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School of Law
1045 W. Maple St.
Robert A. Leflar Law Center
Waterman Hall
University of Arkansas
Fayetteville, AR 72701

Phone: (479) 575-5601

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Selected Fall 2014 Course Descriptions

American Indian Law Clinic

Dean Leeds – Day and Time TBD

ISIS 11037, LAWW 648(2 or 3 credits) Section 005

Emphasizes the development of legal infrastructure within tribal governance structures and the practice of American Indian law in the federal and tribal systems. Students will represent American Indian tribes or advocacy organizations in matters involving: the development of tribal law through drafting statutes and codes, the enforcement of federal and tribal rights, and provide support to tribal justice systems, including fostering intergovernmental relationship between tribal, state and federal entities. The course focuses on selected current American Indian law topics and the development of lawyering skills. Enrollment prerequisite is American Indian Law or the permission of the instructor.

Arkansas Civil Procedure

Instructor: Nate Coulter

M 3:20-5:15

(Course description to be provided.)

Conflict of Laws

Professor Dustin Buehler

Tuesdays/Thursdays 3:00-4:15 (3 credits)

Course Description: This bar course is one of the most important classes students can take in law school. Regardless of where you practice, you undoubtedly will work on cases or transactions involving conduct and parties from multiple states, and you will need to know which state’s law applies. For that reason, a basic understanding of Conflict of Laws—the rules governing choice of law—is absolutely essential for any litigator or transactional attorney.

In addition to its usefulness, Conflict of Laws is inherently interesting as well. The course is fundamentally about power: when the laws of two states conflict, which state must give way, and why? Is it even possible for a court to make a dispassionate choice between conflicting laws, or do these choices inevitably boil down to judges choosing the law that best protects their own state’s interests? And is it a problem that these interstate power struggles often produce results that are unfair to individual litigants?

Grading: Students will have the option of taking an open-book final exam or writing a short paper (approx. 10 pages) in response to a question handed out a few weeks before the end of the semester.

Note: This course will not be offered again until Fall 2016.

Questions? E-mail Prof. Buehler at dbuehler@uark.edu.

Conflict Resolution

Instructor: Jon Comstock

Thursdays, 8:00-9:50 ISIS 5234, LAWW 6343, Section 001

Wednesdays, 8:00-9:50 ISIS 9513, LAWW 6343, Section 002

Conflict Resolution is a 3-hour skills course. Two separate sections of the course, each taught by Jon Comstock, are offered in the Fall 2014 semester. Section 001 will meet on Thursdays from 8:00-9:50am, and Section 002 will meet on Wednesdays from 8:00-9:50am.

Both sections (15 students in each section) require that all 30 students registered for the two sections participate in a weekend “jump start” on August 23rd and August 24th. On Saturday, August 23rd, class times are 9:00a.m. until 4:30 p.m., and on Sunday, August 24th, class times are 2:00-5:00 p.m. Attendance for all of the weekend class hours is mandatory.

Conflict Resolution explores methods utilized in the legal profession for resolving disputes. Students develop skills by participating in simulation exercises designed to identify and apply processes. Class readings/discussion on theory and practice will be followed by student simulations. Designed for second and third year law students.

Construction Law Practice

Professor Carl Circo

WF 8:30-9:45

Construction Law Practice focuses on the skills lawyers use to identify, assess, and manage risks that clients face in construction projects, to structure, negotiate, and draft design and construction contracts, and to resolve construction project disputes. While we will apply these skills in the construction industry context, the basic skills are transferrable to many other practice fields. The course will provide students with practice in these areas primarily through the use of pre-assigned problems and simulations. We will employ the “flipped classroom” technique in which students independently acquire baseline knowledge through reading assignments, recorded lectures, and other background assignments outside of class so that we are free to use class time primarily for skills-based performance problems and simulations. Students will frequently be assigned to work in groups or to assume the roles of junior lawyers in a construction law firm or a general counsel’s office. There will be no final examination; grades will be based on performance in simulations and exercises, along with consistent attendance and engaged participation (which are required). The course will satisfy the skills requirement.

Employment Discrimination

Instructor: Eva Madison – M 3:20-5:15

This course focuses on the study of the significant cases and statutes that protect employees from discrimination based on race, color, religion, sex, national origin, age, and disability, with emphasis on Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. Final exam will be a take-home exam.

Environmental Law

Professor Sara Gosman

WF 10:00-11:15

Environmental laws affect many areas of life: from the quality of the air, to the safety of drinking water, to the cleanup of contaminated property, to the preservation of endangered species. Whether you represent business, government, or environmental organizations, it is important to understand environmental laws and how they are applied. In this course, we will discuss the common-law origins of the field and then review the major environmental statutes, including the Clean Air Act, Clean Water Act, and “Superfund” Act. We will consider the policy issues as well as the practical implications of the laws. We will end by discussing global climate change and the future of environmental law.

General Practice Capstone

Instructor: K. Sampson

W 2:15-4:55

General Practice Capstone consists of two three-credit courses, one in the fall semester and the other in the spring, designed to provide students with practical information to help transition directly from law school to a general practice. Students may enroll in General Practice Capstone in either or both semesters. The School of Law’s Director of Capstone Courses will arrange for experienced practitioners to present a series of workshops on discrete practice areas and will administer an objective exam (short answer and multiple choice) during the finals period.

The fall semester will cover common areas of general practice in courts of general jurisdiction, including ethics of law practice (as viewed by both members of the bench and by the small town practitioner), advising small business entities, domestic relations and family law, criminal defense and prosecution, DUI and alcohol related offenses, personal injury, civil litigation (including deposition practice), adult and child guardianship, basic estate planning and probate administration.

The spring semester will cover more specialized areas, such as drug court, probation and parole, habeas corpus; employment litigation, worker’s compensation, unemployment compensation appeals; Veteran’s benefits, social security disability, nursing home administration law; foreclosure law, landlord and tenant matters, the business of law practice, and working in district court (misdemeanors and small claims).

In both semesters, the practitioners will provide checklists, sample pleadings, common forms, and other practice aids to help students build a useful forms file that will help them navigate the legal system during their early years of practice.

International Criminal Law

Professor Sacharoff

WF 8:30-9:45

This course will survey important topics in international criminal law such as genocide, war crimes, torture, and crimes against humanity. It will trace the use of international tribunals from the Nuremberg and Tokyo tribunals to the International Criminal Court to enforce these international criminal laws. It will also apply these principles to contemporary problems, including the U.S. use of torture after 9/11, the civil war in Syria and Russia’s action in the Crimea. This course will provide excellent reinforcement and elaboration of basic criminal law concepts such as mens rea; it will also further understanding of public international law in general. The grade will depend upon a final exam and participation.

Law & Development

Professor Ewelukwa and Professor Kelley

M 1:00-1:55

(Course description to be provided.)

Law & Economics

Professor Dustin Buehler

M 3:00-4:40

Course Description:

Q: Should we deter “bad” behavior with monetary or criminal sanctions?

Q: Can anti-discrimination and minimum wage laws increase business productivity?

Q: Should tobacco companies be held liable for smokers’ healthcare costs?

Q: Should we replace patent laws with a government reward system?

Law and Economics (L&E) confronts these types of legal and policy issues by critically analyzing whether legal rules provide the greatest good to the greatest number of people. The class offers an introduction to basic economic principles, while providing a useful review of many core law school and bar exam subjects.

We will examine applications of L&E to: tort law, property law (including intellectual property and eminent domain), contract law, criminal law, tobacco litigation, employment law, and several other topics. All students are welcome – an economics background is NOT necessary for success in this class (last time this course was offered, many of the top grades went to students with no prior economics background).

Grading: Students will have the option of taking an open-book final exam or writing a short paper (approx. 10 pages) in response to a question handed out a few weeks before the end of the semester.

Note: This course will not be offered again until Fall 2016.

Questions? E-mail Prof. Buehler at dbuehler@uark.edu.

Law of Democracy and Election

Instructor: Nate Coulter

W 2:15-4:05

(Course description to be provided.)

Mediation

Instructor: Watson

M 1:00-3:40

This 3-hour course will serve as an introduction to the alternative dispute resolution process of mediation. It will give students a working understanding of the mediation process, which will enhance their professional skills and ability to serve clients. While the course is focused on developing the student’s competency as a mediator, the skills are also relevant to lawyers in their capacity as an advisor and as an advocate. This course satisfies the skills requirement.

Sports Law

Instructor: Perkins

W 2:15-4:05

This 2-hour course will provide an overview of the relationship between the sports and legal worlds. The students will be exposed to issues in professional, collegiate and Olympic sports, as well as high school and community based sports programs. In addition, we will explore how: Constitutional Law; Tort Law;Employment Law; and Contract Law impact decisions made in sports on all levels. Students will be required to write a 10-15 page paper in response to a question that will be handed out to the class. The text for the course is: Glenn Wong, Essentials in Sports Law (4th ed., ABC-CLIO, 2010).

Tax of Gifts, Estates & Trusts

Professor Lonnie Beard

MTTh 11:00-11:50

This course will provide an overview of how the income from trusts and estates will be taxed for federal income tax purposes, and how the federal transfer taxes (gift, estate, and generation-skipping taxes) will apply to gifts and testamentary transfers.

For students who may be interested in incorporating an estate planning component to their practices, this course will be a good supplement to the basic Wills, Trusts and Estates course, and will be good preparation (and is usually a prerequiste) for the Estate Planning course usually offered during the spring semester. Taking all three courses should provide a good initial foundation for including estate planning as part of your practice.

Completion or concurrent enrollment in Wills, Trusts and Estates is a requirement. Completion or concurrent enrollment in Federal Income Taxation of Individuals will be helpful but is not required.

Trade Secrets

Professor Uche Ewelukwa

TTh 2:00-2:50

Although confidential and proprietary business information are arguably a company’s most valuable asset, they are often frequently under-protected and very easily lost or stolen. This course addresses the law and theory applicable to the protection of confidential and proprietary business information ranging from formulas, products, recipes, designs to customer lists. The course will expose students to the substantive law of trade secrets. Course topics will include: (i) the basic understanding of trade secret law; (ii) the identification of intellectual property and proprietary information suitable for trade secret protection; (iii) employee policies, as well as hiring and firing issues, as they relate to the protection of trade secrets; (iv) misappropriation in the employment context, such as issues regarding confidentiality and non-compete agreements, and the inevitable disclosure doctrine; (v) enforceability of trade secrets through litigation and the defense of the same; (vi) strategies for protecting confidential business information in countries like China and the European Union; (vii) the Economic Espionage Act and trending issues in the prosecution of trade secrets theft; and (vii) the differences between trade secret law and other forms of intellectual property law, such as patent law. Time-permitting, the course will explore litigation strategies in trade secret misappropriation cases, as well as procedures and requirements for preserving trade secret protection.

Why take Trade Secrets? Because economic espionage and trade secret theft is on the rise in the United States and around the globe and businesses are looking for new and innovative ways to protect their confidential information. Underscoring the growing importance of trade secrets to U.S. businesses, trade secrets litigation is on the rise in the United States, federal prosecution of trade secret theft is also on the rise, and a growing number of states have adopted specific laws to protect trade secrest. According to the “Administration Strategy on Mitigating the Theft of U.S. Trade Secrets” which the Obama Administration adopted in 2013, “Trade secret theft threatens American businesses, undermines national security, and places the security of the U.S. economy in jeopardy. These acts also diminish U.S. export prospects around the globe and put American jobs at risk.”

In this course, the students will: (a) engage in an in-depth discussion of various provisions of the Uniform Trade Secret Act and the Arkansas Trade Secret Code: (b) be exposed to evolving case law on trade secret misappropriation and critically examine various fact patterns in light of relevant case law; (c) debate the pros and cons of the inevitable disclosure doctrine; (d) analyze employment agreements with non-disclosure and non-compete provisions; and (e) prepare a proposed trade secret policy for a client.

ULW: This course does not satisfy the Upper Level Writing requirement (ULW)

Exam: In-class. Open book.

Trademark Law

Professor Uche Ewelukwa

MTTh 10:00-10:50

This course covers trademark law, with some coverage of broader unfair competition and false advertising issues. This is a combination of common law and statutory class. Specific trademark issues addressed will include: (i) nature of trademark rights; (ii) violation of trademark rights; (iii) defenses; (iv) remedies; (v) domain name hijacking or cybersquatting; (vi) domain name disputes and dispute resolution; (vii) trade dress; (viii) geographical indicators (e.g. “CHAMPAGNE,” “BORDEAUX,” “NAPA VALLEY,” and “IDAHO POTATOES”); and (ix) selected procedural issues that arise in trademark cases. To some extent, the filing and prosecution of trademark applications will be covered together with an examination of the statutory requirements and benefits of trademark registration. Time-permitting, the course will also cover how trademark principles are being applied to the internet and e-commerce. Although the course will focus primarily on U.S. trademark law, it will include exposure to the aspects of international/European trademark law that are most frequently encountered by U.S. trademark practitioners and U.S. businesses. The course will call for students to participate in hands-on exercises, such as developing a new brand, interviewing local business owners, conducting trademark searches, and possibly applying for trademark registration. Particular emphasis will be placed on the challenges of new technology to the legal regime for intellectual property and selected complex practical and legal issues confronted by today’s trademark practitioners.

Why take Trademark Law? Because Trademarks and brand image are now among the most important intangible asset that businesses, regardless of size, own today. According to Ms. Stark, Fox Entertainment Group’s senior vice president for intellectual property, “Brands are one of the most effective communication tools ever invented.” In today’s global marketplace with the Internet making it possible for companies of all sizes to engage in global commerce, business identity and brand image have become all the more important. Increasingly, clients want to understand the value of trademarks and need to know how best to protect their business identity and brand image in the United States and overseas, online as well as in the real world. This is a 3-credit course. Exam: In-class. Open book. Note: This course does not satisfy the Upper Level Writing requirement (ULW).

ULW: Journal Writing

Instructor: Amanda Hurst

Time/Day TBD

This course will include instruction on scholarly writing, highlighting areas in which good scholarly writing overlaps with good legal writing, along with practices including structure and use of the analytic paradigm. Course is open only to second-year students who are candidates for one of the law school journals.

ULW: Race & the Law

Professor Stephen Clowney

Wednesdays, 2:15-4:05

ULW: Race & the Law will satisfy the Upper Level Writing requirement. This course will critically examine racial issues in the American legal system including, but not limited to, Indian Removal, Slavery/Jim Crow laws, Civil Rights (2 classes), Affirmative Action and Education, Welfare Policy, Criminal Justice and Policing (2 classes), Immigration, and Family & Gender. The course will employ an interdisciplinary approach including History, Political Science and use of statistical data.

Each student will be required to write a paper of at least 25 double-spaced pages. Students will meet and confer with the professor at least twice during the course and the professor will provide detailed written feedback on at least two drafts of part or all of the paper. The professor will work with the students to develop an appropriate topic. Alternatively, there may be more than one paper but the total will be at least 25 pages of graded written work with feedback as specified above. The course will also include instruction on writing, highlighting areas in which good scholarly writing overlaps with good legal writing, along with practices including structure and use of the analytic paradigm. The professor will ensure the paper(s) meet important basic requirements such as a clear and novel thesis, strong research, advancement of skills and substantive knowledge, and improved critical and/or analytic thinking through practice in written communication. The writing component of the course will account for 2/3 of the students’ final grades. Students will read a book or other materials on Race and the Law. While a specific book has not been selected at this point, there are several good options such as Juan Perea, Richard Delgado, Angela Harris, and Stephanie Wildman, RACE & RACES (West, 5th ed., 2000) or Davis, Johnson and Martinez, A READER ON RACE, CIVIL RIGHTS, AND AMERICAN LAW (2001).

School of Law

1045 W. Maple St.
Robert A. Leflar Law Center
Waterman Hall
University of Arkansas
Fayetteville, AR 72701

Phone: (479) 575-5601

Law School Directory

University of Arkansas School of Law