First Assignments - Spring 2016
HomeStudents › First Assignments - Spring 2016 FaceBookTwitterYouTube

Administrative Law - Albert

Please see student email for first assignment.


Advanced Constitutional Law & Interpretation - Schor

First Assignment: Welcome to Advanced Constitutional Law and Interpretation. For the first class, read Daniel Farber, The Story of McCulloch: Banking on National Power, 20 CONST. COMM. 679 (2003). You only need to read the following pages: 679-690, 699-704, and 710-714.

Please also read The Federalist Nos. 14, 15, 37, and 51.

The readings for the first class can be downloaded from the web. The Daniel Farber article can be found here.

There are numerous sources for The Federalist but I want to you read the versions found in The Avalon Project: avalon.law.yale.edu/default.asp

If you Google, for example, Federalist No. 14 Avalon, that will take you straight to the paper you are to read. Do the same for 15, 37, and 51.

Goals:
(1) To discuss McCulloch as this is the most important case ever decided by SCOTUS. In a nutshell, the case discusses virtually all the big topics in constitutionalism. We will not read the case (you read it in your constitutional law case) but excerpts from a very fine article by Professor Daniel Farber.
(2) To discuss a few of the papers from The Federalist. They papers were written primarily by Hamilton and Madison, under the pen name of Publius, to convince the voters at the constitutional convention in New York to adopt the proposed plan of the convention (i.e., the Constitution). As you read the papers, ask yourself whether their attitude towards the Constitution is one that you share.

Questions for Farber, The Story of McCulloch:

(1) Why do scholars think this is the most important case ever decided by the Supreme Court?
(2) Why does the author begin with the historical setting for the case? What happened during the Revolution? What happened after the Constitution was adopted? What were the arguments made be Madison, Jefferson, and Hamilton regarding the First Bank of the United States?
(3) Should the political decision to charter the First Bank be considered “precedent” by the Court in McCulloch?
(4) What is the sovereignty issue decided by McCulloch? Is that issue settled today?
(5) What is the issue over the scope of federal power decided by McCulloch? Is that issue settled today?
(6) How did Justice Marshall interpret the Constitution? Is this how contemporary Justices interpret the Constitution?

Questions for The Federalist:

Federalist No. 14:
(1) What is the difference between a direct democracy and a republic? Why does Publius think this is an important issue in deciding whether to adopt or reject the Constitution?
(2) What is the attitude that Americans have towards constitutions in general? Why does Publius praise this attitude? Is this the attitude we should have to the Constitution?

Federalist No. 15.
(1) According to Publius, what were the defects of the Articles of Confederation that required writing a new Constitution as opposed to simply amending the old?
(2) The Articles of Confederation provided the following: “the Union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.” Article VII of the Constitution provides, however, that it would become law when 9 of the 13 states ratified it. Is the Constitution illegal?

Federalist No. 37
(1) According to Publius, what were the big problems facing the framers in writing the Constitution?
(2) Why, according to Publius, should his contemporaries accept the Constitution? What are the defects of the Constitution?

Federalist No. 51
(1) According to Publius, what is the key to understanding the plan of the Convention?
(2) Do you find Fed. No. 51 to be an accurate description of how the government operates today? Has the development of political parties changed how the government operates today?


Business Associations - Dore, M.

The Casebook for this course is: Epstein et al., Business Structures (4th ed. West Group 2015) (hereafter “Text”). The Statutory Supplement is: Klein et al., Business Associations 2015 Statutes and Rules (hereafter “Statutory Supplement”). Both should be in the University Bookstore. Since I used the Text and Statutory Supplement last semester, used copies should be available.

Please note: you will be permitted to bring the Statutory Supplement into the Final Exam so long as it is marked up only with your own writing. Thus, if you purchase a used copy of the Statutory Supplement, it should be a clean one. If you want to use an older edition of the Statutory Supplement from the last couple of years, those editions should work just as well as the 2015 edition, so long as the copy you buy is a clean one.

The reading assignments for the first week are as follows:

Asst. 1: Introduction to the For-Profit Entity
Text Reading: pp. 1-12 (up to B.); 25-26 (up to D.)
Other Reading: ALI Principles of Corp. Gov. § 2.01, cmts. a-b, e-f

Asst. 2: Agency Law 1
Text Reading: pp. 31-38 (up to 4.); 46-48 (up to 2.)
Other Reading: TWEN Supp. Part I; R2A §§ 140, 320, 321, 322, 326

Please note: The highlighted items listed in the Reading Assignments are links to documents available on Westlaw.

Please note also that the reference to “TWEN Supp.” in Asst. 2 is to a Supplement that will be made available through the BA Course TWEN Page—which I am still constructing. The TWEN Page will be completed by the end of the day on Friday, Jan. 15. Please look for the TWEN Supplement under the “Course Materials” heading.


Civil Procedure II - L. Doré

A. Required Texts: You should already have the Yeazell Casebook (8th ed.) and the 2015 Federal Rules of Civil Procedure. The syllabus for the remainder of the semester will soon be posted on my TWEN page for this course. The SUPPLEMENT materials will also be posted on TWEN.

B. Reading Assignment for Tuesday, Jan. 19:
  • CASEBOOK: Pages 17-20, 365-384
  • FEDERAL RULES 8 and 12(b)(6)

Conflict of Laws - L. Doré

Required Text: The text for this course is Lea Brilmayer, Jack Goldsmith, & Erin O’Hara O’Connor, CONFLICT OF LAWS: CASES AND MATERIALS (7th ed. 2015).

Assignment for Tuesday, Jan. 19:
  • Background and Introduction: Casebook pages xxv-14
  • TWEN SUPPLEMENT (Methodological Chart)
 

Constitutional Law I - Kende

Read pages 1-25 in the Seidman, Stone Constitutional Law casebook (seventh ed. 2013).

Please also read the U.S. Constitution which can be found on pages xli-lvi of the 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, the first 10 amendments to the Constitution, and section 1 of the Fourteenth Amendment.

(a) Which part of the Constitution do you think is the most important? Why?
(b) 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 - Kende

Read pages 3-36 in the casebook for the class, Current Issues in Constitutional Litigation (Carolina Academic Press 2015, second edition), by Sarah Ricks and Evelyn Tenenbaum.


Criminal Procedure I - McCord

Textbook is Learning Criminal Procedure by Simmons and Hutchins (West Academic, 2015).

First assignment (Jan. 21): Read the first portion of Ch. 1 up to subpart D on p. 7; Read the first portion of Ch. 2 up to subpart D on p. 24; Read Ch. 3.


Criminal Procedure II - Jurs

For the first class session on Jan. 19, read the following pages:
Sixth Amendment Right to Counsel: Types of Charges
Miller & Wright text, pages 1-19


Environmental Practice - Tormey

Textbook: Anderson & Hirsch, Environmental Law Practice (3d ed. 2010).

First assignment for Jan. 19:
Read Foreword, Introduction, and pp. 1-28
Answer Problems 1:1 through 1:3 for class discussion (i.e., not to hand in).


Ethics and Professional Responsibility - Yee

First Day Assignment:
Books: Schwartz, et al., Problems in Legal Ethics (11th Edition);
           Dzienkowski, PR Standards, Rules, and Statutes 2015-2016

1st week (Jan. 19): Read Schwartz, Chapters 1 and 2 (pages 1-74) and the following sections of the Model Rules of Professional Conduct: Preamble, Scope and Terminology, §§ 1.0, 1.14(b), 1.16(a), 4.4(b), 5.5, 7.5, 8.1, 8.2, 8.3, 8.4, 8.5

Please prepare the Discussion Problems for Chapter 1 only.

We will work through the Discussion Problems from Chapter 2 during the next week of class.


Evidence - Jurs

For the first class session on Jan. 21, read the following pages:
Federal Rules of Evidence
GF 1-19; GF FRE 606; Skim All Rules

Gaming Law - Miller

For the first class on Jan. 19 read pages 1-26 in Cabot and Miller, 2d edition, The Law of Gambling and Regulated Gaming. Information regarding the course will be available on TWEN soon.


Health Care Business Law & Compliance - Hill

Please come to the first class prepared to discuss the take home final exam from last term and to participate in the restraints health care legal research exercise that was also assigned last term. It has been emailed to you and will also be posted in the course site for everyone's convenience. The syllabus will be posted on the course Blackboard site which will open by the end of this week. I look forward to working with each of you this term.  Prof. Denise Hill


Legal Research II - Edwards

Week 1     Research Small Groups meet at special times on Tuesday, January 19 (and meet on Mondays thereafter):

TUESDAY, January 19

§400
10:00 Research Group 1 Kelly Nuckolls Cartwright 203
10:30 Research Group 2 Kylie Crawford Opperpan 282 (Selvy)
10:30 Research Group 5 Kelli Orton Opperman 261 (Perkins)

§401
11:00  Research Group 3   Alexis Warner      Opperman LL19               
11:00 Research Group 4 Levi Grove Cartwright 206

Friday, Jan. 22
Legal Research large sections meet in LL19 (9 or 10:10)
Read Chapter 4 in Iowa Legal Research.
Monday, Jan. 25
Legal Research classes meet – Large sections and small groups 
Read Chapter 7 in Iowa Legal Research.
CALIs on Statutes and Treaties due.
See Legal Research TWEN page for more details.


Legal Writing II - Pizzimenti

Tues, Jan. 19 Appellate Briefs: Introduction to Appellate Briefs, the Appellate Record, and Standard of Review Reading due: Slocum, Ch. 31, Ch. 34 (pp. 537-539 only)

C. Berry, Ethics and the Appellate Process pp. 21-29 (from Effective Appellate Advocacy: Brief Writing and Oral Argument (3d Ed.) (on TWEN)

Guobadin and Pogue, From Memo to Brief, Georgetown University Writing Center, pp. 1-8 (on TWEN)

Standard of Review Guide and Sample (on TWEN)

M. Hermann, Standard of Review article (on TWEN)


Legal Writing II - Weresh

Please note the TWEN readings are posted on my spring, Legal Writing II site:

For Tues., Jan. 19: Slocum, Ch. 31; Georgetown University Law Center, The Writing Center, From Memo to Brief (TWEN) ;

Basic Civil Process (TWEN);

Steven D. Stark, WRITING TO WIN, Ch. 4 (TWEN);

Teresa J. Reid Rambo, Leanne J. Pflaum, LEGAL WRITING BY DESIGN: A GUIDE TO GREAT BRIEFS AND MEMOS, Chs. 19-20 (TWEN).


Litigation & Risk Management -- Food & Agriculture - Zwagerman

Please read the following article for your first assignment:

www.dmcityview.com/cover-story/2016/01/06/wasted


Products Liability - Miller

For the first class on Jan. 19 read pages 1-24 in Henderson and Twerski, 7th edition, Products Liability: Problems and Process. Refer to Problem 1; skip Problem 2. Information regarding the course will be available on TWEN soon.


Property - Anderson

Book: Anderson & Bogart, Property Law: Practice, Problems and Perspectives (Aspen 2014).

1/20 Introduction: Property Policies pp. 1-17
1/21 Property Policies pp. 17-40
1/22 The Bundle of Sticks pp. 40-61


Secured Transactions - Dore, M.

The Casebook for this course is Rusch & Sepinuck, Problems and Materials on Secured Transactions (3d ed. West 2014) (hereafter "Text"). The Statutory Supplement is Selected Commercial Statutes for Secured Transactions Courses (West 2014 ed.) (hereafter, "Statutory Supplement").

Note re Statutory Supplement: earlier editions of the same supplement should work just fine. Also, if you took a class last year for which you purchased a recent commercial law supplement (e.g., Sales, Debtor-Creditor), you may be able to use that supplement instead of the one listed above. See me with any questions.

The first two reading assignments are listed below:

For Tuesday, Jan. 19

Please read pp. 1 – 23 in the Casebook. This is the first of a two-part introduction to the general topic of “debt collection.” There is a lot of information in this introduction, but do not be alarmed. We are not reading this material with the goal of learning all of the details provided, but instead to get a general background that will be helpful to understand the dynamics of a secured lending transaction.

The Illustration on p. 9 references the federal Fair Debt Collections Practices Act (FDCPA), which is included in the Statutory Supplement under the Consumer Credit Protection Act heading.

For Wednesday, Jan. 20:

Please read pp. 23 - 43 in the Casebook. For Problem 1-1 (pp. 26-27 of Casebook) consider the Michigan statute only and omit Part C.


Torts - Advanced Problems - Albert

First Day Class Assignment:
Read and Brief:
Vantine Studios, 373 N.W. 2d 512 (1985)
Nesler, 452 N.W. 2d 191 (1990)
Hunter, 481 N.W. 2d 510 (1992)
Revere, 595 N.W. 2d 751 (1999)
See student email for additional PDF reading.


Trial Advocacy - All Sections - Yee

First Day Assignment – Monday, Jan. 25, 4:30-5:20 p.m.

Book: Steven Lubet, Modern Trial Advocacy, Law School Third Edition

Please read pages 1-36 (Trial Basics & Case Analysis) and 353-406 (Closing Argument)

NOTE: All sections (Yee, Blink/Scott) will meet for this first class only (Jan. 25) at the Clinic Courtroom for required courtroom equipment training. All other Monday classes will be in Room 213.


Trial Advocacy - Yee

First Day Assignment – Jan. 19

Book: Steven Lubet, Modern Trial Advocacy, Law School Third Edition 

Read pages 1-36 (Trial Basics & Case Analysis)


Wills and Trusts - Hodges

Textbook: O’Brien & Flannery, Decedents Estates (2d ed. Carolina Academic Press).
First reading assignment is Pages 1-46 of the textbook but omit Smith v. Shaughnessy.

 
Last Modified: 1/15/2016 4:06:00 PM by Kayla Choate