6230 Evidence (3 or 4) Carter, Friedenthal, Kirkpatrick, Pierce, Saltzburg
Policies, principles, standards, and rules governing the trial of civil and criminal cases in federal and state courts. Topics may include relevancy, the hearsay rule, direct and cross examination of witnesses, opinion, scientific evidence, impeachment, privileges, writings, real and demonstrative evidence, judicial notice, confrontation and compulsory process, and burdens of proof and presumptions. (Examination; Pierce—skills)
6231 Advanced Evidence Seminar (2) Kirkpatrick
Advanced issues of evidence law, including jury decision making, eyewitness identification, predictions of future dangerousness, polygraph evidence, hypnotically refreshed testimony, recovered memory, syndrome and profile evidence, and complex issues of evidentiary privilege. (Research paper)
6232 Federal Courts (3 or 4) Todd, Tyler
The relationship of the federal courts to Congress and to the states. Topics may include judicial review; standing and justiciability; congressional power to regulate jurisdiction; legislative courts; federal question, diversity, removal, civil rights, and habeas corpus jurisdiction; state sovereign immunity; Supreme Court appellate jurisdiction; abstention; federalism doctrines; and federal common law. (Examination)
6234 Conflict of Laws (3) Friedenthal
Legal problems arising from occurrences transcending state or national boundaries; jurisdiction; foreign judgments; constitutional influences; theoretical bases of choice of law principles and their application to specific fields, including torts, contracts, property, family law, administration of estates, business associations. (Examination)
6236 Complex Litigation (3) Trangsrud
Analysis and critique of complex civil litigation in the state and federal courts. Examination of complex joinder, the management of factually related claims in multiple venues, modern class-action practice, and current developments in the law of claim and issue preclusion. Other topics covered in some years include judicial supervision of plaintiff and defendant class actions; discovery and judicial control of large cases; the role of juries, magistrates, and masters in complex cases; and problems attending complex remedies such as the use of structural injunctions to reform public schools, hospitals, and prisons. (Examination)
6238 Remedies (3) Schaffner
The types and forms of relief that judges can award in civil litigation: decisional and statutory damages in contract, quasi contract, and tort, including tort reform and wrongful death; overcoming limitations of actions and releases; injunctions as provisional and final relief; equitable remedies, such as specific performance, recission, and reformation; relief from fiduciaries; and tracing, constructive trusts, and equitable liens. (Examination)
6240 Litigation with the Federal Government (3) Axelrad
Major substantive aspects of litigation with the federal government. Topics include analysis of statutory schemes that permit and limit judicial remedies against federal agencies and officials; nonstatutory remedies; judicial review; monetary recoveries from the United States; special rules, including those pertaining to discovery and application of equitable principles; and consideration of the continued vitality of federal sovereign immunity. (Take-home examination)
6242 Military Justice (2) Schenck
The military justice system as a separate criminal justice system established by Congress due to the unique nature and mission of the U.S. Armed Forces. Policies, principles, standards, and rules governing the military justice process from investigation through trial and teh appellate process. Review of the commander's role throughout the system. Detailed review of substantive military criminal law and peculiarly military offenses. Analysis of military criminal procedure as well as alternate actions available to dispose of criminal misconduct cases, including administrative separations from the Armed Forces. Open to J.D. students; LL.M. students may enroll only with the permission of the instructor. (Examination)
6244 Comparative Military Law (2) Gilligan
Analysis and critique of the broad concept of a separate military justice system; similarities between rules of evidence and rules of criminal procedure in the military and civilian systems; the role of Congress in overseeing the military criminal system; application of the First, Fourth, Fifth, and Sixth Amendments to service members; and broad policy issues such as the systemic challenges to the military justice system. (Examination or research paper with permission of the instructor)
6246 Appellate Practice (2)
The philosophy and mechanics of the appellate process. The interplay or tension between procedural and substantive law, fact and law, merit and advocacy, deference and fairness, and the effect of these factors on the disposition of individual appeals and the clarification of law by appellate courts. (Research paper)
6248 Scientific Evidence Seminar (2) Blackmon
The use of scientific methods and the reliability of scientific principles in litigation. Topics include statistical proof, surveys, and epidemiological principles. Exploration of the admissibility and sufficiency of expert scientific testimony and evidence in light of recent Supreme Court cases, and application of these principles to lower court cases. Prerequisite: Law 6230. (Research paper)
6249 Civil Procedure Seminar (2)
Selected topics in civil procedure to be announced at the time of registration. Enrollment is limited. (Research paper)