Spring 2022 Course Offerings

Instructor: Lenhart 
Instructor: 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.

Instructor: Schneider (synchronous online)
Instructor: Bryant

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.

Instructor: Godsey
Instructor: Whiteman

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.

Instructor: Lenhart
Instructor: McCord
Instructor: Oliver
Instructor: Smith

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. Prerequisite: Lawyering I: Legal Research & Writing.

Instructor: Bai / Morris 

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.

Instructor: Vazquez

Description:

This course will explore the migration policies of the United States, Australia, the United Kingdom, and the European Union and its member states. This class will allow students to examine the policy choices and consequences of each of these countries in order to develop an understanding of their global connection and impact. This course will also discuss overarching themes of race, space, and place thorough discussions on the historical, contemporary, and global roles of each country and the influence that these policies play in maintaining their current role. Topics covered for each country will include: migration and refugee law and policy, migration enforcement, demographics of migrants, detention, third country agreements, migration and development funds, migration policy rhetoric, and the impact on other countries and each other.

Instructor: Wall

Description:

In 2015 the Supreme Court of Ohio’s Task Force on Access to Justice released its Report and Recommendations, noting that Ohio courts are “filled with individuals unable to secure legal representation in civil matters and are left with no choice but to navigate an unfamiliar, complex court system alone.” This class will examine the justice gap, where 86% of civil legal problems reported by low-income people received either no or inadequate legal help. The class will have three components: First, we will examine the justice gap in a variety of contexts—housing, criminal cases, immigration and family law matters—inviting in access to justice lawyers to lend their insights and expertise. We will then move towards access to justice interventions, including right to counsel, technology, self-help centers and court process simplification. A third component is an optional in person field placement at the Help Center that will give students a practical experience with access to justice lawyering. The class would convene 1 hr/week and require a 10-15 page paper. The field placement would consist of 31 hours in the Help Center. Representative Classes include: 1. Introducing the Justice Gap: Legal Services Corporation, The Justice Gap Report; American Bar Association, Report on the Future of Legal Services in the United States; Ohio Supreme Court Report and Recommendations on the Taskforce on Access to Justice. 2. Access to Justice Lawyering & Help Center Training: Duncan Kennedy, Legal Education as Training for Hierarchy; William P. Quiqley, Letter to a Law Student Interested in Social Justice, 1 DePaul J. for Soc. Justice; David F. Levi, Dana Remus, and Abigail Frisch, Reclaiming the Role of Lawyers as Community Connectors, Daedalus Winter 2019, Vol. 148, No. 1; Jennifer Ching et al., A Few Interventions and Offerings from Five Movement Lawyers to the Access to Justice Movement, 87 FORDHAM L. REV. 186. 3. Housing: Excerpts from Matthew Desmond’s Evicted; Department of Sociology University of Cincinnati, "You are being asked to leave the premises": A Study of Eviction in Cincinnati and Hamilton County, Ohio. 4. Criminal: Excerpts from Michelle Alexander’s The New Jim Crow. 5. Defining Terms: Rebecca L. Sandefur, Access to What?, Daedalus Winter 2019, Vol. 148, No. 1; Robert W. Gordo, Lawyers, the Legal Profession & Access to Justice in the United States: A Brief History, Daedalus Winter 2019, Vol. 148, No. 1; Robert H. Frank, How Rising Income Inequality Threatens Access to the Legal System, Daedalus Winter 2019, Vol. 148, No. 1. 6. Lawyers’ Role (Rt. to counsel, mandatory pro bono, unbundled/limited legal help): Tonya L. Brito, The Right to Civil Counsel, Daedalus Winter 2019, Vol. 148, No. 1; Benjamin Barton and Stephanos Bibos, Triaging Appointed Counsel Funding and Pro Se Access to Justice; John Pollock and Michael Greco, It’s Not Triage If the Patient Bleeds Out. 7. Partnerships with non-lawyers (legal tech., court navigators, pro se information/self-help centers): Tanina Rostain, Techno-Optimism & Access to the Legal System 8. Daedalus Winter 2019, Vol. 148, No. 1; Margaret Hagan, Participatory Design for Innovation in Access to Justice, Daedalus Winter 2019, Vol. 148, No. 1; Deborah L. Rhode and Lucy Ricca, “Protecting the Profession or the Public? Rethinking Unauthorized Practice of Law Enforcement”, 82 Fordham L. Rev. 2587. 9. Procedural justice and court simplification: Anna E. Carpenter, Active Judging and Access to Justice (2017), Watch: Tracy Meares, Is Procedural Justice the Secret Ingredient? (2014), Simplified Courts Can't Solve Inequality, Colleen F. Shanahan and Anna E. Carpenter, Daedalus Winter 2019, Vol. 148, No. 1. SPECIAL NOTE: There is a classroom component consisting of a one classroom credit class and an optional one credit field placement, which is in person at the Help Center at the Hamilton County Municipal Court. The Field Placement is optional beca

Instructor: 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.

Instructors: Jones, Kemen

Description:

This course builds upon the basic research skills and techniques learned in the required Lawyering I courses. 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.

Instructor: Bilionis

Description:

This seminar will examine key constitutional challenges that the United States faces in the early 21st century – issues of public concern that have sparked significant debate about the proper role of constitutional values in contemporary American life. The topics that will be studied include:

• Racial Justice in Criminal Justice
• Constitutional Challenge and Change: The Case of Capital Punishment
• Fraction and Friction in 21st Century American Political Life
• Money, Speech, and Political Power 
• Presidential Authority in Times of Global Challenge and Political Polarization
• The Changing Look of American Federalism 
• Conscience, Religion, and Constitutional Objection
• Free Market Principles in Constitutional Law

Examination of the topics will draw on a broad range of readings to inform class discussion. Each student will prepare a seminar length paper (minimum of 30 pages in length) on a topic of her or his selection after consultation with the professor. Each student also will deliver a presentation on the paper to the class for discussion. SPECIAL NOTE: Taking this course satisfies only one of the graduation requirements (seminar or writing). If you take this course and have not yet satisfied the seminar requirement, you will be deemed to have met the seminar requirement. However, if you take this course and you have already met the seminar requirement, you will be deemed to have met the writing requirement. Two, separate courses are required to satisfy both the seminar and writing requirements. No one course satisfies them both.

Instructor: Leftwich

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.

Instructor: 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. Special Note: You must have taken Secured Transactions to take this class. However, if you have not taken Secured Transactions, it is the student’s responsibility to discuss this with Professor Kalsem to see if she will waive this prerequisite for you.

Instructor: Malloy

Description:

Bioethics explores the development of American law as it relates to ethical and moral issues in the areas of health care and life sciences. Supplementing courses in health law and public health law, and law and biosciences, this course is intended to give students an appreciation of the ways in which the law’s regulatory powers have been used to guide decision-making in medicine and biomedical research, and, in turn, how theories of medical ethics and practice have informed modern legal developments. In this class, we will take up a range of issues including (but not limited to): end of life decisions, allocation of resources such as organs for transplantation, human reproduction, human subjects’ research, and developments in genetics and stem cell research and therapies. Bioethics raises difficult questions about the nature, meaning, and value of life and the importance and appropriate ethical and legal role of health care. Through an in-depth study and writing on these topics, I hope that you will develop and challenge our thinking about these issues. Students will be evaluated based on a final research paper. There are no prerequisites.

Instructor: 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.

Instructor: Nacev

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.

Instructor: Bratton

Description:

This course explores the history, text, structure, and policy of federal civil rights litigation under 42 U.S.C. § 1983. The course addresses doctrinal, theoretical, and practical issues that shape civil rights litigation. Theoretical issues include the appropriate role of the history of American slavery in interpreting the civil rights statutes, the benefits and drawbacks of private litigation in constitutional development, and the respective roles of federal and state judiciaries in protecting federal rights. Bivens actions, the Federal Tort Claims Act and State claims and immunities will be introduced but not extensively covered. Practical issues include the types of remedies available, the defenses and immunities available to governments and their agents, and the availability of attorney fees for prevailing plaintiffs. Students will apply their theoretical and practical knowledge through in-class discussion based on assigned readings or other out-of-class assigned activities as well as by short drafting assignments in response to fact patterns provided by the instructors and occasional quizzes.

Instructor: 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. This is a required course that must be taken in the second year, unless you have met the requirement in another way. Students who participate in other experiences in the second year may have met the Client Counseling Requirement and are not required to take this course. These students, along with 3L’s who have not taken a client counseling course, will be permitted to take this Client Counseling class only if seats remain after students are placed in the sections of the course who must take it.

Instructor: Boland

Description:

This course tackles the legal issues surrounding computer technology, including the protectibility of computer software; the misappropriation of computer technology; software licenses, support, distribution, and development agreements; ownership of online "content"; privacy in a computer age; and liability for tortious acts and computer crimes.

Instructor: 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.

Instructor: Solimine

Description:

This course focuses on the problem of choosing which jurisdiction's law should govern transactions, relationships, or events with contacts to more than one jurisdiction. The course also explores the law governing recognition of sister - state and foreign judgments, and the jurisdictional and choice-of-law problems posed by cyberspace. The course will provide students with the opportunity both to become familiar with and to criticize the various approaches to these problems adopted by U.S. jurisdictions (especially Ohio).

Instructor: Owens

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.

Instructor: Mangan

Description:

This course will take students through a single transaction, beginning with the initial term sheet, continuing through the negotiation and execution of a purchase agreement, and ending with closing and post-closing obligations.  By the end of the course, students will acquire a detailed understanding of deal structures and timelines, the ebb and flow of transactions, and the major components of a negotiated agreement.  Students will work in teams representing one party to the transaction throughout the entire course.  Course work includes required reading, in-class and outside-class drafting assignments, client counseling, and contract negotiation. 

Instructor: Caster

Description:

Using the Theory of Defense as the guide by which all else follows, this course will explore the components of an effective defense of the criminally accused, with special consideration being given to the unique problems presented when representing the indigent defendant. Beginning with the initial accusation and going up to the eve of trial, the course will address the various components of an effective defense. These include brainstorming, developing the Theory of Defense, client interview, witness interviews, effective case investigation, aggressive pursuit of formal discovery, and pre-trial motions practice. As the various topics are covered, the ethical issues commonly occurring will also be discussed. Students will be required to apply the lessons of the class in a final project where they act as defense counsel.

Instructor: 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.

Instructor: 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. SPECIAL NOTE: This course covers completely different material than that covered in Criminal Procedure I. Criminal Procedure I is not a prerequisite for this course, but it is recommended that Criminal Procedure I be taken first.

Instructor: Van Nice

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.

Instructor: 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.

Instructor: Mangan

Description:

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. Students will be expected to spend approximately 10-12 hours per week on their clinic work, with a minimum of 3 of those hours spent working in the clinic offices at the law school. 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 or in proceedings before the U.S. Patent and Trademark Office.

Instructor: Mank

Description:

This course will focus on issues related to climate change and related energy law issues. If there is time, the professor may address additional environmental topics. Students may write a paper on a wide range of environmental topics, not just those related to climate change. SPECIAL NOTE: Taking this course satisfies only one of the graduation requirements (seminar or writing). If you take this course and have not yet satisfied the seminar requirement, you will be deemed to have met the seminar requirement. However, if you take this course and you have already met the seminar requirement, you will be deemed to have met the writing requirement. Two, separate courses are required to satisfy both the seminar and writing requirements. No one course satisfies them both.

Instructors: Moyer, Noel

Description:

This course explores the fundamental principles of estate planning, trust, and probate law, including the disposition of probate vs. non-probate property, estate, gift, and generation-skipping transfer tax fundamentals, and planning for the transfer and protection of wealth. The tax planning focus will include the study of various estate planning techniques, charitable planning, and other tax savings strategies. The non-tax planning covered will include the lawyer’s role and ethical duties, drafting wills and trusts for non-tax reasons, powers of attorney, and estate planning documents relating to health care matters and end of life decisions.

Instructor: Godsey

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.

Instructor: Moore

Description:

For many students, mastering the rules of evidence is akin to learning a new language. This limited-enrollment course (25 students maximum) is designed for students for whom such mastery requires more frequent, intensive practice and individualized, rigorous feedback than is possible in a larger class with a more traditional lecture/Socratic dialogue approach. Formative assessments and skills practice will reinforce core evidence doctrines double-tested on the bar such as relevance, hearsay, impeachment, and opinion testimony. Individual and group exercises will occur daily during class (problem sets, quizzes, short drafting assignments, and oral arguments) and in weekly writing labs focused on longer drafting assignments such as client letters, motions, and exam essays. Peer review will complement regular feedback from the instructor. Priority registration for the course will be offered to students bound by Academic Rule 9 who have not previously taken Evidence. Remaining spots will be open to all 2L and 3L JD students.

Instructor: Hubbard

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.

Instructor: Kalsem

Description:

In Feminist Jurisprudence, students will study various schools of feminist legal thought, including liberal, radical, cultural, postmodern, critical race, and social justice feminisms, as well as related issues from LGBTQ+ studies. Shifting from theory to practice, the course will conclude with an introduction to participatory action research which is a form of community-based research that is aligned with the principles of feminist legal theory. In previous years, students have "performed feminist jurisprudence" by volunteering at social justice organizations in the community. With Covid-19 still with us, this is not practical. I have redesigned this class to be a seminar, with the final paper being a rewrite of a judicial opinion through the lens of feminist legal theory.

Instructor: Schneider

Description:

In Feminist Jurisprudence, students will study various schools of feminist legal thought, including liberal, radical, cultural, postmodern, critical race, and social justice feminisms, as well as related issues from LGBTQ+ studies. Shifting from theory to practice, the course will conclude with an introduction to participatory action research which is a form of community-based research that is aligned with the principles of feminist legal theory. In previous years, students have "performed feminist jurisprudence" by volunteering at social justice organizations in the community. With Covid-19 still with us, this is not practical. I have redesigned this class to be a seminar, with the final paper being a rewrite of a judicial opinion through the lens of feminist legal theory.

Instructor: Brewer

Description:

The course is designed to introduce the student to Federal government contract law (hereinafter referred to as Federal procurement law). The course will focus on preparing the student for – (i) advising companies who sell goods and services to the Federal government, and (ii) representing government contractor clients having a dispute before the U.S. Court of Federal Claims (CFC) and the Civilian or Armed Services Board of Contract Appeals (BCA).b

Instructor: Malloy

Description:

This class explores the financing and regulation of health care, bioethics, the various structures of health care organizations, the physician-patient relationship, professional liability of health care providers, and tort reform for medical injuries.

Instructor: 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. The Registrar will enroll students selected to participate in the necessary class through the registration system.

Instructor: Lockwood

Description:

Participating students engage in the selection and editing of articles for publication in the University of Cincinnati Human Rights Quarterly. The Registrar will enroll students selected to participate in the necessary class through the registration system.

Instructor: 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.

Instructor: 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. Students will be scheduled by the Registrar.

Instructor: 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. Students will be scheduled by the Registrar.

Instructor: Silverstein

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 Thursday evening classroom component. This is a continuation of the Clinic from fall semester; accepted and enrolled students commit to both semesters of their third year. Limited to students who participated in the Clinic in the previous semester; 3L’s only; students must qualify for the Ohio Student Intern License to enroll in this clinic.

Instructor: Silverstein

Description:

Concurrent enrollment required in LITG 7051. 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 Thursday evening classroom component. This is a continuation of the Clinic from fall semester; accepted and enrolled students commit to both semesters of their third year. SPECIAL NOTES: Limited to students who participated in the Clinic in previous fall semester; 3L’s only; students must qualify for the Ohio Student Intern License to enroll in this clinic.

Instructors: Bergeron, Caster, Godsey, Howe

Descriptions:

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. SPECIAL NOTES: Enrollment by permission of instructor; full year commitment required; must complete year if participated in the fall of 2018.

Instructors: Bergeron, Caster, Godsey, Howe

Descriptions:

In this course, students examine the various types of evidence that might lead to the wrongful conviction of innocent persons. They will also consider the roles police, prosecutors, and defense lawyers play in the criminal justice system, with an emphasis on discovering how errors can lead to the conviction of the innocent. SPECIAL NOTES: Field Study in the spring semester is required. The Registrar will enroll students selected to participate in the necessary class through the registration system.

Instructor: 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.

Instructor: Whiteman

Description:

Intellectual Property & Computer Law Journal Editor-in-Chief. By permission of supervising faculty/instructor. 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.

Instructor: Whiteman

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.

Instructor: Whiteman

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.

Instructors: Bennett, Linden

Description:

The goal of this course is to introduce students to the ins and outs of what new lawyers practicing in the area of intellectual property are likely to be exposed to in private practice or a corporate setting. Particularly, 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, including for example, recognizing your client’s IP rights, understanding how to protect those IP rights, and advising clients with respect to enforcement of IP rights. This course will also address numerous other practical issues for the new lawyer, such as, for example, the importance of client development, how to balance your workload, and do’s and dont’s in the law office setting.

Instructor: 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.

Instructor: Lockhart

Description:

This class is intended to provide a broad overview of employee benefits plans for future benefits practitioners, in-house counsel for employers, administrators, hospitals, insurance companies and other organizations that work in the employee benefits space. This class will study the Employee Retirement Income Security Act of 1974, Internal Revenue Code and Affordable Care Act as they relate to retirement and health and welfare fringe benefits. No prior tax courses are required in order to succeed in and benefit from this class.

Instructor: 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.

Instructors: Combs

Description:

This course is designed to introduce students to the substantive and practical aspects of the law as applied to the business of sports and athletic competition. Students will be exposed to a review of current and selected past case law, discussion of current events in the business and law of sports, a review and interpretation of the legislation governing sports, and analysis of the various contractual relationships and structures that govern the operation of amateur and professional athletics.

Instructor: Houh

Description:

This course examines labor unions and labor-management relations from both a legal and a social perspective. The course will utilize traditional legal materials such as statutes, regulations and judicial opinions, which will be complemented by social research such as theoretical perspectives and empirical studies from the social sciences. The course aims to provide students with an overview of significant issues and doctrines in labor law; to introduce students to theory and research on labor unions and labor-management relations; and to encourage students to consider how insights from social theory and research can inform legal practice.

Instructor: Ela

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.

Instructor: Malloy

Description:

The blog has student, professor and practitioner contributors. Knowledge of Bluebook and Texas Law Review Manual for Style and Usage, and ability to coordinate. The job responsibilities of the Blog Editor would include:

• Actively solicit and select practitioners for blog posts
• Ensure Contributing Members, Guest or Student Editors, and Student Contributors all meet posting requirements ensuring conformance with the Texas Law Review Manual for Style and Usage and that all footnote content conform with the Bluebook
• Coordinating promotion and utilization of the blog including monitoring any comments/feedback.

In recognition of the responsibilities of the Blog Editor, this position will receive 2 non-classroom credit hours; it would not meet the writing or seminar requirement. This position would only be open to 3L students. The UC Law Review Blog is of great importance to the future of the Law Review. With a dedicated position overseeing the blog, the maintenance and care of the blog can be guaranteed. By Permission Only

Instructor: 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. The Registrar will enroll students selected to participate in the necessary class through the registration system.

Instructor: 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. The Registrar will enroll students selected to participate in the necessary class through the registration system.

Instructor: 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. The Registrar will enroll students selected to participate in the necessary class through the registration system.

Instructor: Ela

Description:

This seminar invites students to examine the relationship between law and capitalism in the United States, through reading and independent research. In the first part of the course we will read and discuss selected books and articles on law and capitalism—both classics and recent works. In doing so, we will learn about and critically assess two emerging research projects: American Political Economy (in the field of political science) and Law and Political Economy (in law and legal studies). We will also reflect on the ways that socio-legal research can aspire to describe, explain, and change the world. These discussions will help students identify and refine the research questions that will guide their independent research projects. The second part of the course will be devoted to developing these projects, through one-on-one meetings with the professor, peer review, and in-class class presentation and feedback. The course is open to students in the College of Law seeking to fulfill their seminar and/or second writing requirement, as well as undergraduate juniors and seniors majoring in Political Science and/or Law and Society.

Instructor: 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.

Instructor: R. Moore
Instructor: Kendall
Instructor: 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.

Instructor: Smith

Description:

In this course, students consider the lawyer-client relationship in the context of realistic scenarios, evaluating the complex choices an ethical lawyer must make to establish an effective lawyer-client relationship. Following an examination of the ABA Model Rules, students consider the ethical components of the lawyer-client relationship, with an emphasis on competency, confidentiality, and conflicts of interest. The course also includes multiple skills application exercises to introduce students to Performance Tests and Professional Responsibility Exams required by state bar examiners.

Instructor: Szydlowski

Description:

The classroom component of the Legal Extern I Program emphasizes practical lawyering competencies and ethical issues encountered in the practice of law.  In their field placements, legal externs work under the supervision of attorneys in local, state, and federal agencies, non-profit organizations, and in businesses and law firms in the private sector.

SPECIAL NOTES:

Concurrent enrollment in Legal Externship I class and field placement required.  Complete the Externship Application in the Symplicity “Job Postings” section. Upload your completed Application along with your current resume and transcript.  Spots are limited and students will be chosen based on preferences and availability.  Students may only enroll in one Externship or Clinic at a time. 

Instructor: Szydlowski

Description:

The classroom component of the Legal Extern I Program emphasizes practical lawyering competencies and ethical issues encountered in the practice of law.  In their field placements, legal externs work under the supervision of attorneys in local, state, and federal agencies, non-profit organizations, and in businesses and law firms in the private sector.

SPECIAL NOTES:

Concurrent enrollment in Legal Externship I class and field placement required.  Complete the Externship Application in the Symplicity “Job Postings” section. Upload your completed Application along with your current resume and transcript.  Spots are limited and students will be chosen based on preferences and availability.  Students may only enroll in one Externship or Clinic at a time. 

Instructor: Szydlowski

Description:

The classroom component of the Legal Extern II Program expands upon the practical lawyering competencies addressed in Legal Externship I.  In their field placements, legal externs work under the supervision of attorneys in local, state, and federal agencies, non-profit organizations, and in businesses and law firms in the private sector.

SPECIAL NOTES:

Concurrent enrollment in Legal Externship II class and field placement required.  Complete the Externship Application in the Symplicity “Job Postings” section. Upload your completed Application along with your current resume and transcript.  Spots are limited and students will be chosen based on preferences and availability.  Students may only enroll in one Externship or Clinic at a time. 

Instructor: Szydlowski

Description:

The classroom component of the Legal Extern II Program expands upon the practical lawyering competencies addressed in Legal Externship I.  In their field placements, legal externs work under the supervision of attorneys in local, state, and federal agencies, non-profit organizations, and in businesses and law firms in the private sector.

SPECIAL NOTES:

Concurrent enrollment in Legal Externship II class and field placement required.  Complete the Externship Application in the Symplicity “Job Postings” section. Upload your completed Application along with your current resume and transcript.  Spots are limited and students will be chosen based on preferences and availability.  Students may only enroll in one Externship or Clinic at a time. 

Instructor: Bard

Description:

The emergence of Covid-19, a major new virus causing death and disease all over the globe, has sparked unprecedented interest in the process of developing, testing, and getting approval for the sale of drugs and vaccines. In the United States, this activity is heavily regulated by the federal government through a variety of different divisions of the Department of Health and Human Services. This course will look at the laws relevant to both the companies seeking to sell products in the United States and the Universities and Medical Centers that receive government funding to conduct research. It will consider issues such as protection of human participants, protection of animal participants, and methods for expediting the approval process. Although the primary focus will be on U.S. law, it will also look at the laws which govern drug and vaccine development in individual countries such as India and China, as well as regional and international organizations, such as the European Union and the World Health Organization.

Instructor: 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, skills 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. This course requires each student to recruit 1-2 volunteers to serve as parties in the Saturday class mediation simulations.

Instructor: 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.

Instructor: Bai

Description:

This course introduces students to deal structures of corporate mergers, important actors and their roles in the deals, defensive measures toward hostile takeovers, duties of the board and rights of shareholders of the target companies under state laws, federal regulations such as the Williams Act, the proxy rules and stock registration, and key provisions of a merger agreement.

Instructor: Oliver

Description:

Prerequisite for Moot Court Executive Editor and other positions. Participating students represent the College of Law in various intercollegiate moot court competitions. Students will be scheduled by the Registrar.

Instructor: Lawrence

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.

Instructor: Goldstein/Kersting

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; claim and patent drafting; filing; responding to correspondence from the Patent Examiner; the requirements of the new America Invents Act; and conducting appeals before the Patent Trial and Appeal Board and the Federal Circuit Court of Appeals. 

Instructors: Gastright, Hurst

Description:

In this course, students will work at the University of Cincinnati College of Law’s Patent and Trademark Clinic (PTC), obtaining “hands on” experience representing local business owners, aspiring entrepreneurs, and inventors in identifying, protecting, and commercializing their intellectual property, focusing on work to be performed in the patent and trademark areas, as well as transactional documents relating to intellectual property. Services for individual clients may include completion of patent applications (provisional and non-provisional); completion of federal trademark applications; analysis and opinions on patent and trademark registrability; analysis and opinions on patent, trademark, and/or copyright infringement; assistance on responding to office actions from the USPTO; preparation, review, and/or negotiation of IP licenses and other related agreements; and general IP advice. The PTC will not represent its clients in litigation/dispute resolution or on foreign applications. The PTC will be structured to simulate practice in a law firm, and will provide insight and experiences in PTC students also will learn how a small law office operates, including procedures for client intake, conflict checks, file maintenance, project tracking, timekeeping, scheduling, coordination, and client communications. Students will perform all work at the PTC under the close supervision of its directors and volunteer-lawyers with relevant expertise. Students will be expected to average 8-12 hours per week working on clinic matters. The PTC will share the offices of the Entrepreneurship and Community Development Clinic. The PTC will represent onlyprioritize representation of clients of limited financial means and/or local entrepreneurs, means who cannot afford the services of the private bar and will not represent clients in litigation related matters..

Instructor: Bard

Description:

Public Health Law focuses on the use of legal tools to improve the public’s health. The course takes a transdisciplinary approach to public health law, conceptualizing public health law a process through which coalitions of lawyers, scientists, public health practitioners, and others work collaboratively to develop, advocate for, implement, and evaluate evidence-based legal reforms and interventions to prevent disease and reduce injuries. The transdisciplinary approach emphasizes that the entire process of legal change—from researching potential policy approaches to evaluating the effectiveness of legal interventions—requires careful examination, and that that each part of the process necessarily involves transdisciplinary collaborations.

Instructor: Tomain

Description:

The 1963 March on Washington has been remembered largely because of Martin Luther King's I Have a Dream speech. Other speeches were given that day including one by a young John Lewis who had much to say including: “I appeal to all of you to get in this great revolution that is sweeping this nation. Get in and stay in the streets of every city, every village and hamlet of this nation until true freedom comes, until the revolution of 1776 is complete.”  

Race & Democracy in Contemporary America is a one-hour Book Discussion course that continues the Democracy in Contemporary America discussions that have been offered in the past. The core idea is to explore the relationship between race and democracy particularly in relation to those normative values that we purport to cherish as noted by John Lewis and many, many others including Martin Luther King and President Barack Obama. 

We can briefly identify those democratic values as liberty, equality, fairness and the common good. Further, we can trace their development from before the Founding until today.  We will explore them through readings that will include historical and contemporary cases, statutes, speeches, and videos.  A list of short books will be provided shortly.  

The course is timely and connects us with our history; our revolutionary history.  Most particularly, it is my hope that we can explore the relationship between race and democracy and appreciate its contemporary significance and application at a time when it seems that democracy is strained. 

IMPORTANT NOTES:

This is an intensive course that meets over a condensed time period.  Students must attend every class session.  Do not sign up for this class if you must miss one of these sessions.  Students may take only one (1) short course before the spring semester.  

Instructor: Moore

Description:

The short course component of this class will engage students with evidence and arguments surrounding efforts to reduce or abolish reliance on criminal legal systems as default interventions for preventing and addressing harm. Topics include: what is public safety, who defines it, and whether/how it can be made accessible to all; the historical development and sociolegal impacts of the carceral state; the role and efficacy of reform and abolitionist strategies for change; the influence of race, gender, and socioeconomic class in criminal legal systems (with “systems” comprising federal, state, local, military and tribal jurisdictions as well as core functions such as legislative enactment of criminal codes and sentencing regimes, policing, prosecution, defense representation, judicial decision making, prison administration, and probation and parole); and opportunities for engaging in transdisciplinary, community-engaged research to advance understanding and productive action. Readings will include interdisciplinary empirical research. In the instructor’s discretion, students may earn a second credit following the short course component of the class by working with an interdisciplinary research team during the remainder of the semester.

Instructor: Hubbard

Description:

This course covers all forms of ultimate relief in civil actions: damages, restitution, and equitable relief. The first portion deals with the damage remedies in tort, contract, real property, and personal property litigation. The second unit analyzes the alternative remedy of restitution, in law and equity. The course concludes with those cases governing specific relief in equity, specific performance in contract, and injunctions in tort.

Instructor: 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”).

Instructor: NeJaime

Description:

This course will examine legal regulation of the family from the perspective of sexuality- and gender-based equality with a specific focus on family formation by LGBTQ people. The course will situate changes in the family, including dynamics involving marital and nonmarital families, different-sex and same-sex coupling, and reproduction and parenting, within modern constitutional doctrine and family law. Class materials include case law, statutes, case documents, press accounts, legal scholarship, and sources from other academic disciplines.

Instructors: Colvin, Kuley, 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.

Instructors: Colvin, Kuley, Paulson

Description:

Concurrent enrollment in LITG-7043 is required.

Instructor: Bergeron

Description:

Long neglected, people are starting to wake up and appreciate the significance of state constitutions. Gerrymandering is a great example – the U.S. Supreme Court recently ruled that federal courts could not consider federal constitutional claims regarding partisan gerrymandering, but state courts in North Carolina and Pennsylvania, relying on their state constitutions, granted relief and redrew political maps. This course will explore the role of state constitutions in our federal system and how can state constitutions be used to achieve a client’s litigation objectives when federal relief might be beyond reach. Taught by a sitting state appellate judge, with a unique vantage point on these questions, the class will cover recent developments in state constitutional law and explore what the future may hold for these type of claims.

Instructor: 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.

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.

Instructor: 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 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 participating in the week-long virtual oral competition in Hong Kong and Vienna.  (This component 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.)

Instructor: 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.