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.

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.

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 719 with close support from faculty supervisors who are licensed attorneys.
Prerequisite(s): Clinic: Litigation; faculty approval.

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.

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 719 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, Tribal Court Practice, 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 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): 60 hours completed, minimum 2.0 GPA, certification as a Legal Intern and successful completion of Professional Responsibility. Evidence must be taken concurrently with or successfully completed prior to Litigation Clinic. 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 Supreme Court for their student practice certification. 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 first week of classes to change this election. Students must NOT inform the Law Clinic faculty or staff of their choice.

Clinic: Transactional

LW 911; 4-5 hours. Students who enroll in this course will be subject to requirements and restrictions that apply to Clinic Internship. Their representation will focus on working with clients on transactional activities.
Prerequisite(s): 60 hours completed, minimum 2.0 GPA, certification as a Legal Intern, and successful completion of Professional Responsibility. Business Associations must be taken concurrently with or successfully completed prior to Transactional Clinic. 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.
NOTE: Beginning in Fall 2014, after students enroll in clinic, they will elect to take clinic for either a grade or credit/no credit. Students will have until the end of the first week of classes 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): Family Law. 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.
Prerequisite(s): Property; Contracts.

Commercial Transactions and Bankruptcy in Agriculture

LW 987; 1 hour. This course addresses the application of commercial and bankruptcy law to agriculture. Topics examined include application of UCC Article 2 to contracts, contract formation under the UCC and various UCC requirements as applied to agricultural contracts. Also examined is application of UCC Article 9 to agricultural financing transactions and agricultural liens. The special Chapter 12 rules of farm bankruptcy will be covered, inc!uding what it takes to be a "family farmer" eligible for Chapter 12. lncome taxation in bankruptcy, the discharge of indebtedness rules, and legislative proposals that could change the application of Chapter 12 to farmers, ranchers, and commercial fishing operations are also examined.

Comparative Constitutional Law

LW 916; 2-3 hours. This course allows students to explore prominent constitutional themes such as structuralism, federalism, separation of powers, individual liberties, judicial enforcement of constitutional principles, constitutional values, constitutional change, and legitimacy by comparing major constitutional systems. After a broad initial survey of some of the principal constitutional systems, the class will move on to comparative consideration of various fundamental issues such as freedom of expression, equality, minority and indigenous group rights, and localism versus nationalism as they present themselves in specific constitutional contexts.
Prerequisite(s): Constitutional Law I.

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.

Comparative Tort Law

LW 843; 3 hours. This course examines the differences in British and American tort law by specifically comparing the doctrines of nuisance, occupier liability, vicarious liability, and wrongful death. Students will explore how policy considerations and social realities have resulted in divergence and/or commonality in the development of the common law in the British Commonwealth and in the United States while simultaneously undertaking thorough doctrinal examination of the above topics.

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 History

LW 840; 2 hours. This course will examine in depth the origins of human ideas about governance culminating in the U.S. Constitution after a historical journey through the experiences of Sumerians, Babylonians, Hebrews, Greeks, Romans, Germans, French and English. It will also examine the charters, laws and constitutions of the English colonies in America, the actions of the continental Congress, the workings of the Articles of Confederation, the adoption and ratification of the Constitution, and the history of the U.S. Supreme Court.

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.

Constitutional Litigation Seminar

LW 748; 3 hours. An examination of various aspects of constitutional litigation, beginning with the statutory parameters of such actions and including the process of appellate review and Supreme Court decision-making. Students select current topics, decide which topics merit review, and then decide how to resolve the constitutional issues involved. Variable credit, see course schedule.
Prerequisite(s): Constitutional Law II.


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 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 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.

Criminal Procedure: Investigations

LW 752; 3 hours. Criminal Procedure Investigations is a study of legal and institutional limits on law enforcement conduct in the investigation of crime. Those limits come from the Fourth, Fifth, Sixth, and Fourteenth Amendments of the federal constitution; state constitutional rules, statutes, and common law; and local policies and ordinances. Topics include searches and seizures, police interrogations, and the identification of suspects. The central theme of the course is the interaction of many institutions in the regulation of police conduct.

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.