School of Law Catalog2006-2007

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Vol. 2007, No. 2, June 1, 2006 Periodical postage paid at Lawrence, KS 66045 THE UNIVERSITY OF KANSAS (USPS-077-620) is published four times per year, monthly May through August, by the University of Kansas Office of University Relations, University Relations Center, Wesley Building, 1314 Jayhawk Blvd., Lawrence, KS 66045-3176. POSTMASTER: Send address changes to THE UNIVERSITY OF KANSAS, Office of University Relations, University Relations Center, Wesley Building, 1314 Jayhawk Blvd., Lawrence, KS 66045-3176. This bulletin is for informational purposes and does not constitute a contract. School of Law Catalog 2006-2007

Transcript of School of Law Catalog2006-2007

Page 1: School of Law Catalog2006-2007

Vol. 2007, No. 2, June 1, 2006Periodical postage paid at Lawrence, KS 66045THE UNIVERSITY OF KANSAS (USPS-077-620) is published four times per year, monthly May through August, by the University of Kansas Office of University Relations, University Relations Center, Wesley Building, 1314 Jayhawk Blvd., Lawrence, KS 66045-3176.POSTMASTER: Send address changes to THE UNIVERSITY OF KANSAS, Office of University Relations,University Relations Center, Wesley Building, 1314 Jayhawk Blvd., Lawrence, KS 66045-3176.This bulletin is for informational purposes and does not constitute a contract.

School of LawCatalog 2006-2007

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AdministrationThe Kansas Board of Regents .............................................. 3The University of Kansas Administration ........................... 3

School of Law Administration ........................................ 3

The School of Law and Its ProgramsThe University of Kansas ...................................................... 4Nondiscrimination, Equal Opportunity,

and Affirmative Action Policy ................................... 4Students with Disabilities ..................................................... 5The School of Law ................................................................. 5Law School Programs ........................................................... 5

The First-year Curriculum .............................................. 5Upper-level Courses ........................................................ 5Clinical Programs ............................................................ 5International Study .......................................................... 5Accelerated Program ....................................................... 6Tribal Law and Government Center .............................. 6Elder Law LL.M. Program .............................................. 6Two-year J.D. Program .....................................................6

Law Faculty ............................................................................ 6Emeritus Faculty Members ............................................ 8Trial Advocacy Instructors ............................................. 8

Wheat Law Library ................................................................ 8Library Faculty Members ............................................... 9

Student Activities ................................................................... 9Student Organizations ..................................................... 9Publications ...................................................................... 9Moot Court and Other Competitions ............................ 9Computers ...................................................................... 10Law School Book Exchange ......................................... 10

Career Services .................................................................... 10Tuition and Financial Aid .................................................... 10

Tuition and Fees ............................................................ 10Residency Classification ................................................ 10

Academic InformationJ.D. Degree Requirements ................................................. 11

Credit-hour Requirement .............................................. 11Grade-point Average Requirement .............................. 11Required Courses .......................................................... 11“In Residence” Requirement ........................................ 11Writing Requirement ..................................................... 11Course Work Outside the School of Law .................... 11

Certificate Programs ........................................................... 12Elder Law Certificate Program .................................... 12Environmental and Natural Resources Law

Certificate Program ................................................. 12International Trade and Finance Certificate

Program .................................................................... 12Media, Law, and Policy Certificate Program .............. 12Tax Law Certificate Program ....................................... 12Tribal Lawyer Certificate Program .............................. 12

Joint Degree Programs ....................................................... 12

Academic RegulationsAttendance ............................................................................ 13Adding Classes ..................................................................... 13Dropping Classes.................................................................. 13Special Drop Rule ................................................................ 13Maximum and Minimum Load .......................................... 13Incomplete Classes .............................................................. 13Withdrawal and Readmission Following Withdrawal ...... 13Examinations ........................................................................ 14Grading System ................................................................... 14Clinic Rules ........................................................................... 14The Honor Code .................................................................. 14Exclusion and Probation ..................................................... 14

School of Law CoursesFirst-year Courses ............................................................... 15Upper-level Courses ............................................................ 15Course Prerequisites ........................................................... 23

Academic CalendarCalendar ................................................................................ 24

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Contents

THE UNIVERSITY OF KANSAS • 2006-2007 SCHOOL OF LAW CATALOG

Cover art: "The

Spirit of Laws"

by Stephen Johnson.

Oil on canvas.

Dedicated on

November 7, 2003,

in commemoration

of the law school's

125th birthday.

Photography by

University

Relations staff:

R. Steve Dick,

Doug Koch, and

Aaron Paden.

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The Kansas Board of RegentsRichard L. Bond, Overland ParkJanice B. DeBauge, EmporiaChristine Downey-Schmidt, InmanFrank Gaines, AugustaNelson Galle, ManhattanJames R. Grier III, WichitaDan Lykins, TopekaJanie Perkins, Garden CityDonna L. Shank, LiberalReginald Robinson, President and CEO

1000 Southwest Jackson St., Suite 520Topeka, KS 66612-1368www.kansasregents.org(785) 296-3421, fax: (785) 296-0983

The University of KansasAdministrationRobert Hemenway, ChancellorRichard Lariviere, Provost and Executive ViceChancellor, Lawrence campusBarbara Atkinson, Executive Vice Chancellor,Medical CenterPaul Carttar, Executive Vice Chancellor forExternal Affairs, Lawrence campusDavid Adkins, Vice Chancellor for External Affairs,Medical CenterLynn Bretz, Director of University Relations,Lawrence campusRobert M. Clark, Vice Chancellor, Edwards CampusWarren Corman, University Architect and Special Assistant to the ChancellorWilliam L. (Lindy) Eakin, Vice Provost for Administration and Finance, Lawrence campusSandra Gautt, Vice Provost for FacultyDevelopment, Lawrence campusShelley Gebar, Chief of Staff, Medical CenterTheresa K. Klinkenberg, Chief Business and Financial Planning Officer, Lawrence campus

Kate Lee, Director of University Relations, MedicalCenterJames Long, Vice Provost for Facilities Planning and Management, Lawrence campusKathleen McCluskey-Fawcett, Senior Vice Provost for Academic Affairs, Lawrence campusKaren Miller, Senior Vice Chancellor for Academic and Student Affairs, Medical CenterDennis Moss, University Director of Internal AuditLew Perkins, Director of AthleticsEdward Phillips, Vice Chancellor for Administration,Medical CenterJames Pottorff Jr., University General CounselAllen Rawitch, Vice Chancellor for Academic Affairs, Medical CenterJames A. Roberts, Vice Provost for Research andPresident and Chief Operating Officer, KU Centerfor Research, Lawrence campusMarlesa A. Roney, Vice Provost for StudentSuccess, Lawrence campusJoAnn Smith, Vice Provost for University OutreachDonald W. Steeples, Vice Provost for Scholarly Support, Lawrence campusDenise Stephens, Vice Provost for InformationServices and Chief Information Officer, LawrencecampusDeborah J. Teeter, University Director ofInstitutional Research and PlanningJames L. Voogt, Vice Chancellor for Research andPresident, Research Institute, Medical Center

School of Law AdministrationGail B. Agrawal, DeanEdwin W. Hecker Jr., Associate Dean, Academic AffairsCrystal Mai, Associate Dean, AdministrationEllen E. Sward, Associate Dean, ResearchCarrie English, Director, AdmissionsTodd Rogers, Director, Career Services

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Administration

THE UNIVERSITY OF KANSAS • 2006-2007 SCHOOL OF LAW CATALOG

The University of

Kansas is the only

school in Kansas

belonging to the

Association of

American Universi-

ties, a select group

of 62 leading higher

education in-

stitutions in the

United States and

Canada. Member

institutions are

chosen on the basis

of their national

significance in

graduate studies

and research.

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The School of Law and Its Programs

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The University of KansasThe University of Kansas is a major educa-tional and research institution with morethan 29,000 students and more than 2,200faculty members. It has 14 major academicdivisions: the College of Liberal Arts andSciences, the Graduate School, and theSchools of Allied Health, Architecture and Urban Design, Business, Education,Engineering, Fine Arts, Journalism andMass Communications, Law, Medicine,Nursing, Pharmacy, and Social Welfare.

The University of Kansas is accreditedby the North Central Association of Colleges and Schools, 30 North LaSalle St., Suite 2400, Chicago, IL 60602, (800) 621-7440.

For more information about the univer-sity, visit KU’s Web site, www.ku.edu.

Nondiscrimination, EqualOpportunity, and AffirmativeAction PolicyThe University of Kansas prohibits discrim-ination on the basis of race, color, religion,sex, national origin, age, ancestry, and dis-ability and veteran status, in accordancewith state and federal law. The universityalso prohibits discrimination on the basis ofsexual orientation, marital status, andparental status as a matter of policy. Dis-crimination is prohibited in employmentand all education programs and activities ofthe university and its affiliates. Sexual,racial, and ethnic harassment are forms ofdiscrimination that are also expressly pro-hibited by university policy.

The University of Kansas is committedto taking affirmative action in employmentand education programs for underutilizedgroup members and protected class citi-zens. The university also is committed toproviding equal opportunity in all aspectsof education and employment. Full texts ofuniversity policies related to nondiscrimina-tion, equal opportunity and affirmative ac-tion, sexual harassment, and racial and eth-nic harassment are available at www.hreo.ku.edu/policies_procedures/eo_aa_policies.

Inquiries regarding the affirmative ac-tion program, equal opportunity policy,nondiscrimination policy, and reports or al-legations of discrimination or harassmenton the Lawrence campus should be made toLinda Fund, assistant director, Department ofHuman Resources and Equal Opportunity,Carruth-O’Leary Hall, 1246 West CampusRd., Room 103, Lawrence, KS 66045-7505,(785) 864-3686, www.hreo.ku.edu.

Students with DisabilitiesThe School of Law makes appropriate ac-commodations for academically qualifiedstudents who have special needs becauseof disabilities. An applicant with a disabilitywho would like to know more about schoolor university services may contact the lawschool Office of Admissions, (866) 220-3654(toll-free) or [email protected]; or KU Disability Resources, (785) 864-2620(V/TTY) or www.disability.ku.edu; or both.

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Visit the School of Law online at www.law.ku.edu.

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The School of LawThe School of Law is an excellent place topursue professional legal education. Theschool’s primary mission is to prepare itsstudents to be outstanding members of thelegal profession, well educated in the law,with a commitment to professional achieve-ment and public service. The school edu-cates students in both the general principlesof law and the skills needed for practice in achanging legal environment. Students de-velop technical competence, pride in legalcraftsmanship, a sound sense of ethics andprofessionalism, and an appreciation for therole of law and of the practice of law in society.

The law school has a venerable historyand a commitment to educating for the fu-ture. Legal education at KU began in 1878,and the school was a charter member of theAssociation of American Law Schools. Since1924, it has had a chapter of Order of the Coif,a national law school honor society withchapters at leading law schools throughoutthe country. The law school is fully accred-ited by the American Bar Association.

Law School Programs

The First-year CurriculumFirst-year students take courses that ensurethey are well grounded in the subject matterthat lies at the heart of the Anglo-Americanlegal tradition and that provides a foundationfor upper-level classes and for the practiceof law. Two aspects of the first-year curricu-lum—the lawyering course and the small-section program—contribute immeasurablyto the process of learning the law at KU.

The lawyering course focuses on theskills and values of the profession. Taughtby faculty members with extensive practiceexperience who meet weekly with studentsin both a traditional classroom setting andsmall groups, the course introduces stu-dents to the tools all lawyers use and bringsthem to an understanding of the legal sys-tem and legal institutions, of case law and

statutes, of legal research and writing, andof advocacy.

All first-year students take one of theirother required courses in a small section ofapproximately 20 students. These classesprovide an informal learning atmosphereand encourage in-depth discussions andcritical analysis.

Upper-level CoursesMore than 100 courses are available toupper-level students, covering a broadrange of practice areas from agriculturallaw to the law of cyberspace. Many areseminars, simulation courses, or clinics.For curriculum guides to Business andCommercial Law, Constitutional Law, Criminal Law, Environmental and NaturalResources Law, General Practice, HealthLaw, Intellectual Property, InternationalLaw and Business, Litigation, Public Law,Sports and Entertainment Law, and TaxLaw, see the Academics section of the lawschool’s Web site, www.law.ku.edu.

Clinical ProgramsThe KU law school was a pioneer in clinicaleducation and today has one of thestrongest programs in the nation, offering acompetitive number of faculty-supervisedclinical opportunities. All law students havean opportunity to participate in at least oneof the school’s 10 clinics. KU’s law clinicsexpose law students to the tasks and chal-lenges faced by lawyers in practice. Lawstudents, acting under close faculty super-vision, learn substantive law, develop legalskills, and learn professional values in ac-tual practice settings.

The Criminal Prosecution Clinic givesstudents an opportunity to work with prose-cutors in Kansas state district attorneys’ of-fices as well as the office of the U.S. Attor-ney. They participate in virtually all phasesof the criminal process, including trial work.

In the Paul E. Wilson Defender Project,students counsel and represent state andfederal prisoners in appellate and post-con-viction litigation in state and federal courts.

In the Elder Law Externship, studentswork under the supervision of experiencedattorneys representing clients in matterssuch as income maintenance, access tohealth care, housing, social security, Medi-care/Medicaid, and consumer protection.

The Externship Clinic provides studentsan opportunity to perform legal work underthe supervision of a practicing attorney atpre-approved governmental agencies andpublic international organizations.

Students in the Judicial Clerkship Clinicserve as law clerks for state and federaltrial judges in the Kansas City area andTopeka as well as Lawrence.

Students in the Legal Aid Clinic repre-sent indigent citizens of Douglas County insettings including domestic relations, land-lord-tenant disputes, and other civil actions.They also serve as public defenders in mu-nicipal and juvenile court.

The focus of both the Legislative Clinicand the Public Policy Clinic is law-making.Students in the Legislative Clinic are as-signed as interns to state legislators duringthe spring legislative session. In the PublicPolicy Clinic, students undertake policystudies in response to requests from publicofficials.

Media Law Clinic students, under thesupervision of the clinic director, respondto questions presented by lawyers, policy-makers, publishers, and others concernedwith the media.

In the Tribal Judicial Support Clinic, stu-dents provide research assistance in an arrayof projects ranging from tribal code develop-ment to drafting memoranda and orders.

International StudyThe law school sponsors several studyabroad programs for its students. They in-clude (1) a one-semester program in Lon-don, through the London Law consortium,of which the law school is a founding mem-ber; (2) a summer program in Limerick,Ireland, in collaboration with the Universityof Limerick and the University of Ne-braska; and (3) a summer program in Istan-

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All law students have an opportunity to participate in at least one of the school’s

10 clinics.

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bul, Turkey. All have been approved by theAmerican Bar Association. In addition, KUhistory and law faculty members collabo-rate to sponsor a summer program in Cambridge, England, focusing on Anglo-American legal history. This program isopen to undergraduates and to entering lawstudents before they begin their studies inthe fall term of their first year of law school.KU law students also may choose fromamong numerous other ABA-approvedsummer study abroad programs.

Accelerated ProgramThe School of Law offers a summer pro-gram that is fully integrated with the cur-riculum of the fall and spring semesters.First-year students may begin their studiesin either the summer session or the fall se-mester. Students beginning law studies inthe summer session may, but are not re-quired to, complete their law degrees in 24months by being enrolled continuously intwo academic years and three contiguoussummer sessions. About one-third of thestudents in each year’s entering class begintheir studies in the summer.

The summer program consists of twoconsecutive five-week sessions that beginin mid-May and conclude at the end of July.Each course offered during the summermeets 80 minutes a day, five days a week.

A first-year student takes two requiredfirst-year courses in each session. At theend of the second session, the student hasaccumulated 10 of the 90 hours requiredfor graduation and is expected to accumu-late at least 42 credit hours by the end ofthe following spring semester.

In addition to first-year courses, severalupper-level courses usually are offered inthe summer. There are opportunities toparticipate in Legal Aid Clinic, DefenderProject, and Judicial Clerkship Clinic dur-ing both summer sessions. Almost all sum-mer session courses (including the clinics)carry 2.5 credit hours per session. Upper-level students may take two courses eachsession for a total of 10 credit hours. Enroll-

ment in more than 10 hours must be ap-proved by an associate dean.

Tribal Law and Government CenterThe Tribal Law and Government Centerprepares a new generation of advocates forcareers representing the legal interests ofindigenous nations and tribes. It provides aforum for research and scholarship on in-digenous legal and governance issues.

The center operates four programs. TheTribal Lawyer Certificate Program ensuresthat law students who plan careers repre-senting indigenous nations have the skillsnecessary to appreciate and strengthen theunique nature of their legal systems. TheTribal Law and Governance Conferencepromotes research and scholarship regard-ing the unique legal and governance issuesof indigenous nations. The Tribal JudicialSupport Clinic gives second- and third-yearstudents the opportunity to assist tribalcourt systems through a variety of projects.The joint degree program in law and in-digenous nations studies aspires to facili-tate the protection and strengthening of in-digenous sovereignty, self-determination,and self-sufficiency in indigenous nationsthroughout the Americas.

For more information about the center,see the Centers & Programs section of thelaw school’s Web site at www.law.ku.edu.

Elder Law LL.M. ProgramThe University of Kansas School of Lawhas been a pioneer in the development ofelder law as a legal specialty. Since 1995,KU law students have had an opportunityto serve senior citizens in the Elder LawExternship. If they complete requisitecourses, they may obtain a Certificate inElder Law upon graduation.

The Master of Laws program builds onthese strengths by expanding course offer-ings and clinical opportunities and incorpo-rating a faculty-supervised thesis focusedon an elder law topic. The program pro-duces graduates who are both knowledge-able and proficient in the law that affectselder citizens. The clinical component of

the program ensures that they have practi-cal experience in handling common legalproblems faced by the elderly population.

For more information about the program,see the Centers & Programs section of thelaw school’s Web site at www.law.ku.edu.

Two-year J.D. Program Students with foreign law degrees may pur-sue J.D. degrees through our Two-year J.D.Program for Foreign-trained Lawyers. Thisprogram can be an attractive option forsuch students and makes them more mar-ketable to employers that see the benefit ofhaving some of their attorneys bear full cre-dentials in two (or more) jurisdictions. Theforeign students/lawyers add a more cos-mopolitan flavor to classes and help createan excellent professional network for otherstudents and graduates.

For more information about the program,see the Admission section of the lawschool’s Web site at www.law.ku.edu.

Law FacultyThe law faculty is composed of honor grad-uates from law schools throughout thecountry. Virtually all have substantial expe-rience in private or public interest practice.Many served as judicial clerks—three asclerks to Supreme Court Justices.

Law faculty members are committed toexcellence in the classroom and to mentor-ing law students. Students are encouragedto consult their teachers regularly abouttheir progress in the study of law as well asabout career plans, job opportunities, andthe professional responsibilities of lawyers.Law faculty offices are scattered throughoutGreen Hall, and doors are open to students.

Faculty members enrich their teachingby researching and writing about the areasof law they teach. They regularly partici-pate in conferences and symposia, publishwidely in legal journals, and enjoy nationaland international recognition for the qualityof their work. Many have written importanttreatises and casebooks used at law schoolsaround the country.

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Gail B. Agrawal. Dean and Professor ofLaw. B.A., Univ. of New Orleans, 1978;M.P.H., Tulane School of Public Health andTropical Medicine, 1983; J.D., Tulane,1983. Health Care Law and Regulation,Professional Ethics.Rakesh (Raj) Bhala. Raymond F. Rice Distinguished Professor of Law. A.B.,Duke, 1984; M.Sc., London School of Economics, 1985; M.Sc., Oxford, 1986; J.D., Harvard, 1989. Comparative Law, International Trade Law, Islamic Law.Laura J. Bond. Lecturer in Law. B.S.,Northwest Missouri State, 1983; J.D.,Kansas, 1989. Corporate Compliance,Lawyering.Charles A. Briscoe. Associate Clinical Specialist. B.S., Kansas State, 1969; M.A.,J.D., Kansas, 1971, 1975. Legal Aid Clinic,Trial Advocacy.Judge Terry L. Bullock. Visiting Professorfrom the Judiciary. A.B., Kansas State,1961; J.D., Kansas, 1964. Professional Responsibility, Trial Advocacy.Elizabeth Seale Cateforis. Associate Clinical Specialist. B.A., Smith, 1985; J.D., Kansas, 1994. Capital Punishment, Defender Project.Shelley Hickman Clark. Associate ClinicalSpecialist. B.A., J.D., Kansas, 1971, 1976.Historic Preservation, Legal Aid Clinic.George C. Coggins. Frank Edwards TylerDistinguished Professor of Law. B.A., Central Michigan, 1963; J.D., Michigan,1966. Energy and Natural Resources Law,Environmental Law, Oil and Gas Law, Public Land Law.Michael J. Davis. Centennial Teaching Professor of Law. B.A., Kansas State, 1964;J.D., Michigan, 1967. Land Development,Lawyering, Property.Phillip E. DeLaTorre. Professor of Law.B.A., Kansas, 1975; J.D., Harvard, 1978. Estates and Trusts; Patent, Copyright, and Trademark Law; Property.Martin B. Dickinson. Robert A. SchroederDistinguished Professor of Law. B.A.,Kansas, 1960; M.A., Stanford, 1961; J.D.,Michigan, 1964. Estate Planning, Taxation.

Christopher R. Drahozal. John M. RoundsDistinguished Professor of Law. B.A.,Washington, 1983; J.D., Iowa, 1986. Commercial Arbitration, Commercial Law,Contracts.Judge Robert W. Fairchild. Lecturer inLaw. B.A., Texas Tech, 1970; J.D., Kansas,1973. Alternative Dispute Resolution.Robert L. Glicksman. Robert W. WagstaffDistinguished Professor of Law. A.B., Union,1973; M.A., Harvard, 1974; J.D., Cornell,1977. Administrative Law, EnvironmentalLaw, Natural Resources Law, Property.Webster L. Golden. Visiting Professor fromPractice. B.A., Kansas, 1966; J.D., Virginia,1969. Business Planning.David J. Gottlieb. Professor of Law. B.A.,Oberlin, 1969; J.D., Georgetown, 1974. Crim-inal Law, Criminal Procedure, InternationalHuman Rights, Professional Responsibility.John W. Head. Professor of Law. B.A., Missouri, 1975; B.A. Juris, Oxford, 1977;J.D., Virginia, 1979. Comparative Law, International Commerce and Investment,Public International Law.Edwin W. Hecker Jr. Associate Dean, Academic Affairs, and Professor of Law.B.A., Oakland, 1966; J.D., Wayne State,1969; LL.M., Harvard, 1970. Business Associations, Estates and Trusts.Laura J. Hines. Professor of Law. A.B., Brown, 1987; J.D., Michigan, 1991.Civil Procedure, Complex Litigation.Michael H. Hoeflich. John H. and John M.Kane Distinguished Professor of Law. B.A.,M.A., Haverford, 1973; M.A. (by Grace),Ph.D., Cambridge, 1976, 2001; J.D., Yale,1979. Contracts, Copyright, CyberspaceLaw, Law and the Arts, Legal History, Professional Responsibility.M.A. Kautsch. Professor of Law. B.A., J.D.,Iowa, 1968, 1971. Media Law, Media LawClinic, Torts.Pamela V. Keller. Associate Clinical Specialist. B.A., Pennsylvania, 1990; J.D.,Kansas, 1993. Judicial Clerkship Clinic,Lawyering, Moot Court.Stacy L. Leeds. Associate Professor ofLaw. B.A., Washington University, 1994;

J.D., Tulsa, 1997; LL.M., Wisconsin, 2000.Federal Indian Law, Native American Natural Resources, Property, Tribal Lawand Process.Richard E. Levy. Professor of Law. B.A.,M.A., Kansas, 1978, 1980; J.D., Chicago,1984. Administrative Law, ConstitutionalLaw, Legislative and Public Policy Clinics.Fred B. Lovitch. Professor of Law. B.S.,LL.B., Pennsylvania, 1962, 1965. BusinessAssociations, Securities Regulation.Judge John Lungstrum. Visiting Professorfrom the Judiciary. B.A., Yale, 1967; J.D.,Kansas, 1970. Contracts.Stephen W. Mazza. Professor of Law. B.S., Samford, 1989; J.D., Alabama, 1992;LL.M., New York, 1993. Tax Policy, TaxProcedure, Taxation.Stephen R. McAllister. Professor of Law.B.A., J.D., Kansas, 1985, 1988. Constitu-tional Law, Constitutional Litigation, Torts.Suzanne Carey McAllister. Associate Clinical Specialist. B.S., Nevada (LasVegas), 1991; J.D., Kansas, 1996. CriminalProsecution Clinic, Practice in Kansas, Pretrial Advocacy.Joyce A. McCray Pearson. Associate Professor of Law and Director, Law Library.B.A., Wichita State, 1980; J.D., Washburn,1989; M.L., Washington, 1990. AdvancedLegal Research, Law and Literature.Sandra Craig McKenzie. Professor of Lawand Director, Elder Law LL.M. Program.B.A., J.D., New Mexico, 1971, 1974. Alternative Dispute Resolution, Local Government, Property.Jerry A. Menikoff. Associate Professor of Law and Medicine. A.B., M.P.P., J.D.,Harvard, 1973, 1977; M.D., Washington,1986. Law and Bioethics.Keith G. Meyer. E.S. and Tom W. HamptonDistinguished Professor of Law. B.A., Cornell College, 1964; J.D., Iowa, 1967.Agriculture Law, Commercial Law.John C. Peck. Connell Teaching Professorin Kansas Law. B.S., Kansas State, 1968;J.D., Kansas, 1974. Contracts, Family Law,Land Transactions, Water Law.

THE UNIVERSITY OF KANSAS • 2006-2007 SCHOOL OF LAW CATALOG

The law faculty is composed of honor graduates from law schools throughout the

country. Virtually all have substantial experience in private or public interest practice.

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Jean Phillips. Associate Clinical Specialist.B.A., Augustana, 1987; J.D., Kansas, 1990.Criminal Practice in Kansas, Criminal Pro-cedure, Defender Project.Dennis D. Prater. Connell Teaching Professor in Kansas Law. B.A., J.D., Kansas,1969, 1973. Advanced Litigation, Evidence.Elinor P. Schroeder. Paul. E. Wilson Distinguished Professor of Law. B.A., J.D., Michigan, 1968, 1974. Disability Law, Employment Discrimination Law, Employment Law, Labor Law.Elizabeth Brand Six. Lecturer in Law. B.A., Indiana, 1989; J.D., Stanford, 1992.Lawyering.Thomas G. Stacy. Professor of Law. B.A.,J.D., Michigan, 1980, 1983. Conflict ofLaws, Constitutional Law, Criminal Law,First Amendment.W. Thomas Stratton Jr. Lecturer in Law.B.G.S., Kansas, 1979; J.D., Washburn, 1984.Elder Law Externship.Ellen E. Sward. Associate Dean, Research,and Professor of Law. B.A., Cincinnati,1970; J.D., Harvard, 1979. Civil Procedure,Federal Courts.Judge Deanell Reece Tacha. Visiting Professor from the Judiciary. A.B., Kansas,1968; J.D., Michigan, 1971. Advanced Appellate Advocacy.Andrew W. Torrance. Associate Professorof Law. B.Sc., Queen’s Univ. (Ontario),1991; A.M., Ph.D., J.D., Harvard, 1994,1997, 2000. Intellectual Property.Stephen J. Ware. Professor of Law. B.A., Pennsylvania, 1987; J.D., Chicago,1990. Alternative Dispute Resolution, Bankruptcy, Commercial Law, Contracts.Elizabeth A. Weeks. Associate Professor of Law. B.A., Columbia, 1993; J.D., Georgia,1999. Health Law and Policy, Public Benefits Law, Torts.William E. Westerbeke. Professor of Law.B.A., Bowdoin, 1964; M.A., Middlebury,1968; J.D., Stanford, 1970. Products Liability, Torts, Workers’ Compensation.

For more information about the law faculty members and their activities, go tothe Faculty section of the law school’s Website at www.law.ku.edu.

Emeritus Faculty MembersRobert C. Casad. John H. and John M.Kane Distinguished Professor Emeritus ofLaw. B.A., M.A., Kansas, 1950, 1952; J.D.,Michigan, 1957; S.J.D., Harvard, 1979.Francis H. Heller. Roy A. Roberts Distin-guished Professor Emeritus of Law. M.A.,J.D., Ph.D., Virginia, 1941, 1941, 1948.William A. Kelly. Professor Emeritus ofLaw. B.A., LL.B., Kansas, 1942, 1949.

Trial Advocacy InstructorsEric D. Barton. Private practice, KansasCity, Missouri.Thomas Cartmell. Private practice, Kansas,City, Missouri.William P. Coates Jr. Private practice,Prairie Village, Kansas.Scott Gyllenborg. Private practice, Olathe,Kansas.Judge Michael Malone. District Court of Douglas County, Lawrence, Kansas.Judge Patrick McAnany. Kansas Court of Appeals.Sheri P. McCracken. Assistant U.S. Attorney, Kansas City, Kansas.John Nitcher. Private practice, Lawrence,Kansas.Judge James P. O’Hara. U.S. Magistrate,Kansas City, Kansas.Dionne Scherff. Private practice, Olathe,Kansas.

Wheat Law LibraryNamed for alumnus Douglas D. Wheat,class of 1974, the law library occupies acentral place in Green Hall and in the life oflaw students. With its collection of nearly400,000 volumes and 4,500 active serial ti-tles, the library is an important legal re-search facility throughout the region.

In its mission to support the teaching program of the law school, its hallmark isexcellent service to students and faculty.The library is among the top five lawschool libraries in the nation for hours ofreference service provided. Law library faculty teach in the lawyering program,serve as individual liaisons to lawyeringsmall sections, and offer courses in ad-vanced legal research and advanced legalresearch special topics. In addition topreparing subject research guides, theyprovide research assistance in person, bytelephone, and by e-mail. They are availableand accessible to students.

Students find a rich collection of printand specialized electronic legal resourcesin the law library. It provides study spacefor individual students, work areas forgroup projects, and a designated quietfloor. The wireless network allows studentsto access the Internet, numerous legal data-bases including Westlaw, Lexis, Hein On-line, CALI, specialized electronic re-sources, and to print to high-speed printersfrom anywhere in the building. Studentshave access to the KU libraries’ 3.8-million-volume collection and extensive interdisci-plinary resources on and off campus.

The library also educates and trains law librarians, information specialists, attorneys, and other professionals seekinga career or advancement in legal informa-tion management. In February 2003, thelaw library, law school, and Emporia StateUniversity’s School of Library and Informa-tion Management launched a collaborativeLegal Information Management Program.It offers three options: a master’s degree inLegal Information Management (50 credithours), a Graduate Certificate in Legal In-formation Management (15 credit hours),and a Nondegree Status Certificate in LegalInformation Management. For more infor-mation on this exciting opportunity and toreceive a catalog, contact Joseph Custer,(785) 864-9262 or [email protected].

THE UNIVERSITY OF KANSAS • 2006-2007 SCHOOL OF LAW CATALOG

With a collection of nearly 400,000 volumes, the Wheat Law Library is among the

top five law school libraries in the nation for hours of reference service provided.

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Each year, the School of Law sponsors teams in specialized moot court and mock

trial competitions across the nation.

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Library Faculty MembersCarolyn Clark. Instructional and ResearchServices Attorney. B.S., Florida, 1988; J.D., Kentucky, 1994.Joseph A. Custer. Associate Director, Law Library, and Collection DevelopmentLibrarian. B.A., Northern Iowa, 1983; J.D.,Arkansas, 1989; M.A., Missouri, 1991.Katherine Greene. Automation and Acquisitions Librarian. B.A., Kansas, 1989; M.L.S., Emporia State, 2004.Joyce A. McCray Pearson. Associate Professor of Law and Director, Law Library. B.M.E., Wichita State, 1980; J.D.,Washburn, 1989; M.L., Washington, 1990.Christopher Steadham. Reference and Research Services Attorney. B.A., J.D.,Kansas, 2001, 2004. Pamela M. Tull. Outreach Services Librarian.B.S., M.L.S., Emporia State, 1975, 1994.

For more information about the libraryand its services, explore the library’s Website at www.law.ku.edu/library.

Student Activities

Student OrganizationsOutside the classroom, student organiza-tions provide a focus for service as well associal activities and professional develop-ment. The Student Bar Association is anumbrella organization sponsoring eventsthat range from blood drives to the Barris-ters’ Ball. Each class elects officers to planactivities and represent the class.

In a program that may be unique to KU,law students serve the university commu-nity and develop litigation skills throughparticipation in the Traffic Court, whichhandles all appeals from campus parkingtickets. Students serve as prosecutors, defense counsel, and judges.

The following organizations are currentlyactive:• American Constitution Society• Asian Law Students Association• Black Law Students Association

• The Brief Brief• Christian Legal Society• J. Rueben Clark Law Society• Criminal Law Society• Environmental Law Society• Federalist Society• Hispanic American Law Student

Association• International Law Society• Kansas Tax Society• KU Real Estate Club• Native American Law Students

Association• Nontraditional Students in Law• OUTLaws (LGBT)• Phi Alpha Delta• Public Interest Law Society• Saint Thomas More Society• Sports and Entertainment Law Society• Student Ambassadors• Student Bar Association• Traffic Court• VITA• Women in Law

Some activities sponsored by student organizations—like the Black Law StudentsAssociation Thanksgiving food drive andWomen in Law’s Pub Night—are significantcomponents of law school tradition and in-volve the whole student body. Law studentsalso participate in campus chapters of suchorganizations as Amnesty International,Big Brothers/Big Sisters, Douglas CountyRape Victim—Survivor Service, andKansas Special Olympics.

There are opportunities in Green Halland on campus for fellowship and service,no matter what a student’s interest. See the Student Life section of the law school’sWeb site at www.law.ku.edu for more infor-mation about student organizations.

PublicationsTwo student-edited scholarly publications,the Kansas Law Review and the KansasJournal of Law and Public Policy, allow stu-dents to delve deeply into areas of law thatinterest them, hone their writing, and ex-pand their editing skills. Staff members are

chosen each spring by way of writing com-petitions and receive course credit for theirwork on these publications. For more infor-mation, see the Publications section of thelaw school’s Web site at www.law.ku.edu.

Moot Court and OtherCompetitionsThe law school has a rich array of mootcourt programs from which to choose.Some are courses, and some are extracur-ricular activities.

Second-year students may participate inthe school’s annual Moot Court Competi-tion where, in teams of two, they argue achallenging case under Supreme Courtconditions and often to Supreme Court Jus-tices. In recent years, Justice ClarenceThomas has twice judged the final round ofcompetition, along with distinguished fed-eral court of appeals, district, and statecourt judges. Top-placing teams go on torepresent the school in the National MootCourt Competition and a number of othernationwide competitions, including theCriminal Procedure Moot Court, the Du-berstein Bankruptcy Moot Court Competi-tion, the ELSA International Trade MootCourt, the First Amendment Moot CourtCompetition, the National Health Law MootCourt Competition, and the Pace Environ-mental Law Moot Court Competition. Thestudents selected to represent the school inthese seven nationwide competitions alsobecome members of the Moot Court Coun-cil and assist in administering the spring in-house competition their third year.

Each fall, students participate in the International Law Moot Court Competition.The students who perform best representthe law school in the regional competitionof the Jessup International Law Moot CourtCompetition. Teams winning at the re-gional level—and KU teams have been con-sistently successful—advance to the inter-national competition in Washington, D.C.

Each year, the school sponsors teams inadditional specialized moot court and mocktrial competitions across the nation. KU

THE UNIVERSITY OF KANSAS • 2006-2007 SCHOOL OF LAW CATALOG

Page 10: School of Law Catalog2006-2007

Current information about law school tuition (resident and nonresident) rates

and the campus fee, which all law students pay each semester, is found at

www.tuition.ku.edu or www.registrar.ku.edu/fees.

10

teams have participated in the NativeAmerican Law Students Moot Court, theCriminal Law Moot Court, the IntellectualProperty Moot Court, the American TrialLawyers Competition, and the ABA ClientCounseling Competition.

ComputersOwnership of a computer, especially a notebook, is a significant asset for a law student. Computers are increasingly impor-tant to the study and practice of law, andthe law school is committed to providingthe technology and support today’s law students need.

A state-of-the-art wireless network al-lows students to access the Internet and e-mail from anywhere in the law school, including all classrooms. In addition, com-puters and network connections are avail-able throughout the library. The law schoolprovides software and support for all Inter-net and Intranet use.

Individual faculty members may allowuse of computers on their examinations,with or without examination software. Spe-cific rules governing the use of computerson examinations may be developed individ-ually or collectively by faculty members.Students are notified before enrollment ofthe courses in which the option of using acomputer on the examination is available.

The Technology section of the lawschool’s Web site, www.law.ku.edu, pro-vides additional information about technol-ogy at the law school and recommenda-tions for students acquiring a computer.

Law School Book ExchangeStudents in the School of Law operate anonprofit book exchange service in the stu-dent commons on the first floor of GreenHall. Students may purchase textbooks, re-lated study materials, and supplies from thebook exchange. Policies of the book ex-change are set by a board of directors com-posed of students and faculty members.

Career ServicesA major component of the law school’s mission is helping students find meaningfulemployment upon graduation. Career coun-seling is a high priority and begins duringthe first semester of law school. The staff ofthe Office of Career Services meet with allfirst-year students in groups of three to dis-cuss programs and opportunities. A mentorprogram matches first-year students withalumni who provide advice on careers andthe transition into practice.

Group workshops and individual advis-ing sessions help students explore careeroptions and develop job-seeking skills. Ex-cellent resource materials for career plan-ning and placement are available, and staffmembers are knowledgeable about onlineresources.

KU law students are highly sought afterby employers throughout the state, region,and nation. Law firms, government agen-cies, public interest groups, and other em-ployers seeking summer interns and gradu-ating students send representatives to in-terview at the law school or contact theschool with information about openings.

The range of positions open to studentsand graduates is broad. Many join privatelaw firms. Some firms specialize in corpo-rate and transactional work, trial work, orcriminal defense, but most are generalpractice firms. Many graduates enter gov-ernment service working at the federal,state, or local level. They become prosecu-tors or public defenders or work in agen-cies such as the Environmental ProtectionAgency, the Kansas Attorney General’s of-fice, or the Securities Exchange Commis-sion. Still other graduates accept judicialclerkships, usually for a year or two aftergraduation, working for state or federal appellate or trial courts.

Public interest work in legal services organizations or in organizations workingfor social change is attractive to many grad-uates. Law school graduates have joined organizations ranging from Kansas LegalServices to Public Citizen. Some students

choose graduate study, military service, or careers in legal or nonlegal positions in businesses.

KU graduates have been highly success-ful in passing Kansas and Missouri bar ex-aminations and have performed extremelywell on examinations in other states, includ-ing California and New York. The Office ofCareer Services provides up-to-date infor-mation on bar requirements for all states.Law school applicants should secure infor-mation about character, fitness, and otherqualifications for admission to the bar instates in which they intend to practice.

For more information, explore the Career Services section of the law school’sWeb site at www.law.ku.edu.

Tuition and Financial Aid

Tuition and FeesCurrent information about law school tuition (resident and nonresident) rates and the campus fee, which all law studentspay each semester, is found at www.tuition.ku.edu or www.registrar.ku.edu/fees.

Tuition and fees entitle the student to course instruction, dispensary care for ordinary illnesses and special medicalcare at nominal rates, the use of the Kansasand Burge Unions, a copy of The UniversityDaily Kansan, and admission at reducedprices to most campus events, such as concerts, plays, films, lectures, and athleticevents.

Residency ClassificationStudents are classified as resident or non-resident based on information provided onthe application for admission. The determi-nation of residency status is made by theOffice of the University Registrar in accor-dance with Kansas regulations. This clas-sification makes a difference in the cost of attending the School of Law. If you havequestions about your residency status, con-tact the Office of the University Registrar at(785) 864-4472, www.registrar.ku.edu.

THE UNIVERSITY OF KANSAS • 2006-2007 SCHOOL OF LAW CATALOG

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Academic Information

11

J.D. Degree RequirementsThe degree Juris Doctor (J.D.) is conferredon candidates who have • completed a minimum of 90 credit hours;• achieved a minimum cumulative grade-

point average of 2.0 (C) during the semes-ter in which they complete 90 credit hours;

• taken and completed all required courses;• satisfied the “in residence” requirement;• satisfied the writing requirement; and• completed all requirements within five

years of initial enrollment (see With-drawal and Readmission FollowingWithdrawal on page 13).

Credit-hour RequirementEach student must complete a minimum of 90 credit hours. Course work in areasother than law is subject to the limitationdescribed under Course Work Outside theSchool of Law, below.

Grade-point Average RequirementDuring the semester in which the studentattains 90 credit hours, he or she must haveachieved a minimum cumulative grade-pointaverage of 2.0 (C) in all law school work.Grades for courses taken in areas otherthan law are not computed in the School of Law cumulative grade-point average.

Required CoursesTo qualify for the J.D. degree, a student musthave completed satisfactorily the following:• All first-year courses listed in the School

of Law Courses section of this catalog,• Commercial Law: Secured Transactions,• Constitutional Law,• Evidence,• Professional Responsibility.

Professional Responsibility must becompleted by the time the student finishes60 hours of law school credit.

Upper-level required courses should be taken in the second year of law school.Waiting to take these courses until thethird year will cause class conflicts betweenthese required courses and courses tradi-tionally taken by third-year law students.

“In Residence” RequirementThe 90 credit hours required for the J.D.degree must be earned during a course of study in residence at the School of Lawextending over a period of not less than 24 months. See also Maximum and Minimum Load on page 13.

Writing RequirementEach student must satisfy the upper-levelwriting requirement by• the successful completion of 2 hours of

independent research;• the successful completion of a 2- or

3-hour course that involves close facultysupervision of writing, as certified bythe faculty member; or

• publication of a student note or commentin the Law Review or Journal, or comple-tion of a paper publishable in the Law Review or Journal, as certified by the editor-in-chief and by the faculty adviser.All written work must be of at least C

quality to satisfy the upper-level writing requirement.

Course Work Outside the Schoolof LawA student who is not enrolled in a joint de-gree program may take up to 6 hours ofgraduate-level courses outside the Schoolof Law for credit toward a law degree, pro-vided an associate dean approves thecourse work in advance as relevant to thestudent’s education as a lawyer. A studentseeking credit toward a law degree formore than 6 hours of courses outside theSchool of Law must petition the academiccommittee for approval. In such instances,the entire group of courses from outsidethe School of Law must be relevant to thestudent’s education as a lawyer. A studentmust receive a grade of B or better to re-ceive J.D. credit for any such graduate-levelnonlaw courses. However, grades for suchcourses are not computed in the School ofLaw cumulative grade-point average.

A student in good standing may, withthe advance approval of an associate dean,take law courses at another law school ac-credited by the American Bar Association.

If the student successfully completes suchcourses, not more than 30 hours of thecredit will be transferred and will becounted toward the 90 credit hours re-quired for the J.D. Time spent at anotherinstitution will count as study in residencefor the purpose of the “in residence” re-quirement, but grades in courses taken atthe other institution will not be computedin the KU law school cumulative grade-point average.

A student at another law school accred-ited by the American Bar Association mayapply for admission with advanced stand-ing. If admitted, such a student may trans-fer not more than 30 credit hours of lawcourse work completed successfully at theother law school toward the 90 credit hoursrequired for the J.D. degree. Grades forcourse work completed at the other lawschool are not computed in the KU lawschool cumulative grade-point average.

For purposes of the two preceding para-graphs, a grade of C (or equivalent) or bet-ter is necessary in each course for whichtransfer credit is sought. In no event may astudent count more than 30 credit hoursearned at other law schools toward the 90hours required for the J.D. degree.

THE UNIVERSITY OF KANSAS • 2006-2007 SCHOOL OF LAW CATALOG

Page 12: School of Law Catalog2006-2007

Certificate programs allow students to focus on an area of law and develop

expertise in it.

12

Certificate ProgramsThe law school offers six certificate programs: Elder Law; Environmental andNatural Resources Law; InternationalTrade and Finance; Media, Law, and Policy;Tax Law; and Tribal Lawyer. Each allowsstudents to focus on an area of law and develop expertise in it. The requirementsfor each program are in the Academics section of the law school’s Web site atwww.law.ku.edu. During their first year oflaw school, students must notify the associ-ate dean for academic affairs of their inten-tion to meet certificate requirements.

Elder Law Certificate ProgramThe percentage of Americans over 60 hasbeen growing steadily and significantly.The Elder Law Certificate program allowsstudents to focus on the substantive lawupon which an elder law practice is basedas well as on the unique issues relevant toclient counseling and professionalism whendealing with this expanding population.Participation in the Elder Law Externshipis one of the requirements of the program.

Environmental and NaturalResources Law CertificateProgramSince the inception of modern environmen-tal and natural resources law in the late1960s and 1970s, the field has become in-creasingly important, both in its own rightand as a result of the frequency with whichenvironmental and natural resources law issues intrude into other, more traditionalfields of practice such as real estate, insur-ance, and corporate law. The Environmen-tal and Natural Resources Law Certificateexposes students to the basics of this con-stantly changing area of practice so thatthey become competent to address environ-mental and natural resources law issues inwhatever contexts they arise. Among theprogram’s requirements is participation inone of several available clinical or writingprograms, including the Legislative Clinic,the Public Policy Clinic, an externship withthe Kansas City regional office of the Envi-ronmental Protection Agency or a local en-

vironmental or natural resources law publicinterest group, or preparation of an Inde-pendent Research project or a note or com-ment on a relevant topic for the Kansas LawReview or the Kansas Journal of Law andPublic Policy.

International Trade and FinanceCertificate ProgramLegal practice is global in character. Aspart of its International and ComparativeLaw Program, the law school provides stu-dents an opportunity to undertake specialpreparation for such practice—and in par-ticular to study the business nature of thatpractice—by earning a Certificate in Inter-national Trade and Finance. The certificaterequires at least 20 credit hours of special-ized work that meets these four elements:(1) a cluster of four core courses emphasiz-ing the law and policy of international trade,commerce, and development; (2) a compar-ative law course; (3) a business sectorcourse on legal issues concerning a specificsector of the U.S. or world economy; and(4) a substantial writing project on a topicrelating to international trade and finance.

Media, Law, and Policy CertificateProgramPrivate enterprise and governmental insti-tutions increasingly depend on, and are af-fected by, communications media. As a re-sult, legal representation in both the privateand public sectors is enhanced by an understanding of media influence on thedevelopment and administration of law andpublic policy. The Media, Law, and PolicyCertificate focuses on legislative chal-lenges, judicial decision-making, and ad-ministrative policy in an era increasinglyshaped by information technologies, globalnetworks, and the media. The program’srequirements include participation in twoof these three clinics: Public Policy Clinic,Legislative Clinic, Media Law Clinic.

Tax Law Certificate ProgramThere is a growing demand for attorneyswith expertise in the tax field. Completionof the tax law certificate requirements al-

lows students to develop the practical andtechnical skills needed to build successfulcareers. Certification also assures employ-ers that the student not only has a masteryof basic principles of individual and entitytaxation but has been exposed to many ofthe intricacies of tax law and practice. Oneof the program’s requirements is a mini-mum of 20 hours of participation in an In-ternal Revenue Service-sponsored Volun-tary Income Tax Assistance program or asimilar nonprofit tax assistance program.

Tribal Lawyer Certificate ProgramEffectively representing Indian nations andtribes requires an understanding of the ex-tremely complicated body of federal, state,and tribal law that affects every aspect ofindigenous societies. The Tribal LawyerCertificate program ensures that law stu-dents who plan careers representing in-digenous nations have the skills necessaryto appreciate and strengthen the unique nature of tribal legal systems and govern-ments. Among the program’s requirementsis an internship with a tribal legal depart-ment or a private or public interest lawfirm specializing in Indian law or participa-tion in the Tribal Judicial Support Clinic.

Joint Degree ProgramsThe law school offers eight joint degree programs: law and business, economics,health services administration, indigenousnations studies, philosophy, public adminis-tration, social welfare, and urban planning.These programs permit a student to re-ceive a master’s degree and a juris doctordegree in less time than it would take if theprograms were pursued separately. In allcases, a student must be admitted to thelaw school and the other school or depart-ment. In the case of the joint law and busi-ness program, an applicant must take theGraduate Management Admission Test aswell as the Law School Admission Test. Formore information on the joint degree pro-grams and the requirements for each pro-gram, see the Academics section of the lawschool’s Web site at www.law.ku.edu.

THE UNIVERSITY OF KANSAS • 2006-2007 SCHOOL OF LAW CATALOG

Page 13: School of Law Catalog2006-2007

Academic Regulations

13

AttendanceRegular class attendance is a fundamentalpart of legal education. Instructors mayadopt individual attendance policies, whichthey must announce no later than the firstclass session of the course affected. Noattendance policy may impose any sanctionunless a student’s unexcused absencesfrom class exceed the number of hours of credit given for the course plus one, andno sanction may be more stringent than im-position of a failing grade for the course.

Adding ClassesA student may add classes only in the firsttwo weeks of the semester. After the sec-ond week of classes (fifth day in a summersession), classes may be added only withthe express approval and signatures of anassociate dean and the instructor of thecourse in question. Students contemplatingadding a course after the course has begunshould understand that they may be at asignificant disadvantage.

Dropping ClassesA student may drop a class no later thanthe last day of classes in the semester orsummer session. Enrollment in that classwill be canceled and will not appear on thestudent’s record.

Special Drop RuleWhere the nature of the course requires a continuous commitment by the student,the instructor may establish special rulesabout dropping the course. Notice of thesespecial rules will be provided before enroll-ment in the early enrollment instructionsissued at the law school.

Maximum and Minimum LoadStudents must complete all required first-year courses during their first year of en-rollment in law school. Summer startersmust take all required first-year coursesplus 10 hours of electives in the first year.After the first year, the maximum courseload is 18 credit hours per semester, andthe minimum load is 12 hours. An associate

dean may approve a schedule of fewer than 12 credit hours under exceptional circumstances.

Incomplete ClassesA student must finish an incomplete courseby the end of the next semester (excludingsummer sessions), whether or not the stu-dent is enrolled in the law school duringthe next semester. If a student does notmake up an incomplete grade by the end ofthe next semester, the incomplete will bechanged to a grade of F at the end of thatsemester. The last day of the final examina-tion period is the end of the semester. Wai-vers of this rule or extensions of the timeallowed for making up incomplete gradesmay be granted by the academic committeeonly in cases of extreme hardship.

Withdrawal and ReadmissionFollowing WithdrawalStudents considering withdrawing arestrongly encouraged to confer with an asso-ciate dean. Any student who has completed

at least 32 credit hours and is in goodstanding may withdraw from all law schoolcourses in which he or she is enrolled if thestudent completes all required administra-tive steps for withdrawal no later than thelast day of classes for the semester. Stu-dents who wish to withdraw after the lastday of classes for the semester must obtainpermission from the academic committee.

Any student who withdraws before com-pleting 32 credit hours must reapply for ad-mission. There are no exceptions to thisrule. Any student who has completed atleast 32 credit hours and who is not in goodstanding must have an associate dean’s per-mission to withdraw if the student wishesto return to school in a subsequent semes-ter. A student who fails to secure permis-sion to return must petition the academiccommittee for reinstatement.

Students must complete all require-ments for the degree within five years ofinitial enrollment. See J.D. Degree Require-ments on page 11.

THE UNIVERSITY OF KANSAS • 2006-2007 SCHOOL OF LAW CATALOG

Page 14: School of Law Catalog2006-2007

The complete School of Law honor code may be found in the Student Life section

of the law school’s Web site at www.law.ku.edu.

14

ExaminationsThorough examinations are given underthe honor system at the close of everyterm. Some faculty members also give mid-term examinations. These examinationstest students’ reasoning abilities and theirknowledge of a particular subject area.

Special examinations are given only incases of absence from the regular exam-ination because of sickness of the studentor in the student’s immediate family. Stu-dents should contact the faculty memberwhose examination they must miss as soonas possible, certainly before the date theexamination is to be given.

See also Computers on page 10.

Grading SystemThe School of Law uses a 4.0 (A–F) gradingscale: 4.0 (A); 3.5 (B+); 3.0 (B); 2.5 (C+); 2.0(C); 1.5 (D+); 1.0 (D); 0 (F). A mandatorycurve is used. The average of grades infirst-year courses must be 2.8–3.0; the aver-age of grades in upper-level requiredcourses must be 2.9–3.1; and the average ofgrades in all other courses must be 2.8–3.4(the recommended range in these coursesis 3.0–3.2).

Courses in which the faculty memberfinds it difficult or impossible to evaluatestudent performance with the precisionnecessary to assign letter grades may begraded Credit/No Credit when approvedby the academic committee before the beginning of the semester in which thecourse is taught.

A waiver from the mandatory curve maybe obtained from the academic committeeby the faculty member teaching a course ifthe following conditions are met: it is anupper-level elective course, grades are de-termined in whole or substantial part otherthan by examination, the criteria for eachgrade are articulated clearly, and any stu-dent who meets the criteria for a particulargrade will be given that grade. The waivermust be obtained before the beginning ofthe semester in which the course is taught.

Clinic RulesNo student may accumulate more than 16credit hours, excluding clinic hours earnedin the summer, from the Criminal Prosecu-tion Clinic, the Defender Project, the ElderLaw Externship, the Externship Clinic, theJudicial Clerkship Clinic, the Legal AidClinic, the Legislative Clinic, the MediaLaw Clinic, the Public Policy Clinic, or theTribal Judicial Support Clinic, as part of the90 hours of law school credit required forgraduation. Concurrent enrollment in morethan one of these clinics is permitted onlywith the consent of the directors of the clin-ics in which enrollment is sought.

Students must be in good standing toenroll in a clinic. This requirement may bewaived by the associate dean for academicaffairs only in exceptional circumstances.

For some clinics, the student must qual-ify as a supervised legal intern underKansas Rule 709. To qualify, the studentmust have completed four semesters.

The student can satisfy this rule in anyof three ways:• four semesters of residence and at least

58 credit hours, or• two semesters and two summer sessions

of residence and at least 50 credit hours,or

• three semesters and one summer sessionof residence and at least 54 credit hours.This interpretation treats a 10-week

summer session as equivalent to a semes-ter for purposes of Rule 709 and ensuresthat clinic opportunities will be openequally to both summer and fall starters.The credit-hour requirements are neces-sary to ensure that heavy course loads inthe final two semesters will not interfereunduly with clinic work.

The Honor CodeMatters of law student honesty and in-tegrity in academic performance are gov-erned by an honor code written and admin-istered by law students. This system ofpeer review has been in effect for more

than half a century and addresses issuessuch as plagiarism, cheating, and unautho-rized collaboration in work assignments.Honor code violations, found to have occurred by the student committee afternotice and hearing, are referred to the deanof the law school with recommended sanctions. Final disposition rests within the discretion of the dean. The honor codegoverns law students in the same way thatthe Code of Professional Responsibilitygoverns members of the bar. The completehonor code may be found in the StudentLife section of the law school’s Web site at www.law.ku.edu. Copies also may be ob-tained from the Student Bar Association, thedean, or an associate dean of the law school.

Exclusion and ProbationA student whose cumulative grade-point av-erage is below 2.0 at the end of any regularsemester or at the end of the two five-weeksummer sessions is on probation. A studentwho is on probation is not in good standingfor purposes of the rules on withdrawal andreadmission following withdrawal and anyother rules that require good standing.

All students must achieve a minimum cu-mulative grade-point average of 2.0 duringthe semester in which they complete 90hours, or they will not be permitted to gradu-ate or continue in school. There is no appealwithin the law school from this requirement.

A student whose cumulative grade-pointaverage is below 1.5 after the completion of22 hours, or of either two semesters of full-time enrollment or two five-week summersessions and one semester of full-time en-rollment, regardless of the number ofhours completed, will be excluded from theschool. A student whose cumulative grade-point average is below 1.8 after the comple-tion of 60 credit hours will be excludedfrom the school. In either case, this exclu-sion is final, and there is no appeal withinthe law school.

THE UNIVERSITY OF KANSAS • 2006-2007 SCHOOL OF LAW CATALOG

Page 15: School of Law Catalog2006-2007

School of Law Courses

15

First-year CoursesLAW 804 Civil Procedure I (2.50-3). Fall semester.LECLAW 805 Civil Procedure II (2.50-3). Spring se-mester. (LAW 804, Civil Procedure I, Fall semes-ter.) During the two semesters of LAW 804 andLAW 805, all phases of the litigation process incivil actions will be examined, from the invocationof original jurisdiction to appeals. Specific subjectscovered include the bases for jurisdiction over per-sons and property; the process of involving juris-diction; subject matter jurisdiction; choice of fed-eral or state law in diversity cases; venue; chal-lenging jurisdiction pleading; joinder of claims andparties; counterclaims; crossclaims and third-partyclaims; intervention; interpleader; class actions;discovery; pretrial conference; disposition of caseswithout trial by voluntary and involuntary dis-missal; default judgment and summary judgment;the right to jury trial; burden of proof; directedverdict; motions for new trial and judgmentnotwithstanding the verdict; entry and executionof judgments; motions to vacate judgments; ap-peals; and preclusive effects of judgments (res ju-dicata). Both LAW 804 and LAW 805 are required.LECLAW 809 Contracts I (2.50-3). Fall semester. LECLAW 810 Contracts II (2.50-3). Spring semester.Offer and acceptance, consideration, contractswithout consideration, contract remedies, condi-tions precedent and subsequent, breach, dis-charge, statute of frauds, illegal contracts, thirdparty beneficiaries, and assignments. Both LAW809 and LAW 810 are required. LECLAW 814 Criminal Law (2-2.50). Spring semester.An introduction to substantive criminal law, includ-ing characteristics of criminal law, basic elementsof crimes, specific criminal offenses, parties tocrimes, anticipatory crimes, and criminal de-fenses. Required course. LECLAW 818 Criminal Procedure (2.50-3). Spring se-mester. An introduction to criminal procedure, in-cluding investigation and police practices, pretrialproceedings, trials, sentencing, and review pro-ceedings. Particular emphasis on the applicationof the exclusionary rule to arrest, search andseizure, interrogation procedures, and identifica-tion procedures. Required course. LECLAW 820 Lawyering I (2.50-3). Fall semester. In-troduction to law and the legal system. Includes in-struction and discussion in legal methods, legal in-stitutions, and the role of law in society. Also in-cludes a number of assignments in legal researchand writing, culminating in an open memorandumon a topic relevant to another first-semestercourse. Required course. LECLAW 821 Lawyering II (3). Spring semester. Intro-duction to lawyers and the legal profession. In-cludes instruction and discussion on the history of

the profession, legal education, bar admissionstandards, the economics of the profession, andthe role of lawyers in society. Also includes in-struction in advocacy, culminating in preparationof an advocacy brief and subsequent argument.Required course. LECLAW 826 Property I (2.50-3). Fall semester. An in-troduction to personal property law and to realproperty law including estates in land; landlord-tenant law; adverse possession. Required course.LECLAW 827 Property II (2-2.50). Spring semester. Acontinuation of real property law, including ease-ments; restrictive covenants; other private andpublic land use controls; and eminent domain. Re-quired course. LECLAW 831 Torts I (2.50-4). Fall semester. Develop-ment of liability based upon fault. Intentional torts,including battery, assault, false imprisonment, in-tentional infliction of mental distress, trespass toland and chattels, conversion, and privileges. Neg-ligence, including standard of care, causation, limi-tation of duty, defenses, and comparative negli-gence. Survival and wrongful death. Strict liability.Damages. Required course. LEC

Upper-level CoursesLAW 850 Administrative Law (2.50-3). The sepa-ration and delegation of powers. The developmentof administrative function. Administrative discre-tion, notice, hearing, jurisdiction, conclusivenessof determination, and judicial control. Examinationof current problems in various administrativeprocesses. LECLAW 892 Advanced Bankruptcy: Business Reor-ganizations (2-2.50). This course focuses on theissues that arise in connection with business bank-ruptcies, particularly under Chapter 11 of theBankruptcy Code. It covers topics such as: theroles of the debtor-in possession and the creditorscommittee, the operation of a business underChapter 11, post-petition financing, cash collateral,the negotiation and confirmation of a Chapter 11plan, post-confirmation issues, and ethical issues.Prerequisite: Commercial Law: Secured Transac-tions and Bankruptcy. LECLAW 852 Advanced Criminal Procedure (2.50-3).Detailed analysis of the formal criminal processfrom initial appearance through appeal. Emphasison pretrial and trial proceedings. LECLAW 864 Advanced International Trade Law (3).This course treats contemporary issues in interna-tional trade practice and policy. Among the practi-cal topics covered in detail are: (1) countervailingduties against unfair subsidies; (2) safeguard ac-tions against fair foreign competition; (3) the pro-tection of intellectual property rights against in-fringement; (4) trade in agriculture; and (5) tradein services. Among the policy topics emphasized,

from both “our” and “their” perspective, are: (1)trade relations with Third World countries; (2)trade relations with Muslim countries; (3) the criti-cal link between trade and national security; (4)the complex interaction among trade, humanrights, labor rights, and the environment; and (5)efforts to protect local culture in an era of global-ization. The course is designed not only for stu-dents intending to work in international trade law,but also for students interested in careers in otherfields of, or relating to, international law who seekan appreciation of the increasingly sophisticatedconnections among these fields and trade. Prereq-uisite: A basic course in International Trade Regu-lation (e.g., suitable summer study program orwork experience), or permission of the instructor.LECLAW 870 Advanced Legal Ethics (2.50-3). Thiscourse explores a number of ethical issues fre-quently encountered by lawyers in greater depththan the introductory course in professional re-sponsibility. Students write several memoranda onreal life scenarios which they observe. They as-sume the roles of counsel for defendant, discipli-nary administrator, and judge. Subjects covered in-clude: competence, compensation, conflicts of in-terest, counseling disabled clients, litigationethics, and civility. Prerequisite: Professional Re-sponsibility is a prerequisite but, with permissionof the instructor, may be taken concurrently. LECLAW 856 Advanced Legal Research (2). Springsemester. Evaluates important legal research toolsand techniques not covered in the required firstyear Lawyering course. Provides an in-depth lookat Kansas materials, legal reference books, formbooks, and computer-assisted research. Researchaids in selected subject areas will also be exam-ined. LECLAW 857 Advanced Litigation (2.50-3). Advancedskills in the litigation process selected by the in-structor, which may include negotiation, counsel-ing, discovery techniques, advanced witness ex-amination, expert witnesses, advanced jury selec-tion techniques, alternative dispute resolution, ar-bitration, practice before administrative agencies,mediation, or other related topics. Course contentwill be promulgated by the instructor prior to theregistration period for the semester in which thecourse is offered. This course may be taken morethan once, provided the instructor determinesthere is no inappropriate duplication of othercourses taken by the student. Prerequisite: Evi-dence, Trial Advocacy, and permission of instruc-tor if an Advanced Litigation course has beentaken. FLDLAW 878 Advanced Topics in Labor and Employ-ment Law (2-3). An intensive study of one or moreaspects of labor and employment law, such as theunion’s duty of fair representation, internal unionaffairs, workplace privacy, and class actions in em-ployment litigation. May be repeated for credit if

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Students must complete all required first-year courses during their first year

of enrollment in law school.

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there is no duplication of subject matter. Prerequi-site: One or more courses in labor or employmentlaw, as announced prior to enrollment. LECLAW 848 Agency (1). Fall semester. Exploreslegal relationships in tort and contract that mayarise when one person represents another. Pri-mary focus is on relationships between principaland third party, but includes coverage of agent’sduties to principal and liability to third party. En-rollment limited to LL.M. students. LECLAW 858 Agriculture Law (2.50-3). Considers therole of government in agriculture as well as tradi-tional transaction issues such as leasing, the mar-keting and storing of commodities, special se-cured financing rules relating to agriculture credit,the impact of the bankruptcy of a warehouse (ele-vator) containing producers’ stored commodities,and problems confronting the livestock industry.Other unique issues to be considered include ge-netically modified crops (GMOs) and the use ofantibiotics by producers of livestock and poultry.Prerequisite/co-requisite: Commercial Law: Se-cured Transactions. LECLAW 860 Alternative Dispute Resolution (2-3).This course introduces the student to arbitration,mediation, negotiation, and other methods for re-solving disputes. In addition to serving as alterna-tives to the court system, these processes alsoplay an increasingly important role in litigationand settlement. This is a survey course, whichmay include exercises to develop skills such as in-terviewing, counseling, and negotiation. FLDLAW 862 American Legal History (2-3). An intro-ductory survey of the history of American Lawand American legal institutions. LECLAW 877 Animal Rights Seminar (1). This semi-nar addresses a fundamental legal question, i.e.what rights are to be accorded to animals both innature and in human society? The participants willread and discuss a number of theories of animalrights based upon philosophical, religious, prag-matic, and biological bases and will explore thelegal and jurisprudential ramifications of these the-ories. Students will be required to write a substan-tial research paper of publishable quality. Studentsmust enroll for both semesters of the academicyear for one credit hour per semester. Prerequi-site: Permission of the instructor. LECLAW 863 Antitrust Law (2.50-3). Covers the Sher-man Antitrust Act and related federal legislationdesigned to control the competitive practices andstructure of American industries. Examines thelaw of monopolization, price fixing, group boy-cotts, vertical restraints such as tie-ins and distri-bution restrictions, and mergers. Some elemen-tary principles of economic analysis are employedbut economics is not a prerequisite. LECLAW 889 Bankruptcy (2.50-3). This introductionto bankruptcy and debtor-creditor law covers top-ics such as: enforcement of money judgments out-

side of bankruptcy, commencement of bankruptcycases, the automatic stay, property of the bank-ruptcy estate, exemptions, secured and unsecuredclaims, avoidance of transfers, executory con-tracts, distribution of property, dismissal and con-version of bankruptcy cases, and discharge ofdebts in bankruptcy. Prerequisite: CommercialLaw: Secured Transactions. LECLAW 883 Biodiversity Law (2-2.50). This classconsiders the role of law in regulating, managing,utilizing, and conserving the earth’s rich biologi-cal diversity. Biodiversity law is explored from theperspectives of common law, statutes, agency reg-ulations, and international law. Special considera-tion is made of the role science plays in informingbiodiversity law and policy. Prerequisite: Environ-mental Law Survey. LECLAW 865 Business Associations I (2.50-3). Fallsemester. Legal aspects of typical American enter-prise structures, including partnerships and cor-porations. The elements of agency relations are in-cluded. Emphasis is upon the control, manage-ment, financing, and regulation of closely held cor-porations. LECLAW 866 Business Associations II (2.50-3).Spring semester. A continuation of Business Asso-ciations I involving further study of corporateproblems. Primary emphasis is on the legal re-sponsibilities of directors and dominant sharehold-ers of both publicly and closely held corporations,and the remedies for enforcement thereof. Also in-cluded are brief introductions to corporate capitalstructure and the Securities Act of 1933. Prerequi-site: Business Associations I. LECLAW 868 Business Planning Seminar (2.50-3). Aproblem approach to planning important businesstransactions, such as organization of a close corpo-ration; organization of a public company; dividendand other corporate distributions; corporate liqui-dations; and corporate combinations such asmerger and consolidation. Each problem is ana-lyzed from the perspectives of tax, securities regu-lation, and corporate law. Prerequisite: BusinessAssociations I and II, Federal Income Taxation,and Taxation of Business Enterprises. LECLAW 871 Capital Punishment (3). This 2 hourseminar will examine capital punishment as a sys-tem of law and will address many of the intertwin-ing questions raised by the existence of the deathpenalty in America: How, as a statutory and proce-dural matter, is the death penalty implemented inAmerica; what procedures are peculiar to the im-position of death as a punishment; why are thoseprocedures used, and to what extent are they ei-ther adequate or inadequate; do we, as individualsand as lawyers, accept capital punishment as aworking legal system. LECLAW 869 Capital Raising by Privately Held Busi-ness Firms (2.50-3). An analysis of the regulationof federal and state securities laws of instruments

issued by various business entities, exemptionsfrom registration requirements of securities laws,regulation of “paperless” securities transactionsconducted by means of the Internet, federal pre-emption of state securities laws, and the antifraudprovisions of securities laws. LECLAW 886 Civil Rights Actions (2.50-3). A surveyof the law governing civil suits against govern-ment entities and officials to remedy violations offederal constitutional rights. The focus of the classis litigation under 42 U.S.C. section 1983, whichcreates a civil cause of action for damages and in-junctive relief to remedy violations of federal con-stitutional rights. This area of law is sometimes re-ferred to as “constitutional torts, “ because it in-volves civil litigation that is in many ways similarto traditional tort actions. The course covers theelements of a Section 1983 action, the constitu-tional immunity of states and state officers, de-fenses to Section 1983 liability, defendants’ liabilityfor attorneys fees under 42 U.S.C. section 1988,civil suits against federal defendants, and the rela-tionship between Section 1983 and federal habeascorpus. LECLAW 872 Commercial Arbitration (2.50-3). Ad-dresses the law and practice of commercial arbi-tration, a rapidly growing form of alternative dis-pute resolution. Drafting arbitration agreements,the enforceability of arbitration agreements, se-lecting arbitrators, the arbitration hearing, and theenforceability of arbitration awards. Gives specialemphasis to arbitration of international commer-cial disputes and the institutional rules underwhich such arbitrations proceed. LECLAW 874 Commercial Law: Payment Systems(2.50-3). A study of the law governing modern pay-ment systems, including checks and other nego-tiable instruments governed by Article 3 of theUniform Commercial Code and bank transactionsgoverned by 4 of the Uniform Commercial Code.Other payment systems that may be examined in-clude credit cards, debit cards, automated clear-inghouse payments, stored value cards, wire trans-fers, and letters of credit. LECLAW 873 Commercial Law: Secured Transac-tions (2.50-3). Introduction to commercial transac-tions under the Uniform Commercial Code. Em-phasis on secured transactions and the interplaybetween Article 9 of the Code and the trustee’spowers under the Federal Bankruptcy Act. Analy-sis of basic problems in the area of consumercredit. Required course. LECLAW 879 Comparative Law (2.50-3). A general in-troduction to and comparison of major legal sys-tems of the world, with special emphasis given tohow those systems reflect differing cultural valuesin addressing common legal questions. A majorgoal of the course is to deepen the students’ un-derstanding of law and practice in the UnitedStates and to broaden their perspective of law be-

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Upper-level required courses should be taken in the second year of law school.

A chart of course prerequisites appears on page 23.

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yond the boundaries of the common law systems.(Same as INS 876.) LECLAW 880 Complex Litigation (2.50-3). Exploresthe many interesting facets of complex litigation inthe context of mass torts. Bifurcated and specialproceedings, class actions, consolidation, multidis-trict litigation, and complex joinder issues, as wellas substantive issues which arise in mass tort liti-gation. LECLAW 881 Conflict of Laws (2.50-3). An analysisand consideration of problems respecting the lawapplicable in transactions or to relationships withelements in more than one state or country. Thelaw to be applied in such situations, the theoreticalbases of choice-of-law, and the issues which thesematters can present under the Constitution of theUnited States are discussed. Far-reaching changesare occurring in basic assumptions and methodsof approach in the field of choice-of-law, and spe-cial attention is given to these developments. Fi-nally, the class considers the recognition and en-forcement of foreign state judgments in terms ofboth standards and requirements that flow fromrelevant provisions of the Constitution. Prerequi-site: 45 hours law school credit or permission ofinstructor. LECLAW 882 Constitutional Law (2.50-4). A survey ofthe major aspects of constitutional law: judicial re-view and the function of the Supreme Court of theUnited States, powers of Congress and of the Ex-ecutive, constitutional limitations upon the states,and the protection of individual rights. Requiredcourse. LECLAW 887 Constitutional Topics (2.50-3). Exam-ines the application of constitutional law and prin-ciples to selected social issues. Specific topics willbe announced; topics may include such subjects asconstitutional history, constitutional interpretation,the constitutional law of schools, gender and con-stitutional issues, or national security law. A writ-ing project typically is required in place of a finalexamination. Prerequisite or corequisite: Constitu-tional Law. LECLAW 875 Construction Law and Litigation (2-2.50). This is an upper-level course that will pro-vide a detailed examination of the law associatedwith the construction industry. The course will bedivided between contract formation issues and liti-gation issues. The contract formation portion willexplore design and engineering services, profes-sional responsibility, bidding, bidding governmentcontracts, contract preparation, subcontracting, in-demnity and insurance issues. The course willthen focus on litigation issues, including liens,delay claims, construction defects, manufacturer’swarranties, and design defects. There will be an in-depth examination of the AIA (American Instituteof Architects) and AGC (Associated General Con-tractors) form documents and the use of ADR inthe construction field. LEC

LAW 851 Contracts III (2-2.50). Considers indepth a number of topics not covered or onlybriefly covered in first year contracts, which mayinclude contract interpretation, third party benefi-ciaries, assignment and delegation, the overlap ofcontract and tort, and the enforceability of particu-lar provisions. Commercial Law: Secured Transac-tions or Commercial Law: Payment Systems willbe an asset. Prerequisite: Contracts I and Con-tracts II. LECLAW 888 Copyright Law and Digital Works (3).Explores the major copyright issues posed bysuch categories of digital works as software, databases containing factual and other public domaincontent, multi-media materials, computer gener-ated or assisted works, and audio recordings con-taining digital sampling. LECLAW 891 Criminal Practice in Kansas (2-3). De-signed for the student who plans to practice crimi-nal law in Kansas. Examines the Kansas criminalcode and case law, explores practical and ethicalissues from the perspective of the prosecutor anddefense counsel, and develops practical skills inpre- and post-trial proceedings. Includes filing ofthe complaint, bail, preliminary hearing, pretrialproceedings, motions practice, plea negotiations,client counseling, trial proceedings, jury instruc-tions, post-trial motions, sentencing, and appeals.LECLAW 890 Criminal Prosecution Clinic (2.50-3).Students are assigned to the office of the UnitedStates Attorney for Kansas or Kansas state districtattorney offices as arranged by the instructor. Stu-dents assist prosecutors in virtually all phases ofthe criminal process, including criminal trials. Aweekly seminar focusing on issues confrontingcriminal prosecutors accompanies the field work.Unless specifically authorized, students must beenrolled in both semesters of the academic yearfor three credit hours per semester. Prerequisite:Evidence and qualification under Kansas Rule 709.See Clinic Rules in the Academic Regulations sec-tion of this bulletin. Prerequisite or corequisite:Trial Advocacy. FLDLAW 876 Current Issues in Poverty Law (1). Asurvey of recent court decisions affecting both theworking and nonworking poor, particularly in theareas of legal representation, housing, reproduc-tive freedom, faith-based initiatives and children’shealth care. Current legislative proposals and pol-icy papers written by proponents and opponents ofwelfare reform will also be assigned and dis-cussed. LECLAW 895 Defender Project (2.50-3). Actual fieldexperience in servicing the legal problems of in-mates at the United States Penitentiary at Leaven-worth, the Kansas State Penitentiary at Lansing,and the Kansas Correctional Institution at Lans-ing. Students interview clients, investigate andmarshal facts, and engage in negotiation, prepara-tion of administrative appeals, and drafting of

court briefs and other documents. Students mustenroll for academic year, for 3 credits per semes-ter. Concurrent enrollment in LAW 896 is re-quired. FLDLAW 896 Defender Project Class (1). Designedto acquaint students with the issues surroundingthe professional skills, substance, and ethics thatare critical to student participation in LAW 895,Defender Project. A corequisite with LAW 895 andenrollment is limited to students concurrently en-rolled in that course. LECLAW 898 Disability Law (3). A study of the majorfederal laws relating to individuals with disabili-ties, including the Americans with Disabilities Act,the Rehabilitation Act, and the Individuals withDisabilities Education Act. Covers the rights of in-dividuals with disabilities in areas such as employ-ment, public accommodations, governmental serv-ices and programs, education, and housing and in-dependent living. LECLAW 901 Elder Law Externship (2.50-3). Involvesstudents in representation of elderly individualsprimarily in consumer, housing, and public bene-fits litigation. Students work under the supervisionof attorneys from Kansas Legal Services and fac-ulty from the School of Law. A one-hour classroomcomponent accompanies the field-work require-ment. Corequisite: Elder Law Research Project.FLDLAW 849 Elder Law LL.M. Thesis (2-6). Comple-tion of a substantial research project on an elderlaw topic, under supervision as determined by theDirector of the Elder Law LL.M. program. Enroll-ment may extend over more than one semester.RSHLAW 902 Elder Law Research Project (1-2). In-volves students in research in preparation of theKansas Elder Law Network. Students will engagein preparation of an extensive research bibliogra-phy on specific topics relevant to the study of elderlaw. Corequisite: Elder Law Externship. LECLAW 903 Employment Discrimination Law (2.50-3). A study of the major federal statutes prohibit-ing discrimination in employment and of constitu-tional objections to employment discrimination.LECLAW 925 Employment Law (2.50-3). A study ofstate and federal regulation of the employer-em-ployee relationship, as distinguished from the reg-ulation of collective bargaining between manage-ment and unions. Coverage will include the Occu-pational Safety and Health Act, the Fair LaborStandards Act, the Employee Retirement IncomeSecurity Act, unemployment compensation, andemployment-at-will. Corequisite: ConstitutionalLaw. LECLAW 904 Environmental Law Seminar (2-3). Anintensive study of one or more aspects of environ-mental law, such as wildlife law, energy policy, ma-rine pollution controls, and so forth. May be re-

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To earn the J.D. degree, each student must complete a minimum of 90 credit hours.

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peated for credit, provided there is not duplicationof subject matter. LECLAW 905 Environmental Law Survey (2.50-3). Ageneral survey of the legal mechanisms for pro-tecting the environment. It considers the justifica-tions for and economic implications of regulatingactivities with potential adverse effects on the envi-ronment and the various sources of legal con-straints (common law, constitutional, and statu-tory) on those activities. The course provides anintroduction to environmental litigation, to envi-ronmental assessment under the National Envi-ronmental Policy Act, to endangered species pro-tection, and to the various forms of legislative andadministrative controls on and inducements toavoid polluting activities reflected in statutes suchas the Clean Air Act, the Clean Water Act, and thestatutes designed to control contamination of landby hazardous substances. LECLAW 907 Estate Planning: Practice (2.50-3). Thecourse replicates the estate planning process, pro-viding experience in gathering facts, analyzing al-ternatives, and implementing a plan throughpreparation of wills, trusts, and other documents.Extensive drafting of documents is required. Pre-requisite: Estate Planning: Principles. FLDLAW 906 Estate Planning: Principles (2.50-3). Astudy of legal principles relating to transmission ofproperty by gift or at death and the vehicles avail-able for these purposes. Primary emphasis is onestate and gift taxation and income taxation of es-tates and trusts. Prerequisite: Federal Income Tax-ation and Estates and Trusts. LECLAW 996 Estates and Trusts (2.50-3). Intestatesuccession; execution and revocation of wills; willcontracts and substitutes; elements, nature, use,and classification of trusts; charitable and spend-thrift trusts; fiduciary administration. LECLAW 908 Evidence (2.50-3). Functions of thecourt and jury; burden of proof; presumptions; ju-dicial notice; competency of witnesses; examina-tion of witnesses; hearsay rule, with exceptions;opinion evidence; direct examination and circum-stantial evidence; “best evidence” rule; standardsof relevancy. Required course. LECLAW 894 Externship Clinic (1-4). Provides stu-dents with an opportunity to obtain academiccredit for quality legal work performed at pre-ap-proved governmental agencies and public interna-tional organizations. Each externship consists of aclinical experience and independent research. Stu-dents will work a specified number of hours perweek under the supervision of a practicing attor-ney; maintain weekly reflective journals of theirexperience, and file a final report. For separatecredit, externs must complete a one credit inde-pendent research paper on a topic connected totheir externship placement. Students may enrollfor more than one semester with permission of Di-rector. Graded on a Credit/No Credit basis. Pre-

requisite or corequisite: Professional Responsibil-ity or permission of Director. Corequisite: Inde-pendent Research. FLDLAW 909 Family Law (2.50-3). Introduction tomarriage and the family as the basic social unit inWestern society. Topics include marriage, divorce,annulment, separate maintenance, alimony, childcustody and support, antenuptial and post-nuptialagreements, adoption, legitimacy, and minority.Practice points include financial planning, tax con-siderations, and the attorney’s responsibility. LECLAW 910 Federal Courts and the Federal Sys-tem (2.50-3). Role of the federal courts in our con-stitutional federal system. Areas and sources offederal judicial jurisdiction and its limitations; ab-stention doctrines; federal court control over stateproceedings; appellate and original jurisdiction ofthe Supreme Court; federal common law. Prereq-uisite: Constitutional Law. LECLAW 912 Federal Criminal Prosecution (2.50-3).A study of federal criminal prosecution, focusingon the crimes of fraud and political corruption,drug trafficking and money laundering, group/or-ganizational crimes such as conspiracies andRICO violations, false statements to federal offi-cers, and obstruction of justice. Will also considerthe federal/state prosecution relationships andoverlap of their respective jurisdictions, as well asthe federal forfeiture statutes. The working andapplication of the Federal Sentencing Guidelineswill also be studied. LECLAW 913 Federal Income Taxation (2.50-3). Asurvey of the federal income tax system, with spe-cial emphasis on the tax laws generally applicableto all taxpayers. Topics include income determina-tion, deductions, credits, planning, and procedure.Historical development and policy issues are ad-dressed throughout the course. LECLAW 914 Federal Indian Law (2.50-3). Addressesthe law and policy of the United States regardingIndian nations and their members. Issues includethe origins and contours of federal plenary powerover Indian affairs, the scope of inherent tribalsovereignty, the limits of state power in Indiancountry, civil and criminal jurisdiction, and gam-ing. (Same as INS 824.) LECLAW 915 Federal Tax Procedure (2-2.50). A studyof the chronology of tax disputes, from examina-tion by the IRS to final disposition of the case bysettlement or court decision. Includes the IRS’procedure for return administration, the adminis-trative appeals process, statutes of limitation on as-sessment, choice of forum, Tax Court jurisdiction,overpayment, and refund procedures. Prerequi-site: Federal Income Taxation. Taxation of Busi-ness Enterprises is recommended, but not re-quired. LECLAW 916 First Amendment Freedoms: _____ (2-3). An analysis of judicial doctrine and methodused to resolve conflicts between First Amend-

ment freedoms and other governmental and/orprivate interests. Focuses on selected FirstAmendment problems relating to national security,government secrecy, time-manner-place regula-tions of expression, the administration of the judi-cial system, regulation of obscenity, offensivespeech, defamation, invasion of privacy and com-mercial speech, access to and regulation of themedia, and individual interests in religion, privacy,and academic freedom. Taught on a seminar basiswhen enrollment permits. Prerequisite: Constitu-tional Law. LECLAW 917 Governmental Control of Land Develop-ment (2-3). A broad review of land use controls onurban development, including zoning, master plan-ning, subdivision regulation, impact fees, regionalcontrols, and other techniques. Also examinesconstitutional aspects of controls, as well as thepublic issues and policies that sustain them. LECLAW 919 Health Law and Policy (2-3). Addressesprominent legal and policy issues associated withthe delivery of health care. Among these issues:access to care; credentialing of health care person-nel; insurance coverage; antitrust strictures; costcontainment; and proposals for systemic reform.Covers at least one of the following bioethical is-sues: organ transplantation; abortion; euthanasia;and rationing of care. LECLAW 923 Immigration Law (2.50-3). Topics suchas standards for the admission of immigrants; non-immigrant visas for students, workers, andtourists; the regulation and exclusion of undocu-mented aliens; legal procedures for admission, ex-clusion, and deportation; refugee law; and citizen-ship law. LECLAW 924 Independent Research (1-2.50). Stu-dents may undertake a project which involves in-vestigation, research, and scholarship in a particu-lar area of the law. The research must be doneunder the supervision of a faculty member andmust culminate in the writing of a research paperin publishable form. A first draft of the paper mustbe submitted at a date set by the supervisor whichis no later than the end of the eighth week of thesemester. The faculty supervisor must return thefirst draft within two weeks of the submission. Thefinal product of the independent research must besubmitted at a date set by that supervisor which isno later than the last day of classes of the semes-ter. A student may not earn either academic creditor credit toward the residence requirement for in-dependent research unless (1) in the case of regu-lar semester, that student is enrolled in at least 3additional credit hours during the same semester,or (2) in the case of summer school, that studentis enrolled in at least 2.5 additional credit hours ineither five-week summer session. No student mayenroll for more than 2 hours of independent re-search in one semester, and no student may countmore than 6 hours of independent research credittoward the credit required for graduation. How-

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Each student must satisfy the upper-level writing requirement.

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ever, a student may receive a maximum of 2.5hours credit for independent research in eitherthe summer school sessions if that student is oth-erwise enrolled in 7.5 additional hours during thesummer session. Prerequisite: Forty hours of lawschool credit and an overall average of at least 2.0at the time of enrolling. RSHLAW 999 Indian Gaming (2). This course will ex-amine the law, policy, politics, economics, and cul-tural effects of Indian gaming. It will focus prima-rily on the federal Indian Gaming Regulatory Act(IGRA), including its origins, structure, and real-world effects. In addition to mastering the perti-nent legal issues, students will be asked to con-sider a series of questions about Indian gaminglaw, including (1) what are its real objectives? (2)does IGRA, as it is currently being applied, pro-mote those objectives? and (3) given the expan-sion of non-Indian gaming in recent years, shouldIGRA be revised to better serve those objectives?Course materials will include IGRA and relatedcase law, materials from the United States Depart-ment of Interior setting forth current federal pol-icy, and various tribal-state compacts. LECLAW 927 In-house Elder Law Clinic (2.50-3). En-rollment in this clinic is open only to candidatesenrolled in the LL.M. Program in Elder Law. In-volves representation of elderly individuals prima-rily in consumer, housing, domestic relations, andpublic benefits litigation. Unless specifically au-thorized, LL.M. candidates must enroll for twoconsecutive semesters. A weekly seminar focusedon practical legal issues facing the elderly accom-panies the fieldwork requirement. LECLAW 926 Insurance (2.50-3). The nature of insur-ance; regulation of insurance companies; insurableinterest; interests of third persons in insurancepolicies and proceeds; the insured event; war-ranties; representations; concealment; the market-ing of insurance. LECLAW 968 Intellectual Property (2.50-3). An intro-duction to substantive patent law, copyright law,and trademark registration designed (1) to pro-vide background knowledge for those interestedprimarily in the general law practice and (2) toprovide a foundation for future specialization inpatents, copyrights, and trademarks. LECLAW 945 International Commerce and Invest-ment (3). Examines the transactional aspects ofthe sale of goods and direct investment across na-tional borders. The focus is on private interna-tional business transactions. Among the subjectscovered regarding international commerce (saleof goods) are contract drafting, documentarysales, commercial terms, electronic commerce,agency and distributorship, and contract perform-ance. Among the subjects covered regarding inter-national investment are joint ventures, corporatecodes of conduct, corrupt practices, transfer pric-ing, expropriation, and dispute resolution. This

course complements (but is independent of) Inter-national Trade Regulation. LECLAW 936 International Economic Law and Devel-opment (3). Examines, in the context of recent de-velopments, the law and institutions of interna-tional economic regulation and development. Anorganizing theme of the course is how the rise ofpublic international economic organizations -World Bank, International Monetary Fund, WorldTrade Organization, and others - has contributedto the development of legal rules governing rela-tions between states but has also triggered criti-cisms that these organizations give inadequate at-tention to environmental concerns, distributionalequity, cultural diversity, and national sovereignty.LECLAW 932 International Human Rights Law (3). Astudy of the objectives, provisions, and institutionsof international human rights law. Among theareas covered will be international, regional, anddomestic sources of human rights law, the variousdomestic and international fora for raising humanrights questions, and theoretical questions on thescope and value of international human rights pro-tection. The class satisfies the writing require-ment. Prerequisite or Corequisite: ConstitutionalLaw and Public International Law or consent of in-structor. LECLAW 929 International Law Moot Court Compe-tition (2). Spring semester. Open only to the teamof students (usually five) selected by a competitionheld in the preceding fall semester. All students(including first-year students) are eligible to com-pete for a position on the team. Once selected, theteam participates in the Jessup International LawMoot Court Competition, for which briefs are pre-pared over the winter recess and oral argumentsare usually held in February. Graded Credit/NoCredit. FLDLAW 930 International Law Seminar (2.50-3). Anintensive study of one or more current problemareas in public international law or private interna-tional business not covered in depth in the intro-ductory course on Public International Law or In-ternational Commerce and Investment. First, ex-amines relevant issues from an overall perspec-tive, and then each student will choose a specifictopic for research and writing. Prerequisite: PublicInternational Law or International Commerce andInvestment or International Trade Law. LECLAW 944 International Trade Law (3). Examinesthe regulatory aspects of the sale of goods acrossnational borders. Key topics include the historyand institutions of the GATT-WTO system, acces-sion to the WTO, dispute settlement under WTOrules, regulation of import duties, rules on cus-toms classification and valuation, non-tariff barri-ers, statutory forms of relief from import competi-tion, government regulation of export trade, re-gional trade regimes, and ideological and policy is-sues relating to trade liberalization and globaliza-

tion. This course complements (but is independ-ent of) International Commerce and Investmentand is the basis for more advanced study on inter-national trade law. LECLAW 922 Introduction to Copyright in Literaryand Artistic Works (1). Provides students with abasic introduction to copyright issues related to lit-erary and artistic works (excluding music).Among the subjects covered will be: subject mat-ter of copyright, the meaning and significance ofpublication, formalities of copyright, the nature ofrights under the common law and statutory copy-right regimes, duration of copyright, transfers ofcopyright, infringement actions, remedies, andfederal preemption. LECLAW 931 Introduction to Elder Law (2-2.50). Asurvey course that explores the varied subjectmatters involved in the specialty practice areaknown as “elder law.” Coverage includes but is notlimited to Public Benefits, the Private Pension Sys-tem, Property Management, Health Care Decisionmaking, Guardianship and Protection, End of LifeIssues, Wills and Estates, and Long-Term Care. Apaper is required. Students may also enroll con-currently in Elder Law Research Project. LECLAW 911 Introduction to Law of the EuropeanUnion (2.50-3). The legal institutions and practicesof the European Union. The emerging substantivelaw of the European Union; its impact on the mem-ber states and on private international law (conflictof laws). LECLAW 918 Islamic Law (3). Examines the history,doctrine, texts, and role of Islamic law throughoutthe world. This course complements (but is inde-pendent of) LAW 879. The course focuses on thebackground and birth of the Arab-Islamic Empire,the life and times of the Prophet Muhammad(PBUH), the development of Islam, the Moghuland Ottoman Empires, the Koran and Sunna andother sacred texts, the principal schools of Islamiclaw, the status of women and religious minorities,and basic principles of some of the substantiveareas of law, including criminal, family, inheri-tance, contract, business, and banking law. LECLAW 933 Judicial Clerkship Clinic (3). Studentsserve as law clerks for state and federal judgesperforming legal research for the judges and ob-serving proceedings in the courtroom and cham-bers. There is a classroom component to theclinic. Students also submit weekly journals to theclinic director and prepare either a paper based ontheir experiences or make a class presentation.Students must enroll for the academic year, forthree credits per semester. FLDLAW 934 Jurisprudence (2.50-3). Considers is-sues in legal and political theory or philosophy.The focus is on theories of adjudication, theoriesof law, and application of these theories to particu-lar cases and problems. Other topics may beadded, such as the philosophy of criminal punish-

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Each student must achieve a minimum cumulative grade-point average of 2.0 (C)

during the semester in which he or she completes 90 credit hours.

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ment, the theory of legal interpretation, feministjurisprudence, law and literature, or law and soci-ology. A writing project is required in place of afinal examination. LECLAW 935 Juvenile Law (2). A study of the juvenilejustice system, juvenile courts, and the childrenand youth who come under juvenile court jurisdic-tion. Among the subjects covered will be: the his-tory and philosophical basis of the juvenile court,child abuse and neglect, termination of parentalrights, status offenders, children who commitcriminal offenses, taking children and juvenilesinto custody, search and seizure, interrogation, in-take, informal supervision, diversion, protectiveand temporary custody, pretrial detention, waiverof adult court, and adjudicatory and dispositionalhearings. LECLAW 940 Kansas Journal of Law and Public Pol-icy I (1). The Kansas Journal of Law and PublicPolicy publishes articles by scholars, public offi-cials, and others, including student staff members,on public policy topics. The staff of the Journal ischosen on the basis of a yearly writing competi-tion. First year members of the Journal undertakeeditorial work and write comments for possiblepublication. Journal members may not enroll con-currently in the Kansas Law Review. FLDLAW 937 Kansas Journal of Law and Public Pol-icy II (2). The Kansas Journal of Law and PublicPolicy publishes articles by scholars, public offi-cials, and others, including student staff members,on public policy topics. The staff of the Journal ischosen on the basis of a yearly writing competi-tion. Second year members of the Journal selectarticles for publication, edit the articles, and un-dertake the other responsibilities of publication.Journal members may not enroll concurrently inthe Kansas Law Review. FLDLAW 939 Labor Law (2.50-3). A study of the fed-eral regulation of union-employer-employee rela-tionships in the private sector. Subjects includeemployee organizational rights, union collectiveaction, injunctions, federal preemption, the duty ofbargain, antitrust limitations, the enforcement ofthe collective bargaining agreement, grievanceprocedures and arbitration, the union’s duty of fairrepresentation, and internal union affairs. LECLAW 941 Land Transactions (2-3). This practice-oriented course treats basic transactions in landwith primary emphasis on sales transactions in-volving residences and farms. A sales transactionis surveyed from the initial stage of marketingwith real estate brokers through the making of thecontract and the financing to final consummationand transfer of title. Topics are conveyancing,risks of title defects, and methods of title assur-ance, remedies on contract breach, Americanrecording systems, condominiums, land descrip-tions, and financing methods. LEC

LAW 942 Law and Bioethics (2). Explores a vari-ety of topics at the intersection of bioethics andthe law. Includes the definition of death, baby-sell-ing, organ transplantation, surrogate parenting,human cloning, advance directives and end-of-lifedecision-making, physicians’ authority to withhold“futile” care, the treatment of patients in persistentvegetative states, and rationing of healthcare. Stu-dents will have the option of fulfilling the writingrequirement with one additional hour of independ-ent research. LECLAW 943 Law and Economics (2.50-3). Thiscourse introduces students to the economic analy-sis of law. After providing an overview of basic eco-nomic concepts, the course applies economicanalysis to a variety of legal subjects, which mayinclude contracts, torts, property, antitrust, envi-ronmental law, and corporate law. No prior back-ground in economics is required. LECLAW 946 Law and Literature (2.50-3). Exploresthe relationship between law and literature andchanges that have occurred over time, the por-trayal of lawyers in literature, literary narrativeand legal narrative, and other related topics. LECLAW 867 Law and the Arts (3). Provides stu-dents with an introduction to the areas of lawwhich they must understand to represent visualartists, collectors, and museums. Covers, amongother subjects, intellectual property rights in art,licensing of artworks, sales and purchase of art-works, importation and export of art, etc. LECLAW 950 Law Review (1-2). The Kansas Law Re-view publishes scholarly commentary on the lawby professors, practicing lawyers, judges, and lawstudents. Students are selected for membership bycompetition, and are responsible for publishingfive issues of the Review each year. Students selectarticles for publication, edit the articles, check ci-tations, and write notes and comments for possiblepublication. Students must enroll for the academicyear, for 1-2 credits per semester. Students en-rolled in this course will not be permitted to enrollin the Kansas Journal of Law and Public Policy.Graded on a Credit/No Credit basis. FLDLAW 952 Legal Aid Clinic (2.50-4). Students ren-der legal assistance to indigents in DouglasCounty under the auspices of the Douglas CountyLegal Aid Society. Students interview clients andprospective clients, conduct factual investigationsand legal research, and appear in municipal, state,and federal courts. Students must be third-yearand must enroll for two consecutive semesters.Prerequisite: Professional Responsibility and quali-fication under Kansas Rule 709. See Clinic Rules inthe Academic Regulations section of this bulletin.Prerequisite or Corequisite: Trial Advocacy. FLDLAW 953 Legal Aspects of the Music Industry(1). Provides a brief overview of an introduction tothe legal aspects of the music industry. Includescontractual aspects of the music business (record-

ing agreements, production agreements, masterpurchase and option agreements, songwriters’agreements, distribution agreements), copyrightin recordings, legal issues involving record compa-nies, and personal managers. LECLAW 951 Legal Responses to Terrorism (2-3).The course studies aspects of the legal responseto terrorism. The topics include federal and inter-national criminal prohibitions of terrorism and thelimits to governmental power imposed by federalstatutory, constitutional and international law. LECLAW 954 Legislation (2.50-3). Examines the roleof legislation and the legislative process in Ameri-can law, the formulation of legislative policy, andmethods of statutory interpretation. Provides in-struction and practice in statutory drafting. LECLAW 955 Legislative Clinic (2.50-3). Students areassigned to state legislators or other offices thatparticipate in the legislative process during thelegislative session. A 2-hour seminar accompaniesthe fieldwork. A paper with two drafts is a requiredpart of this seminar. FLDLAW 956 Local Government Law (2.50-3). Thestructure, functions, and jurisdictions of local gov-ernmental units; intergovernmental arrangementsand relationships, financing and staffing local gov-ernment; tort liability of local governments. LECLAW 958 Media Law (2.50-3). A study of the legalregulation of the media industry and the applica-tion of the law to the media and to journalists. LECLAW 959 Media Law Clinic (2.50-3). Practical, in-depth studies of law, policy, regulation, and profes-sional ethics that shape the relationship betweenthe communications media and such institutionsas the judiciary, legislature, agencies, business,education, and the professions. Individual studentsor teams of students, supervised by the clinic di-rector, prepare research reports in response to re-quests from lawyers, policy-makers, publishers,and others who are concerned with the free flowof accurate, fair, and timely news and informationin a democratic society. The clinic is designed toadvance students’ skills and knowledge in analyz-ing the rights and responsibilities of the communi-cations media and the individuals and organiza-tions that depend on those media to inform the cit-izenry. FLDLAW 960 Moot Court Competition (1). Spring se-mester. A traditional moot court competitionbased upon an appeal to the United StatesSupreme Court with written briefs and oral argu-ment rounds. The competition is conducted as atournament, with elimination rounds and seedingof teams of pairings after the preliminary rounds.Students compete as two-person teams with twoteams advancing to the final round. The competi-tion is limited to second-year students and is usu-ally completed by Mid-April. Graded on aCredit/No Credit basis. Prerequisite: Second-yearstatus. FLD

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The 90 credit hours required for the J.D. degree must be earned during a course

of study in residence at the School of Law extending over a period of not less

than 24 months.

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LAW 961 Moot Court Council (1). Spring semes-ter. The Moot Court Council consists of the third-year students who represent KU in various na-tional moot court competitions. All students areselected through the KU spring moot court com-petition (Law 960) in their second year. The coun-cil administers the KU spring moot court competi-tion under the supervision of the faculty memberresponsible for the course. The council also assistswith tasks associated with participation in the vari-ous national competitions as assigned by the fac-ulty member responsible for the course. Gradedon a Credit/No Credit basis. FLDLAW 963 National Environmental and EnergyPolicy (2.50-3). No single contemporary dilemmais as crucial to the future of the nation as that ofachieving a balanced energy policy. Examines thelegal problems and ramifications in the develop-ment and use of major fuels. After a thorough de-scription of the regulatory process and the natureof federal resource development, the law sur-rounding the extraction, transportation, and trans-mission of coal, oil, gas, and uranium are exploredin detail, followed by a section on the law of elec-tricity generation. LECLAW 964 National Moot Court Competition (2-2.50). Fall semester. The two teams selectedthrough the KU spring moot court competitioncompete in the National Moot Court Competition.Each two-person team selected adds an additionalmember for the national competition, giving eachnational competition team three students. The na-tional competition begins with receipt of the prob-lem in early September. Briefs are due in mid-Oc-tober. The teams participate in a regional competi-tion in November. Regional winners advance tothe national round in New York in January. Gradedon a Credit/No Credit basis. FLDLAW 967 Native American Natural Resources(2.50-3). This course provides a detailed examina-tion of natural resource law as it applies to IndianCountry. Among the topics to be discussed arewater law, environmental protection, and subsur-face property rights. While not a prerequisite, it isrecommended that students take Federal IndianLaw before enrolling in this course. (Same as INS882.) LECLAW 965 Nonprofit and Tax-exempt Organiza-tions (1-2). Focuses on the legal issues affectingnonprofit and tax-exempt organizations, with pri-mary emphasis on state nonprofit corporationcodes and the Internal Revenue Code. Issues cov-ered include allocation of governance responsibil-ity between members and directors, the role ofstates attorneys general, charitable trust law, ob-taining and maintaining tax exemption, private in-urement and private benefit, intermediate sanc-tions, reporting and disclosure requirements, andconsequences of unrelated business income. Pre-requisite: Business Associations I and Federal In-come Taxation. LEC

LAW 966 Oil and Gas (2.50-3). The oil and gaslease; expressed and implied duties under a lease;the effect of various conditions of ownership on oiland gas transactions; oil and gas conveyances; uni-tization and pooling; conservation of oil and gas.LECLAW 977 Patent Law (2.50-3). This class exploresthe doctrine, policy and practice of patent law inthe United States. It examines the challengesposed to patent law by new technologies, such asbiotechnology, pharmaceuticals, the Internet andnanotechnology. Patent law systems in other coun-tries and the role of international patent treatiesare also considered. Prerequisite: IntellectualProperty. LECLAW 969 Practice in Kansas (2.50-3). Designedfor the student who intends to enter a private gen-eral practice in Kansas. Topics include substantivelaw of Kansas in domestic relations, landlord-ten-ant relations, debt collection, probate, and selectedareas of criminal law and general civil practice.Students will develop practical skills in pleadingand discovery techniques. LECLAW 970 Pretrial Advocacy (2.50-3). This skillscourse is designed to teach the fundamentals ofpretrial practice from the client’s first visit to theday before trial begins. Students will learn to inter-view and counsel clients, consider alternatives tolitigation, draft pleadings, conduct and respond todiscovery, and negotiate and draft settlement doc-uments. FLDLAW 971 Product Liability (2.50-3). Intensivestudy of legal developments and problems relatingto compensation for injuries resulting from defec-tive products. LECLAW 972 Professional Responsibility (2-3). Falland spring semesters. Must be completed by thetime the student finishes 60 hours of law school.Considers some of the history of the profession,training for the practice, the lawyer in the office,the lawyer and the public, the lawyer as lawmaker,limitations on personal conduct, the lawyer asjudge, the canons of professional ethics, and manyother incidents to the practice. Required course.LECLAW 973 Public Benefit Law (2-3). A survey ofmajor public benefit programs, such as Social Se-curity, Unemployment Compensation, Medicareand Medicaid, Aid to Families with DependentChildren, and Veterans’ Benefits. Examines boththe substantive requirements for receiving bene-fits and the procedural apparatus through whichbenefit decisions are made. In addition, public pol-icy issues surrounding public benefits will be ex-plored. LECLAW 974 Public International Law (2.50-3). Ageneral survey of the legal system governing thebehavior of states and public international organi-zations. Includes the nature and sources of inter-national law and the role of international law and

procedures in the maintenance of world peace andsecurity, the protection of human rights, the man-agement of the environment, and the regulation ofinternational economic relations. LECLAW 975 Public Lands and Natural Resources(2.50-3). Devoted to the law and legal systems thatgovern the classification and use of one-third ofAmerica’s land mass. Includes a survey of the ac-quisition and disposition of the public domain;general federal statutes and doctrines that affectpublic land law; and different forms of federallands classifications, including national parks, sce-nic rivers, and grazing lands. (Same as INS 877.)LECLAW 976 Public Policy Clinic (3). The Public Pol-icy Clinic undertakes in-depth, balanced policystudies in response to requests from public offi-cials. Individual students, or teams of students, su-pervised by the clinic director, prepare the re-search reports. Designed to give students practi-cal experience in applying analytical policy meth-ods to public policy issues. FLDLAW 897 Qualified Retirement Plans (2-2.50).Covers the practical aspects of representing em-ployers and employees in regard to pension plans,profit sharing plans, and other forms of tax-shel-tered deferred compensation. Participation, contri-bution, vesting, distribution, plan qualification, andoperational rules will be examined. Prerequisite:Federal Income Taxation. LECLAW 979 Race Discrimination Law (2.50-3). Theuses and limitations of law in solving the race rela-tions problems of 20th Century America. The ef-fectiveness of legislative and administrative actionin protecting civil rights. Prerequisite: Constitu-tional Law. LECLAW 985 Real Estate Finance (1-2). A basiccourse in the finance of the acquisition and devel-opment of real estate. Course involves the mort-gage market, basic security transactions, andremedies of secured creditors including mortgageforeclosure. LECLAW 978 Refugee and Asylum Law (2.50-3). Thiscourse will cover the fundamental doctrines ofrefugee and asylum law-drawing from concepts inhumanitarian law, public international law and thelaw of human rights. We will also examine contem-porary issues of governance through studying thework of international institutions such as theU.N.H.C.R. and non-governmental humanitarian/relief organizations that have made a transitionfrom crisis management to longer-term commu-nity development and social empowerment. Pre-requisite: Public International Law, InternationalHuman Rights Law, Immigration Law, or consentof the instructor. LECLAW 980 Regulation of Air and Water Pollution(2.50-3). An introduction to national environmentalpolicy and environmental litigation problems, fo-cusing on current issues involving government

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Students must complete all requirements within five years of initial enrollment.

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regulation of activities that generate water and airpollution. Coverage of water pollution typically willinclude control of point sources and oil spills,while coverage of air pollution will include controlof stationary and mobile sources, acid deposition,and introduction to transboundary problems suchas the greenhouse effect and global warming.(Same as INS 878.) LECLAW 981 Regulation of Toxic Substances andHazardous Waste (2-3). A study of governmentregulation of activities involving the manufacture,processing, distribution, and use of toxic materi-als, and of the generation, handling, transporta-tion, storage, and disposal of hazardous waste.Emphasizes federal legislation, including theToxic Substances Control Act, the Resource Con-servation and Recovery Act, and the Comprehen-sive Environmental Response, Compensation, andLiability Act. LECLAW 982 Regulatory Law and Policy (2.50-3). Ex-amines the legal, political, and policy bases forgovernment regulation. Includes the regulation ofutilities, health and safety regulation, and regula-tion associated with welfare programs and publiceducation. Emphasizes how lawyers engage in pol-icy analysis when they appear before regulatoryagencies. There are no prerequisites although stu-dents may find it helpful to take AdministrativeLaw before enrolling. LECLAW 984 Research Workshop: _____ (2-3). Of-fers a limited number of students the opportunityto conduct related independent research projectsunder faculty supervision in some selected area ofstudy. Each student will write an independent re-search paper for two credit hours as describedunder LAW 924 Independent Research; each stu-dent will also engage in one credit hour of relatedclass discussion and assigned readings. Participa-tion in any Research Workshop counts as, and issubject to the same rules as an independent re-search project. Participation in a Research Work-shop constitutes 2 hours of independent researchcredit for the purpose of computing the maximumnumber of independent research hours. Each pro-posed workshop must be approved by the Stu-dent/Faculty Assembly. LECLAW 986 Securities Regulation (2.50-5). Ananalysis of federal and state securities law andstate “Blue Sky” laws. Prerequisite: Business As-sociations I and Business Associations II. LECLAW 987 Sovereignty, Self-Determination, andthe Indigenous Nations (2-3). Examines legal,governmental, political, social, cultural, and eco-nomic issues associated with American Indiantribal sovereignty and self-determination. Includesthe source and scope of tribal sovereignty; thethreats to tribal sovereignty; and the methods bywhich tribal sovereignty can be strengthened andrevitalized. (Same as INS 883.) LEC

LAW 994 Special Topics: _____ (1-3). The con-tent of this course varies, and will be announcedprior to pre-enrollment. May be repeated if thereis no duplication of subject matter. LECLAW 989 Tax Policy (2). Surveys the fundamentallegal, economic, and political considerations rele-vant to the formulation of tax policy. Includes anincome versus consumption and local tax policy,and flat tax proposals. Prerequisite: Federal In-come Taxation. Taxation of Business Enterprisesis recommended, but not required. LECLAW 855 Taxation of Business Enterprises (2-3).A study of the effect of the federal income tax oncorporations, partnerships, and limited liabilitycompanies, as well as their owners. Includes cov-erage of federal income tax provisions having es-pecially important effects on business activities ingeneral. Prerequisite: Federal Income Taxationand Business Associations I. LECLAW 990 Taxation of Mergers and Acquisitions(2.50-3). Examines the income tax treatment ofcorporations and their shareholders arising fromtaxable and tax-free acquisitions of corporate stockor assets. Includes statutory mergers, triangularreorganizations, recapitalizations, and corporatedivisions. To ensure greater understanding of thetechnical rules, will also focus on the non-tax mo-tives underlying these types of transactions, in-cluding strategic and economic considerations.Prerequisite: Taxation of Business Enterprises.LECLAW 854 Topics in Advanced Legal Research:_____ (1). Focuses on advanced legal researchmethodologies and sources related to a specificarea of law. The area of law will be selected by theinstructor and announced prior to enrollment, andcould include environmental law, criminal law,tribal law, business law, intellectual property, or in-ternational law, among others. Depending on thearea of law being covered, sources will include ad-ministrative materials, loose-leaf services, trea-tises, practice materials, association regulations,commercial databases, and the Internet. Studentswill prepare a research plan in a specific area ofthe law being covered. Each student will turn inresearch logs that document the steps taken tocomplete research problems. LECLAW 983 Topics in Insurance Law (1). An intro-duction to basic principles of insurance law, includ-ing insurance contract formation and interpreta-tion, with emphasis on special problems concern-ing automobile insurance and other liability insur-ance, insurance defense, settlement, and no-faultinsurance. Prerequisite: Torts I and Contracts Iand II. LECLAW 893 Topics in the Law of Cyberspace (2-3).Addresses emerging legal issues stemming fromthe growth of the Internet and the World Wide

Web. Includes first, fourth, and fifth amendmentissues, privacy rights, the criminal and civil tort li-ability of service providers for the conduct ofusers, cryptology, and the role of government inassuring equal access for all Americans to the con-tents of the Web. Much of the course will be con-ducted online; students’ grades will be based onboth their input into online discussion, and a sub-stantive paper of no less than twenty pages. Satis-fies the upper class writing requirement. Prerequi-site: Introduction to Copyright in Literary andArtistic Works or permission of the instructor.LECLAW 991 Torts II (2-2.50). Examines areas of tortlaw not considered in Torts I, such as misrepre-sentations, defamation, privacy, misuse of legalprocedures, and interference with advantageousrelationships. LECLAW 992 Trial Advocacy (2.50-3). A skills coursedesigned to teach the fundamentals of trial prac-tice including opening and closing statements, di-rect and cross examination, use of demonstrativeevidence, introducing exhibits, making eviden-tiary objections, and courtroom procedure anddecorum. Combines skills workshops,lecture/demonstrations, and a mock trial. Prereq-uisite: Evidence. FLDLAW 998 Tribal Judicial Support Clinic (3). Stu-dents are assigned research projects from partici-pating tribal courts as arranged by the instructor.Students provide research assistance to tribalcourt personnel in an array of projects that rangefrom tribal code development, legal research anddrafting of legal memoranda and judicial orders.Prerequisite: Federal Indian Law; Sovereignty,Self-Determination, and the Indigenous Nations;or Native American Natural Resources. LECLAW 995 Water Law (2.50-3). A study of waterrights including the riparian and prior appropria-tion doctrines for surface water, and the variousdoctrines for groundwater. Private and publicwater distribution organizations, and special waterdistricts. Water pollution control. Interstate con-flicts over water resources. Federal governmentinvolvement in water distribution including federalpowers and programs. Indian and reserved rights.Kansas water law. (Same as INS 879.) LECLAW 997 Workers’ Compensation (3). Primaryemphasis will be placed on workers’ compensation(industrial insurance), where some of the basicproblems of work-connected injuries and diseaseswill be considered. Current proposals for compen-sating the traffic victim without reference to faultwill also be treated by way of comparison to theworkers’ compensation system. As time permits,other areas of social legislation may be surveyed.LEC

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THE UNIVERSITY OF KANSAS • 2006-2007 SCHOOL OF LAW CATALOG

A substantial number of second- and third-year courses have one or more upper-level courses as prerequisites.

Course PrerequisiteAdvanced Bankruptcy: Business Reorganizations Commercial Law: Secured Transactions, BankruptcyAdvanced International Trade Law A basic course in international trade regulation or equivalent or permission of instructorAdvanced Legal Ethics Professional ResponsibilityAdvanced Litigation Evidence, Trial Advocacy, and permission if Advanced Litigation has been takenAdvanced Topics in Labor and Employment Law One or more courses in labor or employment lawAgriculture Law Commercial Law: Secured Transactions*Bankruptcy Commercial Law: Secured TransactionsBiodiversity Law Environmental Law SurveyBusiness Associations II Business Associations IBusiness Planning Seminar Business Associations I and II, Federal Income Taxation, Taxation of Business EnterprisesConflict of Laws 45 hours of law school credit or permissionConstitutional Topics Constitutional Law*Contracts III Contracts I and IICriminal Prosecution Clinic Evidence, Trial Advocacy*, qualification under Kansas Rule 709 (See Clinic Rules, p. 14)Defender Project Defender Project Class*Elder Law Externship Elder Law Research Project*Employment Law Constitutional Law*Estate Planning: Practice Estate Planning: PrinciplesEstate Planning: Principles Estates and Trusts, Federal Income TaxationExternship Clinic Professional Responsibility*, Independent Research*Federal Courts and the Federal System Constitutional LawFederal Tax Procedure Federal Income TaxationFirst Amendment Freedoms Constitutional LawIndependent Research 40 hours of law school credit, 2.0 overall grade-point averageInternational Human Rights Law Constitutional Law*, Public International Law*, or permissionInternational Law Seminar Public International Law, International Commerce and Investment, or International

Trade LawLegal Aid Clinic Professional Responsibility, Trial Advocacy*, qualification under Kansas Rule 709

(See Clinic Rules, p. 14)Moot Court Competition Second-year statusNonprofit and Tax-exempt Organizations Business Associations I, Federal Income TaxationPatent Law Intellectual PropertyQualified Retirement Plans Federal Income TaxationRace Discrimination Law Constitutional LawRefugee and Asylum Law Public International Law, International Human Rights Law, Immigration Law, or consent

of instructorSecurities Regulation Business Associations I and IITax Policy Federal Income TaxationTaxation of Business Enterprises Federal Income Taxation, Business Associations ITaxation of Mergers and Acquisitions Taxation of Business EnterprisesTopics in Insurance Law Torts I, Contracts I and IITopics in the Law of Cyberspace Introduction to Copyright in Literary and Artistic Works or permissionTrial Advocacy EvidenceTribal Judicial Support Clinic Federal Indian Law; Sovereignty, Self-Determination, and the Indigenous Nations;

or Native American Natural Resources*concurrent enrollment acceptable

Course Prerequisites

Page 24: School of Law Catalog2006-2007

Academic Calendar

24

Fall Semester 2006Monday, August 14: Orientation.Thursday, August 17: Classes begin.Monday, September 4: Labor Day,

no classes.Thursday, October 12: Fall break begins,

no classes.Monday, October 16: Classes resume.Wednesday, November 22: Thanksgiving

recess begins, no classes.Monday, November 27: Classes resume.Friday, December 1: Last day of classes

at the School of Law.Saturday, December 2: Reading day.Monday, December 4: First day of final

examinations.Friday, December 15: Last day of final

examinations.Saturday, December 16: Recess begins.

Spring Semester 2007Friday, January 19: Classes begin.Saturday, March 17: Spring break begins.Monday, March 26: Classes resume.Thursday, May 3: Last day of classes

at the School of Law.Friday, May 4: Reading day.Saturday, May 5: First day of final

examinations.Friday, May 18: Last day of final

examinations.Sunday, May 20: Commencement.

Summer Session 2007

Summer StartersFirst SessionMonday, May 21: Orientation.Tuesday, May 22-Wednesday, June 20:

Classes.Thursday, June 21: Reading day.Friday, June 22-Saturday, June 23: Final

examinations.

Second SessionMonday, June 25-Wednesday July 25:

Classes.(No classes on Wednesday July 4)Thursday, July 26: Reading day.Friday, July 27- Saturday July 28: Final

examinations.

Upper-level StudentsFirst SessionMonday, May 21-Friday June 15: Classes.Saturday, June 16: Reading day.Monday, June 18-Tuesday June 19: Final

examinations.Second SessionWednesday, June 20- Wednesday July 18:

Classes.(No classes on Wednesday July 4)Thursday, July 19: Reading day.Friday, July 20-Saturday July 21: Final

examinations.

Fall Semester 2007Monday, August 13: Orientation.Thursday, August 16: Classes begin.Monday, September 3: Labor Day,

no classes.Thursday, October 11: Fall break begins,

no classes.Monday, October 15: Classes resume.Wednesday, November 21: Thanksgiving

recess begins, no classes.Monday, November 26: Classes resume.Friday, November 30: Last day of classes

at the School of Law.Saturday, December 1: Reading day.Monday, December 3: First day of final

examinations.Friday, December 14: Last day of final

examinations.Saturday, December 15: Recess begins.

Spring Semester 2008Thursday, January 17: Classes begin.Monday, January 21: Martin Luther King

Day, no classes.Saturday, March 15: Spring break begins.Monday, March 24: Classes resume.Thursday, May 1: Last day of classes

at the School of Law.Friday, May 2: Reading day.Saturday May 3: First day of final

examinations.Friday, May 16: Last day of final

examinations.Sunday, May 18: Commencement.

Summer Session 2008First SessionMonday, May 19: New student orientation.Tuesday, May 20-Wednesday, June 18:

Classes.Thursday, June 19: Reading day.Friday, June 20-Saturday, June 21: Final

examinations.Second SessionMonday, June 23-Wednesday, July 23:

Classes.(No classes on Friday July 4)Thursday, July 24: Reading day.Friday, July 25-Saturday, July 26: Final

examinations.

THE UNIVERSITY OF KANSAS • 2006-2007 SCHOOL OF LAW CATALOG