Course Descriptions, Child Advocacy Training - Cross Examination Techniques
Capital Punishment Seminar
LW 822; 2 hours. This seminar will focus on the intricate Eighth Amendment jurisprudence that has developed since the United States Supreme Court's decision in Furman v.Georgia. Some of the main themes will include; recent history of the death penalty and its "constitutionalization; role of aggravating and mitigating evidence in guiding the sentencer's discretion; application to juveniles and mentally retarded; political and social influences and debate; mechanics of trial and appeal; scope of appellate review, right to counsel and habeas corpus controversy; insanity, methods of excecution and the role of clemency; and constitutional challenges to arbitrary imposition of the death penalty including race-based claims.
Child Advocacy Training
LW 913; 1-2 hours. Lawyers who represent children in any type of custody proceeding, child in need of care, divorce, paternity or adoption, face special challenges. The course will include: interviewing children; understanding capacity issues; the roles and ethical obligations of the child's attorney, best interests attorney and other representatives for the child in litigation; the roles of other professionals - mental health professionals, custody evaluators; role of the child's lawyer in alternative dispute resolution; and cultural sensitivity. There will also be an advocacy component. Credit/No Credit.
Children in the Law
LW 885; 2 hours. The course includes a detailed look at the current system for the child in need of care and look at balancing the interests of parents, child and state. The topics will cover foster care; the Adoption and Safe Families Act; working with children in the legal system; defining abuse and neglect; reintegration of families; guardianship; access to medical treatment and mental health care; disability issues, access to special and regular education services; balancing the interests of children and their parents; the role of the guardian ad litem.
Civil Procedure I
LW 863; 4 hours. An in-depth analysis of the litigation process. Topics studied include the rules about pleadings, motion practice, discovery, and other aspects of pre-trial adjudication, such as joinder of claims and joinder of parties. Trial motions and judgments are covered as well. Also examined are the constitutional and statutory bases for subject-matter jurisdiction.
Civil Procedure II
LW 868; 2 hours. Building on the topics covered in Civil Procedure I, this course examines doctrines about personal jurisdiction and venue; service of process; the availability of appellate review; jury trials; and claim and issue preclusion. Also studied are the relationship between procedural and substantive law and an introduction to the principles of federalism and conflicts of law that arise in a system where state and federal courts have concurrent jurisdiction.
Civil Rights Litigation
LW 760; 2 hours. This class will provide a thorough overview of the rules and doctrines governing civil rights enforcement and litigation. While maintaining an in-depth approach to the substantive legal concepts, the course will ultimately be organized around the ideas most central to bringing, or defending, civil rights claims in court. 42 U.S.C. § 1983 claims, and the procedural issues around them, will be analyzed in depth but not exclusively. The course will deal with substantive rights but the focus will be on the enforcement mechanisms, and procedural hurdles, used to bring or defend claims regardless of the rights involved. In addition, there will be discussion of civil rights issues in a broader context, including (1) the power and limitation of litigation and the courts generally; (2) the social and historical context in which the covered doctrines developed; and (3) the place of litigation in larger efforts to build movements and change. The coursework will predominantly cover rights and remedies in the context of individual, civil claims as opposed to federal agencies' claims or criminal defenses. Classwork will proceed based on case and text readings as well as model problems.
Client Counseling (Competition)
LW 825; 1-2 hours. Open to the final four students in the annual intramural client counseling competition who advance to the regional competition. Students interview mock clients, prepare with faculty for competition with other law schools, and write a memorandum on a legal issue raised in the competition. Emphasizes effective communication and counseling in the first interview with a client. Students may earn 1 hour per regional competition, not to exceed 2 hours. Credit, no-credit.
Climate Change Crisis and the Law
LW 891; 2 hours. This seminar course will provide an introduction the law and policy responses to the climate change crisis, and examine the significant challenges to developing legal regimes and employing law and policy methods for purposes of adequately addressing the crisis. The course will examine the complex nature of the climate change crisis, study the development and current operation of the international climate change law regime, consider some of the different law and policy approaches adopted by different countries, discuss the technical, ethical, and legal issues that confront the search for common solutions, and explore the significant challenges that must be overcome in order to develop a successful global response to the crisis.
Clinic: Advanced Litigation
LW 756D; 1-3 hours. Once students have completed a semester of Litigation Clinic, they may participate in advanced clinic for one to three hours depending on faculty availability and approval. Students in Advanced Litigation Clinic will further hone their core lawyering skills by engaging in the practice of law under Kansas Supreme Court Rule 715 with close support from faculty supervisors who are licensed attorneys. Credit, no-credit.
Prerequisite(s): Clinic: Litigation; faculty approval. Because of potential conflicts of interest, students who are working for the Topeka City Attorney, the Shawnee County District Attorney, or clerking for a Shawnee County District Court judge or a Topeka Municipal Court judge, may not concurrently enroll in Law Clinic.
Clinic: Advanced Transactional
LW 911D; 1-3 hours. Once students have completed the transactional clinic internship, they may participate in a directed internship of one to three hours depending on faculty availability and approval. Directed interns will engage in the practice of transactional law. Credit, no-credit.
Prerequisite(s): Clinic Internship/Transactional or Clinic Internship/Litigation. Because of potential conflicts of interest, students who are working for the Topeka City Attorney, the Shawnee County District Attorney, or clerking for a Shawnee County District Court judge or a Topeka Municipal Court judge, may not concurrently enroll in Law Clinic.
Clinic: Litigation
LW 756; 4-5 hours. In the Litigation Clinic, students learn core lawyering skills by engaging in the practice of law under Kansas Supreme Court Rule 715 with close support from faculty supervisors who are licensed attorneys. After registration, students are assigned to one of three litigation practice areas (based upon student preference and supervisor availability): Family Justice and Immigration Practice, Criminal Defense, and Civil Practice. In the Family Justice and Immigration Practice, students represent low-income parents, children, and victims of abuse in a wide variety of domestic relations, civil, and administrative matters. In Criminal Defense, students represent individuals charged with misdemeanors in Topeka Municipal Court and Shawnee County District Court. In the Civil Practice, students represent low-income clients in a variety of civil matters in state and municipal courts and before administrative agencies. In all practice areas, students have the opportunity to practice a range of skills, including interviewing, client counseling, strategic case planning, legal drafting, negotiating, and trial advocacy. Clinic students meet twice weekly for seminar, which provides background knowledge and skills necessary for success in client representation. Students also have regular supervision meetings and perform casework.
Prerequisite(s): 44 hours completed, minimum 2.0 GPA, certification as a Legal Intern and successful completion of, or concurrent enrollment in, Professional Responsibility and Evidence. Completion of the following are recommended: Pretrial Advocacy, Trial Advocacy, and Civil Procedure II. Students are encouraged to talk to Clinic faculty about how their course choices may impact their clinical experience. Because of potential conflicts of interest, students who are working for the Topeka City Attorney, the Shawnee County District Attorney, or clerking for a Shawnee County District Court judge or a Topeka Municipal Court judge, may not concurrently enroll in Law Clinic. Interns must pay a $50.00 fee to the Clerk of the Kansas Supreme Court for their legal intern permit. Enrollment in Clinic may be limited as in any other course.
NOTE: Students enrolled in clinic may elect to take clinic for either a grade or credit/no credit. Students have until the end of the day on Monday of the second week of the semester to change this election. Students must NOT inform the Law Clinic faculty or staff of their choice.
Clinic: Transactional
LW 911; 4-5 hours. In the Transactional Clinic, students learn core lawyering skills by engaging in the practice of law under Kansas Supreme Court Rule 715 with close support from a faculty supervisor who is a Kansas licensed attorney. During the semester students engage in entity representation of nonprofit organizations and small businesses. Students have the opportunity to practice a range of skills, including interviewing, client counseling, strategic case planning, meeting planning, legal and business drafting, negotiating, web conferencing, public speaking, time-keeping/management, and leading with mindfulness. Students also perform presentations for community partners. Each semester students give a Legal Issues for Your Small Business presentation for clients of the regional Small Business Development Center and a Nonprofit Governance CLE for the Kansas Bar Association. Clinic students meet twice weekly for seminar, which provides background knowledge and skills necessary for success in client representation. Students also have regular supervision meetings and perform casework.
Prerequisite(s): 44 hours completed, minimum 2.0 GPA, certification as a Legal Intern, and successful completion of, or concurrent enrollment in, Professional Responsibility and Business Associations. Recommended: Commercial Drafting, Law and Accounting, Law and Finance, Taxation of Corporations & Shareholders, Taxation of Gratuitous Transfers, Taxation of Individual Income, Taxation of Partnerships and Partners, Taxation of Property Transactions. Because of potential conflicts of interest, students who are working for the Topeka City Attorney, the Shawnee County District Attorney, or clerking for a Shawnee County District Court judge or a Topeka Municipal Court judge, may not concurrently enroll in Law Clinic. Interns must pay a $50.00 fee to the Clerk of the Kansas Supreme Court for their legal intern permit. Enrollment in Clinic may be limited as in any other course.
NOTE: Students enrolled in clinic may elect to take clinic for either a grade or credit/no credit. Students have until the end of the day on Monday of the second week of the semester to change this election. Students must NOT inform the Law Clinic faculty or staff of their choice.
Collaborative Law
LW 931; 1-2 hours. Collaborative law offers lawyers and clients a new form of alternative dispute resolution. The parties and their respective lawyers agree to negotiate and resolve the issues without resorting to litigation. The lawyers' role is to help the parties settle. The tools used for adversarial litigation are replaced with disclosure requirements. This course will train lawyers in collaborative dispute resolution.
Prerequisite(s): Mediation and Negotiation (completion recommended).
Commercial Law
LW 870; 4 hours. This course studies the financing and distribution of goods from manufacturer to their ultimate consumer. The course will emphasize the financing of sales transactions (Article 9 of the Uniform Commercial Code). The course additionally will introduce students the traditional processes for payment of sales-generated obligations (Articles 3, 4, and 5 of the Uniform Commercial Code). The course finally will provide an introduction to the growing world of online sales and provide an introduction to blockchain and the developing "lex digitalis" or commercial law of the internet.
Prerequisite(s): Contracts.
Commercial Leasing
LW 871; 1 hour. Commercial Leasing is a transactional course that teaches foundational transactional skills related to a commercial leasing legal practice. After reviewing landlord-tenant concepts and learning how these apply in a commercial leasing context, students will spend the remainder of the course engaging in a series of simulated transactions related to commercial leasing. These may include drafting and negotiating shopping center leases and office leases, and examining leases in the context of assignment and sublease, leasehold financing, and lease acceptance or rejection in bankruptcy. As part of these simulations, students will have extensive opportunities to examine and draft transactional documents related to commercial leasing and engage in various role-play exercises designed to teach relevant lawyering skills.
Comparative Constitutional Law: Rights
LW 851; 3 hours. This course is a seminar that explores how different rights are enshrined, interpreted, and enforced in different constitutional systems. It will be limited to an examination of a few systems, and only a few specific rights. The emphasis will be on comparing the systems of the United States with those of Canada, Japan, and both the E.U. and in some cases certain specific European countries. Some reference will also be made to systems such as South Africa. The analysis will focus on equality rights, freedom of expression, freedom of religion, and security of the person and autonomy. The course will begin with a theoretical exploration of the different understandings of the nature of rights, the role of the judiciary and judicial review in a democracy, and how the limitations on rights and justifications of infringement are, and ought to be, analyzed.
Prerequisite(s): Constitutional Law II (recommended).
Comparative Family Law
LW 852; 2 hours. This class provides a comparative analysis of the legal approach to substantive family law, exploring issues of the foundations of English and European family law. Among the topics discussed will be the definition of family, regulation of marriage, legal recognition of non-marital relationships, parentage, child custody or parental responsibility, dissolution of relationships and child support. The course will also explore the UN Convention on the Rights of the Child and international treaties on adoption, child abduction, protection of children and international enforcement of child support.
Prerequisite(s): Family Law.
Conflict of Laws
LW 755; 3 hours. A study of the problems presented because of differences in the laws of the several states and jurisdictions. Particular attention is given to acquisition of judicial power over litigants; the methods for choosing the applicable law when a transaction or occurrence has a relationship with two or more jurisdictions, each having different laws; and evolution and policies of conflicts theory, with emphasis on current developments and problems peculiar to a federal nation, including constitutional limitations on the power of a state to apply its law to transactions or occurrences that touch other states.
Constitutional Law I
LW 861; 4 hours. This course examines the role of the Supreme Court in the interpretation and enforcement of the Constitution. It also examines the powers of Congress and the Executive Branch, separation of powers, and federalism principles, including the powers of the federal government in relation to the states and federal limits on state power.
Constitutional Law II
LW 862; 3 hours. A study of the constitutional provisions guaranteeing individual rights, including the rights of freedom of expression found in the First Amendment and due process and equal protection principles found in the Fifth and Fourteenth Amendments.
Contracts
LW 700; 4 hours. This foundational course in transactional and commercial law explores basic contract formation and liability under the common law and the Uniform Commercial Code. The course covers mutual assent, consideration, contract interpretation, grounds to avoid a contract, breach of contract, and associated remedies. This course also covers equitable obligations (promissory estoppel and restitution).
Copyright Law
LW 953; 3 hours. This course provides students with an introduction to copyright law in the United States, focusing on the U.S. Copyright Act of 1976. The course covers basic concepts such as subject matter, authorship, duration and formalities and introduces students to the exclusive rights conferred by U.S. copyright law: the right to authorize reproduction, preparation of derivative works, distribution, public performance, display and transmission. The class addresses infringement of these exclusive rights, including the increasing importance of concepts of secondary liability in this context, as well as fair use and other limitations to the enumerated rights. Class discussions incorporate the impact of the Internet on both the delineation and enforcement of exclusive rights and the effects of recent technological and legal developments on specific copyright-reliant industries.
Corporate Compliance: Law and Policy
LW 785; 2-3 hours. Compliance is practice area that many attorneys confront. Attorneys advise clients about how to comply with new laws or regulations, help design programs for clients to implement, and prosecute or defend clients who have failed to stay within the parameters of the law. This class will teach students about compliance from two perspectives. First, it will equip students to deal with the basics of several major compliance practice areas including banking/anti-money laundering, securities/periodic financial disclosure, Foreign Corrupt Practices Act, and information security to name just a few. Second, the class will help students think about the policy behind compliance. What role should attorneys play? What role should whistleblowers play? How much prosecutorial discretion is appropriate? Who are the gatekeepers? What are the limits of attorney-client privilege? Who has the final say for the company? How should risk be managed? By discussing both the policy goals and the practical applications, this class will help students engage in compliance work both effectively and responsibly.
Criminal Appeal Advocacy
LW 903; 3 hours. In this course students write and file two appellate briefs on behalf of Kansas Appellate Defender Office clients, under the supervision of a KADO attorney. Students who qualify as legal interns under Kansas Supreme Court Rule 719 may sign the briefs, although such certification is not a prerequisite for the course. The course includes a seminar consisting of lectures and exercises dealing with a variety of aspects of criminal appellate defense.
Prerequisite(s): Criminal Law, Criminal Procedure I, Evidence, Professional Responsibility.
Criminal Appeal Advocacy: Advanced Topics
LW 903D; 1-2 hours. Once students have successfully completed Criminal Appeal Advocacy, they may participate in a directed internship of one-to-two hours depending on faculty availability and approval. Topics may include briefs, oral argument, or other assignments involving criminal appellate advocacy.
Criminal Justice Seminar: Sentencing, Incarceration and Release
LW 720; 2 hours. The study of criminal justice problems from conviction through release from confinement or parole. Students may look at sentencing considerations, post-conviction remedies, parole and legal problems related to the confinement of persons in correctional institutions.
Prerequisite(s): Criminal Law.
Criminal Law
LW 729; 3 hours. An introduction to substantive principles of criminal law. The course examines the elements of crimes at common law and under modern statutes, together with the history and development of the criminal law, including the various theories of criminal responsibility.
Criminal Law: the Defense and Prosecution Function
LW 730; 1 hour. Using the ABA Criminal Justice Standards as a framework, this course will examine the specific duties associated with the prosecution and defense of criminal cases. The course will identify and apply Kansas statutes and case law to the unique duties of state prosecutors and criminal defense attorneys; it will emphasize the practical application of "best practices" in real world situations.
Prerequisite(s): Criminal Law.
Criminal Procedure
LW 750; 3 hours. An examination of the role of law and the Constitution in police investigation covering in depth most of the important Fourth and Fifth Amendment limitations on police investigative practices. Case analysis combined with the problem analysis method encourages students to examine important legal issues from various perspectives and viewpoints and recreates the lawyer’s experience in analyzing, distinguishing and reconciling legal authorities in the process of advising clients and preparing for litigation in criminal cases.
Criminal Procedure II
LW 839; 3 hours. A second course in criminal procedure law covering criminal process after arrest. Coverage spans the pre-trial, trial, and post-trial process, including prosecutorial discretion to charge, pretrial discovery, plea negotiation, grand jury and preliminary hearing screening, jury selection, double jeopardy, severance and joinder of trials, sentencing, and appeal.
Prerequisite(s): Criminal Procedure I.
Cross Examination Techniques
LW 906; 1 hour. Students will acquire advanced cross examination skills through short lectures, readings, use of audio-visual materials, self-reflective study, and skills practice in small group workshops. The course will focus on making the case to the fact finder through the witness on cross, techniques for controlling the adverse or hostile witness, mastery of impeachment techniques, and integrating the examination effectively into the case theory. Topics will include: use of courtroom technology in cross examination, use of deposition and reports to impeach, get help, and discredit, confronting the difficult witness, law enforcement witnesses, and other kinds of witnesses. The course will be graded.
Prerequisite(s): Evidence, and Trial Advocacy or ITAP.