Law

Spring 2019 Course Offerings

1L Courses

Class Number: 49723

Instructor: Michael Solimine

Description: 

This course continues issues first explored in Civil Procedure I. It opens with joinder of parties in multi-party actions, interpleader, class actions and intervention. Modern discovery procedures, the trial process, and post-trial motions are considered. The course ends with procedures governing appeals, alternative dispute resolution, and the effect of res judicata and collateral estoppels by judgment in prior litigation. Prerequisite: Civil Procedure I.

Class Number: 49732

Instructor: Elizabeth Lenhart

Description:

This course continues issues first explored in Civil Procedure I. It opens with joinder of parties in multi-party actions, interpleader, class actions and intervention. Modern discovery procedures, the trial process, and post-trial motions are considered. The course ends with procedures governing appeals, alternative dispute resolution, and the effect of res judicata and collateral estoppels by judgment in prior litigation. Prerequisite: Civil Procedure I.

Class Number: 49736

Instructor: Kimberly Breedon

Description: 

This required course covers individual rights and freedoms, including the incorporation of the Bill of Rights as against the States, freedom of speech and religion, due process, economic and personal liberties and state action. Prerequisite: Constitutional Law I.

Class Number: 49741

Instructor: Kimberly Breedon

Description:

This required course covers individual rights and freedoms, including the incorporation of the Bill of Rights as against the States, freedom of speech and religion, due process, economic and personal liberties and state action. Prerequisite: Constitutional Law I.

Class Number: 49893

Instructor: Mark Godsey

Description: 

This course deals with substantive criminal law, although its focus is on the various principles that apply to all crimes rather than on the elements of specific crimes. Homicidal crimes are given separate attention, however. The various defenses, including insanity, are reviewed.

Class Number: 49894

Instructor: Janet Moore

Description: 

This course deals with substantive criminal law, although its focus is on the various principles that apply to all crimes rather than on the elements of specific crimes. Homicidal crimes are given separate attention, however. The various defenses, including insanity, are reviewed.

Class Number: 49895

Instructor: Michele Bradley

Course Description:

The course is structured as a simulated law firm with students working on a case file to develop and apply advocacy skills. Students study and write one or more persuasive briefs to a court. The course culminates with students arguing a motion before a simulated judge. Students also continue their work on legal research and professionalism. Primary Basis for the Grade: Simulated legal work including writing briefs, performing legal research, presenting oral arguments, and demonstrating professional growth. Prerequisite: Lawyering I: Legal Research & Writing.

Class Number: 49896

Instructor: Elizabeth McCord

Course Description:

The course is structured as a simulated law firm with students working on a case file to develop and apply advocacy skills. Students study and write one or more persuasive briefs to a court. The course culminates with students arguing a motion before a simulated judge. Students also continue their work on legal research and professionalism. Primary Basis for the Grade: Simulated legal work including writing briefs, performing legal research, presenting oral arguments, and demonstrating professional growth. Prerequisite: Lawyering I: Legal Research & Writing.

Class Number: 49897

Instructor: Nancy Oliver

Course Description:

The course is structured as a simulated law firm with students working on a case file to develop and apply advocacy skills. Students study and write one or more persuasive briefs to a court. The course culminates with students arguing a motion before a simulated judge. Students also continue their work on legal research and professionalism. Primary Basis for the Grade: Simulated legal work including writing briefs, performing legal research, presenting oral arguments, and demonstrating professional growth. Prerequisite: Lawyering I: Legal Research & Writing.

Class Number: 49898

Instructor: Elizabeth Lenhart

Course Description:

The course is structured as a simulated law firm with students working on a case file to develop and apply advocacy skills. Students study and write one or more persuasive briefs to a court. The course culminates with students arguing a motion before a simulated judge. Students also continue their work on legal research and professionalism. Primary Basis for the Grade: Simulated legal work including writing briefs, performing legal research, presenting oral arguments, and demonstrating professional growth. Prerequisite: Lawyering I: Legal Research & Writing.

Class Number: 49899

Instructor: Nancy Oliver

Course Description:

The course is structured as a simulated law firm with students working on a case file to develop and apply advocacy skills. Students study and write one or more persuasive briefs to a court. The course culminates with students arguing a motion before a simulated judge. Students also continue their work on legal research and professionalism. Primary Basis for the Grade: Simulated legal work including writing briefs, performing legal research, presenting oral arguments, and demonstrating professional growth. Prerequisite: Lawyering I: Legal Research & Writing.

Class Number: 49902

Instructor: Michele Bradley

Course Description:

The course is structured as a simulated law firm with students working on a case file to develop and apply advocacy skills. Students study and write one or more persuasive briefs to a court. The course culminates with students arguing a motion before a simulated judge. Students also continue their work on legal research and professionalism. Primary Basis for the Grade: Simulated legal work including writing briefs, performing legal research, presenting oral arguments, and demonstrating professional growth. Prerequisite: Lawyering I: Legal Research & Writing.

Class Number: 49903

Instructor: Yolanda Vazquez

Description:

This course surveys the varieties of property interests and relations available in Anglo-American law, with an emphasis on tracing their development and evolution in modern American society. Discussion usually covers adverse possession, the traditional estates in land, future interests, landlord-tenant law, concurrent ownership, land use regulation and eminent domain, and easements and other servitudes.

Class Number: 49904

Instructor: Lin Bai

Description:

This course surveys the varieties of property interests and relations available in Anglo-American law, with an emphasis on tracing their development and evolution in modern American society. Discussion usually covers adverse possession, the traditional estates in land, future interests, landlord-tenant law, concurrent ownership, land use regulation and eminent domain, and easements and other servitudes.

Upper Level Courses

Class Number: 50140

Instructor: Bradford Mank

Description: 

Government agencies increasingly regulate the marketplace, health and safety, and provide basic services. This course explores the constitutional powers and limitations on agency action, judicial review of agencies, and the procedures with which agencies must comply in regulating or providing benefits.

Class Number: 50386

Instructor: Alexander Kayne

Description:

This course is designed to provide a further understanding of health law concepts beyond those introduced in the basic health law course.  The syllabus is organized around the varying components of the health care industry and where the industry connects with our government and the end consumers of healthcare, individual patients. Our class will study the laws that effect and come in contact with these three constituencies.  Topics will include laws that impact physicians and patients, pharmaceutical companies, pharmacies, contract research organizations, group purchasing organizations, government and commercial payers and pharmacy benefit managers.  Attention will also be given to the affordable care act.

Students in this course will learn advanced health law topics and be able to demonstrate their knowledge of such topics.  Additionally, students will be able to identify the potential legal conflicts that may arise within the health care system.  Guest lecturers will include in-house counsel and executives from the healthcare industry.

Class Number: 50141

Instructors: Susan Boland, Kenneth Hirsh, Ronald Jones

Description:

This course builds upon the basic research skills and techniques learned in the required Lawyering I course. Its problem-solving approach gives students practical research experience that will enhance their understanding of legal literature and legal research principles. Students will learn to assess and respond strategically to legal research problems using available resources in print and digital formats.Focus is on researching United States federal and state law.  Multiple weekly assignments give students practical research experience and a foundation for learning research techniques and principles.  In addition, each student is assigned a specific research problem that serves as the subject of a 20-minute class presentation. Recommended for all students, particularly those who plan to practice or pursue judicial clerkships.

Class Number: 50142

Instructor: Felix Chang

Description:

This course covers basic legal antitrust concepts, including the economic foundations and justifications for antitrust law and the analysis of business practices or ventures that may violate federal antitrust law by reducing competition or trending toward monopolization.  It includes consideration of the Sherman Act, the Robinson-Patman Act, the Clayton Act, and the Federal Trade Commission Act, as well as the decades of case law interpreting and applying them.  This class is useful for students interested in criminal law and business law, including those interested in business operations and/or mergers and acquisitions.

Class Number: 50478

Instructor: Grace Lemasters

Description: 

This course will provide you with the fundamentals of asylum and refugee law in the United States, the policies underlying asylum and refugee law, and the federal agencies that implement and enforce those policies. The course will trace the history and development of the United Nations 1951 Refugee Convention, the 1967 Protocol, and the U.S. Refugee Act of 1980. Students will become familiar with the key actors in the asylum and refugee law arena, including the United Nations High Commission for Refugees, the U.S. Congress, the Departments of Homeland Security and Justice, and the federal courts. Students will gain an understanding of the refugee definition as interpreted in the U.S. The course will address the limits of refugee law and will assess the current asylum system from both a practitioner’s and a policy perspective – contextualizing asylum law within the need for international and domestic policymakers alike to meet obligations under international conventions while maintaining national security, including addressing the challenges of terrorism and transnational crime.

Class Number: 50162

Instructor: Kristin Kalsem

Description:

This course offers an introduction to the Bankruptcy Code. The course begins with brief coverage of non-bankruptcy debt collection; however, it primarily focuses on the basics of bankruptcy proceedings by consumer and business debtors under Chapters 7, 11, and 13 of the Bankruptcy Code. Topics covered include the creation of a bankruptcy estate, exemptions, the automatic stay, the trustee's avoidance powers, adequate protection, and executory contracts.

Class Number: 50163

Instructor: Felix Chang

Description:

This course covers major topics in the law of agency, partnerships, limited partnerships, limited liability companies and corporations, as well as selected aspects of the federal securities laws.

Class Number: 51224

Instructor: Sean Mangan

Description: 

Virtually all forms of legal practice require a basic understanding of fundamental business concepts. This course is designed to help students gain a basic understanding of accounting and finance principles as well as general business concepts. We will cover topics such as reading financial statements, understanding cash flow, accounting requirements, and investment principles.

Class Number: 50164

Instructor: Stephanie McMahon

Description:

This course will cover the fundamentals of the federal income tax as it applies to businesses. Its focus will be on the tax treatment of the most common business entities: C corporations, partnerships, and S corporations. This course is intended to provide a basic understanding of these entities’ most frequent tax issues for those interested either in a career in tax law or representing business entities more generally.

Class Number: 50188 (Aaron)/ 50169 (Mangan)

Instructor: Marjorie Aaron/Sean Mangan

Description: 

In this course, students consider the lawyer-client relationship in the context of realistic scenarios, examining the basic strategies and skills a lawyer must master in the lawyer-client relationship. Students will practice and demonstrate the skills of effective client communication and practice management. The instruction and simulations will be set in the business transaction context.

Class Number: 50191

Instructor: Robert Behlen

Description:

This course will introduce students to Computer Crime Law.  Areas of coverage include:  computer misuse crimes, traditional crimes, sentencing issues, the Fourth Amendment, statutory privacy protections, jurisdiction, and national security.  The course will also cover techniques used in computer crime investigations.

Class Number: 50193

Instructor: Timothy Armstrong

Description: 

This course examines copyright law in detail, with particular focus on the Copyright Act of 1976, its history, and its ability to respond to recent developments in technology. Copyright law offers protection for works considered to be within the "fine arts" (music, paintings, photographs, sculpture) and "literature" (books, stories, plays) as well as more mundane works, including commercial, i.e., applied art and even data directories. Copyright also covers architectural works and works reliant on technology, such as computer software. Students will gain an understanding of copyright law generally, as well as an understanding of how that law might apply to emerging technologies.

Class Number: 50247

Instructor: Louis Bilionis

Description: 

This introductory course deals with the constitutional aspects of various police practices, focusing primarily on the Fourth, Fifth, and Sixth Amendments to the US Constitution. The course specifically addresses the right to counsel; arrest, search and seizure; wiretapping, electronic eavesdropping and the use of secret agents; police interrogation and confession; and the scope and administration of the exclusionary rules.

Class Number: 51222

Instructor: Yolanda Vazquez

Description: 

This course covers the basic rules for post-arrest criminal litigation. Sources include constitutions, statutes and court rules, ethical codes, performance standards, research data, and appellate decisions interpreting these primary materials. Topics include the right to counsel; charging decisions; pretrial detention; discovery and investigation; plea bargaining; speedy trial and double jeopardy; jury selection; additional trial rights, including compulsory process and confrontation of witnesses; sentencing; and appeal/post-conviction procedures. The goal is clear understanding of the rules, their underlying theories, and their real-world consequences.

Class Number: 50251

Instructor: Emily Houh

Description: 

This course explores the foundations and central tenets of Critical Race Theory (“CRT”), a scholarly movement that emerged in the 1980s as an “offshoot” of Critical Legal Studies (“CLS”).  Since then, CRT has developed into an expansive and diverse field of scholarship in its own right.  Most, however, would characterize CRT as centrally concerned with 1) using critiques of liberalism and colorblind ideology to expose how racism (and, particularly, white supremacy) is structurally and discursively embedded in and perpetuated by the law, and 2) generating and applying more inclusive and liberatory modes of legal analysis, such as intersectionality, to effect lasting social change.  CRT scholars committed to these central concerns over the past 30 years have produced a diverse range of robust CRT spinoffs, such as LatCrit, QueerCrit, AsianCrit, and ClassCrits (and, to be certain, several other “—Crits”); in fact, since its inception CRT has arguably overtaken CLS within the legal academy.  CRT’s interdisciplinary reach and impact during the past three decades likewise cannot be overstated, as it has been widely influential across many fields, including (but not limited to) education theory, sociology, anthropology, psychology, and American studies.   

The course will begin with an exploration of CRT’s origins in Critical Legal Studies, as well as an introduction to “racial formation theory,” which was contemporaneously introduced in the mid 1980s in the fields of sociology and ethnic studies.  Following the introductory study of CRT’s origins and key aspects of racial formation theory, several weeks will be spent reading and discussing foundational CRT texts, primarily comprising “first generation” works (in their full and unedited forms) from 1976-1993, as well as a few later writings.  After mastering CRT foundations, the course will move on to the more difficult question of CRT “praxis.”  That is, how can CRT insights be used to engage more effectively in social justice advocacy and lawyering?  How does one navigate the difficult terrain between CRT praxis and conventional legal practices, both as a student and as a lawyer?  Students will spend the last weeks of the semester engaged in small-group projects in which they will use CRT modes of analysis to explore these questions in a contemporary context; projects will be presented to the entire class at the end of the semester.

Class Number: 51232

Instructor: TBD

Description: 

As part of collaboration with the Legal Aid Society of Cincinnati, students act as advocates for victims of domestic violence. Second-year students, who cannot be licensed as legal interns in Ohio, participate in interviewing, case preparation, and other aspects of clinic work. Students might participate as domestic violence advocates in other ways as well. For example, students conducted research and assisted in writing an amicus brief filed with the United States Supreme Court in Abbott v. Abbott, involving custody rights. In addition, when the YWCA shelter was threatened with loss of funding, two clinic students testified before the Cincinnati City Council, which voted to restore funding.

Class Number: 51233

Instructor: TBD

Description:

2L Domestic Violence & Civil Protection Order Field Placement. You must also enroll concurrently in the 2L DV&CPO Class (IRTS 7039).

Class Number: 51235

Instructor: TBD

Description:

3L Domestic Violence & Civil Protection Order Clinic Field Placement. You must register concurrently in 3L DV&CPO Class (IRTS 7037).

Class Number: 51234

Instructor: TBD

Description: 

Third-year law students, with a legal intern license, advocate for survivors of domestic violence in a variety of settings. As part of a collaboration with the Legal Aid Society of Cincinnati, students represent clients from the initial interview through trial. Students also represent clients in post-trial matters when necessary to accomplish an equitable result. For example, students have filed objections to decisions and drafted, filed, and argued contempt and other post-trial motions. Students also draft briefs when cases are appealed to the First Appellate District Court and, when an argument is scheduled during the academic year, a student argues the case. Students might participate as domestic violence advocates in other ways as well. For example, students conducted research and assisted in writing an amicus brief filed with the United States Supreme Court in Abbott v. Abbott, involving custody rights. In addition, when the YWCA shelter was threatened with loss of funding, two clinic students testified before the Cincinnati City Council, which voted to restore funding.

Class Number: 51612

Instructor: Micahel Solimine

Description: 

The goal of this course is to introduce students to the legal underpinnings of today’s democratic politics, the historical struggle over the structure of democratic institutions, and the practical consequences that follow from different institutional arrangements.  As time allows, students will examine the history, law, and contemporary legal and policy debates regarding the individual right to vote, the districting and apportionment process (including partisan and racial gerrymandering), and the financing of campaigns and independent expenditures.  

Class Number: 50388

Instructors: Thomas Allman, Scott Kane

Description: 

Electronic discovery plays an important and increasingly high-profile role in modern litigation. This course will provide a comprehensive study of electronic discovery issues, blending an in-depth analysis of legal principles with the study of their application in practice. No special technological background or expertise is necessary for success in the class. In addition to the professors (a litigation partner who leads the ediscovery practice at an international law firm and a former general counsel of a Fortune 500 company who is the chair emeritus of The Sedona Conference), class instruction will include presentations by guest speakers from the ediscovery field (in-house counsel, technology professionals, and judges). The goal for the class is to provide students with a thorough understanding of legal issues in ediscovery and, for those who may pursue a litigation practice, the practical ability to apply that understanding in actual cases.

Class Number: 51226

Instructor: Ann Hubbard

Description:

This course surveys the major legislative and executive provisions prohibiting various types of discrimination in employment. Discrimination is considered in the context of hiring, promotion, discharge, benefits, conditions, and the like. Consideration is also given to the procedures applicable to employment discrimination cases.

Class Number: 50269

Instructor: Joseph Tomain

Description:

Climate change is clearly an environmental problem and environmental law and lawyers are front and center in addressing this matter.  This course, though, comes at climate change from a different angle – the relationship between energy law & policy and climate change.  Before we can fully understand any climate change proposal we must understand the traditional assumptions underlying energy policy and then understand that that policy must be replaced with a new set of assumptions.  We must also understand the policy making process in order to assess the likelihood of any climate change proposal being adopted.

This class will introduce you to the regulatory process and the model of government regulation, and introduce you to the assumptions which have led to an energy policy which is over a century old and to the need for adopting a new set of assumptions which are more responsive to the energy and environmental needs of the 21st century.  We will also explore the relationship between government and markets.  Whether you practice corporate law, environmental law, labor & employment law, or even something as local as zoning and planning law, you will confront government regulation in your law practices.  The take away value of the course, then, is to understand the relationship between government and markets because these two spheres of daily life are inextricably intertwined and they are unavoidable in the practice of law (or business or politics for that matter.)

Any response to climate change must address energy policy past, present, and future.  This class will examine the development of traditional US energy policy, criticize the assumptions on which it is based, and will offer alternative assumptions upon which an environmentally sensitive future energy policy can be developed.   Additionally, the course will explore energy technology innovations and innovation policy.

Class Number: 50259

Instructor: Lewis Goldfarb

Description: 

Open to 3L’s only. Enrollment is limited to 8-10 students selected by the instructor. No later than the first day of class, students must have a “legal intern certificate” from the Office of Bar Admissions of the Supreme Court of Ohio. In this course, students will staff the Entrepreneurship and Community Development Clinic (ECDC), obtaining “hands on” experience representing local businesses and entrepreneurs on transactional legal issues critical to their success, including assistance and counseling on entity selection and formation; regulatory compliance and licensing; trademark/copyright protection; lease review and negotiation; contract preparation/review/negotiation; tax - exempt applications; and other legal issues confronting small businesses, both for-profit and nonprofit. Students also will learn how a small law office operates, including procedures for client intake, file maintenance, project tracking, timekeeping, and scheduling. In addition to attending the weekly class, students will be expected to spend approximately10-12 hours per week on their clinic work, with a minimum of 4 of those hours spent working in the clinic offices, located at the law school and the Hamilton County Business Center. The ECDC will represent primarily clients of limited financial means who cannot afford the services of the private bar and will not represent clients in litigation

Class Number: 50266

Instructor: Lewis Goldfarb

Description: 

Entrepreneurship & Community Development Clinic Field Placement. Students will also be concurrently enrolled in BCL7038.

Class Number: 50273

Instructors: Mark Noel, Maria Moyer

Description:

This course explores tax, non-tax and Medicaid aspects of planning for the transfer of family wealth. The primary tax planning focus of the course is developed through study of the use of various techniques, including transfers between spouses, lifetime gifts (particularly gifts to children), charitable gifts, intra-family transfers and life insurance. Non-tax issues considered include the role, duties and ethical obligations of the attorney, as well as the use of durable powers of attorney and living wills. Medicaid issues considered include the desirability of planning to ensure that the government, rather than the family, is financially responsible for a parent or grandparent's nursing home care, as well as specific planning techniques to achieve this result.

Class Number: 50279

Instructor: Janet Moore

Description:

The goal of this course is for students to know and be able to apply (1) the Federal Rules of Evidence governing relevance, unfair prejudice, character evidence, impeachment, hearsay, and opinion testimony; (2) the rules as they intersect with a few constitutional provisions, such as the Sixth Amendment confrontation right; and (3) some housekeeping rules, such as Rules 102-105, 201, 611, and the Best Evidence rule.

Class Number: 51227

Instructor: TBD

Description: 

Primary focus is on the relationship between law and the family in the context of the creation, maintenance and restructuring of domestic relations. Special attention is given to the nature of marriage, separation, divorce, dissolution, support, alimony, and child custody.

Class Number: 50351

Instructor: Marc Levey

Description: 

Federal Tax Practice and Procedure provides students a detailed understanding of how to handle federal tax controversies. The course covers the nuances and processes of an audit, the effective use and strategies of the various administrative dispute resolution vehicles, and the preparation, procedures and strategies of tax litigation and appeals. Also to be covered are Advance Pricing Agreements (APAs), Mutual Agreement Procedures (MAPs), Arbitration, and Multi-Country Tax Audits.

Class Number: 51461

Instructor: Janet Moore

Description:

Editor Position: By permission of instructor.

Class Number: 51459

Instructor: Janet Moore

Description: 

The Freedom Center Journal of Law and History engages its readership on issues historically driving African-American intellectual thought while challenging its student membership to fully develop their individual talents to compete on terms of academic equality in an international society governed by law and legal institutions.

Class Number: 50295

Instructor: Bert Lockwood

Description: 

Editor Position: By permission of Instructor. Participating students engage in the selection and editing of articles for publication in the University of Cincinnati Human Rights Quarterly. Human Rights Quarterly Staff only.

Class Number: 50292

Instructor: Bert Lockwood

Description:

Participating students engage in the selection and editing of articles for publication in the University of Cincinnati Human Rights Quarterly. Human Rights Quarterly Staff only.

Class Number: 50292

Instructor: Bert Lockwood

Description:

This course examines the development of human rights and the substantive principles and practices of human rights as set forth in the Universal Declaration of Human Rights and other instruments. This course also reviews the regional and international procedures for the implementation of human rights.

Class Number: 50297

Instructor: Yolanda Vazquez

Description:

Participating students engage in selection and preparation of articles for publication in the Review. Students also write notes and comments for publication in the Review.

Class Number: 50298

Instructor: Yolanda Vazquez

Description:

Editor-in-Chief; by permission of Instructor.

Class Number: 50299

Instructor: Sean Vicente

Description: 

Through the Office of the Hamilton County Public Defender, students provide representation to indigent criminal defendants in misdemeanor cases. Each student is closely supervised by a licensed attorney and handles all aspects of the case, from the initial client interview and investigation to motions practice and trial advocacy. During the year-long program, students must commit 15 hours each week to the clinic, including participation in a weekly classroom components.

Class Number: 50301

Instructor: Sean Vicente

Description:

Concurrent enrollment required in LITG 7051 as well as the full-year.

Class Number: 50315

Description: 

Under the direct supervision of a member of the faculty, upper level students engage in original research and prepare for credit a substantial work product. The research project is selected jointly by the student and faculty member. Customarily, the final product will be a research paper, and, in that case, the paper must be 10-15 pages long. The student must both register for the course and present a completed contract by the last day of the drop/add period. Contracts must be turned in on time or students will be dropped from the class. You are limited to five total credits of individual writing per academic year. Credits cannot be adjusted after the add/drop period.

Class Number: 50316

Description:

Under the direct supervision of a member of the faculty, upper level students engage in original research and prepare for credit a substantial work product. The research project is selected jointly by the student and faculty member. Customarily, the final product will be a research paper, and, in that case, the paper must be 20-30 pages long for two credits. The student must both register for the course and present a completed contract by the last day of the drop/add period. Contracts must be turned in on time or students will be dropped from the class. You are limited to five total credits of individual writing per academic year. Credits cannot be adjusted after the add/drop period.

Class Number: 50317

Description:

Under the direct supervision of a member of the faculty, upper level students engage in original research and prepare for credit a substantial work product. The research project is selected jointly by the student and faculty member. Customarily, the final product will be a research paper, and, in that case, the paper must be 35-50 pages long for three credits. The student must both register for the course and present a completed contract by the last day of the drop/add period. Contracts must be turned in on time or students will be dropped from the class. You are limited to five total credits of individual writing per academic year. Credits cannot be adjusted after the add/drop period.

Class Number: 50303

Instructors: Jennifer Bergeron, Donald Caster, Mark Godsey, Brian Howe

Description: 

The Ohio Innocence Project (OIP), a part of the Rosenthal Institute for Justice, harnesses the energy and intellect of students to identify inmates in Ohio prisons who are innocent of the crimes they were convicted of committing. Innocence is often determined by DNA testing, but can include other types of new evidence such as new witnesses, new expert testimony, or evidence of police misconduct. Once an inmate's innocence has been established through investigation, the OIP sends the case back to court and litigates in the hope of obtaining the inmate's freedom. Students have a one-year commitment; this is the third and final component.

Class Number: 50723

Instructor: Laurie Briggs

Description: 

This course provides an overview of the U.S. insurance industry and its regulation. Specifically, we will learn what insurance is, how insurance is developed and sold, and the history, purpose and scope of insurance regulation. We’ll apply insurance regulations to common insurance activities and events and consider how we help our clients meet regulatory requirements. We’ll demystify life insurance, annuity, and property/casualty product terminology and explore the continuing evolution of insurance consumer protections applicable to those products. We’ll identify common areas of regulatory non-compliance, enforcement tools available to regulators, and ways insurers, agents and brokers can resolve regulatory problems. We’ll focus on concepts and issues most commonly arising in both claims and non-claims litigation and learn basic principles of insurance policy interpretation.

Class Number: 50306

Instructor: Timothy Armstrong

Description: 

The Intellectual Property and Computer Law Journal is dedicated to furthering knowledge associated with the research and practice of intellectual property law, computer law, and related fields concerning domestic and international media and telecommunications policy. The Journal will be published online. The Registrar will enroll students selected to participate in the necessary class through the registration system.

Class Number: 50307

Instructor: Timothy Armstrong

Description: 

The Intellectual Property and Computer Law Journal is dedicated to furthering knowledge associated with the research and practice of intellectual property law, computer law, and related fields concerning domestic and international media and telecommunications policy. The Journal will be published online. The Registrar will enroll students selected to participate in the necessary class through the registration system.

Class Number: 50308

Instructor: Timothy Armstrong

Description: 

The Intellectual Property and Computer Law Journal is dedicated to furthering knowledge associated with the research and practice of intellectual property law, computer law, and related fields concerning domestic and international media and telecommunications policy.  The Journal will be published online.  The Registrar will enroll students selected to participate in the necessary class through the registration system.

Class Number: 50309

Instructor: Timothy Armstrong

Description: 

The Intellectual Property and Computer Law Journal is dedicated to furthering knowledge associated with the research and practice of intellectual property law, computer law, and related fields concerning domestic and international media and telecommunications policy.  The Journal will be published online.  The Registrar will enroll students selected to participate in the necessary class through the registration system.

Class Number: 50304

Instructor: Jacob Cogan

Description: 

This course is intended to prepare students to represent clients in a variety of business transactions that contain international elements. The emphasis is on the formation and enforcement of agreements between private commercial parties and on the anticipation and recognition of issues that are peculiar to, or are especially prevalent in, international business. The course follows a sequence of increasingly complex transactions, from the isolated purchase and sale of goods, to sales through agents and distributors, license and franchise agreements, and foreign direct investment. Topics include: the formation of the basic commercial transaction; financing the international sale of goods; agency and distributorships; licensing of intellectual property; establishing and operating a foreign investment; prohibitions on corrupt payments; and dispute settlement. Although discussed in summary, the international regulation of national trade laws, through the WTO and regional agreements such as the NAFTA, is the subject of a separate course on International Trade.

Class Number: 50305

Instructor: Timothy Armstrong

Description: 

This advanced doctrinal course will consider the global aspects of protecting all the human creations that fall under the general rubric of intellectual property from creative or expressive works, to useful inventions, to corporate brands and confidential information. The perspective is both international and comparative that is, we will study both the “internal” intellectual property systems of foreign nations as well as the “external” regime that governs interactions between nations in the intellectual property domain. Students have likely already come to appreciate, during their prior study of intellectual property law, the roles that powerful and self-interested private actors play in the formulation and enforcement of intellectual property rules. The international perspective adds complexity to this picture by introducing new actors—including sovereign governments and international organizations—that may have very different opinions and institutional interests regarding both the substantive legal rules of intellectual property law and the overarching principles those rules are meant to foster. The uses (and misuses) of intellectual property law as a tool to advance the economic interests of one nation or group of nations vis-à-vis other nations’ interests will be considered in some depth, as will the effects of the international intellectual property regime on other pressing international concerns such as global health and the unique needs of developing nations. Prerequisite: Students are required to have taken either Introduction to Intellectual Property Law, or else any two of the three substantive doctrinal courses in intellectual property (Copyright Law, Patent Law, and Trademarks and Unfair Competition). Contemporaneous registration for the prerequisite courses is acceptable.

Class Number: 51294

Instructor: Jacob Cogan

Description: 

The purpose of this course is to examine the U.S. taxation of transactions undertaken by foreign individuals or entities in the United States, as well as the U.S. taxation of transactions undertaken by U.S. individuals or entities abroad. The former – foreign individuals or entities coming here – are referred to as inbound transactions, and the latter – U.S. individuals or entities going abroad – are referred to as outbound transactions.

Class Number: 50946

Instructors: John Bennett, Paul Linden

Description: 

The goal of this course is to introduce students to the work new lawyers practicing in the area of intellectual property are likely to encounter in private practice or in the corporate setting. This course will focus on many areas of intellectual property including patents, trademarks, copyrights, and trade secrets and will include discussions and projects related to these IP topics. Some projects might include work on handling of confidential information, joint development issues, and due diligence reviews. This course may also address numerous other practical IP issues such as recognition of your client’s IP rights, understanding how to protect those IP rights, and advising clients with respect to enforcement of IP rights.

Class Number: 50313

Instructor: Christine Szydlowski

Description: 

The classroom component of this course covers an analysis of the methods of selecting judges, speech and money-raising aspects of judicial campaigns, the federal confirmation process, and issues of judicial bias and recusal and behavior on and off the bench. The work performed in the judicial extern field placement is essentially the same as that performed by a law clerk to a judge. It usually involves preparing memoranda on cases, reviewing case files, drafting opinions and orders, and attending court and conferences. The precise tasks performed, however, depend upon the type of court and the style of the judge. SPECIAL NOTES: Concurrent enrollment in Judicial Extern Class and Field placement required. See special memo regarding Judicial Extern Program on website. Complete separate Judicial Extern Preference Form and include transcript and resume. Materials must be submitted to the Registrar by designated due date. Students may not enroll concurrently in Extern programs. May only take Judicial Externship once. Usually offered every semester.

Class Number: 50314

Instructor: Christine Szydlowski

Description: 

Concurrent enrollment in Judicial Extern Class is required.

Class Number: 51033

Instructors: Andrew Garth, Marion Haynes

Description:

Critical consideration and discussion of the federal, state, and regulatory framework applicable to land use controls, including the origins and contemporary application of law and policies concerning land use planning, zoning, historic preservation, eminent domain, transportation-oriented development, inclusionary housing, environmental review, the interaction of those laws with private property rights, and the legislative and administrative settings within which land use disputes are fought.   

Class Number: 50321

Instructor: Elizabeth S. (Betsy) Malloy

Description:

Participating students engage in the selection and editing of articles for publication in the University of Cincinnati Law Review.  Some students also write notes and comments for publication in the Review or blog.  Students must participate in a competition and be selected to participate. 

Class Number: 50322

Instructor: Elizabeth S. (Betsy) Malloy

Description:

Participating students engage in the selection and editing of articles for publication in the University of Cincinnati Law Review.  Some students also write notes and comments for publication in the Review or blog.  Students must participate in a competition and be selected to participate.  

Class Number: 50323

Instructor: Elizabeth S. (Betsy) Malloy

Description:

Participating students engage in the selection and editing of articles for publication in the University of Cincinnati Law Review.  Some students also write notes and comments for publication in the Review or blog.  Students must participate in a competition and be selected to participate.  

Class Number: 50324

Instructor: Elizabeth S. (Betsy) Malloy

Description:

Participating students engage in the selection and editing of articles for publication in the University of Cincinnati Law Review.  Some students also write notes and comments for publication in the Review or blog.  Students must participate in a competition and be selected to participate.  

Class Number: 50319

Instructor: Megan Okun

Description:

This course will provide a comprehensive view of nonprofit organizations. The course will examine all phases of the life cycle of a nonprofit organization - from creation to dissolution. This course will also cover why and how nonprofit organizations seek tax exempt status.

Class Number: 51292

Instructor: Kristin Kalsem

Description: 

This course focuses on legal and literary language and narratives. Specifically, students will examine various literary texts that "perform feminist jurisprudence" by providing a forum for the expression of women's stories and experiences that the law may fail to take into account or consider irrelevant. Students will read several novels, short stories, essays, and poems written by authors of different eras, races, ethnicities, genders, classes, and sexual orientations. Students also will read related statutes, court opinions, and critical articles that help them dialogue on the multiple and possible meanings of feminist jurisprudence.

Class Number: 50325

Instructor: Joel Chanvisanuruk

Description: 

This course serves the dual purpose of equipping students to succeed on the written portions of bar examinations and preparing for legal practice by developing and honing skills relevant to legal analysis, professional and effective written communication, principled advocacy, and management of legal work. Students will receive instruction, practice, critical peer review, and coaching in these skills that will be valuable in taking a bar examination in Ohio or any other jurisdiction. Students will practice these skills using model and previously-administered essays and Multistate Performance Tests (MPTs). Students will also engage in self-assessment exercises addressing learning styles and time/work management issues. Although students will have an opportunity to review some core legal concepts, the focus of this course will be on practicing and developing the professional skills necessary to pass a bar examination and enter the legal profession. This course is not intended to substitute for a bar preparation course taken after Hooding that can help students review core concepts learned throughout law school and learn legal concepts not studied in law school and specific to the jurisdiction in which students wish to practice. Instead, this course will build a strong foundation in the skills necessary to be successful on a bar exam.

Class Number: 50338

Instructor: Joel Chanvisanuruk

Description:

This course serves the dual purpose of equipping students to succeed on the written portions of bar examinations and preparing for legal practice by developing and honing skills relevant to legal analysis, professional and effective written communication, principled advocacy, and management of legal work.  Students will receive instruction, practice, critical peer review, and coaching in these skills that will be valuable in taking a Uniform Bar Exam.  Students will practice these skills using model and previously-administered essays from the Multistate Essay Exam (MEE) and Multistate Performance Tests (MPTs).  Students will also engage in self-assessment exercises addressing learning styles and time/work management issues.  Although students will have an opportunity to review some core legal concepts, the focus of this course will be on practicing and developing the professional skills necessary to pass a bar examination and enter the legal profession.
This course is not intended to substitute for a bar preparation course taken after Hooding.  Instead, this course will build a strong foundation in the skills necessary to be successful on a bar exam.

Class Number: 50327

Instructor: Sean Mangan

Description:

This class provides a comprehensive introduction to drafting legal documents in the transactional context, with a heavy emphasis on contracts and internal corporate documents.  Students will learn the basic concepts that guide contract drafting and how mastery of these concepts aid in managing risk in legal transactions.  Students will complete a number of short drafting exercises and four graded drafting assignments.

Class Number: 50328

Instructor: Richard Moore

Description:

In this course students consider the lawyer-client relationship in the context of realistic scenarios, evaluating the complete choices an ethical lawyer must make to establish an effective lawyer-client relationship. Following an examination of the ABA Model Rules and the Ohio Rules of Professional Conduct, students consider the ethical components of the lawyer-client relationship, with an emphasis on competency, confidentiality, and conflicts of interest. The course also includes substantial instruction in the history, goals, structure, values, and responsibilities of the legal profession and its members.

Class Number: 50329

Instructor: Mark Vander Laan

Description:

In this course students consider the lawyer-client relationship in the context of realistic scenarios, evaluating the complete choices an ethical lawyer must make to establish an effective lawyer-client relationship. Following an examination of the ABA Model Rules and the Ohio Rules of Professional Conduct, students consider the ethical components of the lawyer-client relationship, with an emphasis on competency, confidentiality, and conflicts of interest. The course also includes substantial instruction in the history, goals, structure, values, and responsibilities of the legal profession and its members.

Class Number: 50330

Instructor: Christine Szydlowski

Description:

The classroom component of the Legal Extern Program emphasizes practical lawyering skills, law office economics, and ethical issues.  In their field placements, legal externs work under the supervision of attorneys in local, state, and federal public agencies, for legal aid and other non-profit organizations, and in businesses and other organizations in the private sector.

Class Number: 50331

Instructor: Christine Szydlowski

Description:

Concurrent enrollment in LITG 7016 is required.

Class Number: 50473

Instructor: Catherine Kuhl

Description: 

This course will teach students the skills and strategic analysis necessary to successfully fulfill the role of neutral third-party mediator. Students will undertake a series of mediation role plays, and will receive intensive feedback on techniques, skill, and intervention choices. Video-taping will be used to enable students to calibrate perception and reality of their own mediation style and effectiveness. The class will also view and critique the techniques used by other experienced mediators (on video-tape and through in-class demonstration), permitting us to see a range of mediator presence, styles and choices. In addition, this course will be valuable for students who may not plan to be a mediator, but who will represent clients in mediation. The course will provide the mediation advocate with an understanding of how the mediator operates, the role of the lawyer in mediation and what choices the mediation process offers for parties and lawyers.

Class Number: 50332

Instructor: Andrew Stephani

Description: 

This course will focus on the private sector health care issues that arise frequently in mental health law. Issues to be covered include: guardianship, psychiatric malpractice and informed consent, mental health law confidentiality and privilege, duties to warn and other duties to third parties, the right to refuse treatment, the right to treatment and the influence of the ADA, the admissibility of mental health professional expert testimony, brief coverage of ERISA and the right to die.

Class Number: 50337

Instructor: Nancy Oliver

Description: 

Participating students represent the College of Law in various intercollegiate moot court competitions.

Class Number: 50333

Instructor: Nancy Oliver

Description: 

Participating students represent the College of Law in various intercollegiate moot court competitions.

Class Number: 50336

Instructor: Nancy Oliver

Description:

Participating students represent the College of Law in various intercollegiate moot court competitions.

Class Number: 50334

Instructor: Nancy Oliver

Description:

Participating students represent the College of Law in various intercollegiate moot court competitions.

Class Number: 50339

Instructor: Lawrence James

Description:

In this course students learn the "science and art" of negotiation.  Students are introduced to significant literature and theory in negotiation and have the opportunity to practice negotiating through a sequenced series of negotiations simulations.  

Class Number: 51034

Instructor: Steven Goldstein

Description: 

This course provides students with "hands on" experience in conducting patent practice before the United States Patent and Trademark Office. Topics include patent searches; patentability opinions; patent drafting; filing; responding to correspondence from the Patent Examiner; the requirements of the new America Invents Act; and conducting appeals before the Board of Patent Appeals and Interferences and the Federal Circuit Court of Appeals.

Class Number: 51048

Instructor: Nancy Oliver

Description: 

This course seeks to impart an appreciation of the role of the law as a significant factor in creating or reinforcing social and economic conditions in society. Questions addressed include: what are the problems of the poor generally, as well as of specific sub-populations of the poor? How does the law impact on these problems, for better or worse? How do courts and legislatures contribute to solutions? A body of caselaw, including constitutional law, is considered, along with writings of economists, social scientists and theorists.

Class Number: 50350

Instructor: Jeanne Cors

Description:

This course seeks to impart an appreciation of the role of the law as a significant factor in creating or reinforcing social and economic conditions in society. Questions addressed include: what are the problems of the poor generally, as well as of specific sub-populations of the poor? How does the law impact on these problems, for better or worse? How do courts and legislatures contribute to solutions? A body of caselaw, including constitutional law, is considered, along with writings of economists, social scientists and theorists.

Class Number: 50341

Instructor: Emily Houh

Description:

This course deals primarily with contracts for the sale of goods under Article 2 of the Uniform Commercial Code.  In it, we will master code‐reading and basic Article 2 doctrines.  Students also examine how the law of the sale of goods differs from the common law of contracts, particularly with respect to the relevant law of warranties, performance, risk of loss, and remedies. Students explore the reasons, both practical and theoretical, for the substantive differences between Article 2 and common law contracts.  Finally, the course examines, to varying degrees, the related law of leases of goods (under Article 2A of the UCC) and contracts for the international sale of goods (under the Convention of Contracts for the International Sale of Goods or “CISG”). 

Class Number: 50344

Instructor: Arthur McMahon

Description: 

Securities Regulation presents an overview of federal securities laws with emphasis on the registration requirements of the Securities Act of 1933 and the major exemptions from these requirements, including exemptions commonly used by small and early-stage businesses. The course also covers the reporting and disclosure requirements of the Securities Exchange Act of 1934 and the anti-fraud provisions of the Securities Act and the Exchange Act.

Class Number: 50345

Instructors: Nathan Colvin, Laruen Kuley, Colter Paulson

Description:

Students from both the UC College of Law and the Salmon P. Chase College of Law will be participating.  In this clinic, students will work on cases for indigent clients whose cases are on appeal to the United States Court of Appeals for the Sixth Circuit, a federal appellate court located in Cincinnati.  Under the supervision of experienced attorneys, students will analyze trial records, identify arguments to be used in the appeals process, and write motions and briefs for their clients.

This is an excellent opportunity for students to learn about federal courts, criminal law, appellate procedure, and improve writing skills.  Students will also have the chance to learn from experienced lawyers, meet members of the federal bar, and meet federal judges.  Students will be expected to attend oral arguments at the Sixth Circuit as well as present their own oral arguments in class.  Some students have been able to argue before the Sixth Circuit, though such opportunities vary with timing and interest.

Class Number: 50346

Instructors: Nathan Colvin, Lauren Kuley, Colter Paulson

Description: 

Concurrent enrollment in LITG 7043 is required.

Class Number: 50358

Instructor: Eric Combs

Description:

This course is designed to introduce students to the substantive and practical aspects of Sports Law. Students will be exposed to a review of current and selected past case law, a review and interpretation of federal and state legislation, as well as an interpretation of NCAA Bylaws and Constitutional provisions.

Class Number: 51122

Instructors: Jeremy Hayden, Christopher Tassone

Description: 

This course provides an overview of the basic principles of state and local taxation. In this course, students will study the federal limitations on state and local taxation including U.S. Constitutional restraints imposed by the Due Process and Commerce Clauses and federal statutory preemptions. In addition, students will study the fundamental principles of the most common state taxes with a focus on corporate net income and sales and use taxes. This course will also address the impact of state and local taxes on multistate businesses, including e-commerce businesses. Finally, this course will briefly cover general state tax procedures.

Class Number: 50347

Instructor: Lori Krafte

Description: 

This course examines the law governing trademarks and other means of identifying products and services in the minds of consumers. Instruction primarily will focus on the federal statute governing trademarks and unfair competition, the Lanham Trademark Act of 1946, but students will learn about state laws and state law doctrines in the field as well. Topics include the protectibility of marks, including words, symbols, and "trade dress"; federal registration of marks; causes of action for infringement, dilution, and "cybersquatting;" and defenses, including parodies protected by the First Amendment.

Class Number: 50348

Instructor: Marjorie Aaron

Description:

To be a trial lawyer is to be a story teller, stage director, and character in drama where the audience determines the resolution.  This course will review and provide practice in each aspect of trial, from working with facts and developing strategy and then, to structure and techniques for effective opening statements, direct and cross examination, and closing argument.  We will focus on those elements that are also applicable to professional presentations in other contexts: communicating to render complexity accessible, build your own and witness credibility and audience trust, and persuade the audience using emotion as well as reason.

Class Number: 51320

Instructor: Marjorie Aaron

Description: 

Students prepare for and participate in Trial Practice Competition Team events.

Class Number: 50349

Instructor: Julia Meister

Description: 

Administrative complexities and disputes (pre and post death) relating to disposition and management of personal and business assets are on the rise. This course reviews the fundamentals of property transfers on death via wills, trusts, and beneficiary designations; it also covers the creation and administration of trusts and associated rights and duties. Related topics of trust modification and reformation, decanting, trust advisors and protectors, guardianship, beneficiary designations, and powers of attorney for health and medical care will be covered. Disputes and means of resolution will be addressed. This is not a drafting or tax class. It is strongly recommended but not required that students enrolled have completed Wills and Estates prior to this class.

Class Number: 51032

Instructor: John Pinney

Description: 

The Vis Competition has two components. The first component (for which 1 credit hour will be given for up to 4 students) is the researching and writing of two 30 to 35 page memoranda, the first supporting the position of a hypothetical international arbitration claimant and the second supporting the position of the respondent. (This component is expected to involve about 45 hours of work beginning in October and running through the end of January when the respondent’s memorandum is due.) The second component (for which 2 credit hours will be given for up to 4 students) will include supervising and editing the memoranda plus traveling and participating in the week-long oral competition in either Vienna or Hong Kong. (This component, excluding travel time, is expected to involve over 100 hours of work beginning October and running through the close of the competition in late March or early April.)

Class Number: 51193

Instructor: Patrick Hanley

Description: 

This course examines the special problems of proving a guilty mind and a guilty act in the context of business and government activities. Specific emphasis will be placed on corporate criminal liability, personal liability in organizational settings, conspiracy, mail fraud, false statements, perjury and false declarations, obstruction of justice, bribery of public officials, and RICO: The Racketeer Influenced and Corrupt Organizations Act.  This course also contains a substantial criminal procedure component.

Class Number: 50455

Instructor: John Cruze

Description: 

Through role play and other means, this course will teach techniques that trial counsel use to prepare themselves and their witnesses for testimony that is truthful, engaging, trustworthy and persuasive. Students will learn how to showcase witness testimony, reduce risks of unespected or damaging testimony, gain witness confidence, explain the witness' role, uncover information, lay foundations for admitting exhibits, and deal with cross-examinations, etc. Each exercise will be followed by critique and class discussion.