ADR in the Workplace
Prof. Moberly — M 3:20-5:50
ISIS 10549 LAWW 6903
SCOPE OF THE COURSE: The employment relationship has experienced increased legal regulation in recent decades. This produces a great number of workplace claims, many of which are settled by alternative dispute resolution (ADR) mechanisms such as arbitration and mediation. This course explores the legal status and practical application of ADR in the workplace. It examines the most successful alternative to litigation, labor arbitration. It also considers mediation of workplace disputes and several other forms of ADR such as Open Door Policies, Ombudsmen, and Peer review Systems.
COURSE OBJECTIVES: (1) to review the history, legal status, nature and practice of ADR in the workplace, and (2) to develop the skills necessary to use alternatives to litigation in workplace disputes.
METHODOLOGY: The doctrinal component is developed through assigned readings and class discussion. The skills component is developed through a series of group and individual exercises. Enrollment is limited. Work on the exercises will run concurrently with the reading assignments. Since this is a skills course, there is no final examination.
Arkansas Constitutional Law
Instructor: Nate Coulter – W 4:20-6:10
ISIS 8960, LAWW 500(2) Section 011
Arkansas Constitutional Law will be a graded, two credit course that will survey the history of the Arkansas Constitution of 1874 and the significant judicial decisions articulating the state’s constitutional jurisprudence. The class will focus on the impact that application of various provisions of the state’s constitution has on the current function and configuration of state government. In addition to covering general features of the separate branches of the government, the class will address in particular detail the state court system, local government, public education, independent boards and commissions, public bond financing and taxation. Grades will be based on class participation and a final exam.
Prof. Dustin Buehler – W 2:15-4:55
ISIS 10546, LAWW 603(3)
Q: Are federal courts superior to state courts?
Q: Can Congress prevent federal courts from hearing cases filed by Guantanamo Bay detainees?
Q: Under what circumstances can federal courts review state court decisions?
Q: If federal courts have jurisdiction, must they always exercise it?
Federal Courts answers these types of legal and policy questions by examining the role of federal courts in the American judicial system. This bar course is highly recommended for students who will litigate cases in federal courts. It also is invaluable for students interested in judicial clerkships.
We will focus on essential aspects of federal court procedure, the scope and limits of federal judicial power, and the underlying principles of federalism and separation of powers. Topics will include federal court jurisdiction, the power of Congress to limit that jurisdiction, Supreme Court review of state court judgments, and abstention and justiciability doctrines. All students are welcome!
Grading: Students will have the option of taking an open-book final exam or writing a short paper (approx. 10-15 pages) in response to a question handed out a few weeks before the end of the semester.
Questions? E-mail Prof. Buehler at firstname.lastname@example.org.
General Practice Capstone
Wednesdays, 2:15-4:55, Room 324
LAWW 500(3), Section, Section 018, ISIS 6769
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, including domestic relations and family law, criminal defense, personal injury, landlord and tenant matters, traffic violations and alcohol related offenses, representation of creditors and debtors, advising small business entities, real estate transactions, basic estate planning and probate administration.
The spring semester will cover more specialized areas, such as social security disability, elder law, employment litigation, foreclosure law, environmental law, commercial litigation, and immigration law.
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.
Law & Psychology
Professor Don Judges – WF 12:50-2:05
ISIS 6563, LAWW 500(3)
The disciplines of law and psychology interact at a variety of points. The legal system influences clinical practice through the regulatory effects of statutes, administrative regulations, and court decisions. Psychological expertise influences legal decision making at every level of the legal system. Psychologists advise legislatures, administrative agencies, and appellate courts on psychological issues related to legal policy-making and government practices. Psychologists serve as expert witnesses in trial courts and before administrative tribunals. Psychological theories affect the development of legal doctrine. Psychologists provide assessment and treatment services to correctional populations and public service occupations.
This course covers a selection of topics from those points of interaction. Those topics include psychopathology, professional liability for malpractice, informed consent to treatment and research, confidentiality and access to records, the role of mental health professionals as expert witnesses, mental disability and criminal law, and civil commitment. The text will be Slobogin, Rai, and Reisner’s Law and the Mental Health.
Instructor: Watson – M 1:00-3:40
ISIS 5952, LAWW 7073
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 satisfied the skills requirement.
Instructor: Perkins – W 2:15-4:05
ISIS 8836, LAWW 706(2)
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).
Mortgage Foreclosure Counseling
Instructor: Coulter — M 4:20-6:15
ISIS 6564 LAWW 500(2))
Prof. Moberly – T 3:20-5:50
ISIS 5951 LAWW 6343
COURSE PURPOSES & TEACHING METHODS: Course objectives are (a) to convey information about the history, legal status, nature, theory and practice of conflict resolution processes, including negotiation, mediation, arbitration, and mixed processes, such as the mini-trial, and (b) to develop the skills necessary to use alternatives to litigation. Each of the alternative dispute resolution (ADR) processes will be examined critically, with discussion of their strengths, weaknesses, and appropriate areas of use. A variety of teaching techniques will be utilized, including experiential exercises, demonstrations (live and/or videotaped), discussions and lectures.
METHODOLOGY:The doctrinal component will be developed through assigned readings and class discussion. The skills component will be developed through a series of group and individual exercises. Work on the exercises will run concurrently with the reading assignments. Grading is based on preparation, participation, competence, critiques, and attendance. Since this is a skills course, there is no final examination.
Instructor: Christopher Kelley
The Transnational Negotiation course is a two‐credit course designed to teach you cross‐cultural, transnational negotiation skills in an international setting. This fall, the course will be hosted abroad by the Law Faculty of the Taras Shevchenko National University in Kyiv, Ukraine.
ULW: Crime & SCOTUS
Prof. Brian Gallini – W 4:20-7:00
ISIS 7346, LAWW 406(3)
In this limited enrollment special topics seminar, we will critically examine criminal law and procedure cases currently pending before the Supreme Court. To facilitate our examination, we will construct a hypothetical Supreme Court, argue selected cases, take a vote, and then produce an actual series of judicial opinions to determine whether, as a class, our view of the case accurately predicts the Supreme Court’s ultimate decision.
During the semester, you will fill a variety of roles. Once during the semester, you will make an appellate argument to our fictitious Supreme Court on an issue currently pending before the actual Court. In doing so, you need not author a brief; instead, you will rely on the actual litigants’ brief and construct an oral argument based on that brief. At another point during the semester, you will serve as a bailiff/newspaper reporter. As bailiff, you will call the Court to session and keep track of the litigants’ time. As a newspaper reporter, you will observe the conduct of the Court, the litigants, and write an article covering the event. For the balance of the semester, you will sit as a Supreme Court justice. Justices will hear cases, conference on the argument, and issue opinions.
ULW: Journal Writing
Prof. Sharon Foster –Time/Day TBD
ISIS 9041, LAWW 406(1)
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.