Advanced Legal Research: Iowa Law - Lutkenhaus, Wallace
For the first class, please take the survey on the TWEN site (under Quizzes link) and read the following:
• Syllabus (on TWEN under Syllabus)
• Garvin, Peggy. Real World Research Skills: An Introduction to Factual, International, Judicial, Legislative, and Regulatory Research 2nd ed. (TheCapitol.Net, 2009), Ch. 1. (On TWEN under Course Materials)
• Koshollek, Mary J. Some Habits for Highly Effective New Lawyers. (On TWEN under Course Materials)
• Edwards, Ch. 1. sections 5 and 7 (Course text)
Art, Cultural Heritage and the Law - Clark
For the first week of class (1/23 – 1/25), read and be prepared to discuss Gerstenblith (casebook), pp. 1-20 (“What Is Art?”).
Banking Law - Hjelmaas
Materials for Banking Law:
Regulation of Bank Financial Service Activities, by Broome & Markham, 4th edition
For the first class the students should read from Chapter 3 "The Business of Banking", pp. 132-173.
Business Associations - Walker
There is no reading assignment for the first day of class, Tuesday, January 22.
For Wednesday the 23rd, please read (1) pages 1-12 in Smith & Williams,
Business Organizations (3rd ed. Aspen Pub. 2012) and (2) Restatement (3rd) Agency, sections 1.01 - 1.04 and sections 8.01 - 8.06.
Civil Procedure II - Gaughan
Please add the Civil Procedure II TWEN page so that you can access the syllabus for Civ Pro II.
Reading Assignment #1 is the following:
CASEBOOK: 17-20, 365-384 (Bell v. Novick; Haddle v. Garrison)
FEDERAL RULES 8, 12(b)(6)
FEDERAL RULES FORM 11
Constitutional Law I - Kende
For the first class on Tuesday, January 22 read pages 1-9, and 12-26 in the Stone, Seidman Constitutional Law casebook.
Constitutional Law I - Schor
Welcome back to law school and welcome to the first semester of Constitutional Law. The first assignment has two parts:
(1) Please read the Constitution. It is a remarkably short document. In particular, pay close attention to the Preamble; Article I, sections 7-8; Article II; Article III; Article V; Article VI, section 2; and Article VII. You should also read the Bill of Rights which can be found in the first 10 amendments of the Constitution and section 1 of the Fourteenth Amendment.
Which part of the Constitution do you think is the most important? Why? What problems were the Framers trying to solve in writing the Constitution?
(2) In addition, please read Marbury v. Madison and the notes that follow the case, Chemerinsky pp. 1-11. When reading Marbury, please consider the following questions:
(a) What is the holding of the case? What is the rationale for the holding? In reading a constitutional case, you should seek to identify the governmental action that is being challenged and the constitutional provision that is being relied on by the litigants and the Court.
(b) Justice Marshall provides a number of examples of when courts should exercise the power of constitutional judicial review of legislation on pp. 7-8. Does he do a good job of telling courts when they should exercise judicial review?
(c) What does Justice Marshall tell us about the judicial review of executive action? When is it justified?
(d) The case deals with three “questions” that are laid out on p. 2 of the opinion. Why did the Court discuss questions 1 and 2? Should the Court have discussed and resolved these questions?
(e) Could Justice Marshall have avoided deciding the constitutional issue? Should he have decided the case on narrower grounds?
Constitutional Litigation - Lovell
Casebook: Jeffries, Karlan, Low, and Rutherglen, CIVIL RIGHTS ACTIONS: ENFORCING THE CONSTITUTION (2D ED.) AND 2012 SUPPLEMENT.
Week 1 1-23 Introduction: State Sovereign Immunity and the Eleventh Amendment, pp. 1-12 (Ex parte Young); Appendix B-9 (§1983 text).
Register on the Course TWEN page and read the Syllabus. Complete the Introduce Yourself form and bring it to class on Wednesday.
1-24 Introduction: State Sovereign Immunity and the Eleventh Amendment (cont.), pp. 12-31 (Edelman)
1-25 Chapter I, 42 USC §1983. Sec. 1: Under Color of Law, pp. 32-52 (Monroe)
Constitutional Theory Seminar - Schor
Welcome to the Constitutional Theory Seminar. For the first class, please read and be prepared to discuss John H. Garvey et al., Modern Constitutional Theory: A Reader, pages 18-43, 51-72,
and 75-79.
Sincerely, Professor Schor
Contracts II - Mansfield
WEEK 1UNIT 1 -- THE PAROL EVIDENCE RULE
Wednesday, Jan. 23 - The Parol Evidence Rule, pp. 655-679
Thursday and Friday, Jan. 24-25 - The Parol Evidence Rule, cont.
Mitchell v. Lath
Masterson v. Sine
Alaska Northen Development Co. v. Alyeska
Suburban Leisure Center v. AMF
WEEK 2 UNIT 2 -- INTERPRETATION
Wed., January 30 - Noon makeup class Room 206 and regular class at 1:00
Interpretation, pp. 679-698
Pacific Gas & Electric Co. v. G.W. Thomas
Confold Pacific, Inc. v. Polaris Indus., Inc.
Frigaliment Importing Co. v. BNS Int'l Sales
UNIT 3 - CONDITIONS
Thurs., January 31 - Noon makeup class Room 205. No class at 1:00
An Introduction to Conditions and Breach - No Reading
Friday, February 2 NO CLASS
WEEK 3
Feb. 6-8 TRIAL PRACTICUM WEEK.
If the trial practicum ends early we will resume normal classes. As follows:
Day 1 after trial pract. - Express and Implied Conditions pp. 791-801
Dove v. Rose Acre Farms Inc.
Wal-Noon Corp. v. Hill
Day 2 after trial pract. - Waiver of Conditions pp. 808-819
Clark v. West
Dynamic Machine Works, Inc. v. Machine & . . .
Excuse of Conditions pp. 825-826
UNIT 4 - BREACH
Day 3 after trial pract. - Constructive Conditions of Exchange and Order of Performance pp. 826-827
The Avoidance of Forfeiture pp. 835 starting at Note 2 - 843
Jacob & Youngs v. Kent
Debtor-Creditor Law - Shodeen
Reading for first class 1/23 - pp. 1-31
Employment Discrimination Litigation - Lovell & Bennett
Cases & Materials on Employment Discrimination by Zimmer, Sullivan and White (8th ed. Aspen). The 2011 Statutory Supplement is recommended but not required. The course TWEN page is up and has the Initial Reading Assignments, Syllabus, Introduce Yourself form, and other postings.
Week 1Jan. 21 - Martin Luther King, Jr. HOLIDAY. NO CLASS.
I encourage you to attend one of the DSM area MLK Celebration events, or watch a movie on employment discrimination, such as North Country, which portrays the systemic class-based sex discrimination/harassment experienced by the first women employed in the iron mines of northern Minnesota, or Made In Dagenham, which portrays the labor strike by women at the Ford car plant that led to enactment of legislation in the United Kingdom that made sex discrimination in pay unlawful, or take the Implicit Bias test and dip into Judge Bennett’s articles on implicit bias.
Jan. 22
(1) Prior to class you should go online and register on the EDL course TWEN site. Then review the Syllabus and Daily Readings on TWEN.
(2) Print off an Introduce Yourself Form on TWEN, complete it, and bring the hard copy to Tuesday’s class.
(3) Come prepared to discuss Slack v. Havens, Casebook, pp. 1-11, and Nelson v. Knight on TWEN (the recent decision of the Iowa Supreme Court), and the emerging issue of implicit bias. Chapter 1: Individual Disparate Treatment, Preface, Note to Students, Slack v. Havens, Casebook, pp. 1-11.
(4) You are encouraged to read Title VII of the 1964 Civil Rights Act in its entirety, Supp. pp. 437-461, at the outset of the course. Title VII is the main focus of the course. It is a comprehensive set of statutes and therefore it reads well. You’ll find an overview reading of it in its entirety will help your understanding of the statutory scheme as we progress through the course. For those who return too late to purchase the Casebook before Tuesday’s class, Slack v. Havens is 7 FEP 885 (S.D. Cal. 1973).
(5) Our Casebook, pp. 9-11, discusses unconscious bias and the Implicit Association Test developed by Project Implicit at Harvard and the University of Washington. https://implicit.harvard.edu/implicit/demo/selectatest.html. There are more than a dozen different tests on the Project Implicit web site. For the first class, we encourage you to take two tests: Race (Blacks and Whites); and Gender – Career. The results are anonymous. You may want to take many or all of the tests over the course of the semester.
(6) Judge Bennett is doing cutting edge work on the problem of implicit bias, and you will have an opportunity to discuss it with him during his visits. Before Judge Bennett’s visit in February, I encourage you to peruse his two law review articles on implicit bias (posted on TWEN): Mark Bennett, Unraveling the Gordian Knot of Implicit Bias in Jury Selection, 4 Harvard Law & Policy Review 149 (2010); Jerry Kang, Mark Bennett et al, Implicit Bias in the Courtroom, 59 UCLA L.Rev. 1124 (2012). http://www.uclalawreview.org/?p=3576.
The issue of implicit bias was examined in considerable depth during the four week trial in Pippen v. State of Iowa. District Judge Rob Blink found in favor of State Government in this class action race discrimination in employment case. It is currently on appeal to the Iowa Supreme Court.
Entertainment Law - Johnson
Welcome back – I hope each of you had an enjoyable and productive holiday. I am excited about this newsemester and can’t wait to get started. For our first day of class, please read:
(1) a handout from Gary Greenberg's How to Build and Manage an Entertainment Law Practice, located on TWEN; and (2) the Syllabus, also located on TWEN.
Environmental Law - Anderson
Book: Doremus, Lin & Rosenberg,
Environmental Policy Law (6th Ed. 2012)
1/24 Introduction pp. 1-16; 22-39
1/25 Common Law pp. 39-58
Estate Planning - Begleiter
ASSIGNMENT FOR JANUARY 22, 2013
Please read the list of General References available on the TWEN page for the course. Please also read the short descriptions of the BNA Tax Management Portfolios and Practical Drafting also available on the TWEN Page for the course.
Gaming Law - Miller
For the first class on Tuesday, January 22, go to the TWEN page for the course: Miller, Gaming Law 2013. Read the Administrative Details document for information about the course. We will talk more about all this in Tuesday’s class. Also, read pages 1-20 in the text.
Int'l Intellectual Property Law - Yu
The syllabus and the first assignments are available at
http://www.peteryu.com/intip/.
International Trade - Clark
For the first week of class (1/23 – 1/25), read and be prepared to discuss Jackson et al. (casebook), pp. 1-41 (re: International Trade Policies).
Labor Law - Boulton
REMINDER:
Prof. Boulton will be out of town and has rescheduled your first Labor Law class. This makeup will be held on Thursday, Jan. 24 from 3-4:15 p.m. in Room 203. There will be no class on January 22.
First Assignment for Labor Law:
For the first class, read Sections 7 and 8(a) of the National Labor Relations Act (Supplement pages 28-25) and Text pages 1-13, including
Veglahn v. Gunter.
Land Use Control - Hamilton
The course is a study of the legal mechanisms society uses to plan for and control the use of land, as well as the justifications and public support for these actions. The materials for the class will include: Nolan, and Salkin, Land Use and Sustainable Development Law, 8th ed., West (2012) available in the bookstore, and other handouts.
Assignment for Class #1 – Tuesday, Jan. 22 Please read pp. 1-9 in the book.
For Wednesday the 23rd we will discuss a series of news clippings about local land use issues which I will forward to you.
Legal Research - Edwards
First Research Small Groups meet on Tuesday, January 22
§0
1:00 Research Group 1 Patrick Shanahan Cartwright 206
1:00 Research Group 3 Conner Wasson Cartwright 203
2:00 Research Group 2 Alex Frazier Cartwright 213
§1
11:00 Research Group 6 Jacob Lantry Cartwright 213
1:00 Research Group 4 Lauren Van Waardhuizen Cartwright 202
1:00 Research Group 5 Maggie Hibbs Cartwright 205
1)Read chapter 4 in Iowa Legal Research and the week 1 introduction on TWEN. Complete the CALIs on Statutes and Treaties by Monday, January 28.
2) Legal Research class meets on Friday, January 25 at 11:00 (§400) or 10:00 (§401).
Week 2 – January 28 – February 1, 2013Research Small Groups meet on Monday, January 28
§0
10:00 Research Group 1 Patrick Shanahan Cartwright 205
11:00 Research Group 2 Alex Frazier Cartwright 213
11:00 Research Group 3 Conner Wasson Cartwright 205
§1
11:00 Research Group 6 Jacob Lantry Cartwright 201
1:00 Research Group 4 Lauren Van Waardhuizen Cartwright 206
1:00 Research Group 5 Maggie Hibbs Cartwright 205
1) Read the week 2 materials on TWEN. Complete the CALI by Thursday, January 31.
§400: Read chapter 7 in Iowa Legal Research.
§401: Read chapter 8 in Iowa Legal Research.
2) Legal Research class meets on Monday, January 28 at 9:00 (§400) or 12:00 (§401).
3) Legal Research class meets on Friday, February 1 at 11:00 (§400) or 10:00 (§401).
Mediation - Streit
Materials for Mediation:
The Practice of Mediation, 2d Edition,
• Douglas N. Frenkel & James H. Stark
• Published by Wolters Kluwer Law & Business
First Assignment Week 1: Tuesday, January 22, 2013
• Chapter 1: Study of Mediation;
• Introduction to Process and Skills
• Role of the Mediator
• Chapter 12: Ethics of Mediation
Negotiations - Reilly
ASSIGNMENT #1: Thursday, 1/24/13
| Subject Matter |
Resource |
Pages |
| Ethics in Nego. |
Folberg/Golann 2nd Ed. LAWYER NEGOTIATION: Theory, Practice, and Law |
211-226; 228-229 |
| Ethics in Nego. |
Problems: Colonial Confectioners, & Silent Negotiation |
handed out in class |
| Ethics (optional-for gunners only) |
Ethics violation case law re: negotiations
(any fed'l./state jurisdiction) |
For All: Email me a
brief statement about what you hope to learn from this course and why (e.g., skills improvement; techniques,tactics and strategies; ethics; nonverbal communication [your "tells" and those of opposing counsel]; fees and fair billing for nego. time; honesty vs. "truth-tweaking"; whatever ...) Email:
klcreilly@drake.edu by 10 a.m. Thursday, Jan. 24, 2013.
NOTICE: TEXTBOOKS ARE DUE TO ARRIVE FRIDAY, 1/18/13.
Nonprofit Organizations - Walker
In Fischman & Schwarz,
Nonprofit Organizations (4th ed. Foundation Press 2010), please read pages 1 - 24 for the first day of class, Wednesday, January 23.
For the second day of class, Thursday, January 24, please read pages 25 - 45.
Products Liability - Miller
For the first class on Tuesday, January 22, read pages 1-28 in the casebook. Also, go to TWEN and review the Syllabus and Administrative Details. The course is listed as Products Liability 2013, Miller. We will discuss the material, the syllabus, and the administrative details on Tuesday.
Property Law - Johnson
Welcome back – I hope each of you had an enjoyable and productive holiday. I am excited about this new semester and can’t wait to meet each of you.
For our first day of class, please read: (1) 1-8; 25-26 in John G. Sprankling & Raymond R. Coletta,
Property: A Contemporary Approach, FIRST EDITION (2009, West); (2) a handout from Michael Schwartz’s Expert Learning for Law Students, located on TWEN; and (3) the Syllabus, also located on TWEN.
Property Law - Rosenbloom
Welcome to Property Law. The assignment for the first day of class is to read pages 1-14 (through “Points of Discussion” (f)) in our casebook, SPRANKLING & COLETTA, PROPERTY: A CONTEMPORARY APPROACH (2nd edition West 2012). Also, please log onto our TWEN page and download and read Part I of the syllabus. We will review the syllabus on the first day of class. I look forward to meeting you shortly.
Research/Writing - Small Group 1 & 2 - Reel Schmidt
Legal Writing and Appelate Advocacy, Groups 1 & 2
Tues. Jan. 22 Introduction to Appellate Briefs (10-10:50)
Reading due:
• Slocum, Ch. 31.
• Steven D. Stark, Writing to Win Ch. 4 (TWEN).
Thurs. Jan. 24 The Types of Law Based Arguments (11-12:50)
Reading due:
• Wilson Huhn, The Five Types of Legal Arguments Chs. 2-7 & 10 (TWEN).
• C. Berry, Ethics and Appellate Process Ch. 2 (TWEN).
Suggested Supplemental Reading for Week 1: Mary Beth Beazley, A Practical Guide to Appellate Advocacy Ch. 3 (TWEN).
Research/Writing - Small Group 3 & 4 - Weresh
Legal Writing and Appelate Advocacy, Groups 3 & 4
Tues., 1/22 Appellate Briefs:
11-11:50 Introduction to the Appellate Process and the Appellate
Rm. 205 Record; Rhetoric and Persuasion
Reading due: Slocum, Ch. 31
Basic Civil Process (TWEN)
Steven D. Stark, WRITING TO WIN, Ch. 4 (TWEN)
Thurs., 1/24 Appellate Briefs:
10 – 11:50 Appellate Briefs: Types of Legal Argument; Theory of the
Rm. 203 Case; Summary of the Argument
Reading due: Slocum, Chs. 27, 28; Ch. 33, pp. 531-535 only
Weresh, Ch. 8, pp. 129-45
Helene S. Shapo, Marilyn R. Walter, Elizabeth Fajans, WRITING AND ANALYSIS IN THE LAW 5th ed., Ch. 11 (TWEN)
Bryan A. Garner, THE WINNING BRIEF: 100 TIPS FOR PERSUASIVE BRIEFING IN TRIAL AND APPELLATE COURTS 2d. ed., Tips 2 and 8 (TWEN)
Mary Beth Beazley, A Practical Guide to Appellate Advocacy, pp. 189-192 (TWEN)
Research/Writing - Small Group 5 & 6 - Shelton
Legal Writing and Appelate Advocacy, Groups 5 & 6
Reading due:
Slocum, Ch. 31
Anatomy of a Civil Suit (Supp. at 1-6)
C. Berry, Ethics and the Appellate Process (from Effective Appellate Advocacy: Brief Writing and Oral Argument (3d Ed.)) (Supp. 7-15)
Sustainability & the Law - Rosenbloom
Welcome to Sustainability & the Law. The assignment for the first day of class is to:
• Review the “Project Guide & Course Details” posted on TWEN. This document serves as our syllabus. We will review the Project Guide on the first day of class.
• Read Rebecca M. Bratspies, Sustainability: Can Law Meet the Challenge, 34 SUFFOLK TRANSNAT'L L. REV. 283 (2011) (edited version) posted on TWEN.
Because we will be working closely together, we’ll introduce ourselves on the first day. Be prepared to state why you are interested in sustainability, and what experience you may have with it. I’m looking forward to a thought provoking and productive semester.
Will Drafting for the General Practitioner - Begleiter
For Tuesday, Jan. 22, please read pages 1-8 in Lucy A. Marsh, DRAFTING WILLS AND TRUSTS (2009).
