JURIS DOCTOR CURRICULUM (89 Credits)
|LAW 103||Civil Procedure I||2.5|
|LAW 107||Constitutional Law I||2.5|
|LAW 111||Contracts I||2.5|
|LAW 117||Legal Research and Writing I||2|
|LAW 125||Property I||2.5|
|LAW 104||Civil Procedure II||2.5|
|LAW 108||Constitutional Law II||2.5|
|LAW 112||Contracts II||2.5|
|LAW 118||Legal Research and Writing II||3|
|LAW 126||Property II||2.5|
|LAW 115||Criminal Law||3|
|LAW 203||Professional Responsibility||3|
|LAW 205||Legal Research and Writing III||3|
|LAW 335||Business Associations||4|
|LAW 341||Criminal Procedure||3|
|LAW 429||Commercial Law||3|
|LAW 457||Trusts and Estates I||3-4|
|Professional Skills Required|
|Select 2-3 credits||2-3|
|Second and Third Year Electives|
|Select credits needed to reach 89 total credits||33|
|No more than 7 of the 89 credits may be in non-classroom hours|
Credits listed above are informational only. Total credits required for graduation is 89.
LAW 100. Introduction to Law. 0 credits.
This course is required for all accelerated J.D. students. Students satisfactorily completing the course will receive a grade of Satisfactory. The course will provide an introduction to the United States legal system and skills helpful for success in law school. The course will include discussion of: sources of law and hierarchy of legal authority; common law vs. statutory law; law and equity; precedent; division between civil and criminal law; the federal and state systems; role of lawyers in society; respective roles of attorney, judge and jury in a case; anatomy of a law suit; rules of civil procedure and evidence; learning from casebooks; identifying the issues; how to brief a case; how to prepare course outlines; how to take law school exams.
LAW 103. Civil Procedure I. 2.5 credits.
Coverage includes procedure in civil actions in the state and federal courts, including subject matter jurisdiction, venue, personal jurisdiction, choice of law, pleading, joinder of claims, joinder of parties, discovery, and res judicata.
LAW 104. Civil Procedure II. 2.5 credits.
Civil Procedure II continues the coverage from Civil Procedure I, including subject matter jurisdiction, venue, personal jurisdiction, choice of law,pleading, joinder of claims, joinder of parties, discovery, and res judicata.
LAW 107. Constitutional Law I. 2.5 credits.
Constitutional Law I concentrates on the structure of the U.S. government. The course surveys the constiutional powers and limitations applicable to each of the three branches of the federal government,. This course also examines the subject of federalism through the constitutional relationship of the federal and state governments.
LAW 108. Constitutional Law II. 2.5 credits.
Constitutional Law II focuses on how the U.S. Constitution protects indvidual rights and liberties. The course offers extensive coverage of State Action, Due Process, Equal Protection, and the First Amendment doctrines and minor coverage of the Takings, Privileges or Immunities, and Contracts Clauses.
LAW 111. Contracts I. 2.5 credits.
Contracts I covers the fundamental principles governing the formation of contracts. Special attention is given to the requirements of offer and acceptance, consideration and remedies in the event of breach. Some attention is also given to the effect of the Uniform Commercial Code on the law of contracts.
LAW 112. Contracts II. 2.5 credits.
Contracts II covers the interpretation, performance, and enforcement of contracts. Special attention is given to formal requirements, public policy, and the issues of third parties in contracts. Some attention is also given to the effect of the Uniform Commercial Code on the law of contracts.
LAW 115. Criminal Law. 3 credits.
The basic concepts of substantive criminal law are examined in this course. Offenses against persons, habitations, property, and public administration are covered together with principles of individual and corporate criminal responsibility. Statutory and common law defenses are studied. Criminal liability via acts of accomplices and conspirators will be scrutinized. RICO and other modern criminal statutes will be examined. This course is a core course in the Criminal Law and Procedure Area of Concentration.
LAW 117. Legal Research and Writing I. 2 credits.
This course is designed to acquaint students with the nature of legal research. Attention is given to the mechanics of legal research and the uses of the various sources. Legal citation and precedent are also studied. Computer-assisted legal research is introduced.
LAW 118. Legal Research and Writing II. 3 credits.
Students analyze judicial opinions; apply legal concepts and rules; learn the techniques of writing memoranda and briefs; and learn oral advocacy skills. Students are expected to complete written assignments involving independent research and writing and to participate in an oral advocacy exercise.
LAW 125. Property I. 2.5 credits.
Property I, in addition to helping students understand basic legal process, explores issues relating to acquisition and transfer of rights in personal property, including theories of creation, find, capture, bailment, and gift. The course also examines the various legal configurations that comprise "ownership" of land as well as discussing the relationships of concurrent owners. The course also examines the convergence of statutory, property and contract theories as they relate to leasehold estates.
LAW 126. Property II. 2.5 credits.
Property II explores the land transaction process, especially the use of contracts and deeds and the interplay of equitable theories in that process. It examines as well issues of title assurance, document recordation and adverse possession. Property-based and covenant-based non-possessory rights to land, known as servitudes, are studied as well.
LAW 131. Torts. 4 credits.
The subject of this course is civil liability for intentional, reckless, or faultless conduct which causes harm to an interest of personality or property. Product liability and various business torts are also discussed.
LAW 203. Professional Responsibility. 3 credits.
This course considers the nature of the legal profession as well as the Code of Professional Responsibility and the Model Rules of Professional Conduct. It deals with such things as conflicts of interest; confidences and secrets; advertising; solicitation of clients; the contingent fee; and many of the items contained in the old legal Canons of Ethics. As students consider the profession and the Code, they deal with some of the current problems of the profession, including specialization; legal education; group practice; overcrowding; lawyers' incomes; competition from related professions (unauthorized practice of law); the paraprofessional; prepaid legal insurance; professional negligence; and public interest law.
LAW 204. Universidad Pontifica Comillas de Madrid. 12 credits.
LAW 205. Legal Research and Writing III. 3 credits.
Instruction is continued from Legal Research and Writing I and will center on reporting legal research, persuasive writing, and application of procedural requirements in the writing context. Assignments include memos, pleadings, discovery documents, motions, briefs, and client letters. The course also focuses on improving writing style based on the audience and purpose of the document.
LAW 299. Animal Law. 3 credits.
This course addresses legal issues that affect animals, including companion animals, wildlife, and animals raised for commercial purposes. Topics that will be discussed include animal cruelty, animals as property, tort claims regarding animals, estate issues involving animals, animals raised for food, animals in entertainment, animals used for research, and federal issues regarding animals. Course work will involve not only the reading and discussion of court opinions, but also the drafting of documents related to certain matters being discussed in class.
LAW 300. The Impact & Legacy of the Holocaust on the Law. 3 credits.
LAW 301. Arbitration/Trial Theory. 1 credit.
This course teaches about theme and theory in trials and arbitration hearings and the analytical structure of the component parts of proceedings in these forums. From among the students in this course, students will be selected to represent Creighton in the ABA Arbitration Competition. The course will cover development of theme and theory; the structure of and evidentiary issues relating to openings and closings, direct examination, and cross examination; use of demonstrative aids; rules of rhetoric and power of word choice; trial/arbitration hearing notebooks; voir dire; framing offers of proof; and ethics and personal integrity in trials and hearings. Enrollment for this course is limited to third-year law students. Preference will be given to law students (1) who have excelled in a joint open try-out for the Arbitration and Advanced Trial Practice teams (conducted during the second-semester of the second year) or (2) who are enrolled in the Werner Institute with a specialized interest in arbitration. The course is graded pass/fail. This course is a related course in the Litigation Area of Concentration.
LAW 302. Comprehesive Review. 2 credits.
This course provides a comprehensive review of basic legal subjects. The course will cover all Multistate Bar Exam and Multistate Essay Exam topics. The topics covered are constitutional law, contracts/sales, criminal law, criminal procedure, evidence, real property, torts, agency, commercial paper, conflicts, corporations, family law, federal civil procedure, partnerships, sales, secured transactions, trusts, future interests, and wills. The course is available only to third year students. The course is intended to give students a jump-start on their bar examination preparations and does not replace existing commercial bar review courses. P: Students must have completed four full-time semesters of law school or at least 59 credit hours.
LAW 303. Financial Statement Analysis. 2 credits.
This course is an introduction to the field and discipline of financial accounting for lawyers who have a non-financial background. During the course the student is exposed to the mechanics and terminology of financial accounting, including the purpose and relationship of the basic financial statements and accounting for specific items such as inventory, depreciation, and taxes. This is a non-technical course which seeks to acquaint the non-financial student with the general purposes of accounting and the independent accountant in our society. Students who have taken more than three hours of accounting may not register for this course without instructor permission. This course is a related course in the Business, Taxation and Commercial Transactions Area of Concentration.
LAW 306. Conflict Engagement and Leadership. 3 credits.
Using both practice and theory, this course explores civic organizing, civic social systems, and democracy. Civic organizers create civic relationships that bridge across institutional and other social divides. The resulting civic social systems enable the collaborative formulation and resolution of issues in ways that respect the good of the whole group. The course examines the relationship of civic systems and civic organizing to democracy and government-in both the domestic and the international contexts-as well as to other social institutions including business, families, and those of "civil society." Consideration of the role of lawyers is a key part of this examination.
LAW 307. Administrative Law. 3 credits.
This course examines the form, organization, and function of administrative agencies in the context of a democratic constitutional system. The course looks at agency rulemaking, enforcement, and adjudication, and examines as well the legislative, executive, and judicial control of those functions. This course is a related course in the Litigation Area of Concentration.
LAW 308. Advanced Trial Practice. 3 credits.
This course will cover opening and closing statements, evidentiary objections, offers of proof, the introduction of demonstrative evidence, trial tactics, trial preparation, direct and cross-examination of witnesses, and trial strategies generally. Students will prepare for regional trial competitions and will be required to try the competition cases. All students will be involved in one of the regional competitions either as an attorney, witness, or assistant. Class size will be limited to third-year students who will be selected based on a trial competition conducted in the fall. This course is a related course in the Criminal Law and Procedure Area of Concentration. This course is a related course in the Litigation Area of Concentration. P: LAW 103, LAW 104, and LAW 355.
LAW 309. Comparative Constitutional Law. 2 credits.
Comparative Constitutional Law is a 2-hour paper seminar exploring the structural intricacies of various forms of constitutional construction in a variety of countries. The U.S. Constitution serves as a touchstone to compare the political and legal choices made by countries such as Canada, France, Japan, South Africa, Britain and Russia (to name a few) in setting up their own constitutional governments. The legal and policy ramifications of those choices are then explored in the context of interpretive case law and subsequent amendment processes. “Constitution-making” is also discussed in the context of Germany’s experience with its post-World War I constitution founding the Weimar Republic and then its post-World War II Basic Law founding the Federal Republic of Germany alongside newer examples of constitutionmaking in post-war Afghanistan and post-war Iraq. Students select research topics on which to write in addition to selecting a specific constitution on which to present in class. This course is a related course in the International & Comparative Law Area of Concentration.
LAW 310. Alternative Dispute Resolution. 2,3 credits.
Law students and lawyers have traditionally regarded formal court adjudication as the norm in the process of resolving disputes between parties. This course will provide an overview of the alternatives to formal court adjudication including negotiation and mediation. The course will emphasize other processes of dispute resolution that are complementary to litigation, primarily the law and procedures relating to arbitration under the Federal Arbitration Act. The course format will include in-class problems and exercises, guest lecturers, and videotapes. This course is a related course in the Litigation Area of Concentration.
LAW 311. Advanced Constitutional Law. 3 credits.
This course examines the role of the Supreme Court in protecting the rights of individuals and minority groups against national or state governmental activity that conflicts with constitutional guarantees. The course focuses on problems of substantive due process, equal protection, and free speech. The course inquires into the double standards of judicial review ("strict scrutiny" and "rational basis") as a mode of constitutional analysis. P: LAW 107 and LAW 108.
LAW 312. Advanced Legal Writing and Drafting. 2,3 credits.
This seminar is designed to improve and fine-tune legal writing skills by emphasizing inductive and deductive organization in various legal documents, and editing and critiquing documents to add clarity and structure. Drafting assignments will include trial briefs, correspondence, and estate documents. This is a related course in the Litigational Area of Concentration. P: LAW 117 and LAW 118.
LAW 313. Advanced Legal Research. 2 credits.
Legal research is a basic part of the practice of most beginning attorneys. While research is changing dramatically with the increased use of online databases and the Internet, an understanding of print resources remains essential. This course explores recent developments in the field and provides an overview of print and electronic research approaches. ics to be discussed include basic primary and secondary sources, including legislative history and administrative law; legal materials used in Nebraska practice; cost-effective use of online systems; research in specialized areas of the law; the use of non-legal and business materials; the role of the World Wide Web in legal research; and nontraditional approaches to finding legal information. P: LAW 117.
LAW 315. Arbitration. 2 credits.
This course will focus on the legal and procedural aspects of arbitration agreements and the conduct of arbitration proceedings in the United States. The course will provide students with an understanding of the law of arbitration as it relates to drafting enforceable agreements to arbitrate virtually any civil claim that can be heard by a court of law. The course will also provide students with an in depth view of the arbitration process itself, including the filing of an arbitration claim; selecting arbitrators; conducting limited discovery; how to conduct the arbitration proceeding itself and the unique challenges associated with the fact legal rules associated with the admission of evidence, hearsay rule, etc. are inapplicable in an arbitration proceeding; and the limited ability to appeal or challenge an arbitrator’s decision. While the course will touch upon the law of arbitration as it relates to the unique field of labor arbitration and international arbitration, the focus of the course will be on non-labor civil arbitration proceedings before privately selected arbitrators in the United States. This course is a related coruse in the Litigation Area of Concentration.
LAW 316. Community Economic Development Clinic. 4 credits.
The Community Economic Development Clinic provides students an opportunity to work on a broad range of transactional and business law issues affecting community development. Students in the CED Clinic will represent a client base of non-profit and community based organizations that serve low-income communities across the state of Nebraska and small business owners. Students will advise corporations on legal and regulatory issues, draft and file articles of incorporation; prepare by-laws; review transactional and organization documents; research questions of state and federal law. Students can expect to prepare legal memoranda and opinions and assist in counseling clients on litigation matters. Each student will advise a small business owner on business planning questions. Grades are on a pass, pass 60, fail basis. The hours are non-classroom credit hours. The Community Economic Development Law class is a co-requisite for the CED Clinic. P: Students must have completed at least four full-time semesters of law school or at least 59 credit hours.
LAW 318. Community Economic Development Law. 2 credits.
Community development efforts over the last fifty years have resulted in a patchwork of federal, state, public and private programs and efforts. This course will introduce students to a variety of these efforts with emphasis on housing development and the role of nonprofit corporations. Coverage will include tax-exempt corporations under IRC 501 and low-income housing development. General governance of non-profits will be analyzed. This course is a co-requisite to the Community Economic Development Clinic. A final paper will be required in lieu of an exam.
LAW 320. Comparative Criminal Procedure. 2 credits.
This course will compare criminal procedure processes of the United States and various foreign jurisdictions by examining criminal procedural law arising from statutes, court opinions and other informal sources. Major procedural areas such pretrial detention, interrogation, discovery, exclusionary rules, plea-bargaining, victims' rights, trial rights, the role of counsel, and appeals will be considered. By developing these comparisons, the course will familiarize students with diverse procedural approaches and enhance understanding of the assumptions inherent in our own adversarial process. This course is a related course in the Criminal Law and Procedure area of concentration. P: LAW 107, LAW 108, and LAW 341.
LAW 322. Bioethics and the Law. 3 credits.
This course examines the emerging legal concepts reflecting the rapid developments in modern medicine and the moral concerns of society. Emphasis is on judicial decisions and philosophical analyses dealing with issues such as genetic manipulation (treating disease, creating super-humans), novel modes of procreation (cloning, IVF), maternal-fetal conflicts, human experiementation, the nature of consent regarding medical procedures, control of drugs and organs, definitions of death, and the implications of euthanasia.
LAW 324. Antitrust. 3 credits.
Detailed coverage of the Sherman and Clayton Acts, as they have been interpreted by the federal courts, is the emphasis in this course. Students examine (1) collaboration among competitors to fix prices, operate trade associations, regulate methods of competition, create joint ventures, set the terms of dealing with others, or exchange patent licenses; (2) legal and economic concepts of monopoly and monopolization; (3) vertical restraints including resale price maintenance, exclusive distributorship, territorial and customer limitations on dealers, refusals to deal, tying, and exclusive dealing arrangements; and (4) horizontal, vertical and conglomerate mergers. This course is a related course in the Business, Taxation and Commercial Transactions Area of Concentration.
LAW 325. Banking Law and Regulation. 3 credits.
This course examines the regulation of the American banking industry. Students learn why banks have traditionally been regulated much more heavily than other industries, and how those regulations are structured, including limits on entry and geographic expansion, permissible activities, and usury, as well as incentives for loans and other services to lower-income people within a bank's serve area. Federal and state bank regulatory agencies and their enforcement powers will be covered. This course is a related course in the Business, Taxation and Commercial Transactions Area of Concentration. P: LAW 335.
LAW 326. Business Planning. 3 credits.
Selected problems are analyzed to familiarize students with a variety of business transactions, including organizing a business venture, recapitalizing the business, and selling or merging the business. These problems require the student to consider various aspects of corporate, securities, and tax law with respect to each transaction. General business and accounting principles are also analyzed. This course is a core course in the Business, Taxation and Commercial Transactions Area of Concentration. P: LAW 335 and LAW 363.
LAW 328. Client Interviewing and Legal Counseling. 3 credits.
This course focuses on (1) the communication and counseling skills necessary to attorneys representing clients, (2) the role of the attorney acting for and with the client, and (3) the lawyering dilemmas that can occur in the attorney-client relationship and ways to resolve those problems. Practical skills and an understanding of ethics and law needed for client interviewing and legal counseling, both in person and in written and telephonic communications, are fostered and practiced in this course. Students' skills are developed through practical training and simulated client experiences, and ethical, professional considerations in all aspects of attorney-client communications and counseling are explored and addressed both in class and in students' written assignments. Readings are drawn primarily from the law; additional readings will also be assigned from psychology, neuropsychology, history, and social science, in both the required reading and in other materials provided to the students.
LAW 329. Bankruptcy II. 3 credits.
This course introduces techniques for business reorganizations with emphasis on Chapter 11 reorganizations under the federal bankruptcy laws. A research paper, 20-25 pages in length, concerning a topic of interest to the student will also be required. This course is a related course in the Business, Taxation and Commercial Transactions Area of Concentration. P: LAW 111, LAW 112, LAW 429 and LAW 337.
LAW 331. Conflict of Laws. 3 credits.
This course examines the numerous conflict-of-laws systems used in the United States to determine the applicable law in multistate disputes, i.e., disputes that affect more than one state, or that involve people from more than one state, or both. In addition, the course examines the constitutional limits on the ability to apply the law of particular states to a dispute, especially the limits existing under the Due Process Clause of the Fourteenth Amendment and the Full Faith and Credit Clause of Article IV, section 1 of the United States Constitution. Also included is an examination of the problems of interstate judgment enforcement in the United States. The course begins with an introduction to the different conflict-of-laws methods systems used in the United States. Also examined in this introduction are general problems that transcend all conflict-of-laws systems, such as the problem of distinguishing between substantive rules and procedural rules for purposes of conflict-of-laws cases, concepts such as domicile, and so forth. Following this general introduction, the course examines constitutional limits on the ability to apply a particular state's law to multistate disputes. This is followed by examination of problems of interstate judgment enforcement. Finally, time permitting, the course will conclude with an examination of conflict-of-laws problems in particular substantive areas, such as torts, contracts, property, and domestic relations. P: LAW 103 and LAW 104.
LAW 332. Corporate Finance. 3 credits.
This course is an introduction to the legal issues involved in corporate finance. It examines methods used by corporations and investors to value businesses, raise capital and regulate conflicting interests between shareholders and creditors. We will also examine popular new financial products such as hybrid securities, derivatives, and asset securitizations. Emphasis will be placed primarily on the role of lawyers in corporate finance rather than on financial theory. P: LAW 335.
LAW 334. Children, Family, and the State. 3 credits.
This course examines the legal interactions between the family and the state as they affect children. Among the issues covered are the legislative and judicial allocations of power between the family and the state; the child's voice in allocating that power and in related decision-making; the legal framework for the child's relationships within the family; protecting children from neglect and abuse; and adoption. Course materials will include casebook assignments supplemented by readings from legal, medical, psychological, and social science literature. A student who has completed LAW 377 may not take this course.
LAW 335. Business Associations. 4 credits.
This course covers: the general principles of agency and partnership and an overview of limited liability companies; a detailed analysis of the corporation and its peculiar advantages; selecting the appropriate form of business organization; preincorporation activities of promoters, subscribers, and others; the formation, capital structure, financing, and powers of the corporation, including the distribution of powers among the shareholders, directors, officers, and employees; how these people are selected and how they exercise their powers; the state statutory regulations of corporations; the special problems of the closely-held corporation, especially control devices and tax features; the duties of corporate directors and officers; and dividend policy. The course also touches upon federal securities law, derivative suits, and fundamental corporate changes. This course is a core course in the Business, Taxation and Commercial Transactions Area of Concentration.
LAW 336. Civil Rights Law. 3 credits.
This course examines the nature and relationships among the federal civil rights legislation. The course will look at the legislation that protects constitutional rights, primarily 42 U.S.C. 1983. Included are the defenses and immunities of individuals and governmental entities, the relationship between the state and federal courts in civil rights actions, and remedies for the violations of constitutional rights. The course will also study legislation which establishes rights beyond those protected in the Constitution, including civil rights legislation pertaining to housing and contractual relationships, employment, voting, the handicapped, and other federally assisted programs, and remedies for the violation of those statutory rights.
LAW 337. Bankruptcy I. 2,3 credits.
This course opens with a brief study of debt collection methods and legal limitations under state law, including executions, garnishments, exemptions, and fraudulent conveyances. The principal focus of the course, however, is the Bankruptcy Act of 1978. Consumer bankruptcy will be examined under Chapters 7 and 13 of that act. Some aspects of business bankruptcies under Chapters 7, 11, and 13 will also be covered. P: Contracts and Secured Transactions. May take Secured Transactions concurrently with Debtor-Creditor Relations. This course is a related course in the Business, Taxation and Commercial Transactions Area of Concentration. P: LAW 111 and LAW 112. P or CO: LAW 429.
LAW 339. Copyrights. 3 credits.
This course will explore the legal protections afforded literary, musical, dramatic, and artistic works and other works of authorship. Attention will be given to copyright issues created by recent and emerging technologies in the computer and electronic commerce areas. The course focuses primarily on the Copyright Act of 1976 and considers the types of works protected, the requirements for protection, and the scope of protection. The course considers the requirements necessary to establish copyright infringement, potential defenses, and remedies for infringement. This course is a related course in the Business, Taxation, and Commercial Transactions Area of Concentration.
LAW 340. Federal Courts:Relations Between Federal Courts & Congress & Between the Federal Courts & the States. 3 credits.
This course will examine the limits on the power of the federal courts to decide cases and controversies under Article III of the Constitution, the power of Congress to control the jurisdiction of the federal courts, the Erie doctrine, and other topics bearing on the relationship between federal courts and the other branches of the federal government and the relationship of those courts to the state courts, including the Eleventh Amendment and other doctrines bearing on the ability of the federal courts to entertain suits against states and state officers, and the federal remedy of habeas corpus. This is a related course in the Dispute Area of Concentration.
LAW 341. Criminal Procedure. 3 credits.
This course examines the original proceedings of the criminal process. Particular attention is given to the problems of arrest; search and seizure; self-incrimination; coerced confession; wire tapping; right to counsel; bail; speedy trial; discovery; plea bargaining; double jeopardy; and the retroactive effect of decisions. This course is a core course in the Criminal Law and Procedure Area of Concentration. P: LAW 107 and LAW 108.
LAW 342. International Trade Regulation. 3 credits.
The course will review national, regional and international programs to regulate cross-border trade. After a background review of constitutional and international law principles affecting trade, the primary focus of the course will be on the WTO/GATT system, including the regulation of tariffs and non-tariff barriers to trade, issues of non-discrimination and national treatment, restrictions on subsidies, antidumping rules, and dispute settlement mechanisms. In addition to the WTO-GATT system, the course will examine regional regulatory systems such as the European Union and NAFTA. Each student will be required to write a 15-page single-spaced research paper on a topic of his or her choice. Each student will also be required to make a presentation to the class on the selected research topic. Topics may include in-depth analysis of issues raised in the course material, examination of the trade policies of particular countries, the political and social implications of globalization, and current events relating to business and trade. There will be a mid-term exam, but no final exam.
LAW 343. Employee Benefits. 2 credits.
The course will give the student a basic understanding of the Employee Retirement Income Security Act ("ERISA") and related laws, in order to illuminate the policies behind, and requirements for, employee benefit plans. The emphasis will be on qualified plans (those plans designed to yield tax advantages for both employer and employee) though non-qualified plans (primarily executive compensation and stock options) will also be discussed. Pension benefit plans, health and other welfare benefit plans, and ERISA litigation will be covered.
LAW 345. Defense of Criminal Cases. 2 credits.
The purpose of this course is to give the law student a practical guide through the stages of an ordinary criminal case from both the prosecution and defense perspective. This course identifies critical points in the proceedings; warns of rights to be asserted and interests to be protected at each stage; describes the practices and procedures necessary or useful for the assertion of the rights and the protection of interests of the defendant; and suggests steps to be taken and issues to be considered by the prosecutor and defense counsel at the various stages. This course is a related course in the Criminal Law and Procedure Area of Concentration. This course is a related course in the Litigation Area of Concentration. P or CO: LAW 107, LAW 108, LAW 115, LAW 341, LAW 355 (priority given to students who have completed the prerequisites). A student who has completed LAW 418 may not take this course.
LAW 346. Employment Discrimination. 2-3 credits.
Students study federal and state statutes that prohibit employment discrimination on the basis of race, color, sex, religion, national origin, age, and disability.Primary attention is given to Title VII of the Civil Rights Act of 1964. The topics considered include an analysis of different theories of discrimination (including "reverse discrimination"); litigation under Title VII; the impact of Title VII on employment practices; the overlap between Title VII and other anti-discrimination statutes; remedies, including "affirmative action"; and the role of the Equal Employment Opportunity Commission.
LAW 347. Health Care Insurance Law. 2 credits.
Health Care Insurance is a course which focuses on the roles of payers, purchasers, providers and consumers in the shifting arena of private and public health insurance. This course includes five main areas of coverage. The first part of the course will explore the development of private health insurance, the growth of managed care models and the role of employers in shaping health benefits. The second portion of the course will explore the evolution of Medicare, Medicaid and the Affordable Care Act, with a strong emphasis on state health policy development. The third portion of the course wiill consider the evolution of new health delivery models such as Accountable Care Organizations and Patient Centered Medical Homes, new reimbursement methodologies that combine cost and quality elements and the expanding efforts at prevention and wellness in the face of chronic illness challenges. The fourth area of coverage includes a review of the obligations of hospitals and professionals to treat the uninsured, including EMTALA obligations, as well as policy questions involving equal access to healthcare for large, uninsured populations. Finally, this course will cover the five main post payment and prepayment auditing programs utilized by the Centers for Medicare & Medicaid Services to identify improper claims. The appeals process for unfavorable claims determinations will also be covered.
LAW 348. Criminal Process of Adjudication. 3 credits.
Students who enroll in this course will examine the progression of a criminal case from the initial decision to charge through post-trial proceedings, including the decision to prosecute, judicial screening, bail, discovery, pretrial motions, plea negotiations, trial, and sentencing. The principal objectives of the course are to equip students with a knowledge of the operation of the criminal justice system and to explore the ways in which lawyers fulfill the prosecutor and defense functions. The backbone of the course relies heavily on Supreme Court Precedent; therefore, students will develop facility in concrete application of Constitutional interpretation. The course will highlight key institutional relationships (and occasional conflicts) among courts, legislatures, prosecutors, defense attorneys, and juries that affect the handling of cases within the criminal justice system, as seen most notably in such areas as charging decisions, discovery, plea bargaining, trial and sentencing law and policy.
LAW 349. Environmental and Natural Resources Law. 2 credits.
This course surveys legal principles and programs that govern allocation, use, and protection of natural resources. In one portion, it reviews constitutional, statutory, and common law regulation of tem conservation. A second major portion of the course examines federal and state regulation and remediation of pollution of air, water, and land.
LAW 350. Elder Law. 3 credits.
There are more Americans over the age of 65, whether measured by the total number or by the percentage of the population, than in any time in our history. While everyone talks about what are the problems and issues we face as a society with a population that is aging, many of those over 65 are living a rich, full life while others at that age are living lives of poverty, hunger and isolation. One of the results of this growing group is a new specialization in law, "elderlaw." As part of this class we will study the issues such as age discrimination, legal assistance to the elderly, health care and long term care, housing and income maintenance, guardianships, and decisions about quality of life. One focus will be on ethical issues with respect to clients who are elderly, and we will also discuss crimes against the elderly and how we as a society can respond to this growing and troubling trend. Either a final paper or a final exam; TBA.
LAW 351. Estate and Gift Taxation (Federal). 3 credits.
This course considers the operation and use of federal estate, gift, generation-skipping, and related tax provisions applicable to gratuitous intervivos and testamentary dispositions of property. P: LAW 363 and LAW 457.
LAW 352. European Union Law. 3 credits.
This course introduces the purpose, structure and theory of the European Union since it evolved from inception under the 1956 Treaty of Rome as solely an economic body into the organization it is today with both domestic and international legal and political personality. Significant emphasis is placed on understanding the legal interplay among the principal governing organs: Council of Ministers, Commission, Parliament and the European Court of Justice and the promulgation of laws under this unique system. Constitutional case law is also discussed in the context of the "Four Freedoms" - free movement of goods, workers, persons and capital within the European Union. Immigration under the Schengen Agreement, unified monetary policy and accession of new member states will also be covered. [Students should note that this course may be offered only every other year, so a student who wants to take this course should take it at the first offering.].
LAW 353. Estate Planning. 2 credits.
This seminar deals with the planning for lifetime and testamentary wealth transmission in the context of common estate planning models. We discuss probate, nonprobate, and other tools and techniques involved in this process, including wills, living trusts, family limited partnerships, limited liability companies, private foundations, life insurance trusts, asset protection trusts, durable powers of attorney, and health care directives. The seminar addresses planning ideas and drafting techniques relating to federal estate, gift, and generation-skipping transfer taxes. P: LAW 351, LAW 363, and LAW 457.
LAW 354. Energy Law. 2 credits.
This Energy Law and Policy course explores the existing and emerging legal and policy issues governing energy resources in Nebraska, the United States and internationally. Energy topics covered will include federal and state energy policy; the history of energy law in America, and a thorough overview of the statutory acts and regulations governing different forms of energy. This course will also cover a variety of contemporary energy law topics such as oil and gas production (leases and hydraulic fracturing), natural gas (interstate pipelines, marketers, and public utility delivery systems), coal (rail transportation and environmental), electric power (generation, transmission, distribution), and renewable energy production such as wind), solar, biogas, ethanol, and other emerging renewable energy.
LAW 355. Evidence. 3 credits.
This is a comprehensive course covering the rules governing the introduction of evidence in judicial and, to a lesser extent, administrative proceedings. Attention is focused on the Federal Rules of Evidence, the Nebraska Evidence Rules, and the general principles of the common law of evidence. A combination problem/case book method is employed. This course is a core course in the Criminal Law and Procedure Area of Concentration. This course is a core course in the Litigation Area of Concentration.
LAW 357. Marriage and Divorce. 4 credits.
This course examines the issues of marriage and divorce as they have developed in history and as they appear in current practice. Areas that are covered include the constitutionality of statutory and public policy restrictions on marrying, procedures for marrying, common law marriage, traditional fault grounds for divorce and defenses to those grounds, divorce law reform, annulments, marital separations, jurisdictional and evidentiary problems, child custody, parents' rights to contact with their children, property divisions, spousal support, and child support.
LAW 358. Family Practice Law. 3 credits.
This course provides 3L students experience with family law cases by providing a multi-level simulation of law practice modeled on a small office setting. Class meets once weekly, three hours, in a laboratory format with mandatory attendance. Additional time on Friday afternoons is staffed by Professor Brooks and others to assist students with their work. Limited to 12 students. P: LAW 355,LAW 357, LAW 363, and LAW 457 (or permission of the professor).
LAW 359. Food & Drug Law. 3 credits.
This course will consider the many ways in which society attempts to manage the production, packaging, distribution, and marketing of human and animal food, dietary supplements, functional foods, drugs, medical technologies, and innovative biotechnologies, which together comprise approximately 25% of the gross national product. Tobacco products (including e-cigarettes) will also be covered. This course begins with the development of legal rules, both by private and public law, which govern the regulation of cosmetics, food supplements, functional foods, drugs, and devices from laboratory to ultimate use. The course then examines how the FDA uses these frameworks to regulate innovative biotechnologies such as genetically modified food, nanotechnology, cloning, artificial organs, gene and stem cell therapies (among many others). In addition, tort liability in connection with the production/manufacture, prescription, distribution and sale of these products will be analyzed. Finally, the First Amendment issues that arise when marketing products regulated by the FDA will be covered.
LAW 360. Health Care Law - Affordable Care Act. 2 credits.
This course presents an overview of the evolution of the American health care system with a special focus on the Affordable Care Act, especially Title I (Exchanges, Subsidies, Mandates, Employer Provisions, Insurance Underwriting Reforms) and Title III (Episodic Billing Systems, Accountable Care Organizations, Medical Homes). This will be followed by an examination of health care systems of other countries, and selected topics in bio-ethics, such as organ transplantation, and in public health, such as mandatory vaccinations.
LAW 361. Federal Courts: Jurisdiction and Procedure of the District Courts. 2,3 credits.
This course examines the jurisdiction of the United States District Courts and related matters. Included are in-depth examinations of the grants of federal question, diversity, and removal jurisdiction of the district courts, including the grant of supplemental jurisdiction to the courts. Also covered will be the venue of actions in the district courts and the ability of those courts to exercise personal jurisdiction over nonresidents. Also included will be an examination of certain procedural issues pertinent to the above topics, such as multiple party joinder and res judicata. Time permitting, the course will also examine topics relating to the power of federal courts in cases involving state officers, including Eleventh Amendment and other doctrines affecting the ability to sue state officials, and habeas corpus. P: LAW 103 and LAW 104.
LAW 363. Federal Income Taxation. 3 credits.
Federal income tax problems encountered in general practice are covered in this course. Included are tax problems of individuals and businesses; income concepts; deduction limitations; property transactions; capital asset transfers; and tax practice and procedure. This course is a core course in the Business, Taxation and Commercial Transactions Area of Concentration.
LAW 366. First Amendment Freedom of Speech. 2 credits.
The subject of this course is the Free Speech clause of the First Amendment to the United States Constitution. This course will explore political speech, commercial speech, and sexually explicit speech; the rights of individuals, political associations, and corporations; the rights of the speaker, the audience, and the state. This course will deal with the state's power to protect unwilling listeners, vulnerable audiences, and national security; to promote litter-free public spaces, the peace and quiet of neighborhoods, and the sanctity of homes; to preserve the discipline of schools, military barracks, and prisons. This course will cover panhandling, picketing, and posting signs; speech in a library, at a lunch counter, and in the middle of the street; flag burning, nude dancing, and rock and roll. P: LAW 107 and LAW 108.
LAW 367. Trusts and Estates II. 2 credits.
A continuation of Trusts and Estates I, this course focuses upon the following topical areas: trust administration (duties, power and liabilities of trustees); future interests (with special emphasis on recurring constructional issues): powers of appointment; the direct restraints doctrine; and the Rule Against Perpetuities (common law and modern day statutory reformulations). P: LAW 125, LAW 126, and LAW 457.
LAW 368. HIPAA Privacy and Security. 1 credit.
As our health information is being digitized and stored in electronic records, this transformation poses novel challenges for the laws designed to protect the privacy and security of our personal health information. This class will provide students with a substantive overview and analysis of the laws that directly govern or have an impact on health information privacy and security in the United States. The main focus of this course will be the privacy and security provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the foundation for federal protections of health information. Additionally, the course will examine the interplay between HIPAA and other federal and state health privacy laws, including preemption, and the application and enforcement of those laws in a variety of health care settings.
LAW 370. Immigration Law. 3 credits.
This course explores the history of United States immigration legislation from the Alien and Sedition Acts to the present, with emphasis on the McCarran-Walter Act of 1952 and the 1965 and 1976 Amendments. Coverage includes immigrant and nonimmigrant visas including visas based on employment, refuses and political asylum; excludable classes; entry procedure; deportable classes; the deportation process; and naturalization.
LAW 371. Insurance. 2 credits.
Insurance, as a special kind of contract subject to statutory regulations, is studied. Emphasis is placed on the requirements of insurable interest, fair disclosure, and truthfulness in representations and warranties. Detailed attention is given to the interpretation and application of the characteristic clauses in the various kinds of insurance, such as life, accident, liability and property insurance. Attention is also given to the rights of various persons who may have an interest in the policy, such as the beneficiary, or assignee of the life insurance policy, or, in case of property insurance, the mortgagee, vendor, or bailor of the property.
LAW 372. International Business Contracting. 3 credits.
This course covers the theory and practice of commercial contracting in an international setting. It will be of value to any student who aspires to practice business law, and the substantive material and experiences will be valuable for domestic practice as well as international. Subjects include sales, distributorships, licenses, joint ventures, investments, and loan agreements. Students will learn how lawyers represent business clients, and will engage in realistic negotiating and drafting exercises. A parallel course will be offered at Carlos III University in Spain, and teams of Creighton and Carlos III students will negotiate and draft a significant cross-border contract.
LAW 373. International Business Transactions. 2,3 credits.
This course explores the problems faced by American lawyers counseling clients who buy, sell, invest, or otherwise do business abroad. Topics covered are the international sales of goods, including contract negotiation, terms of sale, risk of loss, force majeure, governing law and payment (letters of credit); foreign sales through brokers and distributors; U.S. laws affecting international trade, such as customs classifications/duties, the Foreign Corrupt Practices Act, anti-boycott laws and foreign trade restrictions; international investment through foreign subsidiaries and joint ventures; and dispute resolution, including arbitration alternatives and the enforcement of foreign judgments. This course is a related course in the Business, Taxation and Commercial Transactions Area of Concentration.
LAW 375. Jurisprudence. 3 credits.
The most important skill cultivated in law school is the ability to reason persuasively. This course focuses directly on developing this skill. The course examines landmark decisions in the areas of Torts, Contracts, Property, Domestic Affairs, Probate, Environmental Law, and Constitutional Law for the purpose of revealing and criticizing the various argument styles relied upon by the various judges. Through case analysis and critique, the students will develop an understanding of the competing jurisprudential styles of legal positivism, legal realism, sociological jurisprudence, legal feminism, liberal entitlement theory, and law and economics. Each theory will be explored for both weaknesses and strengths connected with persuasive legal argumentation.
LAW 376. Health Care Organizations. 2 credits.
This course will introduce students to legal issues associated with the forms and structures of modern health care organizations, including creation and regulation of tax-exempt organizations and how the antitrust laws impact the structure and conduct of health care providers. This course will also cover federal and state laws that impose criminal and civil penalties on health care providers for a variety of activities. Coverage will include the five main Federal fraud and abuse laws: the False Claims Act, the Anti-Kickback Statute, the Stark Law, the Exclusion Statute, and the Civil Monetary Penalties Law, as well as an introduction to the Foreign Corrupt Practices Act. Discussions will include how health care businesses can comply with these laws in their relationships with payers (e.g., the Medicare and Medicaid programs), vendors (e.g., drug biologic, and medical device companies), and fellow providers (e.g., hospitals, nursing homes, and physician colleagues). These areas will be reviewed both from the perspective of compliance and transactional issues. The course will also cover labor and employment issues and management of patient safety issues.
LAW 377. Juvenile Law. 3 credits.
This course reviews the history and theory of the Juvenile Court system - its jurisdiction, investigation, types of hearings, hearing procedures, and constitutional rights. The course emphasizes delinquency, status offense, abuse, neglect, and dependency cases. Special attention is given to the prosecutor, guardian ad litem and defense counsel, and to the Nebraska Juvenile Code. This course is a related course in the Criminal Law and Procedure Area of Concentration. A student who has completed LAW 386 may not take this course.
LAW 379. International Environmental Law. 2 credits.
This seminar explores the legal adequacy of the international treaty-making process to address increasingly difficult global environmental problems such as climate change, deforestation, transboundary pollution, biodiversity protection, ozone depletion and desertification. Practical applications in negotiation, standard-setting, compliance and enforcement are also considered. Formulation of new law and policy options and creation of fresh approaches to these dilemmas are key components of seminar discussion.
LAW 380. Mergers and Acquisitions. 3 credits.
This course examines 1 state and federal laws (corporate, securities, tax) associated with acquisition transactions, traditional forms of acquisition transactions, duties of the board and counsel, due diligence reviews by acquirer and target, and negotiating representations, warranties, conditions and indemnification provisions. P: LAW 335.
LAW 381. Labor Law. 3 credits.
This course is confined to the legal problems arising out of employer-union-employee relations. Obligations imposed upon employers by the labor relations statutes; privileges and duties of labor organizations engaged in collective action; unfair labor practices; procedural and jurisdictional problems arising under labor relations legislation; and collective bargaining issues are covered. [Students should note that each of these courses may be offered only every other year, so a student who wants to take on of the courses should take it at the first offering.].
LAW 382. International Criminal Law. 2,3 credits.
This course covers America's domestic legal response and the world community's international legal response to international crime. Subjects discussed include individual criminal liability, extradition, immunity, the nature of sovereignty, judicial remedies for breaches of internationally protected human rights and specific international crimes such as crimes against humanity, terrorism, slavery, torture, genocide and war crimes. Ongoing cases in the U.N. tribunals are reviewed and special focus is dedicated to the British detention of Gen. Pinochet in 1999 and the trial in The Hague of Slobodan Milosevic. This course is a related course in the Criminal Law and Procedure area of concentration. [Students should note that each of these courses may be offered only every other year, so a student who wants to take on of the courses should take it at the first offering.].
LAW 383. International Arbitration. 2 credits.
In international business disputes, arbitration is now the most commonly used method of resolving disputes in a litigation-like setting. There are many reasons for this, but the primary one is that New York Convention of 1970, and some parallel conventions that have sprung up, now encompass well over 100 signatory nations. It is considerably easier to enforce an arbitral award in a foreign country than it is a US court judgment. This course will examine the legal and policy issues that arise in this context.Evaluation of student work will be primarily through a final paper and the oral presentation thereof.
LAW 384. International Human Rights. 2 credits.
The course will begin with a review of how and when the international human rights movement developed, and how it addresses on one hand civil and political rights and on the other economic and social rights. The norms underlying these rights and the processes by which they are protected will be explored, along with how they are affected by differing religious and cultural traditions. Topics will include war and genocide, the impact of globalization and other economic considerations, environmental issues, gender and race. With these as background, the course will examine the institutional mechanisms for protection of human rights, beginning with the post-World War II development of the UN-based system, how it has worked, and how it has influenced behavior in the world. Other international organizations, including regional systems and non-governmental organizations, will be examined. The impact of human rights principles on national law will be analyzed, and current developments will be reviewed. This course is a related course in the International Area of Concentration. This course is a related course in the Comparative Law Area of Concentration.
LAW 385. Mortgages. 3 credits.
This course covers the theory and development of the common law mortgage; problems in the creation and transfer of mortgages; remedies upon default; and priority questions. It considers the deed of trust and installment land contract as security devices and the peculiar features of these devices. Attention is also given to fixture problems under Uniform Commercial Code mechanics liens and principles of suretyship. This course is a related course in the Business, Taxation and Commercial Transactions Area of Concentration.
LAW 386. Juvenile Offender Law. 3 credits.
This course reviews the history and theory of the Juvenile Court system, its jurisdiction, investigation, types of hearings, hearing procedures, and constitutional rights. The course emphasizes the law, practice, and procedure of delinquency and status offenses. Special attention is given to the prosecutor, guardian ad litem and defense counsel, and to the Nebraska Juvenile Code. A students who has completed LAW 377 may not take this course.
LAW 387. Land Use Law. 3 credits.
This course is a study of the competition between private and public rights in property. The course covers nuisance, city planning, zoning, growth management plans, subdivision controls, landmark preservation, eminent domain, public use, "takings," and just compensation.
LAW 388. Milton R. Abrahams Legal Clinic. 4 credits.
The Clinic provides third-year students the opportunity to learn the lawyering process not provided in most law school courses. The following are some of the more important skills that will be taught: interviewing; counseling; fact development; negotiation; legal document preparation; courtroom tactics; advocacy tactics; office, file, and time management tactics. Clinic students will be assigned a variety of non-fee-generating civil matters that vary in complexity. To the extent possible, cases that can be completed in the semester will be accepted. As some cases become more complex, individual students will be assigned to work on certain aspects of the case. Student case work will be reviewed in individual case meetings with the supervisor on a weekly basis. Students will be required to work 232 hours during the semester and attend the weekly class session. Clinic grades are on a pass, pass 60, fail basis. Enrollment is limited to eight third-year law students who have completed all required courses. This course is two classroom credit hours and two non-classroom credit hours. Because of possible conflicts of interest, students in the Clinic may not be engaged in outside legal employment. This course is a related course in the Litigation Area of Concentration. P: Completion of at least four full-time semesters of law school (or the equivalent hours) and at least 59 credit hours.
LAW 390. Land Finance and Mortgages. 3 credits.
This class examines land transactions, and the methods used by buyers, sellers and lessors to finance such transactions. This includes commercial and residential real estate transfers, as well as commercial real estate leasing. Traditional mortgage financing, contracts for the sale of real estate, deeds of trust, construction financing, and refinancing arrangements are all covered in this course, both from the process of obtaining financing, and the problems created by default by the obligor of that financing. In addition, some attention is given to lender liability, the impact of bankruptcy on real estate transactions, taxation of real estate transactions, and common interest communities, such as condominiums.
LAW 391. Health Law Survey. 3 credits.
This course concentrates on the relationship between the physician and patient and how this relationship impacts quality, cost and access to healthcare. It begins with the definition of illness, the nature of health care, quality of health and its measurement and the problems of medical error including its origins and strategies for reducing its incidence. In addition, the state's regulation of the quality of healthcare through state licensure and discipline is examined. The professional-patient relationship is then analyzed starting with formation and progressing to confidentiality, informed consent and the duty to provide care. Finally, the framework for both private peer review actions and malpractice suits against healthcare professionals are studied and the doctrinal and evidentiary dimensions of these two different types of private and public mechanisms for ensuing quality of care are explored.
LAW 394. Legal Interviewing, Negotiation, and Counseling. 3 credits.
This course focuses on lawyer-client relationships and the role of the attorney in negotiation on behalf of a client. Methods of legal interviewing, counseling, and negotiating are examined in depth. Skills in these areas are developed through practical training and experience. This course is a related course in the Litigation Area of Concentration. A student who has completed LAW 410 may not take this course.
LAW 395. Poverty Law: Legal Needs of the Underrepresented. 2 credits.
This course provides comprehensive coverage of all aspects of public benefit law, and aims to instruct students on how to practice in this area. The course emphasizes AFDC/TANF, food stamps/SNAP, Medicaid, Social Security/SSI, unemployment compensation, and the adverse health effects legal issues impose on those living in poverty. The course will cover seminal cases, legislation, and commentary on a wide range of other programs, including health needs, public housing, Section 8, the Low-Income Housing Credit, LIHEAP, school meals, WIC, disaster assistance, trade adjustment assistance, foster care, veterans’ pensions, and general assistance among others.
LAW 396. 2040 Initiative Seminar. 3 credits.
This interdisciplinary seminar course of 16-20 students will explore issues associated with the interaction of demographic trends and law. We will investigate how demographics and political process combine to provide us with current law and consider what legal changes may result from projected demographic changes over the next generation. After a general introduction, we will explore specific legal topics; possible topics to be addressed include Immigration, Education, Labor, Health, Housing, Gerrymandering and Political Polarization, Criminal Justice, Tax Policy, and Family Protection (Child Care and Preschool as well as Elder Care). Class assignments will include student blog posts to the 2040 Initiative website, a paper on a specific demographic/political/legal issue, and presentation of that issue to the group.
LAW 397. Legal Issues in Electronic Commerce. 2 credits.
This course will explore the legal landscape confronting businesses taking part in the rapidly expanding global Internet economy. Numerous current legal issues will be explored in the course, including the impact of copyright, trademark and trade secret laws, contract and jurisdictional concerns, internet payment systems and the need for strong, reliable security, encryption and digital signature issues, and First Amendment concerns related to privacy and defamation. The course will rely upon information on the Internet, so students should be comfortable searching and navigating the Internet. P: Open only to law students.
LAW 398. Employment Law. 3 credits.
This course provides an introduction to a variety of general employment law issues. Topics include the employment-at-will rule and the recognition of statutory and common law protections against unjust discharge. Employee privacy issues arising out of drug and alcohol testing, polygraph examinations, medical and psychological screening, as well as defamation and other employment related torts are also examined. The course will also examine various state and federal protections against unlawful discrimination, including Title VII, the ADA, the ADEA, the Nebraska Fair Employment Practice Act, and various other discrimination and anti-retaliation statutes. The course also provides an overview of Wage and Hour laws, as well as other employee rights under the FMLA, COBRA, and similar statutes.
LAW 399. Disability Law. 3 credits.
This course offers students the opportunity to study the law relating to individuals with disabilities, focusing mostly on issues impacting employment. To that end, special emphasis will be placed on the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Family and Medical Leave Act. Students will also study disability laws relating to public accommodations, housing, and education, paying particular attention to the Fair Housing Act and the Individuals with Disabilities Education Act (in addition to studying the statutes mentioned above).
LAW 400. Iowa/ Nebraska Innocence Project. 2,3 credits.
In working with attorneys to identify and exonerate individuals who have been wrongly convicted of serious crimes, interns will perform five primary types of work assignments: intake screening, case reviews, factual investigations, legal and scientific research, and legal writing. Potential clients are incarcerated individuals who allege innocence and who no longer have a right to court-appointed counsel. Interns will screen inmate claims by reading and reviewing pre-trial and trial transcripts and post-conviction decisions and records to determine whether inmates have believable, provable, and procedurally viable claims of innocence. They will present "good cases" to the Project Board. Interns will work on cases the Project accepts. Interns will investigate claims, research issues, and prepare documents. Interns may have opportunities to visit clients in prison, to visit the forensic lab, and to prepare and present legal arguments to the court. This course is a related course in the Criminal Law and Procedure and Litigation Areas of Concentration. P: LAW 355 Evidence, LAW 115 Criminal Law, LAW 341 Criminal Procedure. (Students may be enrolled in these courses concurrently with the Internship, but preference will be given to students who have completed these courses and who have also completed or are enrolled in Scientific Evidence and Post-Conviction Relief).
LAW 401. Street Law. 1 credit.
Street Law is an initiative in which law students go out to local schools, usually high schools, and teach those younger students law basics—practical, participatory education about law, democracy, and human rights. A unique blend of content and methodology, Street Law uses techniques that promote cooperative learning, critical thinking, and the ability to participate in a democratic society. The Creighton model will focus on community-based topics of timely and particular interest to the student communities. In addition to the in-class teaching commitment, which is once a week for 8 weeks, students will be responsible for lesson planning—adapting the Street Law curriculum to their particular classroom. Students will also participate in a 4-hour orientation/training during the first 2 weeks of the semester and attend four 2-hour seminar discussions over the course of the semester. Students will prepare a portfolio and short reflection paper of their work over the semester. Enrollment will be limited to 12 students, and students seeking to enroll will be required to submit a short (no more than one page double-spaced) statement explaining their reasons. The credit hour earned in Street Law is a non-classroom credit hour. (See Academic Rule 6.8(a).).
LAW 402. Law of Armed Conflict. 2 credits.
This course will review the development and current state of military legal principles through an exploration of history, domestic and international jurisprudence, as well as Department of Defense and Executive branch policies. First, we will study the fundamentals of military criminal procedure and substantive law, with a look at alternatives to the military judicial system available to a military commander, who is responsible for the good order and discipline of those under his command. Second, we will explore the fundamentals of the Law of War (also called International Humanitarian Law) with particular emphasis on the 1949 Geneva Conventions. Both topics will concentrate on current challenges including: treatment and processing of violations of the Law of War by U.S. citizens; application of the Law of War to unconventional conflicts such as the Global War on Terrorism; and potential for refinement or revolutionary change in the law. This course is a related course in the International and Comparative Law Area of Concentration.
LAW 403. Native American Law. 3 credits.
The subject matter of this class centers on discovering the range, depth and complexity of law and policy both emanating from and directly affecting American Indian tribes. Treaties concluded between tribes and the U.S. government during America's westward expansion and the attendant assumption of fiduciary responsibility by Congress form the basis on which subsequent laws and policies are examined. Issues to be studied include tribal court structure, federalism questions, gaming and hunting rights and exemptions, and the implementation of major statutes under U.S. Code Title 25 such as the Indian Child Welfare Act and the 1990 Native American Graves & Repatriation Act.
LAW 404. Mediation Process. 3 credits.
This seminar will provide the student the opportunity to explore the theory, law, and practice of mediation. The first three classes will consist of: a brief introduction and background to alternative dispute resolution; an introduction to negotiation theory; a review of distributive and integrative bargaining theories. The centerpiece of the course will be the training module, focusing upon the mediative process and the role of the mediator. Materials developed by the Training Institute of the Nebraska Office of Dispute Resolution will be used in teaching the skills of a mediator. This training will take place over two weekends and attendance is mandatory. The final three classes will focus upon the current issues in mediation theory and practice. At least two journal files will be required. In and out of class exercises will require that all students be present and participate. Attendance at training is mandatory; only one non-excused absence is allowed for the six two-hour classes. Pass/fail grades will be given. Enrollment limited to 20 third-year students.
LAW 406. State and Local Governments in a Federal System. 2,3 credits.
This course examines the basics of local government law: (1) the configurations and powers of the various types of local governments (e.g. cities, counties, and special districts); (2) the allocation of power between states and their local governments; (3) sources of revenue for and debt limitations that apply to local governments; and (4) interlocal cooperation and regional governments, especially the ability of these structures to address current issues facing metropolitan regions. The course also considers state and local governments in our larger federal system and develops skills of particular relevance to governmental and political decision making: statutory interpretation, understanding of the connection between law and public policy, and insight into relationships between government and governance.
LAW 407. Oil and Gas Law. 2 credits.
This course looks at the nature of interests in oil and gas; the oil and gas lease; state regulation of production; gas purchase contracts; federal price controls; the Natural Gas Act; and the Natural Gas Policy Act of 1978.
LAW 408. Water Law. 2 credits.
This course covers the acquisition and nature of private rights in water; a comparison of the riparian and appropriation systems; allocation and control of water resources in the western states; administrative systems; analysis of interstate and Federal-state relations; and Federal and Indian rights in water.
LAW 409. National Security and Foreign Relations Law. 3 credits.
This course considers the constitutional separation of foreign relations and war powers between the executive and legislative branches, domestic legal structures for national security as well as international legal structures for collective security, and new legal responses to enhance homeland security after 9/11. Fairly heavy emphasis is placed on policy development in addition to legal strictures. Special focus is reserved for America's conduct of the War on Terror and the conflicts with Iraq and North Korea. Class time is dedicated to in-depth exploration of area studies (Middle East, Latin America, Russia) and security flashpoints (Kashmir, Taiwan, Palestine). [Students should note that each of these courses may be offered only every other year, so a student who wants to take on of the courses should take it at the first offering.].
LAW 410. Negotiation. 3 credits.
This course introduces the skills of negotiating and offers hands-on experiences in the three common steps of that process (preparation, negotation, and drafting). Students will discover, control, and use personal strengths and weaknesses in confronting and compromising adversary interests. A significant amount of time will be spent on negotiating projects. Readings cover legal, psychological, theoretical, and practical aspects of negotiating. A student who has taken/is taking Legal Interviewing, Negotiation, and Counseling may not enroll in this course. This course is a related course in the Litigation Area of Concentration. A student who has completed LAW 394 may not take this course.
LAW 411. Negotiable Instruments. 3 credits.
This course considers the law dealing with commercial paper, specifically checks and other drafts, notes, and instruments affected by Articles 3 and 4 of the Uniform Commercial Code. The concepts of negotiability and holder in due course are studied, as are the nature of liability and banks and their customers. Emphasis is placed upon problem solving under the code rather than the common law of negotiable instruments. This course is a related course in the Business, Taxation and Commercial Transactions Area of Concentration.
LAW 413. Patent Law I. 3 credits.
This course examines the legal protection available through patents. Emphasis is placed on the acquisition, maintenance, exploitation, limits and enforcement of patent rights. This course is a related course in the Business, Taxation and Commercial Transactions Area of Concentration.
LAW 414. Patent Law II: Innovation Milestones & Patent Insulation Strategies. 2 credits.
This course builds upon legal principles learned in the basic Patent Law I course with a particular focus on practical problems and strategies in obtaining patent protection for new technologies. Students will learn pre-patent filing protection strategies and the patent application process. Students will learn how to do patent searches, the steps of patent prosecution before the Patent and Trademark Office, and filing strategies for US and global patent protection. Students will learn about the innovation process and participate in a competition to develop a technology and file a patent application. Students will learn how to blend design patent regulations, utility patent regulations, copyright regulations and trademark regulation strategies to develop strong insulation protection for a technology. Area of Concentration: Business Law. P: Patent Law I is recommended but not required prior to Patent Law II.
LAW 416. Justice for our Neighbors. 3 credits.
Justice For Our Neighbors is an outreach ministry of the United Methodist Committee on Relief. It provides high-quality, accessible,free, immigration legal services to non-citizens. Interns will work withclients of varying ethnicities and economic backgrounds in need ofimmigration services. They will complete client intakes, do research,complete immigration forms, compose letters for filings, attend courtwith the attorney, draft briefs and motions, and complete other types ofcase-related legal work. Interns will work primarily on removal defensecases, asylum applications, waiver applications and/or applications forimmigration protection under the Violence Against Women Act. P: Preference will be given to students who have taken LAW 370 Immigration Law and who speak Spanish.
LAW 417. Nonprofit Organizations. 2,3 credits.
This course examines the formation, organization and operation of tax-exempt entities including charitable organizations and private foundations. The course will analyze a myriad of topics including, but not limited to, the following: distinctions between non-profit and tax exempt status; income taxation of exempt organizations; private vs. state related classifications and the scope of judicial review; structuring relationships with nonprofit affiliates and for profit business organizations; liability and responsibility of agents, officers and directors; and considerations in acquisitions, mergers and liquidations of exempt organizations.
LAW 418. Prosecution of Criminal Cases. 2 credits.
This course is taught from a prosecutorial standpoint from the beginning of a case to the end. The student will review police reports and will file charges that will make up the course work for the rest of the semester. From the filing, the student will do a bond review and preliminary hearing. Students will also have to examine their case for suppression issues and will perform a suppression hearing. There will be instruction on how to pick jurors that would be favorable to the prosecution. The student will create and perform an opening statement for the prosecution. Police officers and crime scene technicians will come to class and the student will "prep" the witness for trial and perform direct examinations of these witnesses. Students will also cross-examine the "defendant". Finally, the student will construct and perform closing arguments. P or CO: LAW 107, LAW 108, LAW 115, LAW 341, and LAW 355. Students may take these courses concurrently with LAW 418. A student who has completed LAW 345 may not take this course.
LAW 419. Faith, Morality and Law Seminar. 1 credit.
This one hour seminar invites students to reflect upon the relationship between issues of faith (religious convictions) and law. The seminar will consider how various religious traditions view and interact with the American legal system; moral underpinning of the rule of law; issues of justice and access to legal services; Ignatian spirituality and the Legal Profession; Catholic social teaching; and other topics exploring the connection between faith and particular substantive areas of the law such as asylum law and dispute resolution. The seminar will be team taught by faculty members and may involve invited guest speakers from the community. Students will be assigned weekly readings as a basis for class discussion. Students will be graded based upon a final 8-10 page paper submitted by each student on a topic of his or her choice within the parameters of the class and upon satisfactory completion of weekly one page reflection papers based on the reading and class discussion from the prior week. The class qualifies for classroom credit and is graded pass/fail.
LAW 420. Federal Habeas Corpus. 2,3 credits.
This criminal law course deals with what happens after the trial: sentencing (jail, probation, parole, fines, and alternative punishment); appeals; post-conviction relief (post-conviction statutory relief as well as habeas corpus); and, double jeopardy. The student will be expected to draft pleadings relating to the subject matter and to draft at least one brief on a topic to be determined in consultation with the professor. This course is a related course in the Criminal Law and Procedure Area of Concentration. P or CO: LAW 115 and LAW 341.
LAW 423. International Law. 3 credits.
This course lays out the basic principles of international law as it exists among states. The concepts of state sovereignty over people and territory are explored in the context of the state's ability to exercise its jurisdiction. Binding legal obligations between states in the form of treaties, executive agreements and the emergence of custom are considered in depth as are enforcement strategies in the form of international litigation before arbitration panels, claims tribunals, and the International Court of Justice. Students will also analyze and critique current legal practice within the United Nations framework.
LAW 425. Sports Law. 2 credits.
This course covers a wide range of legal issues affecting both amateur and professional sports including the representation of professional athletes, the applicability of antitrust laws to professional and amateur associations (e.g., the NFL or the NCAA), intellectual property issues, contract concerns, labor/union organizations, and various other employment law implications. Other potential areas of coverage include the Division I NCAA governance structure, Title IX, the relationship between the NCAA and international competition conducted under the auspices of the USOC and national sports governing boards, the International Olympics Committee, the ethical and professional aspects of player representation, and negotiations for media sports coverage.
LAW 426. Law of Church and State. 3 credits.
The First Amendment provides: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The course examines the history, original intent, and interpretation of the Establishment Clause and the Free Exercise of Religion Clause. The course covers problems under the Establishment Clause, including prayer in the public schools, nativity scenes in public places, creationism versus evolution in public education, government financial aid and welfare programs, and school vouchers. The course also covers problems under the Free Exercise Clause, including discrimination against religious beliefs, facially neutral laws with a disproportionate adverse impact on religious practices, exemptions from general rules for particular religions, and conscientious religious objection to military service in war.
LAW 427. Remedies. 3 credits.
This course analyzes and compares legal, equitable, statutory, and extrajudicial remedies. Coverage includes remedies for breach of contract; injuries to tangible property and intangible business interests; remedies in transactions induced by fraud, deceit, duress, undue influence, or mistake; damages for personal injury or death; and injury to dignitary and relational interests. General principles of equity, damages, and restitution are also examined. This course is a related course in the Litigation Area of Concentration.
LAW 428. Employee Rights and Benefits. 2 credits.
The Social Legislation course covers various aspects of Federal and State Law not covered in other courses. In particular the course will include: The Fair Labor Standards Age-Wage-Hour (or FLSA); Occupational Safety and Health Act (OSHA); Unemployment Benefits, Workers Compensation and the Employee Retirement Income Security Act (ERISA). These are all areas of Employment Law faced by practitioners on a regular basis. The course will cover the statutory framework and case law applicable to the areas.
LAW 429. Commercial Law. 3 credits.
This basic commercial law course covers the rights and duties of debtors and creditors in transactions using personal property as collateral for a loan, as well as the impact on third parties. The primary sources of law are Article 9 of the Uniform Commercial Code and the Bankruptcy Reform Act of 1978. The course emphasizes statutory analysis. This course is a core course in the Business, Taxation and Commercial Transactions Area of Concentration. P: LAW 111 and LAW 112.
LAW 430. Sales and Leases of Personal Property. 2 credits.
This course will cover the sale and lease of goods, as covered by Articles 2 and 2A of the Uniform Commercial Code. It will supplement coverage of Contracts, and will pay particular attention to the risk of loss, warranties, acceptance, rejection, excuse, and remedies. This course is a related course in the Business, Taxation and Commercial Transactions Area of Concentration. P:LAW 111 Contracts I and LAW 112 Contracts II.
LAW 431. Scientific Evidence. 3 credits.
This course will deal with a broad spectrum of expert opinion testimony. It will cover the concept of expert testimony in general, standards for admissibility, discovery, and the practical aspects of using and challenging experts. It will consider the varied types of expert evidence such as tests for alcoholic intoxication, speed detection devices, methodology for questioning the authenticity of documents, firearms identification, arson and explosives investigation, fingerprint identification, the examination of trace evidence, pathology, serology and toxicology of body fluids, identification and analysis of illegal drugs, identification by DNA analysis, forensic odontology, forensic anthropology, behavioral science evidence, and lie detection. In each area the class will discuss foundation for admission, methods of challenging admissibility, techniques for effective cross-examination, and methods of presentation of complex evidence through photographs, charts, videos, and other demonstrative resources. The course is a trial practice oriented course and will be taught with that perspective in mind. This course is a related course in the Criminal Law and Procedure Area of Concentration. This course is a related course in the Litigation Area of Concentration. P: LAW 355.
LAW 432. Education Law. 2 credits.
This course will include discussions of the following topics: desegregation; students' free speech rights; parental rights; school finance; assignment of students under Nebraska's "choice" law; and other issues related to public education.
LAW 433. The Business of Law-Law Office. 2 credits.
Law school teaches students how to "think like a lawyer." However, few students graduate from law school understanding how to open and manage a law practice. This course provides basic information and training on how to start and market a law firm, create and monitor both the attorney's accounts and case files, how to successfully maneuver around a courthouse and use its many resources, and how to use law office technology to effectively and ethically manage the business and practice of law. This course is geared to helping law students obtain one more area in which they are "practice ready." This course is limited to third-year students. P: Students must have completed at least 59 credits to take this course.
LAW 434. Commercial Contract Drafting. 3 credits.
This course explores typical commercial transactions that a small but growing business might encounter, including negotiation of secured bank loans, incorporation, personal guarantees of corporate indebtedness, loan workouts, and creditor representation in bankruptcy. A substantial part of the course involves simulation exercises and drafting and review of pertinent documents. This course is a related course in the Business, Taxation and Commercial Transactions Area of Concentration. P: LAW 111, LAW 112, and LAW 429.
LAW 435. Selected Research Topics. 1-3 credits.
This independent study course available to third-year students and second semester second-year students provides them an opportunity to improve their writing skills on a faculty supervised basis. It is designed to allow students to do work in an area in which no formal instruction is available or to go into further depth in conjunction with a regularly offered course. Topics and unit credits must be approved in advance by the supervising faculty member. No more than a total of three hours earned in not more than two different research projects in this course may be applied toward the hours needed for graduation. The hours are non-classroom credit hours. This course can be a related course in the Bus., Taxation and Commercial Transactions Area of Concentration; Criminal Law and Procedure Area of Concentration and the Litigation Area of Concentration.
LAW 436. Securities Regulation. 3 credits.
The Securities Act of 1933 and the Securities Exchange Act of 1934 are considered in depth. Registration requirements pursuant to the 1933 Act and exemptions from federal registration are considered in detail as are the liability provisions of the 1933 Act. Registration and reporting requirements of the 1934 Act are also covered together with the anti-fraud provisions of the 1934 Act and other substantive features such as insider trading, proxy regulation, tender offers, and implied rights of action. This course is a related course in the Business, Taxation and Commercial Transactions Area of Concentration. P: LAW 335.
LAW 438. Supreme Court Seminar. 1 credit.
The seminar is a one-credit-hour, two-week course, taught by Supreme Court Justice Clarence Thomas and Professor G. Michael Fenner. During the first week of the seminar, the seminar covers the Supreme Court as an institution and reviews modern constitutional theory and doctrine. Week one will be with Professor Fenner. During the second week, the seminar revisits historic Supreme Court decisions to better understand the origins and the continued relevance of fundamental principles of constitutional law. Some of the major themes will include: reconciling judicial review and democracy; methods of constitutional interpretation; federalism; congressional power to regulate the national economy; separation of powers; the powers of the presidency; the public-private distinction in state action; incorporation of the bill of rights; the fourteenth amendment; and race and the Constitution. Week two will be with Professor Fenner and Justice Thomas. P: LAW 103, LAW 104, LAW 107, LAW 108, LAW 111, LAW 112, LAW 115, LAW 117, LAW 118, LAW 125, LAW 126, LAW 131.
LAW 440. Trademarks and Unfair Competition. 2-3 credits.
This course examines the law as it concerns trademarks, trade dress, dilution, misappropriation, false advertising, and the right of publicity. Most of the course will focus on trademark law including the requirements for valid trademarks, protections afforded trademark owners, federal trademark registration under the Lanham Act, elements and proof of trademark infringement, and defenses to trademark infringement. The course will also discuss the Federal Trademark Dilution Act, state dilution laws, and protections for internet domain names under the Anticybersquatting Consumer Protection Act. The course will explore the interests of public protection from consumer confusion and deception, the right to freely compete, and protection of ownership rights in trademarks and trade identity. This course is a related course in the Business, Taxation, and Commercial Transactions Area of Concentration.
LAW 441. Cross-Examination. 3 credits.
By means of simulated exercises in the cross-examination of witnesses, the course covers techniques for the cross-examination of witnesses, introduction and use of exhibits, dealing with failed recollection, impeachment, and the making of and responding to objections during cross-examinations. This course is a related course in the Litigation Area of Concentration. This course is a related course in the Criminal Law and Procedure Area of Concentration. P: LAW 355 Evidence. Students may take Evidence concurrently with Witness Examination Skills. Priority will be given to students who have not taken/are not taking Scientific Evidence. P or CO: LAW 355.
LAW 442. Taxation of Business Enterprises. 4 credits.
This course surveys the tax consequences of the formation, operation, and liquidation of common forms of business enterprises, including partnerships, corporations, and limited liability companies. The integrated subject matter is intended to provide a framework for identifying and understanding tax issues and their effects on choice of entity, investment, and operational decisions for modern businesses and their owners, as well as for occasional forays into related tax policy matters. This course is designed to benefit students interested in a general law practice and those interested in business matters, as well as those seeking to develop further expertise in tax law. This course is a core course in the Business, Taxation and Commercial Transactions Area of Concentration. P: LAW 363. P or CO: LAW 335.
LAW 443. State and Local Taxation. 2 credits.
The Social Legislation course covers various aspects of Federal and State Law not covered in other courses. In particular the course will include: The Fair Labor Standards Age-Wage-Hour (or FLSA); Occupational Safety and Health Act (OSHA); Unemployment Benefits, Workers' Compensation and the Employee Retirement Income Security Act (ERISA). These are all areas of Employment Law faced by practitioners on a regular basis. The course will cover the statutory framework and case law applicable to the areas.
LAW 444. International Aspects of U.S. Income Tax. 3 credits.
This course will examine the legal and policy issues associated with the application of U.S. Federal income tax laws to transnational flows of income and capital (i.e., foreign income of U.S. persons and U.S. income of foreign persons). The course will focus on fundamentals, including jurisdiction to tax, sourcing, income allocation, differential treatment of business and nonbusiness income, the foreign tax credit, transfer pricing, and foreign currency transactions. Legal materials will include Federal cases, applicable provisions of the Code and regulations, and applicable treaties. P: LAW 335 and LAW 363. LAW 442 is also highly recommended.
LAW 445. Wrongful Convictions. 3 credits.
With the exoneration of over 300 individuals through DNA evidence, and the rate of exonerations increasing dramatically within the past five years, the demand for post-conviction legal knowledge is rising. Students will learn fact development and legal application skills that will translate to any practice, but is particularly helpful for future criminal lawyers, both prosecution and defense. This area of law requires a distinct understanding of legal concepts, but also demands an intricate knowledge of still-emerging post-conviction statutes, as well as keeping up on a rapidly expanding knowledge of DNA testing and social science literature.
LAW 446. Trial Team. 3 credits.
LAW 447. Nebraska Community Economic Development Project. 3 credits.
This internship provides students an opportunity to work under the supervision of the lead attorney of this project of Nebraska Legal Services. The project provides legal services to non-profit and community based organizations that serve low-income communities. Interns will be expected to draft and file articles of incorporation; prepare by-laws; review transactional and organization documents; research questions of state and federal tax law and other issues relating to non-profit corporations; review loan and security agreements; prepare legal memoranda and opinions; and assist in counseling clients. P: LAW 335 Business Associations. LAW 430 Sales and Leases of Personal Property, LAW 429 Secured Transactions in Personal Property, and LAW 337 Bankruptcy I are useful and preference will be given to students who gave taken those courses.
LAW 450. Immigration Customs Enforcement. 2-3 credits.
This internship will expose the student to substantive areas of immigration law and regulations regarding removal, asylum, waivers, citizenship and family-based petitions, and how those are applied in actual cases. The student will be given insight into the structure and functions of a federal government law enforcement agency. The student will interact with immigration officers, immigration attorneys, and immigration judges and their staffs and learn the necessary skills to do so. The student will learn removal proceedings from the investigative, to the hearing phases, and through the appellate phases. Under the appropriate circumstances, the senior-certified student would learn and apply advocacy before immigration judges in bond and removal proceedings.
LAW 451. Nebraska Equal Opportunity Commission. 3 credits.
The intern works in the branch office of the Nebraska EOC, a state agency, in Omaha, Nebraska. This internship provides students with an opportunity to work with the State of Nebraska Civil Rights Agency charged with the responsibility of eradicating discrimination because of race, color, sex, national origin, religion, disability, age, marital status and retaliation in the areas of employment, housing, and public accommodations. The interns will assist in legal research and analysis, memo, brief and report writing, and limited investigation of charges of discrimination by interviewing witnesses, requesting documents, drafting interrogatories, and making recommendations to investigators on cases. This course is a related course in the Litigation Area of Concentration.
LAW 452. Council Bluffs Civil Rights Commission. 3 credits.
This internship provides students with an opportunity to work with the director of the Council Bluffs Human Relations Commission. The intern will assist in investigating cases, legal research and analysis, decision writing, and administrative matters for the Commission. This course is a related course in the Litigation Area of Concentration. P: LAW 346 Employment Discrimination.
LAW 454. Pretrial Litigation. 3 credits.
This course covers all facets of the pretrial process, including fact investigation, pleadings, depositions, interrogatories, motion practice, and settlement. A substantial part of the course involves drafting pertinent documents (pleadings, motions, settlement agreements, etc.) and simulation exercises (depositions and arguments on motions.) This course is a related course in the Litigation Area of Concentration. P: LAW 103, LAW 104, and LAW 355.
LAW 455. Trial Practice. 3 credits.
This course deals with the preparation of civil litigation in courts of general jurisdiction from the pleadings stage through jury verdict, including practice in voir dire, opening statements direct and cross examination of witnesses (both lay and expert), and summations. This course is a related course in the Criminal Law and Procedure Area of Concentration. This course is a core course in the Litigation Area of Concentration. P: LAW 103, LAW 104, and LAW 355.
LAW 457. Trusts and Estates I. 3-4 credits.
This course focuses upon the testamentary transfers of wealth, viewed from a property perspective. The laws of intestacy, wills, and trusts form the conceptual core of the course. In addition, the course coverage includes the following associated topics: protection of family members against disinheritance; will substitutes; interpretation of wills; and planning for incapacity. Relevant statutes are examined, with special emphasis being placed on applicable provisions of the Uniform Probate Code. P: LAW 125 and LAW 126.
LAW 459. White Collar Crime. 3 credits.
This course focuses on the criminal law as a mechanism for controlling business misconduct. White collar prosecutions combine principals of corporate law, criminal law, and criminal procedure into a theoretical and policy framework for considering institutional and individual responsibility for criminal misconduct in the corporate setting. Within that framework, this course will consider how criminal law problems arise in the corporate setting, examine the major federal statutes invoked in white collar prosecutions, discuss traditional and non-traditional theories of criminal liability, and consider the lawyer's role as counselor to the white collar defendant. This course is a related course in the Criminal Law and Procedure Area of Concentration. P: LAW 115 and LAW 335.
LAW 461. Iowa Public Defender. 3 credits.
This internship provides the student with the opportunity to gain first-hand knowledge of the practice of law as a State Public Defender. The focus is exclusively on the representation of the indigent in criminal and juvenile court in Council Bluffs. It provides experience in criminal practice and procedure, evidence, trial advocacy, constitutional law, and juvenile law and procedure. This course is a related course in the Criminal Law and Procedure Area of Concentration. This course is a related course in the Litigation Area of Concentration. P: Completion of at least three full-time semesters of law school (or the equivalent hours), all required courses, LAW 115 Criminal Law, LAW 341 Criminal Procedure, and LAW 355 Evidence. LAW 377 Juvenile Law would be helpful, but is not required.
LAW 462. United States Public Defender. 3 credits.
This internship provides students with a thorough practical knowledge of the legal work performed by attorneys in the Federal Public Defender's Office on behalf of indigent persons accused of federal crimes. Duties may include meeting with clients and witnesses, investigating crimes and possible defenses, researching and writing motions and briefs, drafting correspondence, reviewing discovery and preparing for court appearances. This course is a related course in the Criminal Law and Procedure Area of Concentration. This course is a related course in the Litigation Area of Concentration. P: Completion of at least four full-time semesters of law school (or the equivalent hours); LAW 107 Constitutional Law, LAW 115 Criminal Law, and LAW 341 Criminal Procedure.
LAW 464. Sarpy County Court. 3 credits.
Interns work as law clerks for the Judges of the Sarpy County Court. They observe courtroom activity and do research on special projects and issues before the court. This course is a related course in the Criminal Law and Procedure Area of Concentration. This course is a related course in the Litigation Area of Concentration.
LAW 465. Jennie Edmundson Hospital Counsel's Office. 3 credits.
This internship will expose one student each semester to the many diverse legal issues of the health care setting, including contracts, malpractice, general liability, labor/employment, federal/state regulation, and antitrust; will give the student practical experience in preparing to defend a legal claim, from initial investigation to actual trial; will teach the student the techniques of contract negotiation, drafting, and review; will give the student experience writing legal memoranda, hospital policies and procedures for compliance with federal and state regulations, and various other legal documents such as consents, authorizations for release of information and hold harmless agreements; and will allow the student to acquire the abilities necessary to intervene in ethical disputes, where legal reasoning must be balanced with considerations of individual's rights and societal needs. P: Completion of at least four full-time semesters of law school (or the equivalent hours).
LAW 466. District Court of Iowa. 3 credits.
The intern works in the office of the District Court Judge for the Fourth District of Iowa, researching issues before the court and writing memoranda for the judge and his clerk. This course is a related course in the Criminal Law and Procedure Area of Concentration. This course is a related course in the Litigation Area of Concentration. P: Completion of at least four full-time semesters of law school (or the equivalent hours).
LAW 467. Nebraska Court of Appeals. 3 credits.
The interns work in the offices of Judges of the Nebraska Court of Appeals, reading briefs, researching issues, and writing memoranda on cases before the court. Limited to one student in the top 30% of the class. This course is a related course in the Criminal Law and Procedure Area of Concentration. P: Completion of at least four full-time semesters of law school (or the equivalent hours).
LAW 468. Social Security Administration, Office of Hearings and Appeals. 3 credits.
The interns work in the Office of the Hearings and Appeals branch of the Social Security Administration as a law clerk for an Administrative Law Judge. The office is responsible for the adjudication of claims arising under Titles II, XVI, and XVIII of the Social Security Act. The interns perform duties including legal research and analysis, decision writing, and preparation of interrogatories and orders of dismissal.
LAW 469. United States Bankruptcy Trustee. 2,3 credits.
The intern works under the supervision of the United States Bankruptcy Trustee for the District of Nebraska, doing research and preparing memoranda on selected questions of bankruptcy-related law; reviewing potential criminal referrals; reviewing financial information of debtors to determine compliance with the Bankruptcy Code; and observing courtroom proceedings. This course is a related course in the Dispute Resolution Area of Concentration. P: LAW 429 Secured Transactions in Personal Property, LAW 337 Bankruptcy I, and completion of at least four full-time semesters of law school (or the equivalent hours).
LAW 470. Anti-Defamation Intern. 3 credits.
The interns work under the supervision of the director of the Anti-Defamation League office in Omaha. The interns will be exposed to a variety of legal issues facing the community and the various possible responses to these issues. Responses may include education, research, dialogue, informal conflict resolution, litigation, and the range of responses unique to the fact pattern presented.
LAW 471. City Attorney's Office. 3 credits.
The interns work on the city's civil legal matters under the supervision of the City Attorney. Students are assigned to work in areas of employment discrimination; labor relations; housing and urban development; tort actions filed against the city; eminent domain; zoning; city politics; and administrative processes. P: Completion of three full-time semesters of law school (or the equivalent hours).
LAW 472. Douglas County Public Defenders Office. 3 credits.
The intern works under the direction of the Douglas County Public Defender researching and drafting motions, briefs, and appeals; interviewing witnesses; and participating in hearings. The student becomes familiar with criminal work by actually working in the area. This course is a related course in the Litigation Area of Concentration. This course is a related course in the Criminal Law and Procedure Area of Concentration. P: Completion of at least four full-time semesters of law school (or the equivalent hours).
LAW 473. City Prosecutor's Office Internship. 3 credits.
The interns assist the City Prosecutor in the preparation and presentation of criminal cases. Students do research on police work and all aspects of criminal procedure. They observe various court proceedings including bond settings, arraignments and trials. This course is a related course in the Criminal Law and Procedure Area of Concentration. This course is a related course in the Litigation Area of Concentration.
LAW 475. Douglas County Attorney's Office. 3 credits.
The interns work in the Douglas County Attorney's office on a variety of civil and criminal matters, including preliminary hearings, trials, and sentencing; securities fraud; consumer protection; police reports; and coroner's nvestigations. Interns are supervised by an Assistant County Attorney. This course is a related course in the Criminal Law and Procedure Area of Concentration. This course is a related course in the Litigation Area of Concentration. P: Completion of at least four full-time semesters of law school (or the equivalent hours).
LAW 476. Juvenile Court. 3 credits.
The intern works under the supervision of Judges of the Douglas County Separate Juvenile Court. The intern observes Courtroom activity and researches special projects and issues before the Court. This course is a related course in the Criminal Law and Procedure Area of Concentration. This course is a related course in the Litigation Area of Concentration.
LAW 477. STRATCOM:Offutt Air Force Base. 3 credits.
Interns work in various aspects of the legal office for Offutt Air Force Base, including criminal justice (prosecutorial only); tort/civil liability; administrative law (labor, equal opportunity, environmental); contract law; and providing general legal assistance to active duty personnel. A Deputy Staff Judge Advocate educates and works with the student intern. This course is a related course in the Criminal Law and Procedure Area of Concentration. This course is a related course in the Litigation Area of Concentration.
LAW 478. Internal Revenue Service. 3 credits.
This internship provides an opportunity for one student each semester to become familiar with the Internal Revenue Service by working in the office of the Regional Counsel. Interns perform educationally related work assignments and gain practical experience in handling tax cases. Limited to one student in the top 20% of the class each semester. This course is a related course in the Business, Taxation and Commercial Transactions Area of Concentration. P: LAW 363 Federal Income Taxation.
LAW 479. Legal Aid Office-Omaha. 3 credits.
Under the supervision of Nebraska attorneys, law students represent low-income persons in civil legal matters. The students are primarily responsible for interviewing clients; investigating the facts of the case; settlement negotiation; drafting pleadings, motions and briefs; and representing clients in court appearances. Representative cases include consumer law; landlord/tenant law; administrative law (including hearings in unemployment compensation, social security disability, Medicare, Medicaid, and other governmental benefit cases); family law; torts; and a wide range of other civil legal problems. This course is a related course in the Litigation Area of Concentration. P: Completion of at least three full-time semesters of law school (or the equivalent hours).
LAW 480. Iowa Legal Aid. 3 credits.
Under the supervision of Iowa attorneys, law students represent low-income Iowans in civil legal matters. The students are primarily responsible for interviewing clients; investigating the facts of the case; settlement negotiation; drafting pleadings, motions and briefs; and representing clients in court appearances. Representative cases include consumer law; landlord/tenant law; administrative law (including hearings in unemployment compensation, social security disability, Medicare, Medicaid, and other governmental benefit cases); family law; torts; and a wide range of other civil legal problems. This course is a related course in the Litigation Area of Concentration. P: Completion of at least three full-time semesters of law school (or the equivalent hours).
LAW 481. Douglas County Court Internship. 3 credits.
Interns work as law clerks for the Judges of the Douglas County Court. They observe courtroom activity and do research on special projects and issues before the court. This course is a related course in the Criminal Law and Procedure Area of Concentration. This course is a related course in the Litigation Area of Concentration.
LAW 483. United States Attorney's Office. 3 credits.
Under the rules of practice for the United States Court for the District of Nebraska, the student interns are allowed to hold consultations, prepare documents for filing and make limited appearances in court under the supervision of the United States Attorney or Assistant United States Attorney while representing the United States in any civil or criminal matters. Students participating in this program are required to receive FBI clearance. This course is a related course in the Criminal Law and Procedure Area of Concentration. This course is a related course in the Litigation Area of Concentration. P: Completion of at least four full-time semesters of law school (or the equivalent hours).
LAW 484. United States Bankruptcy Court. 3 credits.
This intern works in the office of the United States Bankruptcy Judge for the District of Nebraska and is exposed to the procedures of the Bankruptcy Court. The intern attends first meetings of creditors, discharge hearings, pretrials and trials. In addition, the student does research and prepares reports on selected questions of bankruptcy-related law. This course is a related course in the Litigation Area of Concentration. P: LAW 337 Bankruptcy I.
LAW 485. Advanced Appellate Advocacy. 1-4 credits.
LAW 486. Appellate Litigation. 3 credits.
Appellate litigation is a specialized practice area requiring knowledge and skills distinct from trial court litigation. This course will offer hands-on experience and explore in depth the craft of appellate advocacy. It will emphasize topics essential to effective appellate advocacy, including: the rules and mechanics of the appellate process; brief writing; and oral argument. The centerpiece of the course will be the case problem. This problem will be the focus of the brief and oral argument. This course is a related course in the Legal Writing Area of Concentration.
LAW 487. Law Review. 1-3 credits.
LAW 489. Pottawattamie County Attorney's Office. 3 credits.
Interns work in the Pottawattamie County Attorney's Office on mostly criminal, and occasionally, civil issues. Interns handle hearings, trials and sentencings mainly on misdemeanor cases, and do research and briefs on all cases, including major felonies. Interns occasionally are permitted to do jury trials on misdemeanor cases. Interns are supervised by county attorney and assistant county attorneys. This course is a related course in the Criminal Law and Procedure Area of Concentration. This course is a related course in the Litigation Area of Concentration. P: Completion of at least three full-time semesters of law school.
LAW 490. U.S. Court of Appeals-8th Circuit. 3 credits.
The internship is limited to one law student each semester. The intern will work in the office of the Honorable William J. Riley of the United States Court of Appeals for the Eighth Circuit, researching issues before the court, preparing bench memoranda and indexing opinions.
LAW 491. United States District Court. 3 credits.
The interns work in the offices of Judges of the United States District Court for the District of Nebraska, researching issues before the court, writing memoranda for the judges and their clerks, and observing courtroom procedures including civil and criminal cases. Limited to two students in the top 25% of the class. This course is a related course in the Criminal Law and Procedure Area of Concentration. This course is a related course in the Litigation Area of Concentration.
LAW 493. United States Magistrate's Office. 3 credits.
The interns work in the offices of the United States Magistrate Judges and are involved in research, writing and dialogue with the magistrates on the full range of civil and criminal cases referred to them under the provisions of 28 U.S.C. 636. Limited to students in the top 25% of the class. This course is a related course in the Criminal Law and Procedure Area of Concentration. This course is a related course in the Litigation Area of Concentration.
LAW 494. Methodist Health Systems. 3 credits.
This internship provides students an opportunity to work under the supervision of the Corporate Director of Administrative Affairs at Methodist Health System. The intern will be exposed to diverse legal issues in the health care setting, including Medicare/Medicaid; antitrust; labor/employment; and, federal/state regulation. The intern will gain practical experience in preparing to defend a legal claim, from initial investigation to actual trial.
LAW 497. Douglas County District Court. 3 credits.
Interns work as law clerks for the Judges of the Douglas County District Court. They observe courtroom activity and do research on special projects and issues before the court. This course is a related course in the Criminal Law and Procedure Area of Concentration. This course is a related course in the Litigation Area of Concentration.
LAW 498. Nebraska State Legislature. 3 credits.
The intern works under the supervision of a state senator doing substantive legal research in conjunction with legislative bills. The student will examine legal precedent, case law, and the statutes of other states for use in the development of public policy. This internship is available only in the spring semester.
LAW 500. Internships. 3-5 credits.
LAW 501. Immigration Court. 3 credits.
LAW 502. Mosiac, Inc.. 3 credits.
Mosaic, Inc. is a non-profit organization in Omaha that provides services to individuals with developmental disabilities. Presently Mosaic has offices in 14 states and four countries. The student externs at Mosaic would work with the vice-president for legal support a) conducting legal research on various topics including federal and state statutes which affect developmentally disabled individuals, b) helping to create a monthly newsletter by drafting regulatory compliance-related articles, c) working to manage and resolve claims filed against the organization or potential claims including interviewing witnesses, conducting investigations and drafting discovery responses.
LAW 503. Near East South Asia Court-DC. 3 credits.
The Near East South Asia (NESA) Center for Strategic Studies in located at the University of National defense in Washington, D.C. the purpose of the NESA Center is to further communications and understanding between military and civilian representatives of the governments and private sectors of the countries in the Near East and South Asia dealing with international security and the law of terrorism. A student extern would be working with a permanent member of the faculty at the NESA Center to create conference materials and conduct research on a) politically-motivated violence, b) legislation designed to combat violence and terrorism, c) security issues affecting counties in the region, c) recent opinions of the International Court of Justice dealing with security and terrorism.
LAW 504. Alegent Creighton Health. 3 credits.
LAW 505. Creighton University Athletic Compliance Department. 1-3 credits.
LAW 506. Sarpy County Attorney's Office. 3 credits.
LAW 507. University of Nebraska-Omaha Athletic Compliance. 3 credits.
LAW 508. International & Comparative Law Journal. 1-2 credits.
LAW 509. Bend City Attorney's Office - Bend, Oregon. 3-5 credits.
Externs will produce legal memoranda on open public records and meetings law; public contracting; land use; code enforcement; real property; employment; water law; intergovernmental relationships; public infrastructure; police and fire issues; federal practice; prepare briefs, contracts and ordinances; organize files and publications; attend city council, planning commission and public meetings.
LAW 510. American Civil Liberties Union of Nebraska. 3 credits.
Under the supervision of the ACLU Nebraska attorney, legal externs assist Nebraskans with civil liberties violations in civil and criminal matters. The externs are primarily responsible for interviewing clients, investigating facts of the case, drafting pleadings, motions and briefs; and conducting legal research to support the litigation efforts. Representative cases include civil rights cases, family law; criminal cases; and a wide variety of other civil legal problems.
LAW 511. Creighton University Office of General Counsel. 3 credits.
The extern in this externship will work with the attorneys in the Office of the General Counsel advises and guides the Board of Trustees, President, Vice Presidents, Deans and administrators in legal matters impacting the University. The extern at this site will work with Creighton’s General Counsel and office personnel on a diverse range of legal matters, including, but not limited to, institutional governance, litigation management, contract review and negotiation, regulatory and compliance reviews, employment matters, student and staff grievance and disciplinary proceedings, immigration, risk management, intellectual property, and review and enforcement of internal policies and procedures.
LAW 512. Harrison County Attorney's Office - Iowa. 3 credits.
In the Harrison County Attorney's Office externs work mostly on criminal, and occasionally, civil issues. Students do research on police work and all aspects of criminal procedure. Students will be the first set of eyes reviewing police reports for this office. They observe various court proceedings including bond settings, arraignments and trials. Externs may handle hearings and sentencing on misdemeanor cases, and do research and briefs on all cases, including major felonies. Externs are supervised by the county attorney and assistant county attorneys. P: This externship gives preference to student who have completed three full-time semesters of law school or their equivalent so that students can be senior-certified in Iowa.
LAW 513. Nebraska Foster Care Review Board. 3 credits.
The extern in this externship can expect to work with agency personnel to track children in out-of-home care, review children’s cases, collect and analyze data related to the children, and make recommendations on conditions and outcomes for Nebraska’s children in out-of-home care, including any needed corrective actions. The agency conducts extensive independent case reviews for children placed out-of-home by the juvenile system. The externship would include extensive work with the agency’s review specialist as they complete these case reviews. It would also include courtroom work on those cases that the FCRO has chosen to obtain standing on and appear in court. Due to the FCRO close work with the Health and Human Services Committee of the Unicameral, the externship would involve national research in assisting Senators in making appropriate policy decisions affecting the lives of Nebraska children and families.
LAW 514. Office of U.S. Senator Deb Fischer, Washington D.C. Externship. 9 credits.
Externs will receive a variety of assignments that may include writing legal memoranda on legislation; preparing questions, testimony, and summaries for Committee hearings; and drafting letters on legal issues. Additionally, externs may attend arguments at the United States Supreme Court, sessions of the Senate and House of Representatives, hearings and executive sessions of Senate Committees, and lectures by the Congressional Research Service on legal research and parliamentary procedure.
LAW 515. Iowa Court of Appeals Externship. 3 credits.
The student in this externship will work closely with the Judge David Danilson whose office is located in Boone, Iowa. The extern will research and draft memos and preliminary opinions for cases pending before the Iowa Court of Appeals. The extern will have the opportunity to observe oral argument before the Court and discuss both factual and legal issues in pending appeals. Prerequisites: Completion of at least two full-time semesters or the equivalent in law school. Extern must have successfully completed classes in Constitutional Law, Civil Procedure, Legal Research and Writing I . (Externship is only available during summer session. Extern must be willing to work through the end of July). P: LAW 103 Civil Procedure I, LAW 104 Civil Procedure II, LAW 107 Constitutional Law I, LAW 108 Constitutional Law II, LAW 117 Legal Research and Writing I.
LAW 516. Air Force JAG at Offutt AFB Externship. 3 credits.
Externs work in various aspects of the legal office for Offutt Air Force Base, including criminal justice (prosecutorial only); tort/civil liability; administrative law (with the possibility of participating in a military discharge hearing); contract law; will drafting; and providing general legal assistance to active duty personnel. A team of active duty JAGs train and work with the student extern. P: Evidence; Preferred: students with military identification and clearance.
LAW 517. Immanuel Externship. 3 credits.
This externship provides students an opportunity to work under the supervision of the Manager of Compliance at Immanuel. Externs will be exposed to diverse legal issues in a health care setting devoted to the care and treatment of the elderly. Externs can anticipate working on legal issues related to Medicare/Medicaid; HIPAA (privacy/security of medical records); contracts; billing/coding (false claims); Stark and Anti-Kickback; conflicts of interest; non-profit law, and various other federal/state regulations that face health care institutions. Externs will (i) research federal and state law, (ii) draft and review company policies and procedures based on their research to ensure Immanuel’s compliance with applicable federal and state regulations, and (iii) draft/review HIPAA-related contracts, authorizations and consents. Externs will also be exposed to corporate compliance meetings and trainings, one-on-one meetings with company employees to resolve legal/compliance issues; and observe how attorneys operate in a compliance office within a health care organization. A student who has taken Administrative Law and/or Health Care Law or who has prior work experience in health care will get the most benefit from this externship. P: Preference given to students who have completed at least four full-time semesters of law school (or the equivalent hours).
LAW 518. U.S. Army Corps of Engineers. 3 credits.
As advisor to the Commander of the Corps of Engineers, Omaha District, the Office of Counsel offers a broad range of challenges with a limitless opportunity to excel. The District performs engineering design and construction for Army and Air Force, including some of the most important military installations, within 8 Upper Midwest and Mountain states. The District oversees 6 main stem Missouri River dam projects and numerous other tributary projects, along with administration of a robust Clean Water Act Section 404 regulatory program in the Upper Missouri River basin. Additionally, the District is involved with hazardous, toxic, and radioactive waste cleanup and environmental remediation under CERCLA, RCRA, and other environmental laws. In addition, the Office of Counsel has legal duties related to labor law, EEO, and Ethics. Tasks may include the following:conducting legal research on federal laws and regulations for legal matters affecting the organization’s civil works mission;supporting assigned agency counsel with legal research and trial preparation related to cases pending in federal district and appellate courts;assisting the agency with fact gathering, drafting memoranda, attending meetings, reviewing legal documents, observing negotiations and mediations, and attend court and administrative hearings;researching federal contract law and policy to assist with contract award reviews and contractor claims within the agency’s contracting mission; and assisting agency labor counsel with labor and EEO matters before the agency. P: Must undergo federal security screening before placement.
LAW 519. CHI Health Regional General Counsel Office (Omaha). 3 credits.
Your responsibilities may include: Analyzing the application of applicable laws and standards to various arrangements. Such laws and standards may include HIPAA, ARRA & HITECH, Stark, Anti-Kickback Statute, and various FTC, CMS, OIG, or other regulatory agency guidance, state laws, and Joint Commission standards; Developing, implementing and monitor organizational processes regarding confidentiality and information security; Providing input and recommendations on possible improvements in legal work flow and service levels; Providing assistance with various transactional matters; Investigating allegations of breach of confidentiality. You’ll learn about the case and help develop and implement remedial measures, taking into account the technological advances in electronic record-keeping, the electronic medical record, and e-communication, including social media. Preference given to Students in the Health Law Certificate program.
LAW 520. Externship Classroom Component. 1 credit.