After completing your first year at Creighton University School of Law you are required to earn 58 additional hours to graduate. To achieve that, you must take an average of 15 hours in each of your last four semesters. To reduce that number, you can take summer courses. If you would like to take more than 17 hours—or fewer than 10 hours—in any semester you’ll need to receive permission from the Associate Dean.
JD Curriculum requirements: 90 credits
|LAW 100||Introduction to Law||0|
|LAW 141||Law School EDGE||0|
|LAW 103||Civil Procedure I||3|
|LAW 111||Contracts I||3|
|LAW 117||Legal Research and Writing I||2|
|LAW 125||Property Law||4|
|LAW 104||Civil Procedure II||3|
|LAW 107||Constitutional Law||4|
|LAW 112||Contracts II||3|
|LAW 115||Criminal Law||3|
|LAW 118||Legal Research and Writing II||3|
|Required Second-Year courses, students may take these courses in either semester of the second year (limit of 18 credits per term):|
|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||3|
|Recommended for all 3L students; required for those 3L students in the bottom 1/3 of the class.|
|LAW 302||Comprehensive Review||3|
|Experiential Learning Required|
|Experiential Learning Requirement in Second or Third year.||6|
|See "Experiential Learning" tab for list of courses.|
|Second and Third Year Electives|
|Select credits needed to reach 90 total credits.||27|
|No more than 18 of the 90 credits may be in non-classroom hours.|
Students may choose to add one of the following Concentrations to their JD studies:
EXPERIENTIAL LEARNING REQUIREMENT
Students are required to complete six (6) credit hours toward the Experiential Learning requirement for graduation. Please note: LAW 345 and LAW 418 - only one can be used toward the Criminal Law Area of concentration.
Choose from the courses below:
|LAW 301||Arbitration/Trial Theory||1|
|LAW 308||Advanced Trial Practice||3|
|LAW 310||Alternative Dispute Resolution||3|
|LAW 312||Advanced Legal Writing and Drafting||2,3|
|LAW 313||Advanced Legal Research||2|
|LAW 327||Arbitration Advocacy||3|
|LAW 328||Client Interviewing and Legal Counseling||3|
|LAW 345||Defense of Criminal Cases||2|
|LAW 353||Estate Planning||2|
|LAW 358||Family Law Practice||3|
|LAW 372||International Business Contracting||3|
|LAW 388||Milton R. Abrahams Legal Clinic||1-3|
|LAW 404||Mediation Process||3|
|LAW 418||Prosecution of Criminal Cases||2|
|LAW 431||Scientific Evidence||3|
|LAW 434||Commercial Contract Drafting||3|
|LAW 445||Wrongful Convictions||3|
|LAW 455||Trial Practice||3|
|LAW 486||Appellate Litigation||3|
|LAW 520||Externship Classroom Component||1|
|LAW 522||Classroom Component-Milton Abrahams Legal Clinic||1|
LAW 005. Supplemental Bar Preparation Program. 0 credits.
The Creighton Law 2022 Supplemental Summer Bar Preparation Program will provide additional support and preparation for Creighton Law graduates preparing to sit for the bar exam in July 2022. Program faculty will meet with local participants on a regular basis to provide support, accountability, and encouragement. Sessions and workshops will include discussion about strategies for tackling the MBE, structure and format for effective MEE and MPT answers, and time and stress management. Program faculty will have regular contact with non-local participants to provide similar support, accountability, and encouragement, and will provide non-local participants with similar information and resources concerning the MBE, the MEE, the MPT, and time and stress management. Guest lecturers will periodically speak to participants about the most heavily tested topics within the various subjects covered on the bar examination. All participants will have the opportunity to complete numerous practice MEE and MPT answers, and will receive individualized feedback.
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. 3 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. 3 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. 4 credits.
Constitutional Law covers the structure of the United States government and individual rights. The course surveys the constitutional powers and limitations applicable to each of the three branches of the federal government; and examines the subject of federalism through the constitutional relationship of the federal and state governments. The course also surveys individual rights under the Constitution, and topics may include state action, the Due Process, Equal Protection, Takings, Privileges or Immunities, and Contracts Clauses, and the First Amendment.
LAW 111. Contracts I. 3 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. 3 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 Law. 4 credits.
Property Law explores the acquisition, ownership, and concept of real property. The course explores adverse possession, estates and future interests, concurrent ownership of real property, laws governing leasehold estates, and buying, selling, and financing real property. The course discusses private and public land use planning methods such as easements, real covenants, and zoning regulation.
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 141. Law School EDGE. 0 credits.
A weekly 1-hour meeting for all 1L students held on Friday mornings during the first nine weeks of the Fall semester. This non-credit bearing seminar focuses on the following areas of law school learning: time management, test preparation, mindset and anxiety, note taking and outlining, and test taking. The seminar also exposes 1L students to the staff, resources, and services available from Academic Success. Students end each session in small groups meeting with same 2L Mentors assigned during Orientation.
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. This is a required course for all law students.
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. This is a required course for all law students.
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. This course is a related course in the Energy, Environmental, and Sustainability Law Area of Concentration.
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 satisfactory/unsatisfactory. This course is a related course in the Litigation Area of Concentration.
LAW 302. Comprehensive Review. 3 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 56 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 Law Area of Concentration.
LAW 304. Agricultural Law. 2 credits.
This course will address the ways state and federal law impact and regulate the agricultural sector. This class will address the economic regulation of agriculture, including farm policy and programs, the farm bill, and federal crop insurance. The class will also address operational finance issues in agriculture, including agricultural security interests, liens on agricultural commodities, corporate farming restrictions, and land finance and lease issues. This course is a related course in the Energy, Environmental, and Sustainability Law Area of Concentration.
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 and a required course in the Energy, Environmental, and Sustainability Law 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 and 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 constitution making 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. 3 credits.
While formal court adjudication remains the cornerstone of traditional legal dispute resolution, over 95% of cases are resolved outside of the court room. This course provides an overview of three dispute resolution processes - negotiation, mediation, and arbitration – that complement or are alternatives to formal court adjudication. Students will explore the fundamentals of each process, its underlying theory and law, and the differing roles of neutrals. Throughout, students will reflect on their preferred approaches to these dispute resolution methods. A combination of lectures and simulations, this course satisfies 3 professional skills credits. This course is a related course in the Health Law Area of Concentration, the Family Law Area of Concentration, and 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.
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 Litigation 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. Topics 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. 3 credits.
This skills course will focus on the practical applications of the unique business, legal and procedural aspects of arbitration in the US legal system. Despite the dramatic increase in the use of arbitration agreements, many lawyers are unaware of the unique legal and procedural aspects of modern-day arbitration. This class focuses on the following key aspects of arbitration: understanding the history of arbitration, the type of business arrangement that constitutes an agreement to arbitrate, the business and legal considerations regarding the decision to utilize arbitration as a means to resolve future disputes and the drafting of such agreements; the elements necessary to create an enforceable arbitration agreement and/or challenging the enforceability of an arbitration agreement; the arbitration proceeding, from commencing an action; discovery; selection of arbitrators; evidentiary issues; and structure of the proceeding; and final decision/awards; and judicial review/oversight with regard to arbitration agreements, decisions/awards and the ability to challenge actions taken by arbitrators. This course is a related course in the Health Law Area of Concentration, the Litigation Law Area of Concentration, and the Sports Law Area of Concentration.
LAW 317. Corporate Reorganization. 3 credits.
This course is an introduction to the legal and financial issues involved in corporate reorganizations. Learning objectives for the course: In this course students will (1) review basic principles applicable to business entities under state corporate law and federal statutes and regulations; (2) familiarize themselves with bankruptcy principles applicable under the United States Bankruptcy Code, with a focus on Chapter 11; (3) recognize and analyze the legal and financial issues faced by failing businesses and consider reorganization principles as a solution to these issues; (4) evaluate the role and interest of economic stakeholders in reorganizations; (5) understand and apply the fiduciary and ethical standards applicable to entities in distress; (6) hone the following legal skills: problem solving, statutory reading and interpretation, legal analysis, as well as oral and written communication; and (7) learn the basics of a lawyer’s role in advising clients in the context of corporate reorganizations. There is no prerequisite for Corporate Reorganizations but Business Associations and Commercial Law are recommended for background knowledge. This course is a related course in the Business Law Area of Concentration.
LAW 319. Comparative Corporate Governance Seminar. 2 credits.
This seminar will examine systems of corporate governance from a comparative perspective. In considering the allocation of responsibility among corporate actors, we will focus on the following: (i) internal corporate mechanisms, particularly the function and duties of directors, (ii) outside market pressures, including institutional investors and the market for corporate control, and (iii) the role of non-shareholder stakeholders. Our study will begin with the U.S. governance model, proceed to Japanese and German models and include a brief examination of governance in selected transitional economies. We will also consider the international influence of the U.S. model and whether the various models of corporate governance are converging. Each student will be required to prepare a research paper on a topic selected by the student and make a short class presentation on the same topic. Enrollment is limited to 15 students. This course is a related course in the International & Comparative Law Area of Concentration. P: LAW 335.
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 experimentation, the nature of consent regarding medical procedures, control of drugs and organs, definitions of death, and the implications of euthanasia. This course is a required course in the Health Law Area of Concentration.
LAW 323. Comparative Government. 3 credits.
The course uses a comparative approach to review and assess forms of government existing in our time, including their systems for promulgating, administering, and enforcing law. A general approach to the notions of modern state and nation state will constitute an introduction to the central topic of the course. The course will not deal directly with the form of government exemplified in the United States, which is well known to the participants. All other forms will be considered, namely parliamentary government, semi-presidential government, directorial government, power-sharing form of government, as well as an example of government resisting classification (China) and a supra-national government (e.g., the European Union). This course is a related course in the International & Comparative Law Area of concentration.
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 Energy, Environmental and Sustainability Law area of concentration, the Business Law area of concentration and the Sports Law area of concentration.
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 Law Area of Concentration. P: LAW 335 and LAW 363.
LAW 327. Arbitration Advocacy. 3 credits.
Businesses and employers are increasingly turning to arbitration - a private, binding, out-of-court process - to resolve their disputes. This 3-credit skills course is designed to give students experience in all stages of arbitration, from filing an arbitration demand and selecting the arbitrator(s), to preparing and presenting the arbitration case under AAA, JAMS, or similar rules, and finally, to reviewing the award for enforceability. Students will play the role of lawyers, arbitrators, and parties in exercises and role plays simulating arbitration in commercial, employment, insurance, consumer, and other domestic U.S. disputes. It is an elective in the Health Law area of concentration. P: LAW 103, LAW 104, and LAW 355.
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. This course is a related course in the Family Law area of concentration and the Sports Law area of concentration.
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 Law Area of Concentration. P: LAW 111, LAW 112, 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. This course is a related course in the International & Comparative Law area of concentration and the Litigation area of concentration.
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. This course is a related course in the Business Law area of concentration and the Energy, Environmental, and Sustainability Law area of concentration.
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 required course for all law students.
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 Law Area of Concentration. P: LAW 111 and LAW 112.
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 Law Area of Concentration and the Sports Law 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. P: LAW 107. This is a required course for all law students.
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 Area of Concentration and the Litigation Area of Concentration. P or CO: LAW 107, LAW 115, LAW 341, LAW 355 (priority given to students who have completed the prerequisites). A student may take both LAW 345 and LAW 418 but only ONE may apply to the Criminal Law concentration.
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.
This two-hour course will examine the federal compliance guidelines (ERISA) for the access and delivery of healthcare for private employer plans, individual coverage available through State exchanges, Medicare, and Medicaid. Specifically, the course will cover certain aspects of the Affordable Care Act, COBRA, HIPAA and CMS guidelines. In addition, course materials will discuss Provider liability and malpractice insurance coverage requirements under the Nebraska Hospital Liability Act, as well as Stark Provisions and Medicare Fraud and Abuse case law. This course is a related course in the Health Law Area of Concentration and the Business Law Area of Concentration.
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. This course is a related course in the Business Law Area of Concentration and the Criminal Law and Procedure Area of Concentration.
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 conservation. A second major portion of the course examines federal and state regulation and remediation of pollution of air, water, and land. This course is a required course in the Energy, Environmental, and Sustainability Law Area of Concentration.
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, "elder law." 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. This course is a related course in the Family Law Area of Concentration and the Health Law Area of Concentration.
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 inter vivos and testamentary dispositions of property. CO: LAW 457. This course is a related course in the Family Law Area of Concentration.
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.] This course is a related course in the International & Comparative Law Area of Concentration.
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. This course is a related course in the Family Law Area of Concentration.
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. This course is a required course in the Energy, Environmental, and Sustainability Law Area of Concentration.
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 required course for all law students.
LAW 356. EU & US Privacy Law. 3 credits.
This course provides a basic understanding of EU data privacy law, its development, and the underlying institutional structure; contemporary history and international issues including Brexit; the development of Data Protection Law until the GDPR and beyond; the development of United States privacy law and how it differs from EU law; and US data privacy initiatives, privacy requirements, and legal responsibilities on a data breach in the United States. This course is related course in counts toward the International and Comparative Law Area of Concentration.
LAW 357. Marriage and Divorce. 3 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. This course is a required course in the Family Law Area of Concentration.
LAW 358. Family Law Practice. 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). This course is a required course in the Family Law Area of Concentration.
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. This course is a related course in the Health Law Area of Concentration.
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. This course is a related course in the Litigation Area of Concentration.
LAW 362. Current Topics in Public Health Law. 3 credits.
This course examines the particular legal, ethical, and social issues in public health practice, including the inherent tensions in balancing governments’ interests in ensuring, protecting, and promoting health and individuals’ rights and liberties. Each time the course is offered, roughly one-third of the course is devoted to fundamentals of public health law, including conceptual foundations of public health, the legal foundations of public health practice (federal, state, and local), and modes of legal intervention to promote public health. A particular public health topic is identified before registration for the semester the course is offered. The topic is covered in depth and the legal, ethical, and social issues are explored in context. Whenever possible, the course includes short class visits or required student interviews with national experts (virtually) and local public health practitioners as part of the class. This course is a related course for the Energy, Environmental, and Sustainability Law Area of Concentration and the Health Law Area of Concentration.
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 required course in the Business Law Area of Concentration and the Family Law Area of Concentration.
LAW 364. Family Law Seminar. 3 credits.
This Seminar builds on the material presented in "Marriage & Divorce" and "Children, Families & the State" courses. It provides an in-depth exploration of topics that are found at the forefront of family law development and family law practice. Two examples of practice frontiers are forms of alternative dispute resolution used in post-divorce settlement/award enforcement and juvenile offender rehabilitation. Other issues to be covered include international custody issues; assisted reproduction and the legal recognition of non-traditional families; gender identity; and child and adult adoption. This course counts toward the Family Law concentration. P: LAW 334 and LAW 357.
LAW 366. First Amendment Freedom of Speech. 2-3 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.
LAW 368. Health Information Privacy. 2 credits.
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. This course is a related course in the Business Law Area of Concentration and the Health Law Area of Concentration.
LAW 369. Advanced Legal Clinic. 2-3 credits.
This course builds upon and continues the clinical work started in the previous semester's clinic, focusing on more complex practice matters. The course includes weekly direct instructional meetings to address issues the student is facing in assigned client work.
LAW 370. Immigration Law. 2-3 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 non-immigrant visas including visas based on employment, refuses and political asylum; excludable classes; entry procedure; deportable classes; the deportation process; and naturalization. This course is a related course in the International & Comparative Law Area of Concentration.
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. This course is a related course in the Business Law Area of Concentration.
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. This course is a related course in the Business Law Area of Concentration and the International & Comparative Law 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. This course is a required course in the Health Law Area of Concentration and a related course in the Business Law Area of Concentration.
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. This course is a related course in the Criminal Law and Procedure Area of Concentration and the Family Law Concentration.
LAW 379. Climate Change & 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. This course is a related course in the Energy, Environmental, and Sustainability Law Area of Concentration and the International & Comparative Law Area of Concentration.
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. This course is an elective course in the Business Law Area of Concentration.
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. This course is a related course in the Criminal Law and Procedure Area of Concentration and the International & Comparative Law Area of Concentration.
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. This course is a related course in the International & Comparative Law Area of Concentration and the Litigation Area of Concentration.
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 International & 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 Law 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. This course is a related course in the Criminal Law and Procedure Area of Concentration and the Family Law Area of Concentration.
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. This course is a related course in the Energy, Environmental, and Sustainability Law Area of Concentration.
LAW 388. Milton R. Abrahams Legal Clinic. 1-3 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; office, file, and time management skills. Clinic students will be assigned a variety of 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 150 hours during the semester and attend the weekly class session. Clinic grades are given on a satisfactory/unsatisfactory basis. Enrollment is limited to eight to ten third-year law students. 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 and the Family Law Area of Concentration. P: Completion of at least four full-time semesters of law school (or the equivalent hours) and at least 56 credit hours. Co-requisite course: LAW 522.
LAW 389. Race and Law. 2 credits.
This course will mindfully examine the intersectional topics of race and the law, emphasizing historical and modern racial justice movements, justice reform, the ethics of diversity, equity, inclusion and justice efforts in the legal system, and the effects of racial trauma on all players in the justice system.
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. This course is a required course in the Health Law Area of Concentration.
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 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 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 & 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. This course is a related course in the Energy, Environmental, and Sustainability Law Area of Concentration.
LAW 404. Mediation Process. 3 credits.
This class explores the theory, law, and practice of mediation, preparing students for the roles of 1) a neutral mediator, and 2) an advocate representing a client in mediation. Following lectures and small group work, students will participate in mediation role plays as mediators, disputants, and advocates. In these roles, students will practice their ethical negotiation skills and build facilitative mediation skills. Upon successful completion of the coursework approved by Nebraska’s Office of Dispute Resolution, students earn their Basic Mediation Training certificate. This course satisfies 3 professional skills credits. This course is a related course in the Health Law Area of Concentration and the Litigation Area of Concentration.
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. This course is a related course in the Energy, Environmental, and Sustainability Law Area of Concentration.
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 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, negotiation, 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 Family Law Area of Concentration, the Litigation Area of Concentration, and the Sports Law Area of Concentration.
LAW 413. Patent Law. 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 Law Area of Concentration.
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. This course is a related course in the Criminal Law and Procedure Area of Concentration and the Litigation Area of Concentration. P or CO: LAW 107, LAW 115, LAW 341, and LAW 355. Students may take these courses concurrently with LAW 418. A student may take both LAW 345 and LAW 418 but only ONE may apply to the Criminal Law concentration.
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 satisfactory/unsatisfactory.
LAW 421. Juvenile Justice Clinic. 3 credits.
The Clinic provides final-year students the opportunity to learn the lawyering process within the context of the juvenile justice system. Students will develop lawyering skills such as interviewing; counseling; case planning; fact investigation; negotiation; legal document preparation; courtroom tactics; advocacy; office, file, and time management skills. Clinic students will represent juvenile clients (aged 11-17) facing prosecution for delinquency and status offenses. Student case work will be reviewed in weekly case meetings with the supervisor. Students must work, at minimum, 150 hours during the semester and attend the weekly class session. Clinic grades are on a satisfactory/unsatisfactory basis. Enrollment is limited to eight students. This course is a related course in the Criminal Law and Procedure Area of Concentration, Family Law Area of Concentration, and Litigation Area of Concentration. Prereq: Complete four full-time semesters of law school or 56 credit hours. Pre or Co: Criminal Procedure, Evidence, and Professional Responsibility. LAW 422.
LAW 422. Classroom Component-Juvenile Justice Clinic. 1 credit.
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. This course is a required course in the International & Comparative Law Area of Concentration.
LAW 424. Advanced Juvenile Justice Clinic. 2 credits.
LAW 425. Sports Law. 3 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. This course is a required course in the Sports Law Area of Concentration.
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 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 is a required course for all law students. P: LAW 111 and LAW 112.
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 & Procedure Area of Concentration, Litigation Area of Concentration and the Health Law 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 56 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 Law 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 most of the Areas 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 Law Area of Concentration. P: LAW 335.
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 Anti-cybersquatting 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 Law Area of Concentration.
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 Law Area of Concentration and the Energy, Environmental, and Sustainability Law Area of Concentration. P: LAW 363; P or CO: LAW 335.
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. This is a related course in the Business Law Area of Concentration and the International & Comparative Law Area of Concentration. P: LAW 335 and LAW 363. LAW 442 is also highly recommended.
LAW 445. Wrongful Convictions. 3 credits.
With the exoneration of individuals through DNA evidence increasing each year, 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. This is a related course in the Criminal Law and Procedure Area of Concentration and the Litigation Area of Concentration.
LAW 448. Law and Economics. 3 credits.
This course will equip law and business students to analyze legal outcomes and regulatory policies through the lens of economic principles and theories. After a brief introduction to key economic concepts, including incentives, opportunity costs, market forces, and quantification of risk and value in assessing outcomes, we will apply these concepts to various legal topics, including regulatory decisions affecting price or quantity restrictions (e.g., price gouging laws, ticket scalping, and wage and hour limits), the effects of litigation rules and processes, and the effects of insurance and other risk-shifting measures. This course is a related course in the Business Law Area of Concentration and the Energy, Environmental, and Sustainability Law Area of Concentration.
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. 3 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. This is a required course for all law students. P: LAW 125.
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 460. Workers Compensation. 3 credits.
LAW 485. Competitions. 1-3 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 Litigation Area of Concentration.
LAW 487. Law Review. 1-3 credits.
LAW 500. Externships. 1-6 credits.
LAW 508. International & Comparative Law Journal. 1-2 credits.
LAW 520. Externship Classroom Component. 1 credit.
LAW 522. Classroom Component-Milton Abrahams Legal Clinic. 1 credit.
LAW 550. Pro Bono Service Distinction. 0 credits.
Consistent with the University's Jesuit mission, this course provides opportunities for students to experience the Ignatian value of seeking justice for all, especially the poor and marginalized. Through direct contact with local community non-profit organizations and court-connected services, students provide pro bono and community service to men, women, children and families in need of assistance.