Course Catalog

Legal Practice: Fundamentals of Legal Writing and Analysis is the first component of a yearlong set of courses taken by all first-year students, in which students begin to develop the skills that are necessary to practicing law. This course, comprising the first half of the first semester, introduces students to the fundamental analytical and writing skills that they’ll continue developing over the rest of the Legal Practice course sequence. The timing and range of specific skills covered in LP Writing & Analysis differs from professor to professor, but students will be expected to prepare at least one extensive written assignment, learning to present objective written analysis of a legal problem to a client or a fellow attorney, and to persuade their reader that their analysis is complete and accurate. In doing so, students come to appreciate how a commitment to scrupulously thorough writing promotes analytic rigor. Via intensive critiques from their professors, students learn how constantly revising their work product makes their analysis more precise.

• Type: First Year Required

Corporations face a complex myriad of laws and regulations. Legal risk management is vital to any organization’s success. This course studies risk management and generally the elements of the enterprise risk management (ERM) process. Students will be introduced to the concept of risk and ERM; the history of ERM; identifying risk; various risk management techniques; conceptualizing, monitoring and analyzing risk management; and the governance and oversight of risk management. Among other tools, the class will utilize case study to expose students to the role of the corporation and management in crisis due to the failure of risk management. Learnings will touch upon the expectations of self-regulating organizations (SRO’s) and shareholders in corporate ERM. Study will include the role of corporate compliance as an element of risk, and the role of ERM in corporate strategy. Students will leave the class understanding how legal risk management is a part of corporate strategy and governance, and the lawyer’s role as gatekeeper and counselor.

• Type: Seminar

We live in an age of statutes, regulations, and administrative rules.
This seminar explores the distinctive legal and political problems and principles involved in the shift from common law to statutes as the source of law governing much modern American social and economic life.
While covering some basic issues like the legislative process and statutory interpretation, the seminar also intends to delve deeply into some of the interdisciplinary perspectives from history, political theory, and political economy that have recently done so much to shape and enliven this field of inquiry. Topics to be discussed include: the historical origins of parliamentarism, the rise of legislative regulation, the implementation of statutes in the administrative state, the problem of representation, and the significance of the legislature in modern democratic theory.

• Type: Seminar

In the modern regulatory state, the rules that most profoundly shape private conduct come not from the common law but, instead, from legislatures and agencies. This class will explore the lawmaking function of these institutions and the virtues and vices of administrative governance. Among other things, the class will cover: the nature of the legislative process; statutory interpretation; the justifications for regulatory intervention; regulatory tools and strategies; the allocation of authority between legislatures and agencies; the varied forms of agency decision-making; and judicial review of agency decisions. In offering a survey of public law, the course will introduce students to the essentials of both statutory interpretation and administrative law.

• Type: Upper Class

Students in the Low-Income Taxpayer Clinic (LITC) represent individuals with federal and state tax controversies through administrative advocacy and litigation in the United States Tax Court. Students can expect to gain exposure to a broad range of tax problems, both substantive and procedural, that will be valuable when working with clients of any income level in the future. Students also work with community organizations to provide information about tax issues and taxpayer rights and responsibilities to individuals who speak English as a second language.
The LITC is a 7 credit course and meets the New York Pro-Bono requirement. Students must enroll in the 4 credit clinic and the 3 credit seminar, taken concurrently. The 4 credit clinic and 3 credit seminar are mandatory graded and ineligible for letter grade conversion to pass (“P”) election.
The Clinic fulfills the Law School’s professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement.
The Clinic fulfills the Statutory or Regulatory Course Distribution Requirement for graduation applicable to JD students who matriculated in May 2016 and thereafter.

• Type: Clinic

Students in the Low-Income Taxpayer Clinic (LITC) represent individuals with federal and state tax controversies through administrative advocacy and litigation in the United States Tax Court. Students can expect to gain exposure to a broad range of tax problems, both substantive and procedural, that will be valuable when working with clients of any income level in the future. Students also work with community organizations to provide information about tax issues and taxpayer rights and responsibilities to individuals who speak English as a second language.
The LITC is a 7 credit course and meets the New York Pro-Bono requirement. Students must enroll in the 4 credit clinic and the 3 credit seminar, taken concurrently. The 4 credit clinic and 3 credit seminar are mandatory graded and ineligible for letter grade conversion to pass (“P”) election.
The Clinic fulfills the Law School’s professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement.
The Clinic fulfills the Statutory or Regulatory Course Distribution Requirement for graduation applicable to JD students who matriculated in May 2016 and thereafter.

• Type: Clinic

The Public Defender Training Institute is an intensive immersion into the world of indigent defense designed to train aspiring public defenders. The Institute kicks off in the fall semester with a three-day intensive retreat at the law school in the fall. During the fall semester, students learn about the role of the public defender, different kinds of public defender work, how public defenders differ from prosecutors and private defense attorneys, how to incorporate social science into their advocacy, how to address race and deal with implicit and explicit racial bias in the system, and how to handle the challenges that public defenders face (including excessive caseloads, secondary trauma, and ethical issues). They also learn effective pre-trial preparation with skills-based training on client interviewing, investigation, taking witness statements, obtaining discovery, storytelling and persuasion, preliminary hearings, and developing a theory of the case.

• Type: Practice Simulation

Mediation is a powerful, popular and oft-required dispute resolution process in which attorneys are frequently involved, whether they are serving as mediators in legal disputes or as advocates for their clients in the mediation process. In this experiential practicum, through simulated conflicts, role play and guidance from experienced mediators, you will act as both mediators and advocates for your clients in mediation. You will learn the ins-and-outs of the mediation process, and you will learn and utilize practical and effective mediation skills, strategies and techniques, including client preparation, management of difficult personalities, and effective oral and written mediation advocacy. This is a very interactive, hands-on course in which you will learn communication and conflict resolution skills that you will find useful, not only in your mediation practice, but in many areas beyond it.

• Type: Practice Simulation

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 fifteen-year history, it has achieved victories in 42 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. 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.
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 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 fifteen-year history, it has achieved victories in 42 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. 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.
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 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

Law 990 - This course offers students the opportunity to integrate practical experience in a legal setting outside the Law School with a Law School classroom experience. Each student will spend at least EIGHT (Section 1), TWELVE (Section 2), SIXTEEN (Section 3) or TWENTY (Section 4) hours per week working under the supervision of an attorney at a local non-profit, government agency, or court. Students may not receive any compensation for their work. Students will arrange their own placements, though interested students who need guidance about how to pursue a placement are welcome to make an appointment with the course professor, Amy Sankaran ([email protected]). Past placements have included the ACLU of Michigan, Family Law Project, Neighborhood Defender Service of Detroit, Magistrate, District, and Court of Appeals Judges, the Washtenaw County Prosecutor’s Office and Office of the Public Defender, and the Michigan Immigrant Rights Center, to name a few.

Part-Time Externship students will be co-enrolled in the Part-Time Externship Seminar (Law 991, 1 credit). Thus a student participating in the Part-Time Externship, Section 1 will receive 3 credits total, a student participating in the Part-Time Externship, Section 2 will receive 4 credits total, a student participating in the Part-Time Externship, Section 3 will receive 5 credits total, and a student participating in the Part-Time Externship, Section 4 will receive 6 credits total.

• Type: Externship

This contemporaneous, one-credit seminar is held every semester as a required companion to the Part-Time Externship (Law 990). For more information, please visit the course description for Law 990.

• Type: Externship

The Pediatric Advocacy Clinic (PAC) is one of the first medical-legal partnerships to be based in a law school setting. Through this partnership, students are able to reach families most in need of legal assistance and become part of an interdisciplinary team working to improve child health. Casework includes domestic violence and family law, special education, Medicaid appeals, and low-income housing conditions. Students in the clinic take “first chair” responsibility for their cases and are involved in all aspects of a case. They learn a range of advocacy skills, from preventive legal advocacy (focusing on identifying issues at an early stage and on developing creative, multidisciplinary approaches to addressing them) to traditional litigation skills in both administrative and trial court settings. The PAC is 7 credits (4 for the seminar and 3 for the clinic) and all credits are graded. The PAC 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.
For more information, please contact Debra Chopp ([email protected]).

• Type: Clinic

The Pediatric Advocacy Clinic (PAC) is one of the first medical-legal partnerships to be based in a law school setting. Through this partnership, students are able to reach families most in need of legal assistance and become part of an interdisciplinary team working to improve child health. Casework includes domestic violence and family law, special education, Medicaid appeals, and low-income housing conditions. Students in the clinic take “first chair” responsibility for their cases and are involved in all aspects of a case. They learn a range of advocacy skills, from preventive legal advocacy (focusing on identifying issues at an early stage and on developing creative, multidisciplinary approaches to addressing them) to traditional litigation skills in both administrative and trial court settings. The PAC is 7 credits (4 for the seminar and 3 for the clinic) and all credits are graded. The PAC 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.
For more information, please contact Debra Chopp ([email protected]).

• Type: Clinic

From our nation’s founding on, we have debated (and, at times, litigated) the appropriate balance of power among the executive (the President), legislative (Congress), and judicial (the courts) branches of government. Emerging issues in the 21st century have amplified those debates. Many of these debates appear to be attributable to Congress retreating from its historical policymaking role. In that legislative vacuum, recent Presidents, seemingly more often than in the past, have exerted policymaking initiatives through executive orders, agency action, and their discretion to enforce federal laws. And many of those presidential acts have been challenged in federal court, leaving the courts to resolve thorny legal issues with profound policy implications. The seminar will focus on the evolution of presidential power, with a focus on the 21st century. The course has three aims. The first is to familiarize students with historical aspects of presidential power. The second is to emphasize legal developments involving the President over the last 25 years. The third aim is more practical. Students will come away with a practical understanding of how the President receives legal advice, and how the Department of Justice represents the President (as well as other actors in the executive branch) in court.

• Type: Seminar

This practice/simulation course covers the legal and legal practice issues of the private equity business. It covers legal issues related to the formation and operation of private equity funds and their investments. It will focus on the process of the fund investing in typical private equity investments and on identifying and understanding the legal, contractual and other issues that arise in structuring, negotiating and documenting private equity transactions.

• Type: Practice Simulation

Pro Bono and BigLaw: Public Interest Work in Private Practice
This seminar will expose students to the real-world considerations related to large law firm pro bono practice in order to help them do pro bono work while being successful associates in their billable practice. The first session will introduce students to law firm economics and explore how the top law firms can run large pro bono programs and how this affects the firm’s bottom line. Students will learn about law firm pro bono policies, explore motivations to do pro bono, and learn how to navigate obstacles to pro bono. Finally, we will explore pro bono in practice, including balancing billable matters with pro bono matters, working with legal service organizations, and partnering with clients on pro bono. Students will be provided with reading materials, and leaders within the legal profession will appear as guest lecturers. Grades will primarily be based upon an assignment to interview law firm and public interest leaders and synthesize those conversations.

• Type: Seminar

This seminar will address a central topic in constitutional federalism: the nature and reach of congressional power. It is often said that the federal government is a government of enumerated powers. That statement is generally understood to mean that Congress can legislate only on the basis of specific authorizations in the constitutional text, and it is further conventionally understood that those authorizations enable Congress to do less than it could do with a grant of general legislative jurisdiction. In this seminar, we will confront a book-length treatment of the limits of this idea. Proceeding chapter by chapter through a work of scholarship in progress, students in the seminar will examine the early history of the idea of enumerated powers, judicial doctrine on the subject, and the role of enumerated powers within the structure of federalism. The seminar is an opportunity for students to be part of the final formation of a full-length scholarly critique of the enumerated-powers idea—a critique that suggests that on the best understanding of American constitutional law, Congress need not be limited by the enumeration of its powers. Students will be encouraged to criticize both the conventional view of the subject and the alternative on offer in the work in progress.

• Type: Seminar

Progressive Prosecution: Law and Policy
Although prosecuting attorneys have typically taken a “tough-on-crime” approach, a growing number of elected prosecutors from across the country are taking a “progressive” approach. These “progressive prosecutors” see their role as combatting overincarceration, eliminating racial and socioeconomic inequity, and changing a criminal legal system that too frequently exacerbates those inequities.
This course, co-taught by Washtenaw County Prosecuting Attorney Eli Savit and Chief Assistant Prosecuting Attorney Victoria Burton-Harris, will explore the theoretical underpinnings behind the “progressive prosecutor” movement; its promises and limitations; and the progress the movement has made over the past several years. During the latter part of the course, students will work on real-world research and writing projects that will be used by the Washtenaw County Prosecutor’s Office to move forward its progressive vision.

• Type: Practice Simulation

This foundational course surveys the law of property, which defines the interests, rights, and duties with respect to spaces and things that the law recognizes and protects. The course covers how property interests may be obtained, held, used, and transferred, as found in the law of possessory estates and future interests in land, concurrent estates, easements, covenants, personal property, bailments, intellectual property, conveyancing, adverse possession, nuisance, zoning and land-use, takings, and housing law. The concepts of property, possession, and ownership—and the consequences flowing from these concepts—will be constantly examined. The overall focus will be on how property law fundamentally structures the rights and duties between individuals in their interactions with the world, shaping our physical, social, and economic spaces.

• Type: Upper Class

Psychologically-Informed Lawyering will examine psychological issues that affect lawyers and the clients we serve in critically important and potentially determinative ways. Topics will include trauma (including historical, direct, and vicarious), mental health issues, substance abuse, public and private mental health services, challenges to well-being in the legal profession, and developing professional skills informed by these and other considerations. This class seeks to foster dialogue across practice areas, develop students’ understanding of and compassion for clients with psychological challenges, and enhance students ability to apply psychological knowledge to client representation. We will consider psychological factors at the individual, family, and societal/structural levels to develop a base of knowledge and skills more broadly applicable than in a single case or area of law.

• Type: Seminar

This workshop will engage legal scholarship in the areas of administrative law, constitutional law, and public law generally, focusing this year on executive power, the administrative state, and regulation in a time of radical doctrinal flux. Most class sessions will feature a visiting scholar presenting a work-in-progress. For the remaining class sessions, participants will read cases, scholarship, and other materials addressing the subject matter and discuss the materials in a standard seminar format. Students will be expected to write eight reflection papers (3-4 pages each) over the course of the semester and to participate actively in discussion each week. Sessions with speakers are open to the academic community at large.

• Type: Seminar