Courts and Civil Litigation

6230 Evidence (3 or 4)   Carter, 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)   Ryan, Todd

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)   Steinhardt

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)   Transgrud

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)   Trangsrud

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 (2 or 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)

6246  Appellate Practice (2)

This course will: (1) examine the vital role of federal and state appellate courts in our legal system; (2) explore the substantive and procedural elements of appellate litigation; and (3) engage students in the study of appellate practice through assignments involving research, writing, analysis, advocacy, and advice. (Writing assignments and oral argument) (Skills)

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)

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