Course Catalog

With increasing frequency, cities and states are engaging in affirmative, plaintiff-side litigation. City and state initiated litigation, over the past decades, has resulted in some of the largest monetary judgments and settlement in U.S. history, including in the multistate tobacco litigation and the multi-jurisdiction opioid litigation. Cities and states also use affirmative litigation, often successfully, to push affirmative policy priorities--often against the federal government--in issue areas as diverse as climate change, civil rights, immigration, and others. This class will take a close look at city and state-initiated litigation, from both a doctrinal and theoretical perspective. The course will cover the authority and causes of action cities and states have to sue. Case studies examined will include major, headline-grabbing cases including opioid litigation, gun litigation, climate-change litigation, and litigation against presidential administrations of both parties. We will also, however, examine smaller-scale cases brought at a local level, particularly in the State of Michigan. Through it all, we will examine broader questions: when is it appropriate for a city or state to sue? Who are their "clients," and who do they represent? And when should litigation be initiated by governments as opposed to private plaintiffs?

• Type: Seminar

The Civil-Criminal Litigation Clinic (CCLC) is designed to prepare students to litigate in any substantive field in any practice setting, from large firm to legal services. Our students nearly uniformly report that they are steps ahead of most of their peers on the first day of work as summer associates and as new lawyers entering practice. Students represent multiple clients each term at every stage of a case, from intake, through investigation and discovery, motion practice, negotiation, trial, and, occasionally, appeal. Students take "first chair" responsibility for every aspect of the work. They leave with the ability to approach a case with confidence, research and develop a legal strategy, and litigate it, no matter what practice setting or substantive field. We also emphasize improving students' legal writing, oral advocacy, communication skills, and teamwork. Students must concurrently enroll in the corresponding 4-credit Clinic course and 3-credit Clinic seminar (LAW 920 AND LAW 921). The seminar component helps students develop fundamental litigation skills they use in representing their real clients. In the seminar, students participate in multiple simulations covering everything from interviewing to negotiation, multiple simulated courtroom exercises, and a mock jury trial at the end of the term. Other class sessions cover the role of the lawyer, ethical issues in law practice, client-centered lawyering, the adversarial process, issues affecting the Clinic's client populations, and case rounds. Both the seminar and fieldwork are graded. The Clinic meets the New York State Bar pro bono requirement (https://michigan.law.umich.edu/academics/experiential-learning/clinics/civil-criminal-litigation-clinic). The seminar fulfills the Law School's professional responsibility requirement for graduation but does not fulfill the New York State Bar ethics requirement.

• Type: Clinic

The Civil-Criminal Litigation Clinic (CCLC) is designed to prepare students to litigate in any substantive field in any practice setting, from large firm to legal services. Our students nearly uniformly report that they are steps ahead of most of their peers on the first day of work as summer associates and as new lawyers entering practice. Students represent multiple clients each term at every stage of a case, from intake, through investigation and discovery, motion practice, negotiation, trial, and, occasionally, appeal. Students take "first chair" responsibility for every aspect of the work. They leave with the ability to approach a case with confidence, research and develop a legal strategy, and litigate it, no matter what practice setting or substantive field. We also emphasize improving students' legal writing, oral advocacy, communication skills, and teamwork. Students must concurrently enroll in the corresponding 4-credit Clinic course and 3-credit Clinic seminar (LAW 920 AND LAW 921). The seminar component helps students develop fundamental litigation skills they use in representing their real clients. In the seminar, students participate in multiple simulations covering everything from interviewing to negotiation, multiple simulated courtroom exercises, and a mock jury trial at the end of the term. Other class sessions cover the role of the lawyer, ethical issues in law practice, client-centered lawyering, the adversarial process, issues affecting the Clinic's client populations, and case rounds. Both the seminar and fieldwork are graded. The Clinic meets the New York State Bar pro bono requirement (https://michigan.law.umich.edu/academics/experiential-learning/clinics/civil-criminal-litigation-clinic). The seminar fulfills the Law School's professional responsibility requirement for graduation but does not fulfill the New York State Bar ethics requirement.

• Type: Clinic

This is a clinical course in which each student is assigned to help represent an indigent defendant in the appeal of his or her felony conviction, under the supervision of attorneys from Michigan's State Appellate Defender Office. The focus of the course is on the completion of an effectively written appellate brief on behalf of the client, to be filed in state or federal court. The goal of the course is to develop the student's understanding and skill in all phases of appellate advocacy. The student will review the trial transcripts and lower court records, interview the client in prison (with the instructor), develop a strategy for appeal, conduct legal research, and help draft the client's brief on appeal. Feedback is provided by frequent individual meetings with the instructors, as well as oral argument before a panel of attorneys experienced in criminal law. The course gives the student the opportunity to work on a real case with real consequences for the client. While most directly relevant to those interested in criminal law, its lessons in appellate advocacy should be of general interest. Class size is limited to 12 students to assure individual attention to each student. The Clinic is a 4 credit course and meets the New York Pro-Bono requirement. It does not, however, fulfill the NY State Bar ethics requirement or the Law School's professional responsibility requirement for graduation. Students must enroll in the 3 credit clinic and the 1 credit field component, taken concurrently. The 3 credit clinic and 1 credit field component are mandatory graded and ineligible for letter grade conversion to pass ("P") election. The Clinic can either fulfill the upper-level writing requirement or the credits can count toward the Experiential Learning requirement, but not both.

• Type: Clinic

This is a clinical course in which each student is assigned to help represent an indigent defendant in the appeal of his or her felony conviction, under the supervision of attorneys from Michigan's State Appellate Defender Office. The focus of the course is on the completion of an effecitvely written appellate brief on behalf of the client, to be filed in state or federal court. The goal of the course is to develop the student's understanding and skill in all phases of appellate advocacy. The student will review the trial transcripts and lower court records, interview the client in prison (with the instructor), develop a strategy for appeal, conduct legal research, and help draft the client's brief on appeal. Feedback is provided by frequent individual meetings with the instructors, as well as oral argument before a panel of attorneys experienced in criminal law. The course gives the student the opportunity to work on a real case with real consequences for the client. While most directly relevant to those interested in criminal law, its lessons in appellate advocacy should be of general interest. Class size is limited to 12 students to assure individual attention to each student. The Clinic is a 4 credit course and meets the New York Pro-Bono requirement. It does not, however, fulfill the NY State Bar ethics requirement or the Law School's professional responsibility requirement for graduation. Students must enroll in the 3 credit clinic and the 1 credit field component, taken concurrently. The 3 credit clinic and 1 credit field component are mandatory graded and ineligible for letter grade conversion to pass ("P") election. The Clinic can either fulfill the upper-level writing requirement or the credits can count toward the Experiential Learning requirement, but not both.

• Type: Clinic

This course examines the application of legal principles as a limitation on the definition of crime; the theories underlying criminal law; and the problems of the imposition and execution of sentences. Also examined are various specific areas of substantive criminal law, including: (1) general principles applicable to all crimes, e.g., mistake, causation, legal insanity, intoxication, and rules of justification and excuse; (2) accountability for the acts of others; and (3) attempt and conspiracy.

• Type: First Year Required

An analysis of the legal and practical problems presented in the administration of criminal justice from the point of bail to post conviction review. Subjects include: prosecutor's discretion, preliminary examination, grand jury operations, discovery, joinder and severance of parties and offenses, plea negotiations, acceptance of guilty pleas, selection and role of the jury in criminal trials, selected trial problems, sentencing, appellate and habeas corpus review, and professional responsibilities of the prosecutor and defense attorney.

• Type: Upper Class

This course focuses on the procedural rules that regulate the use of evidence at trial. The rules covered include those relating to the competence of witnesses, the mode of examination, relevance, impeachment, character evidence, hearsay, expert evidence, privileges, and judicial notice. Particular attention is paid to the Federal Rules of Evidence.

• Type: Upper Class

In the Juvenile Justice Clinic, students will represent minors charged with violations of the criminal law and status offenses in Michigan's family courts. While primarily a litigation clinic, students may from time-to-time handle appellate matters and may be involved in public policy issues such as analyzing proposed legislation. In the course of clinic, students will develop litigation skills including case investigation, trial preparation, and presenting evidence and argument in the courtroom. Casework, which is supervised by a clinical professor, may involve client interviewing and counseling, legal research and motion drafting, negotiation with prosecuting authorities, and courtroom presentation of the case. In addition to trial advocacy and casework, classroom sessions will also focus on legal ethics, the basics of child development and other topics. The Juvenile Justice Clinic meets the New York Pro-Bono requirement. JJC is a 7 credit course of which all credits are graded. The Clinic seminar fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement.

• Type: Clinic

In the Juvenile Justice Clinic, students will represent minors charged with violations of the criminal law and status offenses in Michigan's family courts. While primarily a litigation clinic, students may from time-to-time handle appellate matters and may be involved in public policy issues such as analyzing proposed legislation. In the course of clinic, students will develop litigation skills including case investigation, trial preparation, and presenting evidence and argument in the courtroom. Casework, which is supervised by a clinical professor, may involve client interviewing and counseling, legal research and motion drafting, negotiation with prosecuting authorities, and courtroom presentation of the case. In addition to trial advocacy and casework, classroom sessions will also focus on legal ethics, the basics of child development and other topics. The Juvenile Justice Clinic meets the New York Pro-Bono requirement. JJC is a 7 credit course of which all credits are graded. The Clinic seminar fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement.

• Type: Clinic

Founded in 2009, the Michigan Innocence Clinic was the first innocence clinic in the country to focus exclusively on non-DNA cases. In the MIC's sixteen-year history, it has achieved victories in 45 cases on behalf of clients who had been wrongfully convicted of crimes they did not commit. Students registered in the MIC investigate and litigate cases on behalf of incarcerated people who are actually innocent of the crimes for which they have been convicted. Students work on all aspects of the cases, including researching claims of innocence and the law pertaining to them, investigating new evidence, writing and editing court briefs and motions, and participating in courtroom activities when there are hearings scheduled in their cases. The clinic also features a seminar component, where students explore in class the legal and policy issues underlying wrongful convictions and engage in practical skills exercises such as mock direct/cross exams and oral arguments. There are no exams or papers; students are graded on their preparedness and contribution to class, various in-class exercises, the progress they make in their cases, and the quality of their case-related work product. Students are required to complete six office hours per week in the clinic's office, in addition to class time and the usual outside-of-class time spent doing seminar readings and case-related tasks. The MIC's docket spans both state and federal courts and is quite diverse and novel. No two cases are the same, and non-DNA innocence litigation continues to be a fascinating challenge within the field of criminal litigation. Students work with supervising attorneys to craft legal strategies and explore evidentiary and procedural avenues for obtaining relief, many of which have been expanded in recent years due to the work of the MIC and other such organizations. Students interested in criminal law/procedure, appellate practice, brief writing, public interest work, innocence litigation, or courtroom advocacy would be especially suitable for the MIC. That said, there is also plenty in the clinic that would interest those who don't plan to pursue a litigation career. There are no specific prerequisites (outside of the regular first-year courses), and no prior specialized knowledge of criminal defense or innocence litigation is required or expected. * Clinic spans fall and winter semesters of one academic year. Students may register during winter of 1L or 2L year for enrollment during 2L or 3L year, respectively.

• Type: Clinic

Founded in 2009, the Michigan Innocence Clinic was the first innocence clinic in the country to focus exclusively on non-DNA cases. In the MIC's sixteen-year history, it has achieved victories in 45 cases on behalf of clients who had been wrongfully convicted of crimes they did not commit. Students registered in the MIC investigate and litigate cases on behalf of incarcerated people who are actually innocent of the crimes for which they have been convicted. Students work on all aspects of the cases, including researching claims of innocence and the law pertaining to them, investigating new evidence, writing and editing court briefs and motions, and participating in courtroom activities when there are hearings scheduled in their cases. The clinic also features a seminar component, where students explore in class the legal and policy issues underlying wrongful convictions and engage in practical skills exercises such as mock direct/cross exams and oral arguments. There are no exams or papers; students are graded on their preparedness and contribution to class, various in-class exercises, the progress they make in their cases, and the quality of their case-related work product. Students are required to complete six office hours per week in the clinic's office, in addition to class time and the usual outside-of-class time spent doing seminar readings and case-related tasks. The MIC's docket spans both state and federal courts and is quite diverse and novel. No two cases are the same, and non-DNA innocence litigation continues to be a fascinating challenge within the field of criminal litigation. Students work with supervising attorneys to craft legal strategies and explore evidentiary and procedural avenues for obtaining relief, many of which have been expanded in recent years due to the work of the MIC and other such organizations. Students interested in criminal law/procedure, appellate practice, brief writing, public interest work, innocence litigation, or courtroom advocacy would be especially suitable for the MIC. That said, there is also plenty in the clinic that would interest those who don't plan to pursue a litigation career. There are no specific prerequisites (outside of the regular first-year courses), and no prior specialized knowledge of criminal defense or innocence litigation is required or expected. * Clinic spans fall and winter semesters of one academic year. Students may register during winter of 1L or 2L year for enrollment during 2L or 3L year, respectively.

• Type: Clinic

How should we respond to wrongdoing? The law has several tools, most prominently punishment and compensation. In our personal lives, we have other tools, like apology, forgiveness, and reconciliation. Some would like to see those tools play a larger role in law, perhaps to the exclusion of punishment. In this class, we'll consider the many ways we respond to wrongdoing, as individuals and as societies. We'll study theories of punishment, repair, revenge, apology, and forgiveness. We'll investigate restorative justice and reparations for historical wrongdoing. The readings will be primarily philosophical, but no background in philosophy is required.

• Type: Upper Class