Family Law, Gender & Sexuality Courses

The courses in this area cover legal topics pertaining to family matters and domestic relations, children’s rights, and the intersection of the law with gender and sexual orientation. Please note that some courses are not offered every year.

Foundational Courses

Var credits

McClain: This course offers a survey of family law, including case law, statutory law, and the constitutional limitations on regulation of the family. An aim of the course is to introduce students to family law as a dynamic field of law concerning a basic social institution: the family. Family law is a foundational course relevant to many areas of law practice. Students will gain knowledge about how family law intersects with many other fields of law, such as contracts, constitutional law, conflicts of laws, criminal law, property, tax, torts, and trusts and estates, as well as how family law draws on the social sciences. Students will be introduced to the role of negotiation, mediation, and other forms of dispute resolution in the practice of family law. The course will focus on marriage, nonmarital families, divorce, pathways to becoming a parent, and the parent-child relationship. Topics include defining and regulating marriage; formal and informal marriage; cohabitation and alternatives to marriage (such as domestic partnerships); common law incidents of marriage and transformation of the common law; domestic violence; traditional and "no fault" divorce; property division; spousal support; child support; child custody; and regulating parenthood. There will be a final examination. There will also be one short paper and an in-class skills exercise, which will contribute to the final grade. Silbaugh: This survey course will provide an introduction to the legal regulation of the family. The course will focus on the legal regulation and response to both adult and adult- child relationships. Topics covered will include: cohabitation; marriage; civil union; divorce and dissolution of relationships; the financial consequences of divorce including property division and alimony; premarital agreements; the laws governing non-marital relationships; family mediation; child custody, visitation, and parenting plans; child support; paternity; assisted reproductive technologies; and adoption. The course will also cover the interaction between families and the state in related areas of law including employment law and education law. There will be a final examination as well as in-class drafting and negotiation exercises. GRADING NOTICE: Silbaugh section does not offer the CR/NC/H option.

FALL 2018: LAW JD 814 A1 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
Tue,Thu 2:10 pm 4:10 pm 4 Linda C. McClain
SPRG 2019: LAW JD 814 S1 , Jan 17th to Apr 19th 2019
Days Start End Credits Instructors Bldg
Thu 11:00 am 12:30 pm 3 Katharine B. Silbaugh
Fri 10:30 am 11:50 am 3 Katharine B. Silbaugh

4 credits

Professor Seipp's Section: This course explores the basic law surrounding the disposition of property at death: (1) overview of the estate planning process and the policy considerations regarding inheritance law; (2) the process by which property is distributed in the absence of a will (intestacy); (3) the law of wills, examining formal requirements for the execution of a valid will, revocation, challenges to a will, and construction; (4) will substitutes and planning for incapacity; (5) the law of trusts, including revocable and pour-over trusts, creditor and beneficiary rights, and spendthrift trusts; (6) powers of appointment, perpetuities, and brief coverage of charitable trusts. This course does not address in detail tax-motivated estate planning. Professor Hurwitz's Section: This course explores the basic law surrounding the disposition of property at death: (1) overview of the estate planning process and the policy considerations regarding inheritance law; (2) the process by which property is distributed in the absence of a will (intestacy); (3) the law of wills, examining challenges to a will, formal requirements for the execution of a valid will, revocation, and construction; (4) will substitutes and planning for incapacity; (5) the law of trusts, including revocable and pour-over trusts, and creditor and beneficiary rights; (6) brief coverage of powers of appointment, perpetuities, spendthrift, and charitable trusts. This course does not address in detail tax-motivated estate planning.

FALL 2018: LAW JD 871 A1 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
Tue,Thu 2:10 pm 4:10 pm 4 David J. Seipp
SPRG 2019: LAW JD 871 A1 , Jan 15th to Apr 23rd 2019
Days Start End Credits Instructors Bldg
Tue,Thu 8:30 am 10:30 am 4 Ilana Hurwitz

Family Law Related Courses

3 credits

This seminar explores the utility of Critical Race Theory to the study of law. Specifically, this seminar analyzes the centrality of the law in constructing and maintaining -- as well as dismantling -- racism, racial inequalities, and race itself. The latter part of the seminar will consist of a sustained analysis of Critical Race Theory as it speaks to issues of gender and reproduction. Students will write a research paper; with the permission of the instructor, this paper may satisfy the upper-class writing requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2019: LAW JD 731 A1 , Jan 16th to Apr 24th 2019
Days Start End Credits Instructors Bldg
Wed 8:30 am 10:30 am 3 Ronald E. Wheeler

3 credits

This seminar considers the legal and policy framework of K-12 public education. During the first two-thirds of the meetings, we will study the historical development of public education; school desegregation and resegregation; school finance; federalism, localism, and accountability efforts; achievement gap and equity reforms such as school choice, charters, and vouchers; single-sex public education and other identity-based public schooling; commitments to students with disabilities; and bullying. For the final third of the course, students will work in pairs to develop a topic for further research, evaluation, and problem-solving, and present their work in person and in writing to the class. Students will leave this course with a foundation in substantive education law and policy, and develop and practice the following skills: oral communication, written communication, law and policy analysis, and collaboration. This is a reading and writing intensive course. NOTES: This class does not satisfy the upper-class writing requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2019: LAW JD 777 A1 , Jan 16th to Apr 24th 2019
Days Start End Credits Instructors Bldg
Wed 10:40 am 12:40 pm 3 Katharine B. Silbaugh

3 credits

This course will provide a comprehensive overview of the legal regulation of employment in the U.S. We will study the at-will default rule (and many of its modifications) as well as tort protections for employees, speech and privacy protections, and workplace disputes about property rights (specifically trade secrets and non-compete agreements). We will also review the basic requirements of wage and hour law and workplace safety regulations. Finally, we evaluate the efficacy of workplace misconduct investigations, layoff management and employment practices liability coverage. There are no prerequisites for this course and students may opt to write a 30 page research paper in lieu of a 3 hour final examination if they wish.

3 credits

This seminar provides a detailed examination of gender-motivated violence and legal responses. Recently, there has been greater recognition of gender-based injuries within the law and the provision of new, important protections to survivors. However, despite considerable progress, gender-based violence continues to present theoretical and practical questions, such as: To what extent is gender-based violence different than other types of violence? What legal approaches are most effective to address the harms while recognizing that the diverse interests of survivors? How do societal norms related to gender-based violence impact legal remedies? How should courts balance the interests of other parties in such proceedings to ensure that constitutional rights remain intact? This seminar will involve students in a close scrutiny of gender-based violence, including sexual assault, intimate partner violence, and sex trafficking, from legal, theoretical, and sociological perspectives. It will explore the limits of the law in addressing gender-based violence and emerging non-traditional approaches, including problem-solving courts and restorative justice frameworks. It also will examine how the emergence of the #MeToo movement may influence legal responses to gender-based violence. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with this seminar. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2019: LAW JD 798 A1 , Jan 17th to Apr 18th 2019
Days Start End Credits Instructors Bldg
Thu 2:10 pm 4:10 pm 3 Julie A. Dahlstrom

4 credits

The income tax is a pervasive feature of life in the United States and lawyers encounter tax issues in virtually every field of practice. This course introduces students to the fundamental principles of the federal income tax, and its impact on a wide range of matters, including employment, tort claims, divorce, retirement, and especially business activities and investments of all types. Topics include: the concept of income, determination of gross income, allowance of deductions and the determination of taxable income, identification of the taxpayer, taxable periods and timing, the determination of gain or loss (including realization and recognition) from dealings in property, the concept of income tax basis, and the process of change in the tax law. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2018: LAW JD 889 A1 , Sep 5th to Dec 5th 2018
Days Start End Credits Instructors Bldg
Tue,Thu 10:40 am 12:40 pm 4 Alan L. Feld
SPRG 2019: LAW JD 889 S1 , Jan 15th to Apr 23rd 2019
Days Start End Credits Instructors Bldg
Tue,Thu 9:00 am 10:30 am 4 Theodore S. Sims
Fri 9:00 am 10:20 am 4 Theodore S. Sims

3 credits

The American juvenile justice system was established over one hundred years ago to address the problem of young offenders. This course examines the historical, social and legal foundations for our current system. We will examine the issue of "rights" as applied to children and look at the effects of ideology and politics on the current juvenile justice system. How have assumptions of childhood and responsibility changed? Has the juvenile court been "criminalized" with the introduction of due process rights for children? Under what circumstances are children treated as adult offenders? Selected issues for inquiry include: police interrogation of juveniles; school safety and zero tolerance policies; adjudicative competency; anti-youth crime policies; conditions of incarceration; and changes brought about by elimination of mandatory juvenile life without parole. We will examine these issues through use of court cases, law review articles, governmental and private organizational position papers, and legislative history. Using the Massachusetts model, one of the early and often emulated juvenile systems, we will examine the changes in the prosecution and incarceration of juveniles over the past century. As we consider the overarching issue of whether it makes sense to maintain a separate justice system for juveniles, we will compare our system to those of other nations. We will visit the Boston Juvenile Court to observe a delinquency session and speak with court personnel. Students are expected to attend each class prepared to discuss the assigned readings. Course requirements include a 15-20 page final paper, a class presentation based on the paper topic or related class readings, and several assigned reading response papers over the course of the semester. ENROLLMENT LIMIT: 14 students. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2018: LAW JD 824 A1 , Sep 6th to Dec 6th 2018
Days Start End Credits Instructors Bldg
Thu 10:40 am 12:40 pm 3 Wendy Kaplan

3 credits

Mediation is part of the legal landscape in almost every substantive area and legal setting. This course will cover the theory and practice of mediation, the use of mediation to resolve disputes in various different legal contexts, and the development of practical mediation skills. We will examine the mediation process from the role of the mediator through the attorney representing a party in mediation. We will also address direct negotiation, the decision to mediate, mediator selection, preparation for mediation, and ethical issues involved in negotiation. The course will provide skill building through several interactive role-plays, in which students will have opportunities to act as a mediator, a party in mediation, and counsel to a party in mediation. The role play mediations and other exercises will survey many of the areas in which mediation is being used, including business and commercial; court-connected, federal-state agency (environmental and others); construction, employment/workplace; family/ divorce; school, community, and international. Due to the interactive nature of the class, students will be expected to attend all scheduled classes and to participate actively. Active participation includes in-class discussions, mediation role-plays, assigned reading, and writing a weekly mediator's journal. NOTES: This class does not satisfy the upper-class writing requirement. This class counts toward the 6 credit Experiential Learning requirement. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who waitlist for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2019: LAW JD 826 A1 , Jan 16th to Apr 24th 2019
Days Start End Credits Instructors Bldg
Wed 10:40 am 1:40 pm 3 Bette Roth

3 credits

This seminar explores Reproductive Justice ("RJ") as a paradigm for understanding reproductive oppression -- that is, the subordination of individuals through their bodies, sexualities, and abilities to reproduce. The RJ paradigm picks up where a reproductive rights framework ends. It contends that the fight for equality and dignity in matters relating to reproduction continues beyond a successful argument that the Constitution ought to protect a "right" to privacy, "right" to access contraception, or "right" to an abortion. An RJ framework observes that "rights" are given meaning -- and lose meaning -- according to the race, class, age, sexual orientation, gender identity, immigration status, and physical and mental ability (among other attributes) of the rights bearer. As such, RJ analyzes reproductive experiences within a complex context and with respect to the multiple statuses of the persons involved. ENROLLMENT LIMIT: 15 students GRADING NOTICE: This course does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2018: LAW JD 775 A1 , Sep 4th to Dec 11th 2018
Days Start End Credits Instructors Bldg
Tue 4:20 pm 6:20 pm 3 Khiara M. Bridges

Gender & Sexuality Courses

3 credits

This seminar examines the evolution of feminist jurisprudence (also called feminist legal theory) and its critique of the U.S. legal system and its norms. It takes up various debates within feminist jurisprudence and examines its application to many contemporary issues of law and public policy. The seminar provides an introduction to the various "generations" of feminist legal theory, as well as its relationship to other forms of legal theory. Students will learn about prominent strands of feminist legal theory, including liberal (or sameness), relational (or difference), radical (or dominance), Critical Race (or intersectional) and anti-essentialist, postmodern, and "Third Wave" feminism. We will consider the relationship between feminist jurisprudence and other forms of critical theory, such as Critical Race Theory, Queer Theory, and masculinities theory. The seminar will assess debates within feminist jurisprudence concerning how best to understand gender, the ideals of sex equality and equal citizenship, questions of sameness and difference between women and men, and over whether, in view of differences among women based on class, ethnicity, race, and sexual orientation and in view of other critiques of identity categories, it is desirable or possible to speak about "women" -- or "men" -- as meaningful categories. Topics covered vary, depending on student interest, but will likely include some of the following: legal regulation of sexuality, marriage, reproduction, and family; work/life conflict; employment discrimination (including sexual harassment); political leadership and representation; pornography; poverty and social welfare policy; violence against women; war and military service; international human rights; and the debate over multiculturalism and its impact on sex equality. Students may write a research paper or three shorter papers. Either of these writing options may satisfy the Upper-class Writing requirement. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This seminar provides students a chance to study contemporary issues of gender, law, and policy through the format of a series of presentations of works-in-progress by legal scholars actively engaged in new and important research on such issues. Many legal and social problems implicate gender and gender equality. Gender remains a significant category of analysis in numerous substantive areas of law. Gender equality is also a commitment of domestic law and international human rights law, but gender inequality persists. At the same time, some scholars question the continuing use of gender and other identity categories. We examine cutting-edge issues about gender, law, and policy through a series of seven presentations in which prominent scholars with expertise in the area of gender, law, and public policy present scholarly works-in-progress for discussion with the instructor and students. In alternating weeks, when there is no outside speaker, the instructor and students will discuss the paper that is to be delivered the following week, as well as relevant background reading. Topics vary from year to year, depending on the speakers, but in the past have included: anti-discrimination law, criminal law, corporate board diversity, elder law, employment law, family law, First Amendment (speech and religion), gender identity issues (including transgender rights), health law controversies, international human rights, the intersection of race and gender, masculinity studies, privacy law, reproductive rights, theories of sex difference, and tort law. Students will write a short reflection paper on each scholarly paper and one longer paper (10-12 pages) about one of the seven works. Interested faculty are invited to attend sessions when speakers present their work. NOTES: This class does not satisfy the upper-class writing requirement. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2018: LAW JD 966 A1 , Sep 10th to Dec 10th 2018
Days Start End Credits Instructors Bldg
Mon 4:20 pm 6:20 pm 3 Linda C. McClain

3 credits

This seminar provides a detailed examination of gender-motivated violence and legal responses. Recently, there has been greater recognition of gender-based injuries within the law and the provision of new, important protections to survivors. However, despite considerable progress, gender-based violence continues to present theoretical and practical questions, such as: To what extent is gender-based violence different than other types of violence? What legal approaches are most effective to address the harms while recognizing that the diverse interests of survivors? How do societal norms related to gender-based violence impact legal remedies? How should courts balance the interests of other parties in such proceedings to ensure that constitutional rights remain intact? This seminar will involve students in a close scrutiny of gender-based violence, including sexual assault, intimate partner violence, and sex trafficking, from legal, theoretical, and sociological perspectives. It will explore the limits of the law in addressing gender-based violence and emerging non-traditional approaches, including problem-solving courts and restorative justice frameworks. It also will examine how the emergence of the #MeToo movement may influence legal responses to gender-based violence. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with this seminar. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2019: LAW JD 798 A1 , Jan 17th to Apr 18th 2019
Days Start End Credits Instructors Bldg
Thu 2:10 pm 4:10 pm 3 Julie A. Dahlstrom

3 credits

This seminar will consider the legal treatment of lesbian, gay, bisexual and transgendered citizens. In particular, the seminar will cover evolving family structures, privacy rights, the military, employment discrimination, and the tension between protecting the rights of victims of discrimination and those who discriminate. Students will write a research paper or an appellate brief and will prepare an oral presentation. Students may satisfy the upperclass writing requirement with their paper. OFFERING PATTERN: This class will not be offered in 2017/2018. Students are advised to take this into account when planning their long-term schedule. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This seminar will explore issues relating to race, gender, sexuality, and crime. How does the historical context of race and gender relations in this country impact what we criminalize, or how we enforce the law? Can thinking about race and crime help us think about gender and crime, and sexuality and crime? Are these even appropriate considerations in a "post-racial" and "sex-equal" society? To answer these and other questions, this seminar will examine various criminal law and criminal procedure issues - from racial profiling to prosecutorial discretion, from domestic violence to rape, from hate crimes to gay and trans "panic" defenses, from mass incarceration to capital punishment as well as race-based and gender-based critiques of these issues. The goal of the seminar is two-fold. One, to provide students a deeper understanding of criminal law and criminal procedure issues, putting such issues in historical context. Two, to provide students an opportunity to challenge - critically and collegially - ingrained and sometimes invalid assumptions about race, gender, sexuality, and crime. NOTE: This seminar does not satisfy the Upperclass Writing Requirement. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This seminar explores Reproductive Justice ("RJ") as a paradigm for understanding reproductive oppression -- that is, the subordination of individuals through their bodies, sexualities, and abilities to reproduce. The RJ paradigm picks up where a reproductive rights framework ends. It contends that the fight for equality and dignity in matters relating to reproduction continues beyond a successful argument that the Constitution ought to protect a "right" to privacy, "right" to access contraception, or "right" to an abortion. An RJ framework observes that "rights" are given meaning -- and lose meaning -- according to the race, class, age, sexual orientation, gender identity, immigration status, and physical and mental ability (among other attributes) of the rights bearer. As such, RJ analyzes reproductive experiences within a complex context and with respect to the multiple statuses of the persons involved. ENROLLMENT LIMIT: 15 students GRADING NOTICE: This course does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2018: LAW JD 775 A1 , Sep 4th to Dec 11th 2018
Days Start End Credits Instructors Bldg
Tue 4:20 pm 6:20 pm 3 Khiara M. Bridges

Skills-Based Courses

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Civil Litigation Program. Student in the Civil Litigation Program handle their own case loads, representing indigent clients in civil cases under the supervision of clinical faculty. Students may participate in the Program for either a full year (the Housing, Employment, Family and Disability Clinic (HEFD)) or for one semester (the Employment Rights Clinic (ERC)). Students participating in the HEFD Clinic work on cases in areas such as domestic relations, eviction defense, employment law and Social Security appeals. Students in the ERC represent clients in unemployment compensation cases, with a possibility of working on wage and hour disputes, discrimination/sexual harassment cases, and Family Medical Leave Act cases. PRE/CO-REQUISITES: Evidence. NOTE: The Civil Litigation Program counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2018: LAW JD 861 A1 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
ARR TBD TBD 3 Robert G. BurdickConstance A. Browne
FALL 2018: LAW JD 861 B1 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
ARR TBD TBD 3 Robert G. BurdickConstance A. Browne
SPRG 2019: LAW JD 861 A1 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 3 Robert G. BurdickConstance A. Browne
SPRG 2019: LAW JD 861 B2 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 3 Robert G. BurdickConstance A. Browne

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Civil Litigation Program. Pretrial Advocacy is the companion fall classroom component for students in the Civil Litigation Program HEFD and fall ERC clinics. Pretrial Advocacy is taught in groups of roughly 14 students with two clinical professors per group. Classes are devoted to learning the theories of practice for use in the field, reinforced by activities and simulations in which students practice skills through role play. NOTE: Students who enroll in this component of the clinic may count the credits towards the 6 credit Experiential Learning requirement or the Professional Responsibility requirement. It may not be used to satisfy more than one requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2018: LAW JD 973 A1 , Sep 4th to Dec 4th 2018
Days Start End Credits Instructors Bldg
Tue 4:20 pm 7:20 pm 3 Robert G. BurdickConstance A. Browne
FALL 2018: LAW JD 973 B1 , Sep 4th to Dec 4th 2018
Days Start End Credits Instructors Bldg
Tue 4:20 pm 7:20 pm 3 Robert G. BurdickConstance A. Browne

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Civil Litigation Program. Trial Advocacy is the companion spring classroom component for students in the Civil Litigation Program HEFD and spring ERC clinics. Trial Advocacy is taught in groups of roughly 14 students with two clinical professors per group. Classes are devoted to learning the theories of practice for use in the field, reinforced by activities and simulations in which students practice skills through role play. NOTE: The Civil Litigation Program counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

SPRG 2019: LAW JD 974 A1 , Jan 15th to Apr 23rd 2019
Days Start End Credits Instructors Bldg
Tue 4:20 pm 6:20 pm 3 Robert G. BurdickConstance A. Browne
SPRG 2019: LAW JD 974 B1 , Jan 15th to Apr 23rd 2019
Days Start End Credits Instructors Bldg
Tue 4:20 pm 6:20 pm 3 Robert G. BurdickConstance A. Browne

1 credits

Students enrolled in the spring section of Trusts & Estates have the option of enrolling in this one-credit Writing Supplement. Designed for students who are interested in practicing in the areas covered by the course, these one-credit supplements are taught by experienced attorneys who practice in these areas. In collaboration with the professor teaching the substantive course, the practitioner instructs students in drafting documents related to the substantive coursework. Writing sections consist of one introductory meeting and a number of follow up meetings (specific dates TBD) to discuss drafts in progress. Because enrollment is limited, you will receive substantial feedback and individualized instruction. Students enrolled in the spring section of Trusts & Estates have the option of enrolling in this one-credit Writing Supplement. Designed for students who are interested in practicing in the areas covered by the course, these one-credit supplements are taught by experienced attorneys who practice in these areas. In collaboration with the professor teaching the substantive course, the practitioner instructs students in drafting documents related to the substantive coursework. Writing sections consist of one introductory meeting and a number of follow up meetings (specific dates TBD) to discuss drafts in progress. Because enrollment is limited, you will receive substantial feedback and individualized instruction. NOTE: This course satisfies the upper-class Professional Skills requirement and counts toward the 6 credit Experiential Learning requirement.

Trusts, Wills & Estates Courses

2 credits

Principle issues of estate and gift taxation. Topics include the definition of taxable gifts and exclusions and deductions; determination of the taxable estate of a decedent including problems with lifetime transfers; valuation issues; deductions from the taxable estate with special emphasis on property passing to a spouse; and transfers with retained interests. Reference is made throughout to planning issues relating to estate and gift taxation and is designed to give both a requisite background for those intending additional study of estate planning and a comfortable familiarity with the subject for those going on to other tax fields.

FALL 2018: LAW TX 904 A1 , Sep 10th to Dec 3rd 2018
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm 2 Harry S. Miller
FALL 2018: LAW TX 904 OL , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
ARR TBD TBD 2 Miller
SPRG 2019: LAW TX 904 A1 , Jan 23rd to May 1st 2019
Days Start End Credits Instructors Bldg
Wed 4:20 pm 6:20 pm 2 Harry S. Miller
SPRG 2019: LAW TX 904 OL , Jan 22nd to May 2nd 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 2 Harry S. Miller

3 credits

This seminar will explore the theories and skills involved in the estate planning and administration process. Initial class discussions will focus on selected non-tax topics in estates, trusts, and fiduciary law, including asset protection, duties of loyalty and care, accountability to beneficiaries, and dynasty trusts. During the semester, each student will choose a research topic, give an oral presentation, and complete a substantial paper reflecting the results of the research. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who waitlist for a seminar are required to attend the first seminar meeting to be considered for enrollment.

2 credits

This course picks up the estate planning course (TX 935) leaves off. We will survey several "cutting edge" estate planning techniques-techniques that permit the transfer of large amounts of wealth at little or no gift tax or estate tax cost. We will zero in on valuation rules that apply to the estate tax and gift tax; we will discuss what to look for in appraisals; we will examine, in depth, the current status of planning involving family partnerships and LLCs; we will examine the rules that apply to GRATs, installment sales to "defective" grantor trusts, and how to structure transfers using these techniques; we will review the biases built into the actuarial valuation rules that the Internal Revenue Service requires us to apply; we will examine the effects of the UPC, the Uniform Trust Code, and will consider "decanting"; we will discuss some of the psychological aspects of estate planning including issues presented by parents' fears of making their children too wealthy too soon; and we will discuss trust design and the choice of trustees. There is no final exam but students will be required to write a 10 -- 15 page term paper. In addition there will be several quizzes throughout the semester. Prerequisite: Estate Planning and Estate and Gift Tax Recommended: Taxation of Trusts and Fiduciaries

SPRG 2019: LAW TX 934 A1 , Jan 15th to Apr 23rd 2019
Days Start End Credits Instructors Bldg
Tue 6:30 pm 8:30 pm 2 Thomas E. Peckham
SPRG 2019: LAW TX 934 OL , Jan 15th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 2 Peckham

2 credits

The course will cover international estate planning from two perspectives: (1) U.S. citizens residing outside of the U.S. or owning assets located outside of the U.S.; and (2) foreign citizens residing in the U.S. or transferring assets in or to the U.S. U.S. gift and estate tax laws applicable to both situations will be studied in depth in a practice-oriented manner. Planning techniques and vehicles utilized in international estate planning will be explored, in particular trusts and the special U.S. income tax rules applicable to foreign trusts with U.S. beneficiaries and off-shore U.S.-grantor trusts. The impact of non-U.S. transfer taxes and tax treaties will be considered, as well as non-tax foreign laws impacting on international estate planning. The course will also cover the U.S. tax and estate planning issues applicable to "mixed marriages" where one spouse is a U.S. citizen and the other is a non-U.S. citizen, and multi-jurisdiction situations of gifts or bequests from non-U.S. donors or decedents to U.S. beneficiaries. Finally, the course will also consider cultural and ethical issues peculiar to the area of international estate planning. Prerequisite or corequisite: Estate and Gift Tax, Estate Planning

SPRG 2019: LAW TX 958 A1 , Jan 16th to Apr 24th 2019
Days Start End Credits Instructors Bldg
Wed 6:30 pm 8:30 pm 2 Harry S. Miller
SPRG 2019: LAW TX 958 OL , Jan 14th to Jan 25th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 2 Harry S. Miller

4 credits

The income tax is a pervasive feature of life in the United States and lawyers encounter tax issues in virtually every field of practice. This course introduces students to the fundamental principles of the federal income tax, and its impact on a wide range of matters, including employment, tort claims, divorce, retirement, and especially business activities and investments of all types. Topics include: the concept of income, determination of gross income, allowance of deductions and the determination of taxable income, identification of the taxpayer, taxable periods and timing, the determination of gain or loss (including realization and recognition) from dealings in property, the concept of income tax basis, and the process of change in the tax law. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2018: LAW JD 889 A1 , Sep 5th to Dec 5th 2018
Days Start End Credits Instructors Bldg
Tue,Thu 10:40 am 12:40 pm 4 Alan L. Feld
SPRG 2019: LAW JD 889 S1 , Jan 15th to Apr 23rd 2019
Days Start End Credits Instructors Bldg
Tue,Thu 9:00 am 10:30 am 4 Theodore S. Sims
Fri 9:00 am 10:20 am 4 Theodore S. Sims

2 credits

Charitable gift planning has long been a crucial component in wealth management and estate planning. It remains an important factor in the "tool box" of estate and tax professionals. While humanitarian commitments remain the primary motivating force behind private philanthropy, the tax benefits associated with charitable strategies and techniques have assumed greater importance as our system of taxation has grown increasingly complex. This course will examine the federal tax implications (income tax, gift tax, estate and generation skipping transfer tax, and capital gains tax) of key strategies associated with charitable gift planning for incorporation into the overall estate plan. Topics covered will include types of charitable entities, requirements of a charitable gift, charitable alternatives (private foundations, donor advised funds and supporting organizations), split interest transfers (charitable remainder and lead trusts), bargain sales, gifts of complex assets, and testamentary transfers. Case studies will be used to illustrate optimal intervivos and testamentary planning for creating flexibility while avoiding pitfalls. None. Recommended: Federal Income Taxation I, Federal Income Taxation II and Estate and Gift Taxation.

SPRG 2019: LAW TX 950 A1 , Jan 15th to Apr 23rd 2019
Days Start End Credits Instructors Bldg
Thu 6:30 pm 8:30 pm 2 Jeremiah W. Doyle
SPRG 2019: LAW TX 950 OL , Jan 15th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 2 Doyle

2 credits

Income tax consequences arising upon the death of a decedent and special income tax treatments of estates, trusts, and fiduciaries. Topics include determination of gross income and allocation between the decedent and the estate or trust; special problems with income in respect of a decedent; separate and conduit taxation of estates and trusts; allocation of tax attributes between an estate or trust and its beneficiaries; grantor trust rules, and other topics. Prerequisite: Federal Income Taxation I.

SPRG 2019: LAW TX 937 A1 , Jan 17th to Apr 18th 2019
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm 2 Jeremiah W. Doyle
SPRG 2019: LAW TX 937 OL , Jan 15th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 2 Jeremiah W. Doyle