FALL 2014 FIRST ASSIGNMENTS

Academic Success   LAW 695-01, 02, 03               Professor Orlen

Administrative Law         LAW 705-01              Professor Buzuvis

Read pages 1-37 in text.  Register for TWEN, download and review syllabus.

Advanced Legal Analysis  LAW 599-01, 03  Kandace Kukas

Appellate Advocacy  QWC 652-03  Professor Kalman

Reading:  (1) A Practical Guide to Appellate Advocacy, Beazley ("APG") chs. 1-2 and 9.2.

                (2) Begin to read the Rolon Transcript.  The transcript will be available on TWEN on August 18, 2014.

                      A.  Highlight significant facts.

                      B.  Note possible issues defendant could raise on appeal.

Appellate Moot Court  LAWS 673-29  Professor Kaiser

Students enrolled in Appellate Moot Court should sign up for the TWEN page for this class.  Before the first class, you should familiarize yourself with the problem we will be working on this semester-In re:  Baby Boy J.  Your can find this document on the TWEN page under "Problem."

In addition, you should read Chapter 2 of the Practical Guide to Appellate Advocacy text.

Looking forward to seeing you on August 28th.

Bioethics   LAW 688-01               Professor Noah

Please register for the course TWEN site using an email address that you check regularly.  Please download the document under Course Materials on the TWEN site, read it, and be prepared to discuss.  You can also pick up a hard copy of the syllabus and first assignment from the materials distribution box for the course outside the faculty support office on the second floor.

Business Organizations  LAW 551-01       Professor Reich-Graefe

The reading assignments and course materials are posted on the TWEN website for this course (under the link "General Course Information").

Please register for TWEN accordingly.

Civil Procedure  LAW 509-01      Professor Wolf

Initial assignments for Civil Procedure will be posted here and on the course TWEN site.  Please sign-in on the course TWEN site.  You will be instructed how to do so during Orientation, or check with the Library Staff.

Civil Procedure  LAW 509-02        Professor Flynn

Wednesday August 27th.

Please read pp. 220-226 in your casebook:  Subrin, Minow et al, Civil Procedure:  Doctrine, Practice & Context, (4th ed.).

Also read the following two Federal Rules of Civil Procedure:  FRCP 8(a)(2) and FRCP 12(b)(6), as well as Civil Form 11 (often called an Illustrative Civil Form).  These are located in your supplement:  Subrin, Minow et al, 2014-15 Federal Rules of Civil Procedure with Resources for Study.  If the supplement is not yet available at the bookstore, please look up the FRCPs and the Civil Form online and be sure you make a hard copy for yourself.

I look forward to seeing you.

Civil Procedure  LAW 509-03       Professor Miller

Read pages 1-12 in casebook.  Silberman's Civil Procedure

Connecticut Practice & Procedure  LAW 798-03  Professor Burns

Constitutional History  LAW 720-01  Professor Gordon

REQUIRED READING:

   Stanley I. Kutler, The Supreme Court and the Constitution:  Readings in American Constitutional History (3rd. New York: W.W. Norton & Co., Inc.  1984).  All page assignments on this syllabus are pages in the book unless otherwise indicationd.

R. Kent Newmyer, The Supreme Court Under Marshall and Taney, 2d e. (Wheeling, Illinois:  Harlan Davidson, In., 2006).

Supplement - Copies of all other assigned materials are reproduced in the course supplement, in the additional required readings handout, or at the web links indicated below.  These materials should be read or accessed as indicated in the assignments portion of this syllabus.  Some of the assignments are available only on the WEB.  The web links are on my TWEN page.

ASSIGNMENT:

Thursday, August 28:  Read the "Articles of Confederation" (copies are available outside room 207 in the materials box for Constitutional History) and the "Constitution of the United States" (Printed as an appendix in the Kutler Casebook).

Constitutional Law  LAW 501-03               Professor Wolf

Initial assignments for Constitutional Law will be posted here and on the course TWEN site.  Please sign-in on the course TWEN site.

CONSTITUTIONAL LAW (Sec. 3)                                       

Fall, 2014   

COURSE SYLLABUS

A.  Course Materials

          1.  Jonathan D. Varat, Vikram D. Amar, and William Cohen, Constitutional Law:  Cases and Materials (Concise 14th ed. 2013) and 2014 Supplement.

          2.  Instructor's Handouts.

          3.  Study Aids on Library Reserve: (a) Chemerinsky, Constitutional Law: Principles and Policies (4th ed. 2011); and (b) Nowak and Rotunda, Constitutional Law (8th ed. 2010).

 

B.  Assignments

Part I - Introduction

Assignment #1:  Background

 

          (a) Varat, et al. Course Book (hereinafter "CB"), pages v-vi.

          (b)  CB, pp. 1-16:  The United States Constitution, focusing on Articles I-VII.

          (c)  CB, pp. 1085-1094: Chart of the Justices.

          (d) TWEN Site: Course Materials:   Please complete the “True-False Quiz” prior to our first class on Wednesday,  August 27, when we will discuss your answers. The answers to the quiz are in the reading and the learning from your first year.   You may discuss the quiz with other students prior to our first class.   

          (e) CB, pp. 25-37, and TWEN Site: Course Materials: “Excerpts from the Federal Convention.”   In Marbury, what are the bases for the Court declaring an act of Congress unconstitutional?  Constitutional text, history, structure, or precedents?           

          (f)  Was it necessary for the Court in Marbury to declare part of § 13 of the Judiciary Act of 1789 unconstitutional? How could the Court have interpreted Section 13 to avoid reaching the constitutional question?  Should a court avoid reaching constitutional ques­tions unless required to do so to decide the case before it? 

          (g) Did the Court have an alternative, non-constitutional ground for decision in Marbury?  In formulating your answer to this question, look closely at Article III, § 2, of the Constitution and § 13 of the Judiciary Act of 1789 (CB, p. 29, ftn. b).

          (h)  Can you defend the statement that the power to declare a statute unconstitutional was NOT a ground-breaking question in Marbury?  Was President Jefferson correct that Marbury was "merely an obiter dissertation of the Chief Justice"?  To which part of Marbury was he referring?

          (i) What did the framers of the Constitution have in mind regarding judicial review?  Did they expect that courts would have the power to declare acts of the legislature unconstitutional?   Acts of the Congress?   Acts of the State Legislatures?

          (j) Are the intentions of the framers relevant?  Should they bind us today?

          (k) May the President disregard Supreme Court decisions if he believes them to be wrong?  Did Presidents Lincoln (CB, p. 35) and Jackson (CB, p. 35) violate the Constitution when they appeared to ignore applicable judicial decisions?  

 

Assignment #2:   Background (cont.)

 

         (a)  CB, reread Article III, Sections 1 and 2.   At the Constitutional Convention in 1787, the delegates debated the nature of a federal judiciary.   The delegates generally agreed on the need for a Federal Supreme Court.  The states righters, however, wanted no lower federal courts, while the Federalists wanted the Constitution to establish them.   The Madisonian Compromise gave Congress the discretion to create lower federal courts, infusing them with whatever Article III judicial power Congress deemed appropriate.  

          (b)  CB, pp. 37-43. 

          (c)   Does a litigant have a constitutional right to be heard in a feder­al court on a "case" or "controversy" within the scope of Article III?  Does it matter whether the litigation arises under federal law or is a diversity action?  Are the issues raised over congressional control of lower federal court jurisdiction as important as those raised about Supreme Court appellate jurisdiction? 

          (d)  Does Congress control the Supreme Court through its power over the Court’s appellate jurisdiction?  Is such power part of the system of checks and balances?  Is that the real significance of Ex Parte McCardle?

          (e)  In determining the limits, if any, of congressional power to con­trol the Supreme Court's appellate jurisdiction, does it matter if the curtailment involves a constitutional or non-constitutional question?  Does it make any difference whether another forum is available in which to litigate the matter cur­tailed? 

          (f)  When Congress curtails Supreme Court appellate jurisdiction, should congressional intent or motivation for the curtailment count?  Do "intent" and "motivation" have the same ­meaning?   Does McCardle answer that question?

 

Conveyancing  LAW 694-01  Professor Gaudio

Assignment - August 26

Real Estate Transfer, Finance, and Development- ch. 1, pp. 1-21

Tristram's Landing v. Wait (in TWEN Course Materials)

Criminal Law  LAW 505-01      Professor Baldwin

Criminal Law  LAW 505-02     Professor Goldstein

Text:  Kaplan, Weisberg & Binder, Criminal Law:  Cases & Materials  (7th ed. 2012)

During the first two weeks of class, read the Introduction, (pp. 1-19) and the section on Just Punishment (pp. 21-27).
You will find that they will make the cases we are discussing in class much more intelligible.  When you read them, take the "First Quiz" on TWEN.  How well you do on this quiz will not affect your grade, but if you do not at least attempt every question before 12:01 AM September 6, 2014, your final grade may be lowered.

8/28:  29-64 and 68-77.

8/29:  113-22.

Criminal Law  LAW 505-03     Professor Leavens

Text:  Dressler & Garvey, Criminal Law, 6th ed. (West)

Monday, August 25th, pp. 29-61  We will discuss issues of punishment, using the cases (Dudley & Stephens and Du) as a focus.

Thursday, August 28th, pp. 69-91  We will contine our discussion of punishment, finishing up the first set of readings and then considering what the concept of proportionality means under the Eighth Amendment as applied, first, to a death sentence and, second, to a sentence to a term of years or life in prison.

I will set up a TWEN site for this course.  I will use it to communicate to the class concerning assignments and the lie, and to communicate, if need be, with individual students.

Criminal Law Clinic  LAWS 920-01     Professor Cafaro

Criminal Procedure:  Investigation  LAW 706-01     Professor Leavens

Text:  Saltzburg & Capra, American Criminal Procedure:  Investigation (10th ed. West)

Tuesday, August 26:  Introduction:  A Conceptual and Practical Foundation Duncan, Teague pp. 1-32

Thursday, August 28:  Searches and Seizures:  The Fourth Amendment
                     1.  Background pp. 33-38
                     2.  What Constitutes a Search?  Katz, Jones, Jardines  pp. 38-63
                     3.  Interests Protected  pp. 63-65

I will set up a TWEN page for the course.  Please sign up.  I use TWEN to communicate assignments and other important information about the course throughout the semester.
There is a lot to cover in this course, and we will hit the ground running.  Please be prepared starting Day One.  I look forward to seeing you on the 26th and to working with you throughout the semester.

Criminal Procedure:  Investigation  LAW 706-03     Professor Baldwin
Electronic Discovery  LAW 601-03  Professor Katie Winseck
Employment Law  LAW 794-03  Professor Lizana
Estate & Gift Tax  LAW 722-01     Professor Royal

Evidence  LAW 553-01     Professor Goldstein

By the end of the week of 8/25, you should have mastered the facts of the two exemplary case files (Mitchell and MacIntyre, in EVIDENCE IN CONTEXT).  our entire work in the couse depends on your having done so - the cases form the factual basis for all of the examples and problems we cover!

Sign up for the course on TWEN and review the syllabus.

8/26/14   Read case of State v. Mitchell in EVIDENCE IN CONTEXT
                 Skim FRE 101-1103 (without commentary
                 Read M&K §§ 4.1 and 4.2.
                 Prepare Problems 1-8

8/28/14   Read case of MacIntyre v. Easterfield in EVIDENCE IN CONTEXT
                 Read M&K §§ 4.4-4.10
                 Read FRE 401-403
                 Prepare Problems 9-14

Family Law  LAW 643-01     Professor Levi

Please read pages 1-18 in the casebook -Estin, Domestic Relationships:  A Contemporary Approach (2013).

Federal Courts & Jurisdiction  LAW 724-01     Professor Miller

Pick up 1st Assignment outside Room 207.

Federal Income Tax Simulation  QWCS 640-01  Professor Metzger

First Amendment Rights  LAW 716-01     Professor Flynn

Wednesday, August 27th.

Please read pp. 1-19 in your casebook:  Sullivan & Feldman, First Amendment Law (5th ed).  Because of recent developments in First Amendment Law, it is important to have the 5th edition, not an earlier one.

I look forward to seeing you!

Income Tax I  LAW 555-01, 03     Professor Metzger

Class 1:  pp. 1-9, 13(at C)-20; 25 (at 3)-41; 68 (at B)-71

Class 2:  pp. 87-94

International Business Transactions  LAW 778     Professor Reich-Graefe
International Human Rights Clinic  LAWS 912-01     Professor Carasik

International Law  LAW 762-01     Professor Charity

For our first class, read pp. xiii-xxix and 1-20 of the casebook, and skim the document supplement's table of contents.

Be prepared to discuss one international dispute in current events in our first class, and how you believe the international or domestic authorities should respond to that dispute.  Consider whether that response should use or avoid using military force, which people or entities should respond, and whether an organizing principle (or what organizing principle) supports your proposed response.

International Business Transactions  LAW 778-03  Professor Reich-Graefe

The reading assignments and course materials are posted on the TWEN websie for this course (under the link "General Course Information").

Please register for TWEN accordingly.

Introduction to LAW 500-01, 03     Professor Steiner

This course is based on the text "What Every Law Student Really Needs to Know:  An Introduction to the Study of Law" by Tracey E. George and Suzanna Sherry (Aspen 2009).  For the first class on Wednesday, August 20, 2014, read and come to class prepared to discuss pp. 1-62.  For the second class on Thursday, August 21, 2014, read and come to class prepared to discuss 63-89.

Judicial Externship  LAWP 907-21  Professor Kaiser

Juvenile Justice  LAW 727-03  Professor Chapman 

Required Text:  Chapman's The Juvenile Justice Experience.  Read pages 2-20.

Labor Law  LAW 708-01     Professor Adomeit

No classon Tuesday, August 26, 2014.  First class Thursday, August 28, 2014.

Read Casebook, Labor Law, Collective Bargaining in a Free Society, pp. 1-30.

Real Estate Finance LAW 730-01  Professor Gaudio

Week of Agust 25

Real Estate Transfer, Finance, and Development - ch. 1, pp. 99-116; ch. 8, pp. 011-930.

Landlord & Tenant  LAW 696-03  Professor J. Donnelly

Law Office Mangement  LAW 632-03  Professor Agen

Log on to TWEN and review Syllabus.

Chapter 1, Munneke's Introduction to Law Practice:  Organizing and Managing Legal Work, 4th edition by Gary A. Munneke, 2012, ISBN  13:9780314276452.

Postings on Courses TWEN site.

Dewey's Fall Underscores Law Firms' New Realty, The New York Times, May 4, 2012.

Tables are turned on foreclosure law firm, Massachusetts Lawyers Weekly, June 12, 2014.

Lawyering Skills (Legal Research & Writing)  LAW 507     Dean Cohen, Professor Orlen, Professor Kaiser, Professor Freeman.

Before the first Lawyering Skills class please read Global Lawyerings Skills, ch. 1-3, 13.

The Core Grammar for Lawyers pre-test must be completed by September 12, 2014.

Law Practice Externship  LAW 909-10  Dean Cohen
Legal Services Clinic  LAWS 916-01     Professor Shaw

MA Practice & Procedure  LAW 763-03  Professor Estes

Read chapters 1,2 and 3 in Blumenson & Leavens Massachusetts Criminal Practice, 4th edition, New Law Publishing (2012).

Native American Law  LAW 793-03  Professor Cuffee

The 1st Assignment will be Introduction:  Indians and Indian Law; Doctrine of Discovery and American Indian Rights, pp. 1-73.   Text:  Cases and Materials on Federal Indian Law, 6th ed.  Author:  David Getches.

Non-Profit Law  LAW 772-03  Professor Dion

Professional Responsibility  LAW 575-01  Professor Gordon

(Section 1)

REQUIRED READING:

Thomas D. Morgan, etal, Professional Responsibility:  Problems and Materials, 12th ed. (Foundation Press, 2014) [hereinafter Casebook].

Thomas D. Morgan, etal, 2014 Selected Standards on Professional Responsibiity (Foundation Press, 2014) [hereinafter Supplement].

ASSIGNMENT - AUGUST 25

Read the handout materials (available outside room 207 in the box for Professional Responsibility), and Casebook 1-30.

What supposed attributes of the legal profession, caricatured in these lawyer jokes and by Jonathan Swift, might engender anti-lawyer sentiment?

What is Tocqueville's opinion of the legal profession?  Does his description of the profession see accurate?  Is it negative?

AUGUST 27

PROBLEM 1:  Casebook 31-45

Model Rules (Supplement):  Preamble, 1.0 Terminology, 8.1, 8.3, and 8.4.

Property  LAW 511-03  Professor Gordon

REQUIRED READING:

A. James Casner, W. Barton Leach, Susan Fletcher French, Gerald Korngold, Lea VanderVelde, Cases and Text on Property (5th ed. 2004) [hereinafter Casebook]

Robert Laurence and Pamela B. Minzner, A Student's Guide to Estates in Land and Future Interests:  Text, Examples, Problems and Answers (2nd ed. 1993).

There will also be a handout with additional readings which I will distribute at the first class meeting.

ASSIGNMENTS:

Monday, August 25:            no assignment

Wednesday, August 27:      CASEBOOK:    1-4, 34-43 (prepare Pierson v. Post and Keeble v. Hickeringill)

Public Sector Labor Law  QWC 781-03  Professor Adomeit

No class Tuesday, August 26, 2014.  First class Thursday, August 28, 2014.

First paper:  For 8/28/14.  Look up the Wisconsin Supreme Court decision entitled Madison Teachers, Inc. v. Scott Walker.  It is on-line as a PDF at http://www.wicourts.gov/ /opinion/DisplayDocument.pdf?content=pdf&seqNo=118669

Read the following PDF pages from that decision:

Majority opinion, pp. 1-46; concurring opinion, pp 1-8; dissenting pp 1-13.  (The print is large, so the pages are short).
Prepare a short paper, no more than 5 pages, on what the legislature did to public sector collective bargaining in Wisconsin, arguments for and against and the probable impact of the law.  Feel free to read secondary sources - newspapers, blogs, etc.

Please emnail me a Microsoft Word copy of the paper at padomeit@law.wne.edu before class on Thursday.  We will discuss this case and your papers on Thursday.

Real Estate Finance  LAW 730-01  Professor Gaudio

Sales  LAW 744-03  Professor Charity

In the Walt, Sales Law:  Domestic and International case book, read pp. 1-14 (short class discussion), and 15-38.  While reviewing all problems in the reading, look closely at Problems 2.1, 2.3 and 2.4 (on p. 55, relating to the reading on leases at pp. 34-38).  Also look closely at UCC §§ 1-203; 2-102; 2-105; 2-106; 2-401; 2-501.

Secured Transactions  LAW 747-03  Honorable Henry Boroff

Text:  Secured Transaction in Personal Property, Read pages 1-13.

Sexual Orientation, Gender Identity & Law  LAW 690-01  Professor Levi
Small Business Clinic  LAWS 944-03

Torts  LAW 513-01  Professor Steiner

This course is based on the casebook by Arthur Best and David W. Barnes, Basic Tort Law:  Cases, Statutes and Problems, Third Edition (Wolters Kluwer/Aspen).  For the first class, read and prepare to discuss pp. 1-23.

Torts  LAW 513-02  Professor Buzuvis

Read pages 1-13 in text.  Register for TWEN.

Torts  LAW 513-03  Professor Noah

Please register for the course TWEN site using an email address that you check regularly.  Please read pages 1-17 in the textbook and be prepared to discuss the material.  You can also pick up a hard coy of the syllabus from the materials distribution box for the course outside the faculty support office on the second floor.

Trademark Law  LAW 760-03  Professor Coyle and Professor Pelletier

"Foundations and Purposes"

The Trade-Mark Cases (3-7)
Hanover Star Milling Co.  v. Metcalf (7-8)
Mishawaka Rubber & Woolen Mfg. Co. v. S.
S. Kresge Co. (8)
Yale Elec. Corp. v. Robertson (8)
Prestonettes, Inc. v. Coty (8-9)
International News Service v. Associated Press (12-14)
Dastar Corp. v. Twentieth Century Fox Film Corp. (14-15)
Elvis Presley Enter, Inc. v. Capece (28-36)

Trial Methods  LAWS 681-03  Honorable Paul Perachi

Read Chapter 1, pp. 1-42 in The Trial Process:  Law, Tactics and Ethics.  Prepare a three minute introduction of yourself, including why you enrolled in this class and what you hope to gain from the class.

Trusts & Estates  LAW 748-03  Professor Gaudio

Assignment Week of August 25

Wills, Trusts, and Estates, ch. 1. pp. 1-28, 41-62

 

 

 

 

 

 

 






 

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