Course Descriptions, Labor Law - Moot Court
LW 783; 3 hours. An examination of decisions and statutes relating to the rights of workers to act in combinations; legal aspects of strikes, picketing and related activities; and problems of state-federal law relating to labor disputes.
Landlord Tenant Law
LW 879; 1 hour. This short course will focus on the important hybrid legal concept of the lease and the legal relationship between a landlord and tenant. The course will cover the leasehold form, creation and termination of a lease, lease covenants, and leasehold transfers. Time permitting, the course will introduce basic commercial leasing concepts.
Prerequisite(s): Property and Contracts (both recommended).
Law and Accounting
LW 717; 2 hours. The course explores accounting theory and practice. The focus is on what lawyers need to know to engage effectively in a wide range of practice areas including, but not limited to, corporate and securities law, family law, bankruptcy, probate, trust and estate law, administrative law and regulated industries. In these fields of practice, as in others, financial information presented in an organized manner is essential for industry and governmental decision making. It is accounting theory put into practice which provides the rules and rationale for the presentation of this financial information.
Law and Economics
LW 853; 2-3 hours. An introductory exploration of the application of economic analysis to legal problems. Basic economic principles will be discussed and analyzed in a legal context, but no prior work in economics is necessary. A fundamental goal is to explore and understand the applications as well as the limitations of economic analysis to law.
Law and Human Rights
LW 812; 3 hours. The seminar explores the competing perspectives on the concept of human rights, the libertarian versus the authoritarian view, and their impact on the domestic legal orders of member states. The seminar also examines the role of law as an "effective weapon," used by states, to protect as well as to violate human rights. The case study focuses upon apartheid, genocide, torture and mass-scale expulsions.
Law and Mental Disability
LW 738; 3 hours. This course is designed to explore the relevant legal processes and the civil, constitutional, and criminal issues affecting persons with mental health disabilities. The course will examine the jurisprudence of criminal and civil aspects of mental disability, with special attention paid to Kansas law. The course is bifurcated into criminal and civil sections with further emphasis on competency and criminal responsibility in Section I, and involuntary civil commitments and related issues in Section II.
Law and Religion Seminar
LW 806; 2-3 hours. A survey of the historical relationship and contemporary developments in the interaction between law and religion. Several religion-based legal systems are introduced. Each student selects a religious denomination for examination of its law-related policies. Each student selects a specific approved topic for in-depth treatment, submits a research paper and makes an oral presentation.
LW 761; 1 hour. This course covers topics of interest in a non-traditional manner. The class is open to both students and attorneys. It is expected that more than one professor will be responsible for convening the course and there probably will be small discussion groups if the size of the class permits. The requirements regarding attendance and written projects are announced in advance. The core topic of this course can change each time it is offered, but might include legal issues related to persons of color, subject areas that are pertinent to sexual orientation, ageism, disabilities, poverty, and the environment. Topics previously covered include Feminist Jurisprudence, Professionalism, Critical Race Theory, NAFTA, and Comparative Human Rights. Credit, no-credit. The spring 2012 Law Colloquium will meet starting February 1, 2012 and ending March 14, 2012. From 6:00-6:50, faculty and students will meet together in room 114; from 7:00-7:50, students and faculty will break into small discussion groups. The course will explore professionalism in the legal profession in a variety of contexts. The emphasis of this course will underscore that professionalism goes beyond just the ethical practice of law. Students will be asked to consider the traditional components of professionalism which include, civility, integrity and courtesy, but they will also be challenged to explore other aspects, such as, cultural literacy in the legal profession, the business aspects of professionalism, the causes of the decline in professionalism, and aspirational goals of professionalism, including the role of legal education.
Law in Literature
LW 866; 2 hours. This course provides a perspective on the legal system quite different from any other in the law school curriculum. Fictional accounts of law- related subjects are read and discussed to develop an understanding and appreciation of selected creative writers’ perceptions of various aspects of the legal system. Literary works such as Melville’s Billy Budd and Lee’s To Kill a Mockingbird are illustrative of the required reading in the course; specific selections vary from year to year.
Law Journal Research and Writing I
LW 771; 1-2 hours. LW771 and LW772 are offered only to students who have successfully completed their comments and who have written or will write a note, as certified by the Managing Board of the Law Journal. Students who take these courses must enroll in at least one graded hour (LW771) and may enroll in an additional one or two hours, credit, no-credit (LW772). Students who enroll in two hours, credit, no-credit (LW772), may also enroll in one additional graded hour (LW771) for a total of one to four hours. Performance is graded by the Law Journal Faculty Adviser, after consultation with the Managing Board, based on successful completion of the entire Law Journal experience.
Law Journal Research and Writing II
LW 772; 1-2 hours. LW771 and LW772 are offered only to students who have successfully completed their comments and who have written or will write a note, as certified by the Managing Board of the Law Journal. Students who take these courses must enroll in at least one graded hour (LW771) and may enroll in an additional one or two hours, credit, no-credit (LW772). Students who enroll in two hours, credit, no-credit (LW772), may also enroll in one additional graded hour (LW771) for a total of one to four hours. Performance is graded by the Law Journal Faculty Adviser, after consultation with the Managing Board, based on successful completion of the entire Law Journal experience. Credit, no-credit.
Law Journal Senior Staff Editing
LW 764; 1-2 hours. This course is offered to students who have completed their comments, are members of the Law Journal's Senior Staff and approved by the Law Journal Faculty Advisory Committee. Students electing this course are primarily responsible for the editorial and substantive integrity of material published in the Washburn Law Journal. Students may enroll for one or two hours credit for editing functions. Law Journal Senior Staff who write a note may also enroll in Law Journal Research and Writing II and receive an additional one or two hours credit. Graded.
Prerequisite(s): Law Journal Research and Writing I.
Law of Armed Conflict
LW 927; 3 hours. This course will cover the law of armed conflict (also commonly referred to as international humanitarian law, or jus in bello), which is the international law regime that governs the conduct of armed forces in the course of hostilities. The course will run from an examination of the development of the underlying principles and rationales, through to the decisions of modern war crimes tribunals, and is aimed at providing a solid understanding of the legal regime.
Law Practice Management
LW 824; 2 hours. The areas of study include perception of the legal profession, legal profession trends, small law office survival, products and services, case planning, fee contracts, fee arrangements, common ethical complaints and methods to avoid them, civility in the profession, marketing and promotion of legal services, firm performance evaluation, financial analysis of the firm, strategic planning, modern law office technology, use of law clerks and paralegals, pro bono obligations, and human resource management.
Law Practice Technologies
LW 925; 2 hours. Hands-on survey of selected software, technologies and skills utilized in legal practice. The course will expose students to practical suggestions associated with selecting and using specific applications as well as relevant legal and ethical issues. Meets 2.5 hours per session for 11 weeks.
Legal Analysis in Context - Torts
LW 971; 3 hours. This course is designed to engage students in a variety of legal analysis tasks, set in different doctrinal contexts, to develop flexibility and confidence in solving novel legal problems. Students will practice and master the following skills: Understanding different tasks of attorneys; identifying the function of different types of legal sources; resolving conflicts among multiple sources; framing legal tests; sorting facts; crafting concise statements; writing clearly with objective and persuasive voice; and self evaluation.
Prerequisite: Professor approval required for enrollment (interested students should draft a one-paragraph statement explaining why they believe they would benefit form the course and submit the statement to the Deans' Office.
Legal Analysis, Research and Writing for Foreign Exchange Students
LW 942; 2 hours. This course would be a required legal analysis, research, and writing course for foreign exchange students studying at Washburn Law. The purpose of the course is to teach the foreign law students the basics of legal analysis, research and writing using the U.S. legal sources. The material in the class would cover the basic research resources in the United States and the students would write a research paper using U.S. legal materials.
Prerequisite(s): Must be a foreign exchange student at Washburn.
Legal Analysis, Research and Writing for the Government Client
LW 965; 2 hours. The focus of this course is to strengthen students' legal writing, analysis, and critical thinking skills for success in representing government clients. The lawyer representing a government client writes from a unique perspective, and must be cognizant of the organization as the client, the lawyer's role as advisor or advocate, and the public interest. Further, the lawyer's written materials are often publicly available, requiring the lawyer to write in a clear and understandable, yet legally thorough, manner. To develop these skills, students will research and draft legal opinions, policies, statutes, ordinances, and resolutions.
Prerequisite(s): Legal Analysis, Research & Writing I and II.
Legal Analysis, Research and Writing I
LW 875; 3 hours. Introduction to fundamental legal thought and the art of lawyering, including legal process, legal reasoning, case analysis and synthesis, statutory construction, introduction to legal research, and objective legal writing, with a focus on office memoranda.
Legal Analysis, Research and Writing II
LW 876; 3 hours. Further development of legal analysis and research skills and an introduction to legal advocacy through persuasive legal writing, such as trial and appellate briefs, and oral argument.
Legal Writing for Clerkships and Externships
LW 962; 1 hour. This intersession course begins to bridge the gap between first-year legal writing and experiential learning opportunities such as summer internships and externships. It simulates a new associate's law office environment with daily meetings and research and writing assignments. Students will work on campus during standard business hours, starting the day with a case rounds meeting, discussing the morning's research during a lunch meeting, and reporting to the supervising attorney at the end of the day to discuss conclusions and review finished work product. By week's end, students will have a portfolio of short written assignments. The course strengthens research skills, provides feedback on analysis and writing, introduces new forms of work product, and raises some professional and ethical challenges that come with producing legal work product under timed conditions. Students will also have opportunities to discuss professional etiquette, workplace expectations, and many of the other "unwritten rules" of daily practice.
Prerequisite(s): Legal Analysis, Research and Writing I.
LW 776; 3 hours. This course examines the pros and cons of regulation through legislation, social, economic and political forces which influence legislative action, principles of statutory interpretation and problems of statutory drafting.
LW 801; 1 hour. This course explores the legal framework of the legislative process in Kansas. Course work includes analyzing legal questions which arise in the legislative process and the drafting of legislative documents. In addition, speakers from the staff of the Revisor’s Office and Legislative agencies discuss with the class their experiences and approach to providing staffing services for the Legislature. Credit, no-credit.
LW 912; 3 hours. This is a skills course designed to teach students planning, case analysis, and strategy skills in the preparation of a complex case. Students will follow a complex civil or criminal case through initial interview and pretrial stages and conclude with jury selection and opening and closing arguments. Students will develop case budgets, find expert witnesses and consultants, and prepare for depositions and trial testimony. Throughout the course students will be required to think and act like lawyers as they plan, organize, and prepare their case for trial. Students will work on a simulation of an actual case that one of the faculty members' law firms took to trial; students will develop the case for trial under the guidance of a practicing attorney familiar with the case who will serve as a co-instructor of the course.
Prerequisite(s): Evidence and Trial Advocacy.
Local Government Law
LW 820; 2 hours. The course covers a host of current constitutional issues covered by the Bill of Rights and other Amendments to the U.S. Constitution as local governments (over 90,000 nationwide) regulate the conduct of their citizens and their employees. Topics include, various civil rights related issues, free speech and assembly, openness in government, tort, public contracts, powers and structures of local governments, labor issues, land use and a host of other topics. Most attorneys in private practice or in public employment will either represent or interact as a litigant with local governments.
Mastering Legal Analysis
LW 963; 3 hours. This course focuses on problem recognition and analysis, and enhances critical reading, thinking, and writing skills to maximize student performance on the bar exam. Students will review a few, selected substantive subjects traditionally tested on the bar exam. Students will become familiar with techniques for answering multiple-choice questions from the Multistate Bar Exam and strategies for analyzing, organizing, and writing responses to essay questions. This course does not replace commercial bar preparation courses.
Prerequisite(s): Student must be in last year of law school.
LW 817; 2 hours. This is a practicum designed to equip law students with skills as a mediator and to provide them with an in-depth examination of the technical, legal and ethical aspects of mediation in the context of civil, domestic and child custody disputes. Components of the course will focus on child development needs, family systems, psychological aspects of divorce, domestic violence, drafting agreements and the role of the lawyer as an advocate in mediation. The course will employ mediation exercises, role plays, simulations, self-critique and group discussions to demonstrate and evaluate effective communication skills, bargaining strategies, mediation styles and intervention techniques.
Prerequisite(s): Alternative Dispute Resolution (recommended).
LW 958; 2 hours. This course provides participants with knowledge, skills, and ability required to resolve the litigated case. Whether in tort, contract, or property, learning how to apply core mediation principles to civil conflicts is an essential part of any attorney's practice. Class time will include lecture, demonstration of techniques, video, and role-play activities. Students may become state-approved mediators when they first take the Mediation: Core Principles course, and subsequently take a supervised mediation practicum.
Prerequisite(s): Mediation: Core Principles.
Mediation: Core Principles
LW 956; 1 hour. This course covers concepts, methods and processes involved in understanding and intervening in social conflict situations. Class members will participate in exercises designed to provoke experiential learning and will be asked to reflect on past experiences with conflict in relation to the material covered. Participants will also be asked to observe and comment on real world conflicts they may have seen or been a part of in the weeks between classes. When followed by a course in either (or both) Mediation: Domestic Relations or Mediation: Civil and a supervised mediation practicum, students may become state-approved mediators.
LW 960; 2 hours. This course provides participants with knowledge, skills, and ability required to resolve criminal prosecutions. Knowing how to apply mediation principles to criminal cases is important for lawyers involved in appointed representation, court connected programs, prosecution or private criminal defense. Class time will include lecture, demonstration of techniques, video, and role-play activities. Students may become state-approved mediators when they first take the Mediation: Core Principles course, and subsequently take a supervised mediation practicum.
Prerequisite(s): Mediation: Core Principles.
Mediation: Domestic Relations
LW 957; 2 hours. This course provides participants with knowledge of how to apply core mediation principles to conflicts involving parents, divorcing couples, visitation and co-parenting. Instruction will include role-play activities with aspects of high-conflict situations, and Kansas law and ethics for attorney advocates. When preceded by the Mediation: Core Principles course and followed by a supervised mediation practicum, students may become state-approved mediators in domestic relations.
Mergers and Acquisitions
LW 944; 2-3 hours. Mergers and Acquisitions will involve the study of a wide variety of transactions in both publicly traded and private company contexts. The class will explore the legal, economic, business, and tax issues involved in structuring mergers, acquisitions, buyouts, spin-offs, divestitures, and related transactions. The course will cover the mechanics of these transactions under both Delaware (the predominant state for publicly traded companies) and Kansas law, as well as the theoretical underpinnings and case law giving rise to standard practices. Significant time will be devoted to directors' duties and shareholder rights related to or arising out of both invited and hostile transactions.
Prerequisite(s): Business Associations (preferred).
Military Family Law
LW 933; 1-2 hours. This course will explore issues relating to military families, including the Service Members Civil Relief Act, paternity, support, divorce, pensions, and jurisdiction.
Prerequisite(s): Family Law.
Mineral Title Examination
LW 952; 1 hour. This course teaches the law and technique associated with examining title to oil, gas, and other mineral properties. The faculty for this course will include practicing oil and gas lawyers with specific expertise in title examination. In addition to addressing issues associated with examination of titles for private lands, the course will also examine the unique issues encountered when examining title to minerals on federal, state, and Indian lands.
LW 977; 1 hour Domestic and international law governing the ownership, regulation, and development of coal and other solid minerals are examined by a faculty that practices mining law globally. The law governing the mining process is studied together with the many contracts used to finance and conduct the exploration, development, and closure of mining projects. The regulation and permitting of mining projects on U.S. and Canadian lands, and under various international mining tenure systems, are also studied.
Prerequisite(s): Property and Contracts.
LW 762; 1-2 hours. Participation as a team member in any major Moot Court competition. To receive credit, each team member must make a substantial contribution toward the team brief and the oral argument and participate as a team member in the competition. No more than one hour credit will be given for any competition. Students who participate (as described above) in more than one competition (including the same competition in different years) may earn one credit for each competition for a total of two credit hours during law school. Credit, no-credit.