Below are links to descriptions of some of the Spring 2013 courses to be offered by the School of Law.
ABOTA Trial Practice Lecture Series
Prof. Kathryn Sampson
Mondays 8-9:50 a.m.; 2 credit hours
This course features a slate of seasoned trial attorneys and judges, all members of the American Board of Trial Advocates (ABOTA). ABOTA’s primary objective is to educate the American public about the history and value of the right to trial by jury. In this course, these experienced practitioners will use lectures and trial practice materials to help develop our next generation of trial attorneys and judges.
Created by the Arkansas Chapter of ABOTA and scheduled first thing Monday mornings to accommodate the trial dockets of its featured speakers, the series will cover a series of topics relevant to both pre-trial and trial practice, including such topics as:
- The Evaluation of a Case
- Preparation, Presentation and Argument on Jury Instructions
- Preparation of witnesses
- Pretrial Motions and Conferences; Scheduling Orders
- Civility in the Courtroom; Dealing with Judges
- Voir Dire
- Opening Statement
- Direct Examination of Witnesses
- Cross-Examination of Witnesses
- Making and Defending Objections
- Presentation and Cross-Examination of Experts, with some treatment of the psychology of the expert witness
- Closing Arguments
Professor Kathryn Sampson will coordinate these lectures and also administer a final exam. This ABOTA trial practice course will be Professor Sampson’s first classroom project, in her new administrative role of Director of Competitions and Capstone Courses. The textbooks for this course are: James W. McElhaney, McElhaney’s Trial Notebook, and R. Lawrence Dessem, Pretrial Litigation in a Nutshell.
Advanced Trademark and Copyright Class
Professor Uche Ewelukwa
Six key topics issues will be taken up in this course: (1) Trademark and Copyright Licensing, (2) Trademark and Copyright Registration/Prosecution/Maintenance, (3) Counterfeiting and Import Challenges; (4) Design Rights; (5) International Aspects of IP Protection; and (6) Specific Sectors: Sports, Fashion, Entertainment, and the Food Industry. Students will learn key aspects of practice before the U.S. Patent and Trademark Office, including trademark prosecution and the handling of opposition, cancellation and concurrent use proceedings. Measures for international protection, including the Madrid Protocol, are covered, as are issues of branding and domain name protection.
Evaluation: By exam (approximately multiple choice questions) and a short paper. Students will be free to write their paper on any sector they desire including sectors not covered in the class.
Baseball and the Law
This course will not cover the law of baseball; nor is it a complete sports law course. Instead it will consist of a grand tour through the law school curriculum via a collection of cases linked together in the Great American Pastime. To be covered are cases on the taxes of a Dodger shortstop; antitrust law and Curt Flood; ownership of Barry Bond’s home run ball #73; the law of nuisance and night games at Wrigley Field; removal jurisdiction and Pete Rose; local taxes and Three Rivers Stadium; injunctions and the threat to shut down the Minnesota Twins; the privacy of Warren Spahn; the publicity rights to Babe Ruth; criminal law and the Black Sox; trademark law and baseball cards; the bankruptcy of a batting champion; the divorce of a relief pitcher. Some cases are well-known; some, obscure.
This one hour course will meet on Tuesday at 8:00 a.m., and will focus upon a single decision and area of the law each week. The grade will be based entirely upon the final examination, which will consist of approximately 20 multiple choice questions. This course is offered every other year. A short ungraded writing assignment is required.
Note: This course will only be offered if at least 15 students preregister for the course.
Child Welfare Practice
Instructor Jerald Sharum
Child Welfare Practice is a three-credit litigation skills course that will introduce students to the practice of law in Arkansas’s child welfare system. Students will learn the substantive law that governs civil cases involving the abuse and neglect of children by parents and other caretakers, as well as litigation and professional practice skills such as trial strategy, hearing practice, and witness examination. Students will also gain practical experience in applying these skills through simulated hearings that will follow three real-to-life cases from the initial investigation to the return of children to the custody of their parents, the termination of parental rights, and other possible outcomes. Each student will receive feedback on his or her efforts from the instructor as well as from judges and practitioners from around the state, all with the goal of giving each student the confidence and the skills to be successful lawyers in and out of the courtroom.
Professor Annie Smith
The Civil Clinic represents low-income clients seeking to enforce their rights in a variety of civil matters. Under close attorney supervision, students handle all aspects of client representation including client interviewing and counseling, legal research and drafting, discovery, and court appearances. In addition to direct client representation, students periodically engage in projects designed to help them explore the full breadth of advocacy tactics.
Civil Clinic students must be eligible for practice under Rule XV of the Arkansas Rules Governing Bar Admission.
Corporate Compliance Programs
Instructors Jennifer Sommer (Jennifer.Sommer@wal-mart.com) Laura Asbury (email@example.com)
This course will provide a high-level overview of the importance and structure of an effective compliance program within a business, with the purpose of mitigating legal risk. The Federal Sentencing Guidelines specify the elements of an effective compliance program, and federal agencies like the Office of Inspector General for the Department of Health and Human services, as well as some state agencies (New York Office of Medicaid Inspector General) have interpreted these or implemented them through regulation. Students who choose to work for a corporation (even in the legal department) will need to be familiar with how that corporation implements the elements of an effective compliance program, so as to effectively defend or advise the corporation.
We will request the students to purchase Compliance 101: How to Build and Maintain an Effective Compliance and Ethics Program by Debbie Troklus, Greg Warner, and Emma Wollschalger Schwartz for this course, which can be found on the bookstore. Additional course material will be listed in the syllabus and be available on the Internet. This will be a springboard for the more in-depth legal discussions that will take place during class.
Instructor Don R. Elliott, Jr.
Intersession Week: January 7-11, 2013; 8:00am-11:00 am
Deposition Practice: The focus of this class is to teach how to take, defend and use depositions in civil cases. There will be extensive study of Rules 28-32 of the Arkansas and Federal Rules of Civil Procedure. Additionally, the case law in State and Federal cases applicable to depositions will be discussed and reviewed. Further, we will discuss the practicality of a deposition such as the timing, scheduling and expenses involved in depositions. Finally, students will observe an actual live video deposition followed by a discussion. Final grade will be based on classroom participation, attendance and a final examination.
Instructor Ross Noland
Intersession Week: January 7-11, 2013; 1:00pm-4:00 pm
Environmental Torts: Focuses on common law causes of action for damage to real property, including nuisance, trespass, negligence, and strict liability. Common fact patterns include drifting pesticides and leaking underground storage tanks. Additional issues to be covered include joint and imputed liability, insurance coverage, defenses, and remedies.
Professor Uche Ewelukwa
Four key issues will be taken up in this course: business immigration, family-based immigration, refugee/asylum law, and undocumented migration. In general, this course will explore the legal, historical, international, and policy perspectives that shape U.S. law governing immigration and citizenship. We will address the admission and removal of immigrants and nonimmigrants, and the issues of undocumented immigration and national security. Regarding business immigration, we will focus on employment-based visas, address immigration issues that face small employers, examine how to protect employers from immigration-related penalties, and explore the administrative remedies available for business clients. Time-permitting, we will also analyze the impact of immigration in other areas, including employment, family unification, international human rights law, and discrimination. Evaluation is by exam.
International Commercial Arbitration
Professor Chris Kelly
This course will survey the history, purposes, and processes of international commercial arbitration. See brochure for this class →
Law & Cultural Heritage
Prof. Judges, Visiting Instructors Cribari and Wold
Law & Cultural Heritage Course is a 2-credit combination of on-campus classes and local field work, plus five days of classes and field work in Rome, Italy! The tentative schedule is as follows: On Campus – Friday afternoons for 3.5 hours on January 25th, February 8th & 22nd, March 8th and an April 5th post-Italy reception. Off campus: Rome, Italy – March 18th – 22nd, classes for three hours in the morning followed by field assignments.
Download flyer with detailed info.
Instructor: Bianca Rucker
Judicial Clerkships is a two-hour course that deals primarily with the process of judicial clerkships, focusing on both state and federal clerkships, and writing and drafting for and with judges from a non-adversarial perspective. The course will cover the development of the institution of clerking, clerk and judge selection, judicial philosophy (regarding the degree of authorship a judge has over his or her opinions), and the responsibilities associated with clerking. Students will gain exposure to the variety of clerkship opportunities available (for example, appellate, trial, bankruptcy, social security, pro se, magistrate), and the essential skills required of law clerks, with particular focus on memorandum and opinion writing.
This course has been certified as an Upper Level Writing Course. Accordingly, students will research for and write a bench memorandum, advising the judge on the law and the appropriate outcome of an issue, and then transform that memorandum into an opinion that is of publishable quality. Students will be graded not only on the final draft, but also on the editing process.
Additionally, resources and information necessary to search for and apply to federal and state clerkships will be provided. The class will have guest lectures–current clerks, federal judges, and trial judges–discussing topics related to the clerkship experience. The class will encourage students to think about how judges and clerks deal with case-management issues, ethical concerns, and interacting with members of the bench, bar, and court staff. The course will also consider how judges arrive at decisions and their basic process of decision making.
Mediation in Practice
Mediation in Practice is highly interactive and students must be prepared for class each week. Lack of preparation will not only impact you, but the students with which you will be paired during each class. One of the primary goals of the course is developing your basic skills as a mediator. To do that, you must practice mediating – and that will be accomplished through mediation simulations. There will be a lot of simulations during the semester. Sometimes you will serve as the mediator, sometimes one of the disputants.
While there is no final exam for this course, there is a significant amount of work that can only be completed outside of class time.
Each student is required to observe professional mediators mediate at least one actual case. These mediations will be scheduled by the mediator and attorneys involved in the case, therefore students will be required to work within those timelines. The mediations are scheduled during the week, usually beginning in the morning around 9:00 am and lasting into the late afternoon. Depending on your schedule, it possible that you may miss another class to observe a mediation. Students are required to write up a case report for mediation observations. A case report guide will be provided on the first day of class.
Note: Students who want to be eligible for mediator certification upon completion of their juris doctorate will need to observe two cases.
Recorded Mediation Simulation
In addition to the mediation exercises done in class, each student must serve as the mediator for a complete mediation simulation that will be conducted outside of class time and videotaped. You will do a self-evaluation of your performance as mediator using the video. The self-evaluation and video will be turned in to me as a significant part of your final grade. A guide for the self-evaluation will be provided the first day of class.
The reading assignments for this course are “front loaded,” meaning that there is a significant amount of reading to do the first few weeks. While there are some reading assignments during the last half of the course, the focus will shift primarily to role plays and skill development. It is important that you do the readings and come prepared to participate in class discussion.
The texts for the course are:
The Practice of Mediation by Douglas N. Frenkel and James H. Stark and The Mediator’s Handbook by Jennifer E. Beer with Eileen Stief.
One final note: I am not based in Fayetteville. I live and work full time in Little Rock and commute to Fayetteville once a week to teach the class. I am typically on campus all day on Mondays. Therefore, we will communicate a lot via email and I will have office hours only on Mondays prior to class.
If you have any questions, please feel free to contact me via email at firstname.lastname@example.org.
Privacy and Security Law
Instructor Rebecca Davis – Rebecca.Davis@walmartlegal.com
This two-unit course will introduce students to Information Privacy Law, including the origins of the law, access of private information by law enforcement, government and employers, types of private information including data that are personally identifying, financial or medical in nature, and an overview of international privacy laws. The course text will be Solove and Schwartz, Information Privacy Law, 4th Ed.
Rule of Law Colloquium
Professor Christopher Kelly
The core purpose of this course is to invite you to ask and answer this question: What does the rule of law mean to you? Please keep this question in mind throughout this course and your career. See course brochure →