Dedman Law: Course Descriptions

Dedman School of Law

Courses

Juris Doctor

• LAW 8305 - Intellectual Property Licensing Law

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  Credits: 3
  
  Focuses on how holders of intellectual property assets exploit and retain their rights in the realm of licensing. Also, the legal and business issues relating to licensing of intellectual property, including trademarks, patents, copyrights, trade secrets, software, and information database assets. Explores the rights and duties of the license parties, negotiation of the terms and clauses of the license agreement for each form of intellectual property, misuse and antitrust constraints on licensing, and management and enforcement of the license. Examines university technology transfer, government procurement licensing, third party rights in the license, and international licensing. Considers open licensing practices as seen in open source software and the Creative Commons. Hands-on and practical course with many drafting assignments and a take-home exam.
• LAW 8306 - Law and Science

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  Credits: 3
  
  Edited writing seminar. Examines the various interactions of science and law in both civil and criminal contexts. Students read about and discuss how science aids in achieving just results, some new problems that science poses in the legal arena, and the importance of understanding science in practicing law. Topics include the importance of DNA, fingerprint, and statistical evidence; how scientific understanding affects notions of liability and culpability; the protection of research subjects; and bioethics, cloning, and nanotechnology.
• LAW 8308 - History of Anglo-American Legal Institutions

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  Credits: 3
  
  Examines the development of the Anglo-American system of civil and criminal justice from the Medieval Period to the present day. Topics may include the origins and evolution of the common-law jury, the emergence of rules of procedure and evidence, and the changing roles of judges and attorneys.
• LAW 8311 - Constitutional Law II

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  Credits: 3
  
  A study of individual rights, including such areas as equal protection of the laws and due process of law, with particular emphasis on issues of racial discrimination, gender discrimination, and the right to privacy. Depending on the professor, may also include freedom of speech and freedom of religion.
• LAW 8312 - International and Foreign Legal Research

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  Credits: 3
  
  Provides the basic knowledge and skills needed to conduct competent international and foreign legal research, including methods to find and evaluate international and foreign legal materials using both electronic and print resources. Expands on and reinforces the basic legal research skills taught in the first-year legal research and writing course. Students become skilled in researching various international and foreign legal sources and in using research techniques through practical application in assignments and class exercises. Students need to bring their own laptop computer to class.
• LAW 8315 - International Business and Financial Transactions

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  Credits: 3
  
  A basic course for U.S. and international students on fundamental legal problems encountered in international business transactions (e.g., international sales, licensing, and foreign direct investments) and in international financial arrangements (e.g., international letters of credit, syndicated loans, project financing, and Eurobond offerings and securitizations), along with selective issues facing the multinational enterprise. Particularly beneficial as a foundation course for the student desiring to pursue the international law area or for the student desiring only a survey of the area. (*updated* 11/30/2018; effective Spring 2019)
• LAW 8318 - Seminar on Extraterritorial Jurisdiction

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  Credits: 3
  
  The proliferation of legal regimes purporting to govern the same activities presents opportunities and conundrums for lawyers dealing with a wide variety of cutting-edge U.S. and/or international law issues that span civil and criminal divides (e.g., free speech on the Internet and intellectual property rights; the geographic reach of antitrust and securities laws; and laws designed to combat terrorism, child sex tourism, piracy, and international human rights violations like torture and genocide). Requires students to write a substantial research paper of publishable quality. The first part of the seminar explores recent cases and scholarship related to extraterritorial jurisdiction in order to raise the students’ awareness of the theoretical and doctrinal issues involved and to develop the students’ ability to evaluate and critique legal scholarship. In the second part of the seminar, students discuss their research proposals and works-in-progress in light of substantive and methodological insights gained from the first part of the seminar.
• LAW 8319 - International Economic Law and Development

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  Credits: 3
  
  Foundation course that enhances the understanding of financial, monetary, trade, and investment law and regulations. Also, related economic development theories and policies in their current global setting, particularly as they directly impact 80 percent of the world population (i.e., the developing world). Against the constantly changing background of economic policymaking, examines economic and legal interaction among industrialized states, developing countries, international economic institutions (e.g., U.N. economic functions, IMF, and World Bank Group) and regional economic institutions (e.g., in Latin America and Africa), and private actors (e.g., multinational corporations, international commercial financial institutions, and nongovernment organizations). Provides an overview of the legal and institutional foundations of the evolving global international economic order. Particular attention is given to the issues of sustainable economic development, stable financial systems, and alleviation of poverty in developing and emerging countries. May cover issues such as the basic legal principles and doctrines governing international economic organizations, official development assistance, the U.N. Millennium Goals, the Washington Consensus versus the Monterrey Consensus, the WTO Doha Agenda for developing countries, South-South and North-South regional economic integration efforts, sovereign debt reduction and rescheduling, privatization development programs, development of appropriate economic legal and judicial infrastructures for development, and postconflict economic reconstruction. The course should be of particular importance for domestic and international students seeking an international legal practice with private firms, international and regional bodies, and domestic government and private bodies dealing with the international arena.
• LAW 8323 - Small-Business Clinic Deputy

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  Credits: 3
  
  Deputies help supervise clinic students preparing client representation, and provide assistance in areas such as fact investigations and analysis, legal research and writing, litigation training, and court appearances. Deputies are selected by the clinic instructors; students may not enroll before being selected. Pass/fail or graded, at the option of the professor.
• LAW 8330 - International Law Review

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  Credits: 3
  
  Law review experience involving preparation of comments on topics of current interest, notes on cases of significance, and editorial work incident to publication of “The International Lawyer” and “NAFTA: Law and Business Review of the Americas.” Students must be selected for participation before they may register. Available only for J.D. students.
• LAW 8341 - Criminal Law

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  Credits: 3
  
  Origins and sources of the criminal law and general principles of criminal law, including actus reus, mens rea, and causation. May cover the elements of some specific crimes such as homicide and/or theft offenses, and some conditions of exculpation such as justification and insanity.
• LAW 8343 - Civil Litigation: Critical Issues and Policies in Civil Procedure

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  Credits: 3
  
  An edited writing seminar that focuses on the policy issues underlying civil procedure. Students read classic and contemporary literature regarding the procedure system, and use the tools provided by this overview to craft an original analysis of a contemporary controversy facing courts and legislatures. Readings include topics such as access to justice, the vanishing trial, the roles of judges and juries, the insights of empirical research, aggregate litigation, and comparative civil procedure.
• LAW 8346 - Food and Drug Law

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  Credits: 3
  
  Examines how the Food and Drug Administration regulates food, drugs, medical devices, and biotechnology. The FDA is the oldest consumer protection agency in the United States, and it regulates a significant portion of the U.S. economy. Addresses the history and scope of the FDA’s authority, how the agency has evolved to deal with modern developments in the biosciences, and emerging public health and safety issues such as bioterrorism and advances in genetic research. Students learn theories and study examples of risk regulation, statutory interpretation, interagency cooperation, public participation, and agency policymaking. Also, the FDA’s relationships with Congress, the executive branch, and the industries it regulates.
• LAW 8355 - Evidence

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  Credits: 3
  
  Principles governing the admission and exclusion of evidence, including functions of judge and jury, examination and competency of witnesses, demonstrative evidence, the hearsay rule and its exceptions, burdens of proof and presumptions, privileges, and judicial notice.
• LAW 8360 - Income Taxation

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  Credits: 3
  
  Introduction to the federal income tax system; analysis of Internal Revenue Code, Treasury Regulations, rulings, and case law; and consideration of income, deductions, credits, assignment of income, and accounting periods and methods.
• LAW 8369 - Oil and Gas Contracts

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  Credits: 3
  
  A survey of basic oil and gas contracts used in exploration and production operations in the United States and internationally, and the problems and legal issues that they present. Includes lease addenda, assignments, support agreements, farmout agreements, operating agreements, gas contracts and balancing agreements, division orders, and technical agreements. Drafting solutions and alternatives are explored. Oil and Gas may be completed beforehand or taken simultaneously. (*updated* 11/30/2018; effective Spring 2019)
• LAW 8375 - Legal Research, Writing, and Advocacy I

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  Credits: 3
  
  Students meet in small groups and integrate instruction in research, analysis, and writing as well as instruction in advocacy skills such as brief writing, oral argument, and negotiation. Uses simulated interviewing and negotiation exercises, group discussions, and writing exercises to teach these skills. In the fall, emphasizes research skills and legal analysis; focuses writing instruction on organization and synthesis; and requires students to write an objective legal memorandum containing a well-reasoned, clearly written analysis of several legal issues, substantiated by legal authority in correct citation form. In the spring, involves research and analysis that are more advanced and focuses on persuasive writing. Grades each term are based in large part on one research and writing project.
• LAW 8376 - Legal Research, Writing, and Advocacy II

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  Credits: 3
  
  Students meet in small groups and integrate instruction in research, analysis, and writing as well as instruction in advocacy skills such as brief writing, oral argument, and negotiation. Uses simulated interviewing and negotiation exercises, group discussions, and writing exercises to teach these skills. In the fall, emphasizes research skills and legal analysis; focuses writing instruction on organization and synthesis; and requires students to write an objective legal memorandum containing a well-reasoned, clearly written analysis of several legal issues, substantiated by legal authority in correct citation form. In the spring, involves research and analysis that are more advanced and focuses on persuasive writing. Grades each term are based in large part on one research and writing project.
• LAW 8390 - Contracts II

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  Credits: 3
  
  The history and development of the common law of contract; principles controlling the formation, performance, and termination of contracts, including the basic doctrines of offer and acceptance, consideration, conditions, material breach, damages, and statute of frauds; and statutory variances from the common law, with particular attention to Uniform Commercial Code sections.
• LAW 8395 - Trusts and Estates

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  Credits: 3
  
  A general survey of the law relating to family wealth transmission, taking into account transfers within the probate system - wills and intestate succession - and transfers outside it, with special attention to trusts. Topics include the legal definition of family relationships; formalities required for execution and revocation of wills and other donative documents; mental capacity and volition; drafting pitfalls, post execution events, and difficulties of interpretation; legal protections offered to a decedent’s spouse and children; will substitutes such as life insurance, pension plans, and rights of survivorship; planning for incapacity and other changes in circumstances; obligations and powers of fiduciaries; rights of creditors and beneficiaries; trust creation, supervision, modification, duration, and termination; charitable purposes; and the impact of tax policy on estate planning.
• LAW 8455 - Evidence

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  Credits: 4
  
  Principles governing the admission and exclusion of evidence, including functions of judge and jury, examination and competency of witnesses, demonstrative evidence, the hearsay rule and its exceptions, burdens of proof and presumptions, privileges, and judicial notice.
• LAW 8601 - Legal Externship

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  Credits: 6
  
  Offers an opportunity to earn credit through various externship programs under the supervision of a faculty member. Students work a designated number of hours each week, without compensation, at specified legal offices. Each student must fulfill the requirements established for the program.
• LAW 9001 - Legal Practical Training Internship

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  Credits: 0
  
  
• LAW 9100 - Legal Practical Training Internship

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  Credits: 1
  
  Offers practical training and experience in a law firm, corporate law department, government agency, or other law-related business. Students work on assigned projects under the supervision of lawyers who work at the placement. Activities vary and may include attending meetings, observing negotiations, conducting legal research, working on special projects, and otherwise gaining an understanding of how law is practiced within a business setting.
• LAW 9115 - Science and Technology Law Review

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  Credits: 1
  
  Law review experience involving preparation of comments on topics of current interest, notes on cases of significance, and editorial work incidental to the publication of the “SMU Science and Technology Law Review.” Students must be selected for participation before they may enroll. Available to J.D. students only.
• LAW 9157 - Consumer Advocacy Project Deputy

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  Credits: 1
  
  Deputies help supervise clinic students preparing client representation, and provide assistance in areas such as fact investigations and analysis, legal research and writing, litigation training, and court appearances. Deputies are selected by the clinic instructors; students may not enroll before being selected. Prerequisite: LAW 7561  Consumer Advocacy Project.
• LAW 9201 - Employee Benefits and Erisa Litigation

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  Credits: 2
  
  A study of the evolution, theory, and structure of employment-related benefit law. Covers social, economic, and political considerations and their influence on federal labor and tax law in the area of employee benefits, with emphasis on the labor provisions of the Employee Retirement Income Security Act of 1974. Also, the balancing of authority among several federal agencies in the regulation of employee retirement and medical benefit plans and the interpretation and application of federal statutory law.
• LAW 9211 - Alternative Dispute Resolution

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  Credits: 2
  
  An examination and analysis of materials and skills used in dispute resolution other than litigation. Emphasizes the theory and practice of negotiation, mediation, arbitration, and mini-trials, with examples and problem simulations drawn from various fields of law.
• LAW 9215 - Science and Technology Law Review

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  Credits: 2
  
  Law review experience involving preparation of comments on topics of current interest, notes on cases of significance, and editorial work incidental to the publication of the “SMU Science and Technology Law Review.” Students must be selected for participation before they may enroll. Available to J.D. students only.
• LAW 9257 - Consumer Advocacy Project Deputy

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  Credits: 2
  
  Deputies help supervise clinic students preparing client representation, and provide assistance in areas such as fact investigations and analysis, legal research and writing, litigation training, and court appearances. Deputies are selected by the clinic instructors; students may not enroll before being selected. Prerequisite: LAW 7561  Consumer Advocacy Project.
• LAW 9305 - Remedies: Law of Damages and Restitution

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  Credits: 3
  
  A functional analysis of standards, rules, and devices applicable generally to the trial of various types of commercial claims, including the standards of value, certainty, and avoidable consequences. Also, the concepts of interest, expenses of litigation, and exemplary damages. Detailed consideration is given to all types of commercial remedies, both at law and in equity, that result in a money judgment.
• LAW 9315 - Science and Technology Law Review

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  Credits: 3
  
  Law review experience involving preparation of comments on topics of current interest, notes on cases of significance, and editorial work incidental to the publication of the “SMU Science and Technology Law Review.” Students must be selected for participation before they may enroll. Available to J.D. students only.
• LAW 9357 - Consumer Advocacy Project Deputy

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  Credits: 3
  
  Deputies help supervise clinic students preparing client representation, and provide assistance in areas such as fact investigations and analysis, legal research and writing, litigation training, and court appearances. Deputies are selected by the clinic instructors; students may not enroll before being selected. Prerequisite: LAW 7561  Consumer Advocacy Project.