Course Descriptions, Family Law - Juvenile Offender
LW 728; 3 hours. This course introduces the numerous subject areas which comprise family law today starting with the often complex federal and state laws and cases on how to define a family. In addition to the traditional topics, such as marriage, parent- child relationships, divorce, property division, maintenance, child custody and child support issues, the course covers premarital, cohabitation and postmarital contracts, paternity, adoption, assisted conception, the role of the lawyer in family law, and alternative dispute resolution. This course is a prerequisite for Divorce Practice and Family Law Seminar.
Family Law Quarterly Junior Staff Editing
LW 831; 1 hour. This course is offered to second-year students who have met the requirements to become staff members of the Family Law Quarterly. Students edit articles accepted for publication. Students must serve a full year to receive credit. Credit, no-credit.
Family Law Quarterly Senior Staff Editing
LW 832; 1-2 hours. Open to third-year students on the Family Law Quarterly staff who have been approved by the Faculty Adviser. Students are primarily responsible for the editorial and substantive integrity of material published in the Family Law Quarterly. Students may enroll for only one hour per semester. Credit, no-credit.
Family Law Seminar
LW 754; 2 hours. This seminar explores the theoretical, sociological and psychological aspects of current legal issues in family law.
Prerequisite(s): Family Law.
LW 759; 3 hours. An examination of the broad institutional restrictions on the federal courts in the federal system and the policies aimed at achieving a fair and efficient allocation of judicial power. The course explores the balance of power between the federal courts, the states and the two other branches of federal government. The issues examined in this course will have implications for federal practice in a variety of areas, including civil rights, bankruptcy, environmental, oil and gas, and real estate financing law.
Federal Indian Law
LW 841; 3 hours. This course focuses on the framework which bears upon Native Americans and Indian reservation transactions. The course explores the Native Americans and the federal government, powers of tribal government, Indian civil rights, Indian lands, water and mineral development, Bureau of Indian Affairs authority, and federal/state conflicts regarding jurisdiction over Indians and Indian affairs.
Feminist Legal Theory
LW 787; 2-3 hours. The goal of this course is to understand, analyze and apply feminist theory to the law. The course covers the historical development of feminist jurisprudence, current feminist theories and feminist methodologies. Students are expected to apply feminist theory to various substantive areas, professionalism, legal ethics, legal skills and legal education. Variable credit, see course schedule.
Financial Institution Regulation
LW 705; 2 hours. This course will survey the regulation of financial institutions, including banks, securities and commodities brokers, and insurance companies, particularly in the context of financial market instability. The course will analyze investor and customer protections, key types of financial products, and the roles of market regulation. Finally, the course will assess several important reform initiatives, and the likely future of financial institution regulation.
Prerequisite(s): Business Associations.
Financial Issues in Divorce
LW 888; 2 hours. This course addresses financial issues associated with divorce including the identification, valuation, and division of property. Students will learn how to work with appraisers to value physical assets and complex intangible assets such as pensions, stock options, closely-held corporations, and businesses. The drafting, administration, and effect of pre-marital agreements will be addressed along with the taxation and planning aspects of divorce.
Prerequisite(s): Family Law.
Food and Drug Law
LW 947; 3 hours. This course will introduce students to the regulatory powers of the Food and Drug Administration and to the intricate statute under which it operates. It will cover the problem of defining the regulated products, the premarket approval system for drugs and medical devices, the protection of human subjects involved in clinical research, the regulation of the products of biotechnology including genetically modified crops and organisms, and the relationship between this federal regulatory regime and state law, among other cutting-edge topics. A significant component of the course will be taught via videoconferencing technology.
Prerequisite(s): Completion of 28 credit hours.
Forensic Science Evidence
LW 828; 2 hours. Forensic Science Evidence will investigate the use of scientific evidence in the courtroom. Students will learn the Daubert and Frye standards of scientific evidence, the role of attorneys as "gatekeepers" of evidence, and the use of search warrants to obtain evidence. They will also explore discovery issues specific to cases with scientific evidence, evaluate chain of custody requirements, learn about scientific principles and techniques behind forensic evidence, study certification and use of expert witnesses on both sides of a case, and develop courtroom skills to effectively present and use scientific evidence. This course will explore information attorneys need to effectively work with different types of scientific evidence (e.g., chemical analyses of controlled substances, evidence in arson investigations, and blood alcohol analyses). The class will have a significant simulation component and will have students working collaboratively with students in the chemistry department of the university enrolled in a science course that is complementary to this law course. Law students will occasionally visit the chemistry lab to learn about scientific principles related to evidence and to work with chemistry students who will role-play expert witnesses in the law course simulations.
Global Intellectual Property Enforcement Law
LW 964; 3 hours. This course explores the legal infrastructure and policy debates surrounding enforcement against organized piracy and counterfeiting of products protected by intellectual property (IP) rights. After a brief introduction to patent, copyright and trademark law, students focus on the challenges of combating global counterfeiting and piracy in a world characterized by porous borders and driven by the Internet. Students study the major international IP agreements and institutions governing enforcement norms and discuss the problems with negotiating and implementing harmonized standards across cultural and philosophical divides. Discussions feature comparative perspectives from divergent IP constituencies, including states in different stages of development, indigenous groups, IP rights holder representatives, and civil society groups. Students are evaluated on the quality of their participation in class sessions and exercises as well as a written final examination. Students who have taken International Intellectual Property Law are ineligible to take this course.
Graduate Legal Seminar
LW 974; 0 hours. This no-credit 1-hour per week class is designed to provide a place where all students in the program come together, as well as where the academic progress of the group can be monitored and evaluated. The students will also be expected to engage with some of the legal concepts they are learning in their LL.M. courses and take a comparative look at these concepts in relation to the law in their home jurisdiction. In addition to exploring the academic side of law in a comparative manner, the course will focus on enhancing the graduate students' research skills and their ability to write academic papers.
Prerequisite(s): Available only to students enrolled in the LL.M. program.
Health Care Law and Policy
LW 830; 3 hours. Examination of the health care system in the United States with emphasis on the law and policy pertaining to the delivery of health care services on a national basis. Specific areas considered include such matters as access to health care, quality assurance, cost control and other topics of current interest.
Higher Education Law
LW 951; 2 hours. This course will explore key law and legal concepts applicable to American institutions of higher education. Among other issues, the course will focus on how to weigh and balance the sometimes competing rights and responsibilities of institutions, faculty, staff, and students. For example, the course will explore: the potential clash between the academic freedom rights of faculty and the rights of students to be free from racial and sexual harassment; Title IX and women's sports; affirmative action in admissions, financial aid, and faculty hiring; and the intellectual property rights of faculty, staff and students. Students will also have the opportunity to consider the role of "in house" counsel. The course will also aim to use legal issues as a catalyst for a broader discussion regarding the role and meaning of higher education in today's society.
LW 815; 2 hours. An examination of immigration law, procedure and professional responsibility in its practice. Moral and social implications of immigration policy. Related topics such as the right to communicate in this country in languages other than English, the rights of citizen children of undocumented parents, rights of refugees, amnesty, and employer sanctions.
Independent Readings in Natural Resources Law
LW 826; 1-2 hours. A candidate in the environmental law certificate program may earn up to two hours credit for independent reading supervised by a faculty member. Offered only upon prearrangement with the faculty supervisor and the Dean. Credit, no-credit.
Independent Study in Oil and Gas Law
LW 969; 1-2 hours. Students focus on an area of special interest by engaging in supervised research and writing to complete a project that expands their knowledge of oil and gas law. Students must propose a project for review and approval by the faculty supervisor and the Dean. Credit, no-credit.
Prerequisite(s): Oil and Gas Law and Advanced Oil and Gas Law.
LW 710; 2 hours. An examination of federal and state regulation of the insurance industry. The course also looks at the nature of the insurance relationship, formation of insurance contracts and the claims process and defenses raised by insurers.
LW 808; 3 hours. An introduction to patents, trademarks and copyrights, including creation and protection of rights in intellectual property and enforcement of rights against infringers.
International Business Transactions
LW 778; 3 hours. This course will provide an introduction to the rules governing international business transactions. It will cover basic U.S. trade rules, and the organization of the World Trade Organization and regional trading arrangements. Topics will include tariffs and non-tariff barriers, responses of domestic producers to import competition, and the resolution of trade disputes. The course will also focus on issues that arise in typical international business transactions, such as the choice between CIF and FOB contracts, the risks of international trade and allocation of risks by contract, and the use of letters of credit.
International Intellectual Property Law
LW 948; 3 hours. This course provides students with an introduction to the ever-growing framework for global harmonization of intellectual property standards. After a basic review of the primary subjects of intellectual property law (copyright, trademark, patent and related topics), the course turns to the growing body of international decisions and policies impacting these topics. Study of the subject also requires exploration of the views of intellectual property (IP) across cultures, including how societal, cultural and historical factors influence attitudes toward, and mechanisms accommodating, IP protection. A brief overview of international law and international trade concepts leads to exploration of the roles of the World Trade Organization, the World Intellectual Property Organization and other international organizations in regulating both policy and enforcement in intellectual property protection, covering the Agreement on Trade Related Aspects of Intellectual Property (TRIPs) and other core international agreements on the subject. Discussions will also include the role of IP protection in economic development, international politics and relations and important distributive issues involving health care, education and technological innovation.
Prerequisite(s): Recommended: Intellectual Property, Global Intellectual Property Enforcement Law, International Business Transactions, Public International Law, or International Law of Indigenous Peoples.
International Law SEE Public International Law
International Law of Indigenous Peoples
LW 919; 2 hours. This course will explore international human rights law through the example of Indigenous peoples. The course introduces students to the basic international human rights regime within the United Nations and other organizations. The course is key for any student interested in practicing energy law or intellectual property, as a great portion of human rights claims involve exploitation of Indigenous natural resources, genetic data, medical knowledge, and art forms. More generally, students will study how international law does—or does not—operate as legal authority in U.S. cases, as well as how to develop an international legal strategy for clients whose human rights claims are not well-recognized domestically. In government law, the materials will deepen knowledge about how national sovereignty operates in a globalizing world. Finally, students will gain broadened perspectives important for representing clients from diverse cultural backgrounds.
International Petroleum Arbritration
LW 972; 1 hour. This course focuses on the typical form of dispute resolution for large transnational oil and gas projects. The course will be premised upon a single simulation running for the length of one week. The course analyzes (1) core issues for the drafting of arbitration clauses in international petroleum transactions, (2) strategy for appointing the arbitral tribunal, (3) pre-hearing procedure (including document disclosure and interim relief), (4) jurisdictional objections, and (5) how to build a persuasive merits case.
International Petroleum Transactions
LW 973; 3 hours. This course focuses on the transnational law governing oil and gas companies when doing business abroad. The course addresses (1) applicable law in international petroleum transactions, (2) foreign legal regimes governing petroleum exploration, development and production, (3) the contractual and regulatory environment governing the operations of international petroleum projects, (4) basic principles of international petroleum distribution and sales, and (5) the key distinctions between international petroleum and gas transactions.
LW 827; 3 hours. An overview of the federal taxation of (1) the U.S.- related income of nonresident aliens and foreign corporations, and (2) the foreign-related income of U.S. taxpayers. Topics include: the source of income rules, the concepts of a "U.S. trade or business" and "effectively connected income," the foreign tax credit, Subpart F, inter-company pricing, and the role of tax treaties.
Prerequisite(s): Taxation of Individual Income.
Internship for Foreign Exchange Students
LW 943; 2 hours. This internship is designed for foreign exchange students who will be placed in law firms, government agencies or judicial chambers through the Kansas Bar Association, following their semester as foreign exchange students at Washburn Law. The purpose of the course is to provide the foreign exchange students with work experience in a U.S. legal environment, allowing the students to apply the research and writing skills, together with the common law rules and process, which they learned in the course "Legal Analysis, Research and Writing for Foreign Exchange Students."
Prerequisite(s): Legal Analysis, Research and Writing for Foreign Exchange Students; must be a foreign exchange student at Washburn.
Interviewing and Counseling
LW 914; 2 hours. This course will introduce students to a practice-oriented approach to interviewing and counseling. It will enable students to develop the skills involved in investigating facts and interviewing and counseling clients. Class work will include demonstration, critique, discussion, and practical exercises. Students will also investigate doctrinal, procedural, and evidentiary issues in order to discharge effectively their role in each step of the process. Course topics will explore: 1) how to recognize legal and non-legal dimensions of a client's problems; 2) how to develop fundamental skills, including effective listening and questioning; 3) how to gather information; and 4) how to understand the decision-making process and help clients make appropriate decisions. Students will also explore ethical considerations in interviewing and counseling. This is a letter-graded class. There will be a final project instead of an exam. Class is limited to 25 students.
Introduction to Anglo-American Law
LW 975; 2 hours. The structure, methodology, and institutions of the Anglo-American legal system can differ a great deal from the "civil law" and other forms of law such as Sharia Law, found in Europe, South America, the Middle East, and parts of Asia. The course will act as a bridge between the civil law and the studies that the LL.M. students will be doing on common law topics by making students familiar with how a common law legal system works: the central role of "case law," the analysis of cases to determine their actual "holdings," the reach of "precedent" and of "res judicata", as well the structure of the American court system. This course explores these and other problems, illustrated by cases.
Prerequisite(s): Available only 1) to students enrolled in the LL.M. program or 2) to international students, upon faculty advisor approval, enrolled in the M.S.L. program.
LW 976; 2-4 hours. Students may obtain educational experience outside of the classroom through externships with federal or state courts. During each enrollment period students will receive a list of the available externships and the specific requirements the student must be willing to meet to be considered for a particular externship. Some externship opportunities may require the student to apply for an available position, and be selected. Although the specific requirements for credit can vary among judicial externship opportunities, all judicial externships require certification of a minimum amount of student time on qualifying externship activities, regular attendance and participation in the judicial externship seminar, satisfactory evaluations from the court, and completion of all written work and evaluations. The judicial seminar will address such topics as judicial process, writing memos for judges, judicial opinion writing, confidentiality, professionalism, and other relevant topics. Guided reflections will be required for this externship.
LW 799; 2 hours. An inquiry into the realm of legal philosophy. Students will analyze fundamental issues and major lines of thought in attempted resolution of those issues.
Jury Selection and Voir Dire
LW 877; 1 hour. This course examines the art and science of jury selection through a study of the law and courtroom procedures pertaining to voir dire. The skills associated with jury selection will be taught, demonstrated, and practiced by having each student pick a jury for trial of a selected case scenario. General and specific questions on voir dire will be conducted by students acting as counsel and presided over by a judge. Student performance will be critiqued and the final grade will be assigned based on class participation and a final examination.
Prerequisite(s): Trial Advocacy or ITAP.
LW 886; 2 hours. This course will cover juvenile delinquency including purposes of punishment and juvenile justice; the juvenile courts; jurisdiction and disposition of juvenile court; procedural differences between delinquency process and adult criminal process; the role of the lawyer in the juvenile court process.