Course Catalog

This course includes a thorough examination of the legal framework--constitutional, statutory, and common law--that empowers and constrains a wide range of federal administrative agencies. We will also look at the ways agencies themselves make law through rulemaking and adjudicate cases, and cover a range of other topics, including agency due process, adjudication in agencies, limitations on judicial review, standing, and finality. We will also engage issues of current concern, including presidential control of agencies and so-called e-government. This course is for students who have not taken Law 569, Legislation and Regulation.

• Type: Upper Class

<p>This course is designed to teach all students, however they plan to use their law school education, the skills necessary to creatively solve problems in whatever professional context they might arise. We use the classic James Harr’s A Civil Action (Vintage 1996) to teach the interpersonal, communication and analytical skills lawyers need to become successful problem solvers. This story demonstrates how Jan Schlichtmann could have achieved a more successful outcome for his clients if only he had applied these basic skills in that case. With this foundation, we develop an understanding of problem- solving methodology and the use of negotiation and mediation, two of the primary ADR processes for solving problems. Experiential learning is the fundamental teaching method. Students will learn to apply negotiation and mediation theory in simulated exercises with students playing the roles of negotiator, mediator, advocate and client in these simulations. Students receive feedback on their performance based on in-class faculty observation as well a post-exercise class discussion. Arbitration is the third process within the ADR constellation. We begin with a discussion of ad how to determine whether arbitration is an appropriate process for solving a client's problem. Then, we focus on the legal infrastructure of arbitration, the Federal Arbitration Act and recent cases that have shaped the current arbitration legal landscape. We also discuss legislative efforts to address issues of fairness in arbitration, particularly focusing on mandatory class action waivers and their impact on consumers and employees. The course concludes with a discussion of other creative ways to resolve disputes, including the use of the apology and its use at the University of Michigan Hospital to address claims of medical malpractice.</p>

• Type: Practice Simulation

This simulation course will help you develop the written and oral advocacy skills you'll need to be an effective appellate litigator (and which are highly desirable for many other forms of legal practice as well). You'll learn how to prepare and write an appellate brief and how to prepare and deliver an oral argument in court. We'll discuss both general principles of persuasion and more on nitty-gritty matters such as how to organize an argument; how to write effectively using well-constructed paragraphs and clear and crisp sentences; how to prepare for and handle oral questioning; and when if ever to adroitly split an infinitive or to end a sentence with a preposition you are enamored with. Class sessions will include presentations, interactive conversations, and in-class exercises. Over the course of the semester, you'll produce several drafts of a brief or portions thereof, focusing both on merits arguments and on some of the other components of a complete appellate brief. Occasionally I might assign other short writing exercises, either for class time or for homework. You'll present two or more oral arguments during class time. The simulation exercises will be based on a mock appellate case. I'll provide you with copies of court decisions, rules, and statutes deemed relevant to the mock case; little if any outside research will be required. This course will demand a good deal of your time and attention throughout the semester, which I expect will be repaid by lots of constructive feedback. Your work will be assessed on the quality of your written projects, your oral presentations, and your class participation in general.

• Type: Practice Simulation

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

This course covers the basic institutions of civil litigation in an adversary jury trial system. It explores the different procedural devices that arise out of the relationships among the parties, the judge, and the jury. Many litigation topics are covered, including issues relating to pleadings, discovery, other pretrial procedures, joinder, preclusion, and jurisdiction.

• Type: First Year Required

Professor Chaney's section: This course will explore the practical, conceptual and procedural mechanics of civil rights practice through mock litigation of one or more simulated case studies. Students will engage the stages of litigation, including claim and defense development, preparing and answering pleadings, crafting written discovery, conducting effective depositions, and presenting oral argument, while exploring the nuanced issues that arise in civil rights practice. Professor Steinberg's section: This course examines how civil rights lawyers use federal civil rights litigation to address contemporary social problems. Students will develop and litigate a simulated case based on an actual controversy in Detroit where police officers "removed" unhoused individuals from tourist-friendly areas against their will. Students will gain experience in client interviewing, public records requests, writing demand letters, drafting complaints, responding to motions to dismiss, oral argument, depositions, and negotiations. They will also learn how to overcome the many procedural obstacles to justice posed by 42 U.S.C. section 1983 and explore the ethical issues faced by public interest lawyers when representing clients in civil rights cases. The course will emphasize how litigation can be most effective in achieving social change when it is a part of an "integrated advocacy" campaign that includes public education, legislation, and/or community action.

• Type: Practice Simulation

Students litigate civil rights cases addressing issues such as: racial justice, police misconduct, voting rights, fair housing, student rights, free speech, women's rights, LGBT rights, immigrant rights, ethnic and religious discrimination, disability rights, and the right to privacy. Taught by the former long-time legal director of the ACLU of Michigan, the goal of the course is to prepare students to use the law to advance social justice. Students will have the chance to litigate civil rights cases on behalf of individuals as well as larger impact cases. Students, under faculty supervision, will gain experience in many of the following areas: working with impacted communities to identify injustices; researching and developing winning legal theories; interviewing potential clients; writing public record requests and demand letters; drafting complaints; researching and writing briefs; arguing motions; taking depositions and engaging in other discovery; negotiating settlements; trying cases; drafting appellate briefs; and arguing appeals. It is anticipated that students will work primarily in federal court and will learn how to avoid the many procedural minefields that civil rights litigants face when seeking injunctive relief or recovering damages under 42 U.S.C. section 1983. The course will also emphasize how litigation can be most effective in achieving change when it is part of an "integrated advocacy" campaign that includes public education, legislation and/or community action. Students will be encouraged to work in coalitions and with community groups to win not only in the court of law, but also in the court of public opinion. Although the Civil Rights Litigation Practicum (Law 807) is not a prerequisite, students who take the class will generally be given preference in enrollment. Students must take the Initiative for a letter grade; it is ineligible for letter grade conversion to pass ("P") election. The Initiative meets the New York Pro-Bono requirement. Students must enroll concurrently in the 4-credit clinic and the 3-credit seminar. 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

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 CEC is one of the law school's transactional legal clinics and prepares students for corporate and transactional practice in all sectors, including the private and nonprofit sectors. The CEC's mission is to promote economic, racial, and social justice and community and economic development in Detroit and other disinvested urban areas of the region. The clinic supports vibrant, diverse, and sustainable communities by providing transactional legal assistance to neighborhood-based small businesses, nonprofit organizations, community-based organizations, and social enterprises. Student attorneys interact with clients, normally represent multiple clients, and assume primary responsibility for all matters affecting their clients under close faculty supervision. The CEC works with both start-up and established clients primarily in these areas: * Entity formation, structuring, and governance * Drafting, negotiating, and reviewing contracts and other agreements * Tax * Intellectual property * Regulatory compliance * Real estate and land use * Employment * Risk management Student attorneys gain practical lawyering experience in the CEC. Student attorneys interview and counsel clients; develop and plan client strategy; draft legal documents, memos, and correspondence; manage relationships with clients, counterparties, co-counsel, and colleagues; identify legal issues, research them, and evaluate different alternatives; negotiate agreements; and implement client decisions. Student attorneys assess their own work and receive detailed feedback from CEC faculty in weekly meetings. The weekly seminar is a time for discussion of lawyering and client issues, including issues facing under-resourced communities in the Detroit metropolitan area and nationally, and the role race and racism have played in creating and continuing the adverse conditions in these communities and the processes of community and economic development in these urban areas. The CEC prepares students for careers in corporate, government, or public interest practice. There are no formal prerequisites. Knowledge of business law, including the substantive law of enterprise organizations, tax, nonprofit, land use, intellectual property and employment is not necessary, but may be helpful. Students receive seven credits for the Clinic: three for the seminar and four for the client work. Each component is graded separately. The CEC meets the New York Pro Bono requirement. 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

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 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

Students who have taken Federal Appellate Litigation Clinic I are eligible to enroll in Federal Appellate Litigation Clinic II by invitation of the professors. Faculty and invited students determine the number of credits (2-5) to be awarded.

• Type: Clinic

An intensive and critical examination of the role of federal courts in maintaining a constitutional order in the United States. Among the topics considered are justiciability, the power of Congress to control the jurisdiction of federal and state courts, Supreme Court review of state court decisions, federal habeas corpus for state prisoners, and suits challenging official action.

• Type: Upper Class

The practice/simulation course introduces students to the major categories of federal criminal investigations, to the law enforcement agencies that conduct these investigations, to the techniques they use, and to the front-line constitutional issues at stake. The course then turns to the role of the prosecutor, focusing on the critical strategic decisions made by assistant United States attorneys during grand jury investigations, plea negotiations, trial, and sentencing.

• Type: Practice Simulation

Professor Kaye's section: Learning to negotiate effectively involves negotiating, observing, critiquing, and consciously applying effective strategy and skill. This course introduces students to the science, the art, and the practice of negotiation through a sequenced series of simulation exercises, which students will perform inside and outside of class. Class sessions will be used, in part, for negotiations, debriefing results, and discussion. Course readings will include negotiation literature and theory that inform effective practice. Students will be evaluated based on some combination of class participation, negotiation exercises, and periodic reflection papers. Professor Kimball's section: Learning to negotiate effectively involves negotiating, observing, critiquing, and consciously applying effective strategy and skill. This course introduces students to the science, art, and practice of negotiation through readings, discussion, and simulated negotiation exercises performed inside and outside of class. Class sessions are used, in part, for negotiation exercises and debriefing about results. Readings will include negotiation literature and theory that inform effective practice, and application of ethical concepts and rules as they pertain to negotiations in particular, and more generally, to work with clients, other counsel and the courts. Students will write a research paper about an actual negotiation of their choice, applying negotiation concepts to such real world examples as mergers, acquisitions, labor disputes, settlements, treaties, and a variety of transactions and controversies.

• Type: Practice Simulation

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

Organized sports are governed by quasi-legal systems in the sense that formally promulgated rules enforced by impartial adjudicators and informal norms regulate behavior to achieve a complex set of objectives. This seminar will explore various rules and norms governing sports and related competitions, raising a rich array of questions that are both interesting for their own sake (if you enjoy sports) and are useful for analyzing similar issues underlying the domestic U.S. legal system. This is not a "sports law" seminar primarily exploring the regulation of sports by domestic law. Rather, this seminar explores "sports as law" and draws lessons from organized sports as legal systems in their own right. Examples of topics include: (1) How should competition be structured? For example, what is/are the goal(s) of competition, and what metrics should determine a winner? (2) How should the bounds of acceptable conduct be determined? For example, are certain non-prohibited tactical behaviors (e.g., deception or stalling) nonetheless "inappropriate" and worthy of condemnation? Are certain prohibited tactical behaviors (e.g., intentional fouls) nonetheless "appropriate" and considered "fair game"? (3) How and why should prohibited conduct be punished or sanctioned? Are those the same thing? (4) How should rules governing play be fashioned (e.g., based on players' mens rea components such as knowledge or intent vs strict liability; based on objective rules vs. subjective standards; based on behavior or outcomes (consider "no harm no foul"))? (5) What are appropriate rules or norms for officiating? When and how should officiating errors be correctable/appealable? Course requirements include regular attendance, a final paper, and periodic brief reaction-to-reading papers.

• Type: Seminar

Compensation at law for private wrongs and intentional wrongs as well as accidents, with principal emphasis on harms to person and property. Special areas such as product liability, defamation, or business torts will be treated selectively.

• Type: First Year Required