical perspectives on our understanding of conflict and conflict response. Specifically, students explore the biological/physiological, psychodynamic, social psychological, communication, and sociological/political perspectives on conflict by reading and discussing major theoretical works within each perspective. Emphasis is on comparing and distinguishing key dimensions of these theories, such as the nature and sources of conflict, conflict escalation, conflict response, and the nature of the third party role. Classes follow an interactive format. Using case studies, exercises, and group discussion to draw upon personal experiences, including those involving race and social identity, the course explores the usefulness of each perspective to understand the experience of conflict. Online asynchronous course. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses." A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306.
This course provides an in-depth examination of trade secret law, including the scope of protection, the prerequisites for protection, and the elements of a claim for trade secret misappropriation. In contrast to other IP courses, trade secret law is primarily based upon state law. Thus, students will learn how to read, interpret, and apply state law and how differences in theway states interpret and apply trade secret law may alter the outcome of a case.
Provides an in depth analysis of the fundamental issues involved in protecting indicia of source. The basics concepts in trademark, trade dress, and unfair competition are covered. The subject matter of trademark law, the scope of trademark rights, infringement, defenses and remedies are presented. This course also covers the protection of trademarks when registered as domain names under the Uniform Dispute Resolution Policy.
This course will discuss the biological, social, and emotional effects of trauma experienced by individuals and families involved in legal systems. Students will gain skills to incorporate neuroscience and social science research into legal practice to effectively address the trauma experienced by their clients within the boundaries of an attorney-client relationship. There will be discussion of the adequacy of current legal systems’ trauma response and an opportunity to consider methods of change. This course will pay special attention to the ethical responsibility lawyers have to understand and address the trauma of their clients and themselves, including the relationship between competence, zealous advocacy and trauma responsive practices. This course will offer an opportunity to implement lawyering skills through group work and case scenarios. Online asynchronous course. Students may take up to 27 credits under the 83 credit requirement (28 under the 86 credit requirement) toward their J.D. degree through courses that are designated "distance education courses." This course counts toward the distance education credit limit. A distance education course is one in which students are separated from the faculty member or each other for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction among students and between the students and the faculty member, either synchronously or asynchronously. Source: ABA Standard 306(a).
Surveys no-fault compensation laws covering personal injuries in employment, including substance, procedure, and benefits under workers' compensation law.
This course will examine the reasons behind wrongful convictions in the United States. There are many people in this nation convicted of, and serving time for, crimes they did not commit. Currently over 200 people have already been exonerated of crimes for which they were convicted. The course will include lecture, discussion and guest speakers about eyewitness identification, false confessions, snitches and informants, government misconduct, ineffective assistance of counsel, forensic science including DNA testing, post-conviction remedies, the death penalty, media and investigative journalism, and racial bias. The course will also include in-class exercises designed to help deal with these issues as a practitioner. Note: this course is not a clinical course.
Due to its unique history and the relative lack of reservations, Alaska Natives are and have been impacted differently by the law than Native Americans elsewhere in the country. This course explores the history and nature of Alaska Natives’ legal relationship with the state and federal governments, issues of tribal sovereignty and Alaska Native self-government, history and impact of the Alaska Native Claims Settlement Act, application of the Indian Child Welfare Act in Alaska, and the operation of tribal courts in Alaska.
The study of Native American Natural Resources Law will provide students with the opportunity to engage in some of the most significant economic decisions, stewardship initiatives, and cultural responses emanating from Indian Country in contemporary times. The course provides an overview of the law surrounding Tribal cultural property, the protection and utilization of the land in terms of resource production and conservation, the development of natural resources derived from Indian lands and the intertwined principles of the federal trust responsibility, taxation of resources, the ever-growing field of Native water rights, and the on-going enforcement of treaty hunting, fishing and gathering rights.
Explores the major facets of pretrial litigation. Students study litigation planning, pleadings, discovery, motion practice, and related elements. Students participate in simulated and written exercises involving these skills which are critiqued by experienced practitioners. PreReq: LAW- 1005 OR LAW- 2000
This course will cover important aspects of advanced civil procedure including study of the theory and practice of class-action litigation, multi-district litigation, and appeals. The course provides deeper analysis of topics including conflict of laws, federal jurisdiction, forum selection, and litigation funding. PreReq: LAW-1000
Provides training in trial advocacy skills for each stage of trial. Areas covered include: ethics, psychology of persuasion, opening statement, direct examination, exhibits, objections, cross-examination, and closing argument. The teaching methods will include lecture, demonstration, discussion, simulation, instructor critique, and video critique. The final exam will be a trial.
Covers all aspects of advocacy involved in jury trials, bench trials, administrative hearings, and arbitration. Students learn by performing videotaped exercises in every class, and are critiqued by experienced lawyers and judges. The course covers case preparation, opening statements, direct examination, cross-examination, exhibits, expert witnesses, jury selection, summation, and advocacy ethics. Cases cover a range of civil and criminal problems. Students prepare written questions, outlines, and a trial brief, and try a complete bench trial or arbitration case and a full-day jury trial. Offered as a full-semester course during the fall and spring semesters, and in a concentrated format during summer session. Take 1 as PreReq: LAW-2000, LAW- 2002, & LAW- 2003
This course is designed to help students become more comfortable drafting a variety of legal documents quickly and effectively, enabling them to produce excellent, timely work in practice. The course covers both predictive and persuasive writing, as well as document drafting. During this course, students will improve their fundamental writing skills, sharpen their legal analysis and strategy, and further develop their editing ability. Students will draft one document per class, with time for collective review, followed by individual editing and rewriting. The documents students will draft include a statute, a contract, jury instructions, a complaint/answer, a notice of motion/motion, interrogatories, an opinion letter, and a will. The particularly small class size—the course is capped at ten students—will facilitate a workshop atmosphere that includes collective editing exercises and multiple opportunities to provide and receive detailed and meaningful feedback. This course focuses solely on writing and analysis. There is no research component.
Action park featured homegrown attractions, an experimental approach to safety, vast quantities of alcohol, and, as it turns out, an almost entirely notional insurance company--all overseen by its founder, who had, as we will discuss, a unique, but not entirely baseless, view of what his responsibility should be. In addition to stories, injuries, and deaths, Action Park has led to a movie and a book--and now a law school course. The course will include guest speakers, including some who visited Action Park, as well as people from today's amusement park industry. Additionally, the author of the book and the director of the film will join the course, as will a psychologist who specializes in risk taking behavior by adolescents and young adults. The premise of the course is that we can sometimes learn the most about the development of various areas of law by exploring situations in which someone pushes those areas' boundaries. We will primarily explore tort law, but also touch on administrative law, the interplay of federal and state law and regulations, and insurance law. PreReq: LAW-1040
This course provides strategies for conducting advanced legal research with an emphasis on how the Internet and advances in technology have changed society and the practice of law. It builds upon the research skills students acquired in the first-year LARC Program and doctrinal courses. In addition to federal, state and local legal resources, the course will introduce students to alternative research sources and organizational tools, as well as strategies for successful interdisciplinary research. Students will explore the different approaches needed for policy and planning research versus transactional and litigation research. A combination of lectures, homework assignments, research exercises and other activities will allow students to apply research concepts in practical settings. Online asynchronous course. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses."A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306.
Advanced Evidence picks up where Evidence leaves off. It will focus on certain advanced doctrinal topics such as scientific evidence, expert testimony, and privileges. In addition to examining federal law governing these topics, this course will also examine state law variations, with a particular emphasis on Minnesota practice. The course has a significant research and writing component -- the majority of the grade will be based on several short papers. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses."A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306. PreReq: LAW-3195
This course offers invaluable, practical experience that bridges the gap between classroom learning and real-world legal practice. Through intensive hands-on training, students will engage directly with seasoned professionals such as judges, attorneys and mediators, gaining insights into the nuances of client representation, courtroom procedure and dispute resolution. This exposure allows students to refine their legal reasoning, oral advocacy, and negotiation skills in a supportive, yet challenging environment.Live feedback from practicing experts ensures that students receive immediate, targeted guidance, enabling them to strengthen their performance and build professional confidence. By simulating real-life family law cases and participating in mock trails, hearings, and mediations, students will not only deepen their understanding of legal principles but also develop the practical tools necessary for a successful career in family law. This course equips aspiring family law practitioners with the competence, judgment, and adaptability essential to advocate effectively for clients in emotionally charged and complex legal matters.
The course provides a more in-depth engagement with topics in the field, including topics on major federal legislation and regulation within and involving tribal governments and populations. Legal issues surrounding American Indian religious freedom, graves protection, cultural property protection, the Indian Gaming Regulatory Act, the protection of tribal children under the Indian Child Welfare Act, environmental regulation, and the jurisdictional issues arising from the Public 280 federal legislation may be covered, as well as other contemporary issues impacting tribal sovereignty. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses."A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306. PreReq: LAW-3455
Restorative Justice offers a refreshingly different framework for thinking about crime and other wrongdoing. Increasingly it is being called on as a practice to address non-criminal forms of conflict and harm that lead to deeply divided disputes in civil society. The heart of Restorative Justice is the practice of Restorative Justice Dialogue. This distinctive form of dialogue acknowledges the damaged relationships, as well as the injuries sustained by victims, that result from any wrongdoing and focuses on healing for all those involved. Rather than the adversarial approach commonly found in criminal and civil adjudicatory proceedings, the practice of Restorative Justice Dialogue involves engagement of those harmed, those causing harm and the community for the purpose of social healing in a way that can lead to recovery of our shared humanity in the midst of conflict, crime and harm. This course offers students an opportunity to study the four leading forms of Restorative Justice Dialogue practice: (1) Victim-Offender Dialogue (formerly called Victim-Offender Mediation); (2) Group Conferencing (sometimes called Family Group Conferencing); (3) Talking Circles (sometimes called Peacemaking Circles); and (4) Truth Commissions. The course will examine the principles underlying these forms of Restorative Justice Dialogue practice and explore the possibilities they offer to move beyond the limits of a retributive sense of justice toward embracing the importance of social healing in the community including the potential they have to encourage reform of judicial systems, to address disputes beyond the criminal justice system and to advance racial justice. The course will also explore the application of these processes in schools, workplaces, faith communities and families. Students will be invited to draw on their own experience of conflict as they explore the dynamics of different kinds of conflict. The class will be highly experiential in nature with the practice of the talking circle serving as a core modality for class discussion.
Course description: Studies the principal jurisdictional problems encountered in the federal courts. The course includes an in-depth analysis of diversity and federal question jurisdiction, suits against government officials, federal injunctions of state court proceedings, the abstention doctrine, the Eleventh Amendment and sovereign immunity, the Erie doctrine, and cross-jurisdictional preclusion.
This course offers the opportunity to learn more about artificial intelligence (AI). Many consider the development of AI equivalent to the Industrial Revolution. We will demystify AI, machine learning (ML), and generative AI (GenAI). This course provides a comprehensive examination of the legal, ethical, and policy challenges presented by AI. AI is transforming legal practice and requires us to reevaluate traditional doctrines in subject areas ranging from torts to ethics to intellectual property to dispute resolution. We will address questions such as: when a large language model trains on billions of copyrighted works, is that infringement or a transformative fair use? What happens when an AI system causes harm, and do traditional tort law doctrines like negligence and strict liability apply? We will review and analyze the emerging regulatory landscape, contrasting the United States and the European Union, for example. We will critically assess how AI can be used within the justice system and what impact it is having on the legal profession in general. The course will be very interactive. We will explore how students use AI in their jobs and in their own lives. The course will provide students with the critical and informed perspective 218 required to advise future clients, participate in policymaking, and use AI ethically and responsibly. Lawyers must understand limitations of AI tools to use those tools ethically and effectively. Credits 2
