Upper-Level 6 - College of Law

794: Regulation of Brokers-Dealers & Futures Commission Merchants

This course compares how stock and derivatives brokerage firms are regulated. It will provide an excellent overview and introduction to the various securities and derivatives laws enacted by Congress and the regulations promulgated by the SEC and the CFTC that apply to brokerage firms and how these laws and regulations are similar and how they are different. It will also examine the various litigation and enforcement actions taken against brokerage firms and the various trade practices that apply to brokerage firms.

Sequence and Prerequisites: None

Evaluation: There will be no final exam but each student will be required to submit a final paper on a subject/topic agreed upon.

794: Bankruptcy Seminar

Hear about the issues that are on the minds of leading practitioners, judges, trustees, journalists, academics, and other leaders in the bankruptcy profession. We will cover topics on large corporate restructurings, small business bankruptcies, and individual bankruptcies. After an introductory class the first week, each week we then will be joined by at least one guest who I have invited to talk with us about a topic or issue that is “on their desk right now.” I will ask the guest for suggested readings to help prepare us for the conversation.

Sequence and Prerequisites: A basic understanding of bankruptcy law will be assumed such that completion of Bankruptcy or Secured Transactions is strongly recommended, although not required.

Evaluation: Course evaluation will be based on the required coursework: attendance and participation during the seminar, participation on the online discussion board, and reaction papers to the our guests’ presentations.

794: Bankruptcy Procedure

This course is devoted to study of the unique procedural issues surrounding federal bankruptcy proceedings and their interplay with the law of civil procedure, federal jurisdiction, federal courts, and complex litigation. Topics covered include the history and structure of the federal bankruptcy court system, including the allocation of judicial power between state courts, specialized federal bankruptcy courts, and federal courts of general jurisdiction; the jurisdictional reach (both subject matter and personal jurisdiction) of federal bankruptcy proceedings and the venue and transfer of those proceedings; conduct of litigation in the bankruptcy courts, including the nature of adversary proceedings and contested matters; the injunctive and contempt powers of bankruptcy courts; procedural due process; state sovereign immunity; jury trials; appeals; alternative dispute resolution; multinational insolvency proceedings; and the use of complex procedural devices, such as class actions, in conjunction with bankruptcy proceedings; and bankruptcy proceedings as a mass litigation management tool. Classes will consist of lecture and discussion.

Note: This course is not offered every academic year. Typically, it is offered on only a biennial basis (once every two years).

Sequence and Prerequisites: Previous completion of or concurrent enrollment in the introductory Bankruptcy course is the only pre/co-requisite.

Evaluation: Grading will be based on a combination of attendance, classroom participation, and a comprehensive final examination.

694: Advanced Trial Advocacy: Business Litigation

Corporate entities often resolve disputes through the litigation process. This course is designed to introduce students to the uniqueness of business litigation and to prepare them to represent corporate clients in litigation. It is taught by practicing business litigation attorneys. Students will be trained to litigate civil business litigation cases from the inception of a case through trial. The pre-trial phase of the case will focus on case development. Students will draft and argue motions to dismiss, draft written discovery, depose and defend witnesses, depose and defend expert witness, argue motions to strike/limit expert witnesses (Daubert challenges), argue punitive damage motions, and participate in a mediation. Students will develop advanced persuasion techniques, examination techniques, and advocacy skills, and learn about ethics in the legal profession and business litigation. At the end of the course, students will prepare for, and try, a final jury trial.

Sequence and Prerequisites: Both Evidence (Law 682) and Trial Advocacy (Law 694) must have been taken prior to this course.

Evaluation: This is a three-hour graded course. Grades will be based on written assignment, in-class courtroom performance exercises, participation, and performance in the final mock trial. While students will try their cases with a partner, each student will be graded individually. Students will have an opportunity to meet their classmates during the first-class meeting before partners are selected.

Course Classification: Experiential

793: Alternative Dispute Resolution in the Workplace

In this course, we will explore workplace conflict and compare the types of alternative dispute resolution (ADR) procedures that are used in both union and non-union workplaces, such as negotiation, mediation, and arbitration. In recent years many employers have opted to provide their employees with options to resolve conflicts in the workplace. The students will learn about the theoretical basis, legal framework, and practical operation of each ADR process.

The course will consist of lectures, discussions, and simulation exercises. Simulation exercises will provide an opportunity to participate in ADR. The course will require active participation and attendance throughout the semester.

Sequence and Prerequisite: Some background and knowledge of employment or labor law is useful but not required.

Evaluation: The course will consist of lectures, discussions, and simulation exercises. Simulation exercises will provide an opportunity to participate in ADR. The course will require active participation and attendance throughout the semester. In addition to the required reading, there will be an examination and a final simulation exercise.

Course Classification: Experiential

797: AI and the Law

Increasingly, the world is seeing a rise in many applications of enhanced computing and predictive capabilities. Lawyers need to be at the forefront of this revolution. This course examines a broad range of legal and policy challenges posed by artificial intelligence (AI), machine learning and other emergent technologies.

Through assigned readings, weekly discussion, and engagement with experts, students will explore the many promises and perils of AI. Students will engage with AI scholars and lawyers as the class explores issues raised by the intersection of algorithms and law on privacy and surveillance, ethics, and national security, bias and discrimination, and the implications for courts, agency oversight, lawyers, and society.

Sequence and Prerequisites: None. No prior scientific background is required; merely a willingness to learn.

Evaluation: 1) Participation, 2) Three Critical Analyses. The bulk of your grade will consist of your performance on three 5-page critical analyses., 3) Most weeks you do not have a Critical Analysis due (~10 weeks), you will be required to submit a 700-900 word critical analysis (around one page) related to the readings for the week.

694: Trial Team

Trial Team is a graded experiential trial advocacy course conducted in the fall (three hours) and spring (three hours) semesters for a total of six credit hours. Enrollment is by audition only. Per ABA Standard 310, in order to earn three credit hours per semester, each student must account for 135 hours of time. Eligibility for the Trial Team requires the prerequisites or co-requisites of three College of Law courses: Trial Advocacy, Evidence, and Professional Responsibility in Advocacy

Students who accept the invitation to join Trial Team will undergo rigorous training with a practitioner coach and periodic bonus critiques from College of Law faculty, Illinois alumni, and additional seasoned practicing attorney volunteers as competition weekends approach. Students enrolled in the course will also be required to attend a six-day trial immersive experience (held in-person at the College of Law) prior to the beginning of the fall semester taught by College of Law faculty and practicing attorneys. The Anderson Center for Advocacy and Professionalism will also provide additional workshops and programs to help with overall development as well as individual optimization.

Trial Team competitions provide hands-on experiential training for future lawyers. It also offers student development in prevailing over practical challenges that lawyers typically face in a modern legal practice. In addition to polishing their basic advocacy skills, team members learn to analyze and master a case file, navigate a courtroom environment, neutralize hostile or aggressive witnesses, and effectively employ the laws of evidence.

Each Trial Team participates in two interscholastic tournaments each academic year at both the national and regional level. Trial Team members try at least one case during each semester of membership and, in doing so, they transfer knowledge gained in the classroom domain into firsthand practical experiences in the courtroom. Moreover, members have exceptional opportunities at trial advocacy tournaments to make valuable networking connections within the legal community with sitting judges, practicing attorneys, and peers from law schools across the country.

Students are selected for the Trial Team through an audition process which is traditionally held in May following final exams.

Course Sequence/Corequisite/Prerequisites: Eligibility for the Trial Team requires the prerequisites or co-requisites of three College of Law courses: Evidence (Fall), Trial Advocacy (Fall), Professionalism in Advocacy (Spring).

Evaluation: Trial Team is a three-hour graded course. Grades will be based on participation and performance in the trial advocacy immersive held before the fall semester, completion of either a written or verbal preparation assignment prior to a competition, performance in a final mock trial before the Advocacy Director prior to the competition trial, and finally based on performance in the trial competition participation, inclusive of professionalism throughout the semester.

Course Classification: Experiential

694: Trial Advocacy

In this course, students develop the skills needed for success as trial lawyers in a “learning by doing” environment. Students will tackle real world challenges through experiential learning to gain the skills they need to succeed in today’s competitive legal environment – no matter what paths they choose to follow – non-profit, public sector, or firm practice. The course will feature both civil and criminal cases and will highlight the trial process from start to finish, focusing on the fundamental skills of direct and cross-examination, presentation of evidence at trial, evidentiary objections and responses, expert testimony, jury selection, opening statements and closing arguments, and the use of courtroom and other litigation technology.

This course meets twice a week and allows students to engage with both internal and external instructors, giving them unparalleled opportunities to learn from a variety of experienced attorneys. Customarily, each week a trial advocacy topic will be introduced in a large group session and demonstrated by College of Law faculty. A second small group session will follow the next week and consist of a hands-on 2.5-hour practical exercise workshop limited to 12 participants in each small group. This scheduling methodology allows ample time for students to process and master each topic before being called on to practice it in their small group meetings.

While the primary focus of the Trial Advocacy curriculum is to prepare students for a career in litigation, the program also conveys significant benefits to students interested in a transactional or other non-litigation practice. Through the Trial Advocacy curriculum, students will gain exposure to the key elements of a legal career in any field, including ethics and professional responsibility, analytical and critical thinking skills, communication and presentation skills, and norms for interaction with clients and other stakeholders.

Prerequisite/Corequisite Course: Evidence (Law 682) must have already been taken (prerequisite) or can be taken at the same time (corequisite).

Evaluation: This is a four-hour graded course. Grades will be based on written assignments, in-class courtroom performance exercises, participation, and performance in the final mock trial. While students will try their cases with a partner, each student will be graded individually. Students will have an opportunity to select their partners for their final trials.

Course Classification: Experiential

792: Lawyers as Leaders

Lawyers commonly take on leadership roles. For example, more than half of all U.S. Presidents were lawyers. Today, leadership is a core competency for any lawyer, regardless of whether they are in a formal leadership position. This course is designed to help provide a foundation to help prepare students for leadership roles, and to embrace this special requirement of our profession. It will provide students with an understanding of the fundamentals of leadership, explore different types of leadership styles and the key differences between them, and allow students to develop their own leadership skills. This course will also focus on the role of articulating purpose, vision and storytelling in order to be an effective transformational leader. The course will be offered on a pass/fail basis.

Sequence and Prerequisites: None

Evaluation: Paper. Pass/fail course.

794: International Bankruptcy

This course focuses on how different countries and regions deal with the increasingly complex problems of distressed multi-national companies. Topics range from the different approaches to insolvencies across the US and Canada, Latin America, western Europe, Japan and China, to managing cross-border cases, recognition by US courts of foreign insolvency proceedings, and the use of US Chapter 11 by foreign companies.

The course will be presented online by distinguished lecturers from around the world. After the lecture we will continue for an additional 30 minute discussion that will briefly discuss the evening’s topic, and preview the most important areas of focus for the next week’s session.

The required reading for each session includes one or more questions that illustrate particular subjects covered in the material. Each week, one of the participating schools is called upon to answer these questions during the lectures. However, for grading purposes you will be expected to prepare answers every week.

Sequence and Prerequisites: None.

Evaluation: Grading will be based on a 25-page paper.