Upper Level Elective Courses
Accounting for Lawyers
LEX 7001 Cr. 2
May not be taken for credit by those who have had two or more undergraduate accounting courses or a graduate course in financial accounting. Basic concepts in bookkeeping and generally accepted accounting principles; background to help read and interpret financial statements; auditor's role and accounting issues that arise in business planning, in litigation and in managing financial investments.
LEX 7006 Cr. 3-4
Functions and behavior of administrative agencies; constitutional and statutory constraints on agency operation. How the government formulates and enforces policy, administers public benefit programs and awards licenses.
Advanced Bankruptcy Law
LEX 7009 Cr. 3
In this course, students will become familiar with the chapter 11 business reorganization process. By reviewing mock bankruptcy schedules, and cash collateral, relief from stay, and chapter 11 plan and disclosure statement proceedings, the students will develop the necessary substantive knowledge and hone their negotiation and trial advocacy skills. A problem-oriented approach will be used, with students and instructors participating in resolving situations commonly encountered in a business bankruptcy.
Advanced Corporate Tax Problems
LEX 7014 Cr. 4
Prereq.: LEX 7821 Taxation of Corporations or permission of instructor.
Advanced Corporate Tax Problems explores the tax rules for corporate acquisitions and restructurings (including spins and carryover of attributes), S corporations and/or consolidated returns through the lens of simulated client interactions. Students will work in teams to prepare written and oral presentations on two or more of the topics covered, such as negotiation of an acquisition, preparation of a private letter ruling request, preparation of an internal memorandum outlining the pros and cons of various restructuring choices, preparation of a tax opinion letter, and consideration of entity choices for the client's future transactions. In addition to class meetings, student teams will be required to meet with the instructor at mutually convenient times in connection with their team projects. Meets the professional skills requirement.
Alternative Dispute Resolution
LEX 7016 Cr. 2
Forms of non-trial dispute resolution: arbitration, mediation and negotiation -- their various permutations and substantive applications. Factors affecting choice between dispute resolution processes; differences in design and structure, relative costs, quality of participant performance, accountability for results, privacy of proceedings, role of legal norms and lawyers, due process considerations, availability of judicial review; tactics and strategies that participants employ in arbitration, mediation and negotiation.
American Legal History
LEX 7020 Cr. 4
Non-technical survey of relationships between private law and a developing American society from earliest settlement to the present. Emphasis on evolving conceptions of civil authority and private right, the legal profession, legal education, the law of slavery, and doctrinal developments touching property, labor, women, children, and others.
LEX 7023 Cr. 3
Animal law encompasses human-animal interactions and evaluation of competing interests within the context of traditional areas of law (e.g. veterinary malpractice, expansion of anti-cruelty statutes to include farm animals, damage for death of/injury to companion animals disputes over custody of companion animals in divorce or separation, landlord-tenant housing disputes, the inclusion of animals in wills and trusts, and constitutional issues such as standing). It also encompasses the current legal status of animals as living property and explores whether this status is antiquated and needs re-evaluation to reflect societal beliefs and values. This course will consider these traditional areas of law, groundbreaking laws enacted by other countries, as well as theories for the expansion of consideration and rights.
LEX 7026 Cr. 2-4
Government control of trade practices and industrial market structures which inhibit the competitive process; monopoly, oligopoly, mergers, cartel practices, distribution arrangements, resale price control, franchising, patent licensing, foreign commerce and price discrimination under the Sherman, Clayton, Federal Trade Commission and Robinson-Patman Acts.
LEX 7045 Cr. 2
The class will examine the legal environment of the banking industry. Topics that will be studied include the history and scope of banking in the United States, statutory requirements for chartering and operating banks, regulatory oversight at the federal and state level, commercial and consumer lending, deposit insurance, lender liability, bank failures, and recent developments in banking regulation and legislation.
Bankruptcy and Creditors' Rights
LEX 7051 Cr. 3
Prereq.: LEX 6500 Property; Prereq. or Coreq.: LEX 7756 Secured Transactions
Problems arising when debtors are in financial difficulty, including the principal state remedies of unsecured creditors such as attachment, garnishment and enforcement of judgments; Chapter 7 bankruptcy liquidation; Chapter 13 wage-earner plans; and Chapter 11 bankruptcy reorganizations.
Business Planning: A Transactional Approach
LEX 7061 Cr. 4 (8 req.)
Prereq.: LEX 7156 Corporations and LEX 7816 Taxation. Not open to students who have taken former JDC 728 Business Planning and Taxation of Corporations and Shareholders, LEX 7821 Taxation of Corporations, LEX 7761 Securities Regulation, LEX 7146 Corporate Tax I or LEX 7151 Corporate Tax II.
Credit on completion of two terms
Organizational problems for the closely held and the public corporation; operational problems such as stock distributions, issuance of new securities, constructive dividend problems and stock redemptions; corporate acquisitions, other reorganizations, contested take-overs, and liquidation and termination problems. Meets the professional skills requirement.
Bioethics and the Law
LEX 7058 Cr. 3
This course will examine the role of the law in shaping, analyzing, and resolving the conflicts that arise in the interplay between medicine, biotechnology, ethics, social history, and cultural evolution. Key topics to be explored include reproductive rights and genetic technologies, maternal fetal decisionmaking, medical decisionmaking, definitions of death, death and dying decision, regulation of research on humans, interdisciplinary decisionmaking, and access to health care.
Child Abuse & Neglect
LEX 7070 Cr. 2
This class will introduce students to state and federal laws governing the child protection and child welfare systems. Topics addressed will include: defining abuse and neglect; mandatory reporting; child protection investigations and limitations thereon; emergency removal and less burdensome alternatives; adjudicatory hearings and proof of abuse and neglect; dispositional hearings and powers; premanency planning and long-term placements; termination of parental rights; right to counsel; and the duties of lawyers for children in abuse and neglect cases.
Child, Family & State
LEX 7075 Cr. 3
Not open to students who have taken LEX 8028 Child, Family & State Seminar
This course is designed to explore the various aspects of children in the legal system. Discussions focus on the legal relationship between children, their parents, and government (federal, state, local and tribal). What are the rights of these various parties? What should the relationship between them look like? We will explore these questions by examining topics such as education, medical care, children's rights, the concept of legal parenthood, parental rights (including the termination thereof), adoption, and the juvenile justice process. The course will concentrate on constitutional and policy analysis, as opposed to a detailed examination of the various rules and regulations involved in the different areas. Students will be graded on class participation, several short written assignments and a final, take-home examination.
LEX 7661 Cr. 2
Prereq. or Coreq.: LEX 7756 Secured Transactions
A capstone course for the contracts/commercial curriculum emphasizing study of the creation, transfer, and enforcement of obligations mostly in the payment, transport, and storage settings.
LEX 7111 Cr. 2-3
Government regulation of radio, over-the-air TV, cable, direct satellite broadcasting and other electronic mass media technologies. Licensing; content control; the respective roles of the regulator and the marketplace.
LEX 7116 Cr. 2-3
Methods and sources of common and civil law; background and structure of the principal civil codes; analysis and study of problems arising in the context of foreign legal systems.
Constitutional History of the United States to 1860
LEX 7123 Cr. 4
(HIS 5160 / 7160)
Anglo-American constitutional development from European expansion and New World Settlement through the onset of the Civil War. Changing relationship between colonies and imperial center, emergence of revolutionary republic in North America, framing of new constitutional orders, nineteenth-century developments through 1860.
Constitutional History of the United States from 1860 to 1940
LEX 7124 Cr. 4
(HIS 5170 / 7170)
United States constitutional development from the beginning of Civil War through the Judicial Revolution of 1937. Emergence of new constitutional agenda between 1860 and the 1890s. Progressive constitutionalism, changes in relations between branches of government and in the federation, New Deal constitutionalism, and struggles for enfranchisement of blacks and women.
LEX 7127 Cr. 3
Prereq.: LEX 6700 Constitutional Law I
This course will track the jurisdictional and constitutional basis and the history of claims by individuals against government officials for constitutional violations. It will explore the limits and constraints on the actions of officials and the policies of governments. How must the plaintiffs plead and prove such cases and how can defendants defend their actions and policies. Since 1961, victims of official misconduct -- ordinary private persons -- have had the ability and opportunity to enforce the United States Constitution in federal courts. This has for decades provided American lawyers, courts and litigants with important power, the power to directly shape American democracy in unique ways. The study of this system of constitutional enforcement is essential to an understanding of American constitutional jurisprudence.
LEX 7128 Cr. 2-3
An introduction to law specially directed at the rights and obligations of consumers. The consumer marketplace is regulated by a series of discrete statutes and regulations, such as the Federal Trade Commission Act (and accompanying regulations), Truth-in-Lending Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Fair Debt Collection Practices Act, and lemon laws. This course provides an overview of these special rules and their interpretation and enforcement. As such the course provides an introduction to the role of administrative agencies and the interpretation of statutes and regulations.
LEX 7136 Cr. 3
Prereq.: LEX 6500 Property
Law of copyright and related doctrines protecting literary, musical and artistic works. Nature of rights and kinds of works protected, doctrine of fair use, preemption problem and problems posed by new technologies. Emphasis on 1976 Copyright Act and its relation to issues such as home videotaping, photocopying and nonprofit performance of protected works.
LEX 7141 Cr. 3
Prereq.: LEX 7156 Corporations
Economic and legal problems arising in connection with financing decisions of publicly held corporations, including valuation of the enterprise and its securities, determination of securities structure and dividend policy, capital structure (including problems relating to debt) and acquisition strategies. In connection with certain specific topics, consideration will be given to the application of federal securities regulations.
LEX 7156 Cr. 2-4
Relationships between owners and directors of a corporate enterprise; different types of stock ownership and the corresponding rights in profits and control; consolidation and merger; distinctive features of the closed corporation.
LEX 7159 Cr. 2-3
This course primarily addresses the detention, arrest, prosecution, interrogation, and surveillance of terrorist suspects and provides an opportunity for students to voice their opinions on how they would handle the remaining detainees at Guantanamo Bay as well as other issues. This course is extremely timely and many of the cases/materials in this course were written in 2008 and 2009 (and will be supplemented as the course unfolds). Other topics include third party records and data mining, screening for security, and managing terrorist attacks. Relevant law includes the Fourth, Fifth, and Sixth Amendments to the Constitution, the writ of habeas corpus, the USA Patriot Act, the Foreign Intelligence Surveillance Act (FISA), the Military Commissions Act of 2006, the Authorization to Use Military Force, the Posse Comitatus Act, the Insurrection Act, the Classified Information Protections Act (CIPA), and various statutes criminalizing material support of terrorism. This course not only relies on case materials but also supplements the cases with various secondary sources to provide context and differing opinions. Debate about these controversial topics is encouraged and all opinions will be respected.
Criminal Pretrial Advocacy
LEX 7160 Cr. 3
Prereq.: LEX 6300 Criminal Law
This course will cover the court rule, statutes and Constitutional principles implicated in pre-trial criminal advocacy. The topics that will be covered include arraignment, discovery, pre-preliminary examination, preliminary examination, motion prcatice, and pleas. The course will focus both on the structural rules and principles of the process, and the practical application of those rules and principles. Students will participate in mock arguments, client meetings, and witness interviews and draft the documents that would be filed in a criminal case. Meets the professional skills requirement.
Criminal Procedure: Investigation
LEX 7161 Cr. 3
Prereq.: LEX 6700 Constitutional Law I recommended
Constitutional requirements for arrests, searches, seizures, electronic surveillance and interrogations.
Criminal Procedure: Adjudication
LEX 7166 Cr. 3
Prereq.: LEX 6700 Constitutional Law I recommended
Operation of the criminal justice system from the defendant's first appearance in the court through the trial to post-conviction remedies, including a study of bail, the preliminary hearing, the grand jury, voir dire, discovery, double jeopardy, joinder and habeas corpus.
Developing the Commercial Real Estate Project
LEX 7171 Cr. 3
Prereq.: LEX 6500 Property
The subject matter of the course is real estate development. It will address the laws and requirements affecting the development of commercial properties, including the law of contracts, real estate interests, such as mortgages, easments and encumbrances, zoning laws, environmental laws, building codes and requirements and other regulatory laws. Topics will include purchase and sale contracts, title and survey matters, due diligence investigations, closing processes, construction, financing and leasing.
LEX 7990 Cr. 1-2
Prereq.: Prior consent of the professor directing the study, and for LL.M. students prior consent of the Director of the Graduate Program; for J.D. students prior consent of the Assistant Dean of Students. Subject matter and procedure are to be arranged prior to registration.
LEX 7201 Cr. 3
Survey of the field of education law with emphasis on public education. An examination of the historical development of education law in the United States as well as topics of current interest and importance. Topics may include tenure, academic freedom, school discipline, school financing, home-based schooling, state regulation of private schools, church-state education relationships and desegregation in public education.
LEX 7204 Cr. 2-3
This course will address the legal needs of the growing elder population. Issues discussed will include housing, health care delivery, end-of-life decisions, and elder abuse. The course will explore the legal, social, and political context within which these issues have arisen, and their importance for lawyers in present-day practice.
Employee Benefits Law
LEX 7205 Cr. 3
This course is a survey course to provide students with a strong grounding in the major laws affecting employment-based benefits plans, including the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code. The course will address both retirement plans (including traditional defined benefit plans and common types of defined contribution plans such as 401 (k) plans) and welfare benefit plans (including health and life insurances and disability plans).
LEX 7216 Cr. 2-3
Federal constitutional and statutory guarantees of freedom from invidious discrimination in employment. 13th and 14th Amendments, Title VII of the Civil Rights Act of 1964, the Reconstruction Civil Rights Act, 42 U.S.C.§1881, et seq., the Equal Pay Act of 1963 and the Age Discrimination in Employment Act of 1967.
LEX 7221 Cr. 2-3
Not open to students who have taken LEX 7222 Employment Law: Common Law & Workplace Health and Safety Issues or LEX 7223 Employment Law: Privacy, Status Discrimination and Wage, Hour and Benefit Issues
Legal rights and responsibilities of employees (excluding rights provided by anti-discrimination laws and the N.L.R.A.); statutory and common law limitations on the employer's right to discharge; protection of employee privacy and reputation; laws governing wages and hours, occupational safety, unemployment compensation, workers' compensation and employee benefits.
Employment Law: Privacy, Status Discrimination and Wage, Hour and Benefit Issues
LEX 7223 Cr. 3
Not open to students who have taken LEX 7221 Employment Law
This course provides an overview of four areas of employment law commonly encountered by the general practitioner and also provides a foundation for students who plan to specialize in labor and employment law: (1) workplace privacy issues, including free speech and political protections, and defamation and related torts; (2) prohibitions on status discrimination; (3) wage, hour and benefits legislation, including unemployment compensation, the WARN Act, and the Family and Medical Leave Act; and (4) NLRA issues commonly encountered in the unorganized workplace.
LEX 7228 Cr. 3
This course provides an introduction to energy law and regulation in the United States. It covers basic principles of rate regulation of public utilities and the division of jurisdiction between federal and state governments. The course examines emerging trends in energy law, such as the promotion of energy efficiency and renewable energy. The course does not cover traditional oil and gas law.
English Legal History
LEX 7224 Cr. 3
Survey course: 1066 CE to present. Areas of private law - real property, contracts, torts, and family law; criminal law; development of the court system; labor law and rise of modern administrative state.
LEX 7226 Cr. 2-3
This course will explore various legal and business issues in the entertainment industries, including those relating to sound recordings, music publishing, literary publishing, films, television, the Internet and other new media. The readings and discussions will also examine the topics of representing talent, drafting and negotiating contracts, remedies for breaches, and rights of publicity. Because the continuing clash of art and commerce requires an entertainment lawyer to understand not only the law, but the art and business of entertainment as well, this course will include an analysis of how the entertainment industries and their economics work.
LEX 7231 Cr. 2-3
Environmental law in common law, statutes, constitutional issues, administrative and international law. Coherent legal analysis of environmental problems and active legal remedies, rather than specialized instruction in pollution controls.
LEX 7236 Cr. 2-3
Survey of the equitable remedies available for the vindication of substantive rights, which include injunctive and restitutionary relief, as well as the general treatment of equitable relief in contract, tort and criminal actions.
Estate, Gift and Inheritance Taxation
LEX 7241 Cr. 2
Prereq.: LEX 7816 Taxation. May not be taken by students who have completed LEX 7246 Estate & Gift Tax & Estate Planning Workshop
Federal and state transfer taxes and income taxation of fiduciaries and beneficiaries.
European Union Law
LEX 7261 Cr. 2-3
Institutional and substantive law of the European Union ( E.U.). The first part of the course will provide students with a firm foundation in the institutional law of the European communities and the European Union, particularly the judicial protection under European Community (E.C.) law. The second part will provide insight into the basic legal aspects of the E.U.'s single internal market and E.C. economic policy.
LEX 7266 Cr. 3-4
General principles relating to the proof of questions of fact in civil and criminal trials, including competency, relevancy and materiality of evidence; judicial notice; presumptions; burden of proof; competency of witnesses; rules relating to examination and cross-examination of witnesses; weight and sufficiency of evidence.
LEX 7301 Cr. 2-3
Entry into marriage; legal treatment of couples in marital and nonmarital relationships; divorce, including custody, alimony and property distribution, and the role of the attorney; procreation; illegitimacy; rights and responsibilities of children and parents with respect to each other and to the state; child abuse and neglect; adoption. When offered for two credits, considerably less time is devoted to children's issues.
Federal Courts and the Federal System
LEX 7306 Cr. 2-3
Prereq.: LEX 6700 Constitutional Law I
Interrelationship of state and federal law in our legal system from the point of view of the federal courts and Congress. Emphasis on the politics, history and philosophy of federalism, rather than on procedure.
Federal Income Taxation of Partnerships
LEX 7311 Cr. 2-3
Prereq.: LEX 7816 Taxation
This course covers the formation of partnerships and the different rules applying to capital and profits partners; the rules governing the allocation of partnership income and loss to partners; distributions of property; and transfers of interests in partnerships. It addresses the important role of partnership recourse and nonrecourse debt in each of these areas. If time allows, the course also provides some comparative discussion of corporations, S corporations and partnerships and of the ethical rules as they relate to the use of partnerships in tax shelter transactions.
LEX 7331 Cr. 2
This course provides an examination of the franchise relationship, including the rule of trademarks, the statutory hallmark and remedy provisions, and the government regulations which comprise the system for distributing goods and services known as franchising.
Health Care Organizations & Finance
LEX 7353 Cr. 3
This survey course examines legal responses to problems of health care costs, access and financing from both public and private perspectives. On the private side, topics include regulation of insurance and managed care, developments in federal ERISA preemption, changing business structures, and antitrust enforcement. On the public side, students will be introduced to Medicare and Medicaid financing, rules prohibiting self-referrals and standards policing fraud and abuse.
Health Care Quality, Licensing & Liability
LEX 7354 Cr. 3
This survey course explores legal responses to problems of health care quality and medical errors. Topics include state licensing of health care professionals and institutions, self-regulation, and tort liability for physicians, hospitals and managed care organizations. The course gives a basic introduction to health care institutions, the particulars of malpractice litigation and proposals for tort reform.
Health Policy: The Firm, The Market and The Law
LEX 7360 Cr. 3
Prereq.: LEX 6200 Contracts and LEX 6600 Torts
This course explores problems of health law and policy from the perspective of modern institutional economics, including Coase’s theory of the firm and Ken Arrow’s work on Uncertainty and the Welfare Economics of Health Care. The course examines trends towards prepayment, vertical integration and the development of managed care networks. Legal questions include constructing a competition policy, defining physician rights and responsibilities within an integrated firm structure, the significance of social norms, and patient protection in a world of managed care. The course should be valuable to students interested in law and economics and contemporary policy analysis, as well as students interested in the health care industry.
Immigration and Nationality Law
LEX 7371 Cr. 2-3
Immigration, its history and development; entry into the United States, alien status and adjustment to status; deportation and relief from deportation; exclusion and relief from exclusion; nationality and citizenship.
LEX 7381 Cr. 2
General principles, including indemnity, subrogation, reinsurance, insurable interest and classification of risks such as personal business and legal liability. Michigan insurance law and no-fault legislation examined; contractual rights and liabilities of the insurer, insured and third-party beneficiaries.
International Aspects of U.S. Taxation
LEX 7401 Cr. 2-3
Prereq.: LEX 7816 Taxation
United States taxation of nonresident aliens and foreign entities, foreign tax credit, determination of source of income, impact of tax treaties, earned income exclusion, tax effect of mode of operation and country of incorporation, and statutory and nonstatutory tax devices available for international operations.
International Commercial Arbitration
LEX 7384 Cr. 3
Although students would benefit from some prior exposure to alternative dispute resolution, international law, or international business transactions, any second or third-year law student can take the course without prerequisites or co-requisites. This course follows the life cycle of an international commercial arbitration, including: Drafting and enforcing arbitration agreements; appointment and challenge of arbitrators; conduct of the proceedings; drafting of awards; review and enforcement of awards by courts at the seat of arbitration and beyond.
International Finance: Transactions, Regulation and Policy
LEX 7406 Cr. 3
This course studies legal problems associated with the flow of capital across national borders. Topics include various types of international financial transactions, regulations of international capital markets and international banking, emerging market debt problems, and reform of the international financial system. While there is no prerequisite, it is recommended that students have taken a basic course of economics in college or corporations in law school.
International Intellectual Property Law
LEX 7407 Cr. 3
Prereq.: LEX 7136 Copyright Law; LEX 7656 Patent Law or LEX 7831 Trademark and Unfair Competition; or Consent of Instructor
This course addresses the legal issues surrounding the protection of intellectual property rights in a globalized commercial environment. A broad range of U.S. businesses have a strong interest in acquiring copyrights, patents, and trademark rights that are recognized in other countries, and enforcing those rights against infringers outside the United States. Conversely, non-U.S. owners of intellectual property rights wish to establish and enforce equivalent rights in the United States. The course centers on the study of the principal multilateral treaties that protect intellectual property rights: the Berne Convention on copyrights, the Paris Convention on trademarks and patents, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). The course also looks at the intellectual property component of the North American Free Trade Agreement, and a variety of legislative materials from the European Union.
LEX 7408 Cr. 3
Basic legal concepts applied by international tribunals and courts of the United States to the relations between independent nations. The nature and sources of international law; the use of treaties; international organizations; practices respecting recognition, territory, nationality and jurisdiction.
International Legal Research
LEX 7414 Cr. 1
Prereq: consent of instructor
Fundamentals of research in public international law. In connection with Jessup International Law Moot Court Competition, students review structure of international legal institutions, nature of the materials they produce, and the unique way these materials are indexed and cataloged. Focus on how these materials can best be used in legal advocacy; emphasis on effective writing and oral argument.
LEX 7409 Cr. 3
This course examines issues arising in civil cases in American courts in which international parties, evidence and issues are present. Subjects covered included personal jurisdiction, service of process abroad, conducting discovery abroad suing foreign sovereigns and governmental officials, forum non conveniens and international arbitration.
International Organizations and Public Health
LEX 7410 Cr. 3
Prereq.: LEX 6200 Contracts and LEX 6600 Torts
This course has two objectives. The first is to give students a working understanding of the structure, functions and mission of the international organizations that increasingly impact modern life: the WTO, WHO, World Bank, IMF and UN. The second objective is to explore the effects of globalization on public health. Topics covered will include WHO control of infectious diseases such as SARS, the impact of the WTO on pharmaceutical pricing of AIDS drugs and the sale of genetically modified foods, international conventions for tobacco control, and the influence of World Bank and IMF privatization requirements on health sector reform in developing countries.
International Prosecution of State Actors
LEX 7413 Cr. 3
This course will examine legal and political aspects of the new processes by which one-time state officials such as former Yugoslav President Slobodan Milosevic, former Chilean dictator Augusto Pinochet, and former East German leader Egon Krenz and their followers have been subjected to prosecution in international and foreign legal systems. The course will cover the basic elements of transnational criminal law, and will explore the controversial questions of principle and policy, such as United States opposition to the new International Criminal Court, concerns about retroactive punishment, and the question of respect for amnesties that have contributed to ending civil conflicts.
International Tax Treaties
LEX 7416 Cr. 2
Prereq.: LEX 7816 Taxation
International income tax treaties based on the OECD Model Treaty, Topics include taxation of business income, permanent establishment rules, taxation of employees and independent contractors on their personal services income, taxation of investment flows, arrangements for administrative cooperation and dispute settlement, and special rules for some international transportation industries.
International Trade Law
LEX 7418 Cr. 3
Limitations.: Not open to students who have taken LEX 8185 International Trade Law Seminar.
This course examines regulation of international trade relations. It focuses on the law of the World Trade Organization (WTO) and its interation with domestic regulation of international commerce.
Interviewing & Counseling
LEX 7419 Cr. 2
Prereq.: All required first-year courses
Limitations.: Not open to students who have taken or are taking LEX 8604 Asylum and Immigration Law Clinic or LEX 8641 Disability Law Clinic.
This course introduces students to interviewing and counseling theory, and helps students develop skills needed to effectively and efficiently counsel clients in both litigation and transactional matters. Topics addressed and skills developed include active listening, phrasing and sequencing questions, eliciting time lines, probing for details,clarifying objectives, identifying options and discussing their consequences, and helping clients make decisions. The course makes extensive use of role-playing exercises. Each student conducts a full-length simulated interview at mid-semester, and a full-length simulated counseling towards the end of the semester.
Introduction to Intellectual Property
LEX 7420 Cr. 3
Limitations.: This course is not open to students who have taken any of the following courses: LEX 7136 Copyright Law, LEX 7656 Patent Law or LEX 7831 Trademarks and Unfair Competition
This course surveys the general principles of copyright, patent, and trademark law, as well as related state law doctrines. It explores questions of subject matter, scope of protection, infringment, defenses and remedies. In addition, it will consider the practical and theoretical commonalities and distinctions among these systems of intellectual property protection. The course provides both a general overview of intellectual property law for the non-specialist and a useful grounding for those interested in pursuing additional IP courses.
Introduction to the Legal System of the United States
LEX 7424 Cr. 3
Limitations.: Not open to J.D. students
This course offers a general introduction to the institutions and processes involved in lawmaking and legal interpretation in the United States, with a focus on lawmaking at the federal level. The topics to be covered include the federal legislative process, precedent and the common-law method, federal administrative rulemaking, separation of powers, and judicial review. The course also introduces students to the sources of law produced by these processes and how to develop research strategies with respect to these sources. Finally, the course is designed to provide foreign LL.M. students (all of whom write a Master's Essay in order to complete the LL.M. program) with an overview of the principal forms of legal scholarship in the American academy.
LEX 7426 Cr. 2-3
Analysis of important legal notions such as law, sanction, rule and sovereignty; relations between law and morals as seen particularly in the development of natural law and legal positivism and in the development of the notion of legal responsibility.
LEX 7435 Cr. 2
This course will introduce students to the juvenile justice system. Topics addressed will include: juvenile court jurisdiction over delinquents and status offenders; pretrial criminal procedure in the juvenile justice context; screening and diversion; pretrial detention; waiver of juvenile court jurisdiction; procedural rights at trial; and dispositional decisions.
LEX 7495 Cr. 2
Prereq.: Contracts LEX 6200 and Civil Procedure A LEX 6100 ( or equivalent), or permission of the Director of Graduate Studies
This course will address arbitration, the primary form of adjudication outside of the court system. The emphasis will be on labor arbitration - disputes between employers and unions arising under collective bargaining agreements- but we will also treat other forms of arbitration including employment, commercial and securities arbitration.
LEX 7501 Cr. 2-4
Legislative, administrative and judicial regulation of labor relations. The scope of national labor legislation; the protection of the rights of self-organization and the designation of bargaining agents; the negotiation and administration of the collective agreement; the legality of strikes, picketing and boycotts; employer interference with concerted activities; the relations between unions and their members.
Labor Law in the Public Sector
LEX 7506 Cr. 2
State (and some federal) regulation of labor relations in the public sector. Establishment of representative status, negotiation and administration of the collective agreement, strikes and impasse resolutions.
LEX 7511 Cr. 2-3
Prereq.: LEX 6500 Property
Allocation of land use in the urban environment by both private agreement and governmental order. Problems involved in the development and effectuation of community planning; goals by means of conservation, clearance, and renewal; zoning, variances and exceptions; housing code enforcement, subdivision control, eminent domain; relocation.
Law and Economics
LEX 7515 Cr. 3
Not open to students who have taken LEX 8246 Law and Economics
This course surveys the application of economic analysis to the selection of legal rules. After a brief introduction to foundational economic concepts, the course revisits the first year curriculum (torts, contracts, property, criminal law) and demonstrates the pervasive influence of economic thinking in these foundational areas of law. The course then examines the application of economics to a variety of legal topics, such as discrimination, business organizations, federalism, and definitions of justice. The course assumes no background in economics and requires no mathematical training beyond high school algebra.
Law of Elections and Political Organizations
LEX 7516 Cr 3
This course will explore ways in which the law governing the political process in the United States affects and reflects political power relationships. It will examine the way the law and other forces have shaped the structure of American political participation, and will consider alternative directions American democracy might take. Topics will include the 2000 presidential election dispute, the individual right to vote, the Voting Rights Act, redistricting, minority vote dilution, political and racial gerrymandering (including majority-minority districts), campaign finance reform, and direct democracy through the initiative process. In addition to a final examination, students will be expected to participate actively in class discussions and to prepare very short assignments throughout the semester.
Law of Electronic Commerce
LEX 7828 Cr. 3
This course addresses the new legal and policy issues that arise when businesses and consumers use the Internet to conduct their commercial transactions. These issues span a broad range of subject matters, including privacy, contracts, consumer protection, patents, jurisdiction, unfair competition, torts, alternative dispute resolution, and taxation. During the past few years, businesses of all types have been integrating online communications into their everyday conduct of business. In addition, entrepreneurs are starting up new businesses based on business models that would not be possible without online communications. This course will give you the skills you need to handle the new legal issues that arise in these contexts.
LEX 7520 Cr. 3
Prereq.: LEX 6400 Legal Research & Writing
Legal Drafting provides students with an opportunity to develop transactional drafting skills. It focuses on writing techniques involved in drafting transactional documents most often assigned to summer interns and first and second year associates.
Legal Writing: Advanced
LEX 7536 Cr. 3
Prereq.: LEX 6400 Legal Research and Writing. May not be taken on pass/no credit basis
Research and analysis of complex legal problems involving legislative history and administrative regulations. Class discussion on advanced research, development of strategy and organization and writing as an advocate. Students write both a trial and appellate brief.
Local Government Law
LEX 7581 Cr. 2
Prereq.: LEX 6500 Property
Law as an instrument for governing urban areas. Distribution of decision-making power between private and public persons, between state and local governments and among various local governments. Local finance, decentralization, annexation and municipal incorporation. Exploration of possible reforms by means of metropolitan government or federal assistance. The lawyer's role in formulating governmental policy in major urban complexes.
Mergers and Acquisitions
LEX 7603 Cr. 2-3
Prereq.: LEX 7156 and 7816 (Not open to students who have taken LEX 7061)
Mechanics of an acquisition, including: (1) state corporate codes relevant to acquisitions, dissenting shareholder remedies, listing requirements, and federal security law affecting the mechanics (proxy, tender offers, public offerings); (2) successor liability, transfer of assets: (3) acquisition documents (confidentiality agreements, letters of intent, basic agreements, closing); (4) legal duties of board of directors and dominant shareholders (decision to sell or acquire, conflicts of interest, attempts to block takeovers, shareholder value); (5) disclosure requirements of federal and state securities law; (6) accounting and tax issues (definition of tax-free reorganization, accounting for mergers and acquisitiveness) (Y).
Multistate Taxation In the Digital Age
LEX 7605 Cr. 3
Prereq. : Taxation (LEX 7816). Not open to students who have taken State and Local Taxes (LEX 7771)
Sales and use taxes and corporate and personal income taxes imposed by states and other subnational governments, including Indian tribes. Extensive treatment is given to the constitutional limitations on cross-border taxation under the Due Process Clause and the Commerce Clause. Methods for apportioning income among jurisdictions are covered from a theoretical and practical perspective. The course addresses the special income tax and sales tax issues that arise from electronic commerce.
LEX 7616 Cr. 2
Comprehensive examination of various legal principles that affect negotiations, such as rights assessments, custom and practice, rule of contract construction, concepts of condonation, proper and improper conditions, as well as the effective use of evidence in the negotiation process. The course also explores strategic methods and techniques in which attorneys are frequently involved that affect the outcome of negotiations. Students will participate in mock negotiations. Meets the professional skills requirement.
No-Fault Insurance Law
LEX 7631 Cr. 2
Prereq.: LEX 6200 Contracts; LEX 6600 Torts
Comprehensive review of Michigan's No-Fault Automobile Insurance Law, which governs all motor vehicle accidents in the State of Michigan. Topics include questions of coverage, medical and work loss benefits, coordination of benefits, exclusions, priorities, subrogation, and claims procedures. Negligence claims under the No-Fault law will also be reviewed.
LEX 7641 Cr. 2
Issues concerning organizations exempt from federal taxation pursuant to section 501(c)(3) of the Internal Revenue Code. These organizations include, inter alia, charities, educational institutions, religious institutions, arts, sciences and cultural organizations and health-care institutions. Economic theory, sociological aspects and constitutional aspects of the charitable sector as well as surveying legal aspects of such organizations useful for legal counseling and pro bono involvement.
Patent Application Preparation
LEX 7646 Cr. 2-3
Prereq.: LEX 7656 Patent Law is a pre- or co-requisite
The subject matter of this course ties the mechanical steps of preparing a patent application to the most recent decisions of the Court of Appeals for the Federal Circuit (CAFC) regarding claims interpretation. This course interleaves the lessons learned from case law with the very specific mechanical steps in preparing a patent application. The panorama of this course covers the ideals of Thomas Jefferson regarding the patent system to the latest patentability decisions by the U.S. Supreme Court. Meets the professional skills requirement.
LEX 7651 Cr. 3
Prereq.: LEX 7656 Patent Law, LEX6100, and LEX 6101
Unique aspects of patent litigation. Policy issues; practice considerations in enforcing patents. Issues in approaching a patent infringement suit (who can file; when and where to file).
LEX 7656 Cr. 3
Substantive patent and related trade secret law. Emphasis on nature of the patent right; scope of coverage of the patent system; issues of validity, infringements, inequitable conduct, patent and antitrust. Special issues relating to software, living organisms and chemistry. Technical background not required.
Practicum In Dispute Resolution
LEX 7660 Cr. 3
Prereq.: 24 credits in Dispute Resolution courses, consent of academic adviser
This course was designed to teach students the skills required as third party neutrals (mediators) in the facilitative mediation process. The curriculum includes discussion and lectures on other alternative dispute resolution (ADR) processes, but the main focus of the class will be facilitative mediation. Role play opportunities, observation, and practice experience will be provided as part of the class in order to provide students opportunity to work on practical skills in addition to learning mediation theory. Elements of the subject matter taught include the nature of conflict, how mediation fits within the ADR structure, understanding values and relationships embedded within the dispute resolution process, ethical standards of practice, mediation techniques, role and task of the mediator, and stages of the mediation process. Please note that this course will count toward one of the four graduate courses that a student may elect. Meets the professional skills requirement.
LEX 7666 Cr. 3
Adversary strategy and practice skills in the pretrial stages of litigation. The course focuses on the preparation of pleadings, interrogatories, requests for admission and document production requests. Students will negotiate settlement of disputes, draft and argue motions and take and defend depositions. Meets the professional skills requirement.
LEX 7669 Cr. 2-3
The subject matter of this course is the law of information privacy. It addresses the law and policy applying to the collection, use and disclosure of personal information. Relevant law includes state laws founded in tort and property, federal laws addressing specific privacy issues and constitutional limitations on government. Topics may include use of personal information by the media, government surveillance aimed at combating terrorism, the privacy of health care information, the collection and use of personal information by businesses, privacy in schools and at the workplace and international privacy issues.
Public Finance Law
LEX 7676 Cr. 2
Introduction to the legal principles involved in public finance transactions, particularly municipal borrowing and debt; state law considerations, including sources of authority for borrowing and repayment; the effect of ultra vires borrowing, procedural defects, municipal debt limitations and other factors relating to the power to incur municipal debt; traditional financing techniques; selected federal tax and securities law considerations; consequences of default and municipal bankruptcy; functioning of the municipal bond market.
Public Health Law
LEX7680 Cr. 3
Prereq. or Coreq.: Students must have completed LEX 6600 Torts and LEX 6700 Constitutional Law I
This course focuses primarily on how the law regulates and promotes public health. Students will explore the legal foundations of the American public health system and the struggle between individual liberties and the government's interest in providing for its citizen's collective health and well-being. The course will examine these conflicts in many of the important realms of public health theory and practice.
Race and the Law
LEX 7686 Cr. 3
The course will explore the impact of law on race relations and vice versa. The course will cover a range of topics and issues such as history and legal history, civil rights and equal protection, criminal law, affirmative action, employment, hate speech, education, interracial marriage and adoption, housing discrimination, and the emergence of Critical Race Theory in contemporary jurisprudence. Historical problems and developments will be used to shed light on contemporary issues and solutions.
Race, the Law & Social Change in Southeast Michigan
LEX 7689 Cr. 2-3
Detroit is the most segregated Metropolitan Area in the country. This course examines the role and limits of law in addressing issues of race, discrimination and equality in Southeast Michigan. From a legal and anthropological perspective, students will study the efforts that attorneys have made over the past century to create a region more consistent with American values of inclusiveness. The course will examine individual and class action lawsuits and other forms of policy advocacy, all addressing legal problems in Southeast Michigan, examining litigation tactics and the role of expert testimony. The history and social problems of the region are examined from the perspective of the courtroom.
Real Estate Financing
LEX 7701 Cr. 2-3
Prereq.: LEX 6500 Property
Methods of financing the acquisition and improvement of residential and commercial real estate through the use of private sources of funds.
Religious Liberty in the United States
LEX 7725 Cr. 2-3
Prereq.: LEX 6700 Constitutional Law I
This course examines the relationship between Church and State in the United States. It addresses the First Amendment's Free Exercise and Establishment Clauses, as well as some related state and federal statutes, giving regard to matters of history, legal doctrine, and public policy.
LEX 7756 Cr. 3
Prereq.: LEX 6500 Property
Basic study of Article 9 of the Uniform Commercial Code with particular attention to the law governing the creation and perfection of security interests in personal property and the relative priorities of interested parties; attention to some or all of the following: goods- oriented remedies in Article 2, financing leases in Article 2A, bulk sales, effects of the Bankruptcy Code on secured transactions and documents of title in Article 7.
LEX 7758 Cr. 2-3
Prereq: completion of first year courses; LEX 7156 Corporations
Public and private actions under Securities Act of 1933, Securities Exchange Act of 1934, and Investors Act of 1940; pleading requirements for a cause of action; vicarious liability; liability of attorneys, accountants and directors; congressional limitations on state and federal securities claims; damages in private actions; public enforcement proceedings (SEC civil suits and criminal prosecutions).
LEX 7761 Cr. 2-3
Prereq.: LEX 7156 Corporations. Not open to students who have taken LEX 7061 Business Planning: A Transactional Approach.
Analysis of current problems in federal and state regulation of transactions in securities.
LEX 7999 Cr. 2-4
This course will cover areas of current interest in the law.
Sports and the Law
LEX 7766 Cr. 2-3
This course will survey a range of legal issues presented by sports in America. Students should be prepared to learn and apply basic principles of antitrust law and labor law. Constitutional law, administrative law, contract law and tort law will also be applied. Topics will include the regulation of the professional sports labor market, drawing from contracts, antitrust and labor law. The course will also treat the regulation of agent representation of athletes, the regulation of sports franchises and sports leagues, including the powers of commissioners' offices in major sports leagues and the regulation of intercollegiate sports.
LEX 7800 Cr. 3
Prereq.: LEX 6700 Constitutional Law I.
This course will address some of the distinguishing features of state constitutions not shared with the parallel federal document. Among these features are elected judiciaries, part-time legislatures of plenary power, non-unitary executive branches, frequently employed amendment and revision procedures, and state powers over political subdivisions. Significant attention will be devoted to state judiciaries as the interpreters of state constitutions, including state courts' inherent powers, advisory powers, and relationships with federal and sister-state courts. State constitutions also protect civil liberties differently from the U.S. Constitution, both in kind and degree; these differences will be reviewed through readings in constitutional litigation. The course is not a survey of fifty different constitutions. Instead, it is designed to illuminate the common areas of inquiry in a theoretical field remakably distinct from the study of the federal Constitution.
LEX 7816 Cr. 2-4
Interrelation between income tax policy and basic governmental and social institutions. Introduction to the law of federal income taxation concentrating on the taxation of individuals. Basic application of these taxes: problems involved in the variety of transactions and situations which confront the lawyer in general practice; analysis and use of materials which will permit their solution. Underlying problems of policy which have led to the tax law of today and which may be expected to require change in the tax law of tomorrow.
Taxation of Corporations
LEX 7821 Cr. 4
Prereq.: Taxation (LEX 7816). Not open to students who have taken Business Planning: A Transactional Approach (LEX 7061), Corporate Tax I (LEX 7146), Corporate Tax II (LEX 7151), or Elements of Corporate Tax (LEX 7203).
A detailed exploration of the federal income tax problems of corporations and their investors; an analysis of the statutory rules governing transactions between corporations and their shareholders, including tax-free incorporations, property and stock distributions, constructive dividend problems, stock redemptions; corporate reorganizations with a focus on corporate recapitalizations, dispositions of the assets of a corporation or of investor's interests in a corporation; liquidation problems; and the impact of judicial doctrines on corporate tax planning.
Teaching Law in High School
LEX 7826 Cr. 3
Prereq.: Second- or third-year student
Students teach 20-25 sessions to a class of high school students, using a widely recognized high school text, Street Law. Students attend a weekly seminar which deals with teaching methods. Students will participate in and present model lessons in the seminar, prepare lesson plans and have field supervision of their teaching in the high school.
The Law of the first Amendment: Freedom of Speech
LEX 7829 Cr. 2
Prereq: LEX 6700 Constitutional Law I-- Not open to students who have taken LEX 7126 Constitutional Law II. Taking this course will preclude you from taking LEX 7126 Constitutional Law II. This course will cover in depth the First Amendment guarantees of freedom of speech, press, association and petition. Emphasis will be placed on the “law of the First Amendment,” as it has developed through the decisions of the United States Supreme Court. The subject will be approached in terms of how the “law of the First Amendment” operates in the context of actual litigation. The course will also consider First Amendment issues likely to arise in the United States today and tomorrow.
Trademarks and Unfair Competition
LEX 7831 Cr. 2 or 3
Prereq.: LEX 6500 Property
The course focuses on the federal trademark statute, 15 U.S.C. §1051 et seq., state statutory and common law unfair competition, and the federal law of unfair competition and false advertising under 15 U.S.C. §1125(a).
LEX 7836 Cr. 3
Prereq.: LEX 7266 Evidence
Basic trial techniques taught through student performances of role play exercises followed by critique. The greater part of the course is devoted to mastering the major trial skills in isolation: direct and cross examination, introduction of exhibits, impeachment, expert witnesses, opening and closing statements. This culminates in a full simulated criminal or civil jury trial in which these skills are applied. Meets the professional skills requirement.
Trusts and Decedents' Estates
LEX 7841 Cr. 4
Prereq.: LEX 6500 Property
Intestate succession, wills and trusts, requisite elements of wills and express trusts, and procedural requirements for their creation; administration of decedents' estates and trusts; special rules relating to charitable and spendthrift trusts; trust forms as equitable remedial devices under resulting and constructive trust rules.
United States Foreign Relations Law
LEX 7888 Cr. 4
Prereq: LEX 6700 Constitutional Law I. LEX 7408 International Law is recommended.
This course examines the constitutional and statutory doctrines that regulate the conduct of United States foreign relations. The topics to be covered include the distribution of foreign affairs powers between the three branches of the federal government, the status of international law in U.S. courts, the scope of the treaty power, the validity of executive agreements, the preemption of state foreign affairs activities, and the political question and other doctrines regulating judicial review in foreign affairs cases. Attention will also be paid to political influences on, and policy effects of, legal doctrines in this field.
LEX 7931 Cr. 2 or 3
Categories of water bodies and public and private rights under the riparian and the prior appropriation systems. Consumptive and nonconsumptive uses, management and protection of the resource. Intergovernmental relations with respect to water resource allocation and management.
White Collar Crime
LEX 7941 Cr. 3
Study of the substantive and investigative issues related to federal prosecution of business crimes. The course will focus on the balance between the government's power to investigate white collar crime and the rights of corporate and individual investigatory targets in connection with criminal prosecutions of federal economic crimes (conspiracy, money laundering, RICO, criminal anti-fraud statutes, false claims against the government and environmental statutes) and problems related to parallel civil enforcement actions involving the same underlying conduct.
Workers' Compensation Law I
LEX 7951 Cr. 2
This course begins with an overview of the Michigan statute followed by a discussion of "arising out of' and "in the course of employment" including the going to and from work doctrine. It continues with an analysis of the occupational disease provisions of the statute as compared to single event personal injury provisions, and concludes with the study of specific loss.
Workers' Compensation Law II
LEX 7952 Cr. 2
Prereq.: LEX 7951 Workers' Compensation Law I
The course begins with an analysis of the total and permanent disability provisions of the Michigan statute, and includes an analysis of important considerations of loss of wage earning capacity. Dependency, notice, and claim are studied, and a study of the employer-employee relationship is conducted with emphasis on comparing that relationship with the status of independent contractor. The course concludes with a study of third-party liability and subrogation rights of the employer and carrier.
Workers' Rights in a Globalized Economy
LEX 7960 Cr. 3
Workers' rights in a globalized economy examines the global trade-labor debate, the structure and function of the international labor organization, private initiatives such as anti-sweatshop campaigns and corporate codes of conduct, and select topics, including: human rights/labor rights lawsuits in the U.S.; transnational collective labor action; migrant workers and female workers in the global economy; and child labor.