Course Catalog

This seminar will explore scholarly literature covering a range of issues in the law of American federalism. We will study both theoretical material relating to the design of federal systems and specific issues relating to the allocation of power between the federal government and the states in this country. We will attempt to develop a sophisticated understanding of the merits and demerits of different approaches toward dividing power between the federal and state governments and to apply insights from the relevant theoretical literature to specific doctrinal problems.

• Type: Seminar

Students enrolled in this course will work on a major policy reform and its implementation with the highest policy organ of the Government of India. The policy reform could be climate change, women’s empowerment, financial inclusion, or another topic. Concurrent enrollment in the Law & Economic Development in India: Behavioral Approaches & Policy Implementation seminar is required.

• Type: Seminar

This will for the most part be a traditional course in legal ethics and professional responsibility. We will focus on the ABA Model Rules of Professional Conduct, along with other sources of law governing lawyers. Our primary aim will be to identify and analyze ethical issues that arise in the practice of law, including: confidentiality, competence, conflicts of interest, lawyer advertising, multi-jurisdictional practice, litigation ethics, negotiation ethics, and issues arising in the representation of entities. In the process, we will also consider broader questions about what sort of lawyers we want to be and how that might fit into our lives. Those broader questions, valuable for their own sake, will also help us think more clearly about the pragmatic principles and rules we need to know as we prepare to practice law.

• Type: Upper Class

In this practice simulation course, law students will work with a hypothetical liability event involving autonomous vehicles. Students will work in teams to analyze the event from the perspective of one of several involved parties (such as, for example, a driver, the OEM, the insurance companies, a parts supplier). Students will apply the existing legal and regulatory framework to the scenario to understand how that framework will impact specific parties at various stages of a legal proceeding. Students will also learn legal and regulatory subject matter related to autonomous vehicles, gain an understanding of the perspectives of various parties involved in autonomous vehicle development and deployment, and formulate and suggest changes that could be made to the industry or legal or regulatory framework in order to facilitate the broad deployment of autonomous vehicles. Students will generate written and/or oral work product as required by the relevant stages of the hypothetical legal and/or regulatory proceedings.

• Type: Practice Simulation

Legal Practice Skills II, a full-semester course, continues the skills- and client-based focus of the first-semester Legal Practice courses. Among other things, one goal of LP Skills II is shifting students into the role of an advocate. As was the case in the first semester, the timing and range of specific skills covered in the course differs from professor to professor. For example, students may develop skills in advocacy and persuasive argument through instruction in pre-trial procedures, pleadings, and drafting pre-trial motions. They then have one or more chances to argue on behalf of a client before a judge or panel of judges. Students may also be introduced to transactional practice and skills, such as learning how to negotiate with other parties in a transactional setting followed by drafting agreements to memorialize the results of those negotiations. As the course progresses, students are repeatedly reminded of how their professional and ethical obligations affect the choices they make when representing clients. Students receive frequent guidance on their assignments via formative feedback from their professors, as well as numerous opportunities for student-driven self-evaluation.

• Type: First Year Required

This course will help forward-looking law students become familiar with the wide variety of technologies used in and changing the practice of law today and understand the expectations clients, firms, law departments, and other legal organizations have about the technological literacy required for future legal leaders. Law firms face pressure from clients to innovate, embrace technology, and deliver greater value. Corporate legal departments are investing in technology and legal operations, engaging alternative legal service providers, and increasing their capabilities to deliver legal services internally. At the same time, technology used by non-traditional legal businesses is changing and automating tasks previously performed by lawyers. It is a time of challenge and opportunity, often described by the term “NewLaw.” This course will focus on the major legal technology concepts and approaches that lawyers currently face in the practice of law and will increasingly need to understand thrive in the new era of legal services. It is NOT a class that will train students on the use of specific technologies or require a technology background. After establishing a foundation of legal-service delivery knowledge, we will focus on innovation and technology tools, from basics to the newest and most advanced technologies being used in the practice of law. We will explore how lawyers engage in substantive practice with these tools, what clients want their lawyers to know about technology, and how technology and innovation hold great promise for increasing access to legal services. We will cover the ethical requirement of technology competency and then move forward into technology literacy and the role technology literacy will play in shaping the leaders in the legal profession. Students will complete two major papers of the topic of their choice (a first draft and then a final version) and a short class presentation. Upon completing this course, students will have the understanding, knowledge, and skills to actively participate in technology and innovation initiatives and become leaders in law firms, legal departments, legal organizations, and the legal profession.

• Type: Practice Simulation

In the modern regulatory state, the rules that most profoundly shape private conduct come not from the common law but, instead, from legislatures and agencies. This class will explore the lawmaking function of these institutions and the virtues and vices of administrative governance. Among other things, the class will cover: the nature of the legislative process; statutory interpretation; the justifications for regulatory intervention; regulatory tools and strategies; the allocation of authority between legislatures and agencies; the varied forms of agency decision-making; and judicial review of agency decisions. In offering a survey of public law, the course will introduce students to the essentials of both statutory interpretation and administrative law.

• Type: Upper Class

Students in the Low-Income Taxpayer Clinic (LITC) represent individuals with federal and state tax controversies through administrative advocacy and litigation in the United States Tax Court. Students can expect to gain exposure to a broad range of tax problems, both substantive and procedural, that will be valuable when working with clients of any income level in the future. Students also work with community organizations to provide information about tax issues and taxpayer rights and responsibilities to individuals who speak English as a second language.
The LITC is a 7 credit course and meets the New York Pro-Bono requirement. Students must enroll in the 4 credit clinic and the 3 credit seminar, taken concurrently. The 4 credit clinic and 3 credit seminar are mandatory graded and ineligible for letter grade conversion to pass (“P”) election.
The Clinic fulfills the Law School’s professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement.
The Clinic fulfills the Statutory or Regulatory Course Distribution Requirement for graduation applicable to JD students who matriculated in May 2016 and thereafter.

• Type: Clinic

Students in the Low-Income Taxpayer Clinic (LITC) represent individuals with federal and state tax controversies through administrative advocacy and litigation in the United States Tax Court. Students can expect to gain exposure to a broad range of tax problems, both substantive and procedural, that will be valuable when working with clients of any income level in the future. Students also work with community organizations to provide information about tax issues and taxpayer rights and responsibilities to individuals who speak English as a second language.
The LITC is a 7 credit course and meets the New York Pro-Bono requirement. Students must enroll in the 4 credit clinic and the 3 credit seminar, taken concurrently. The 4 credit clinic and 3 credit seminar are mandatory graded and ineligible for letter grade conversion to pass (“P”) election.
The Clinic fulfills the Law School’s professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement.
The Clinic fulfills the Statutory or Regulatory Course Distribution Requirement for graduation applicable to JD students who matriculated in May 2016 and thereafter.

• Type: Clinic

This course explores the development of the Civilian legal tradition — one of the world’s major legal traditions today — with a particular focus on its early history and its later uses in early modern and modern contexts. Working with a reverse chronology, the first third of the course analyses how the Civil Law tradition was shaped and molded by European lawyers and jurists during the ‘long’ nineteenth century. We then move back in time to survey the roles played by arguments from Roman civil law in early modern colonial expansion, with a specific focus on the establishment of Spanish and Portuguese rule in the Americas. In the second half of the course we move back in time again in order to analyze the making of Roman law itself, providing an overview of fundamental Roman legal concepts and critically questioning the extent to which the Civil Law tradition — which we examined in the first half of the course — was built upon ancient Roman legal ideas and sources. Through lectures, as well as discussion of key primary sources and secondary materials, the course will introduce the following key topics: the sources and methods of the (Roman) Civil law tradition, including case law, equity and the role played by legal experts (‘jurists’) in scientific legal development; the rise of codes, codification and the interpretation of statute law; the distinction between private and public law; the concept of jurisdiction; how legal concepts such as contracts, torts etc. change and develop through time; and the uses to which Roman legal arguments have been put in order to justify colonial conquest, both ancient and modern. No prior study of history or the civilian legal tradition is required.

• Type: Upper Class

Managing Crisis: Strategies and Tactics for Corporate Distress and Restructuring
Welcome to what many in business consider the Wild West: the world of Corporate Distress and Restructuring. Attorneys, bankers, and consultants of all sorts find themselves representing one of the many stakeholders in a corporate restructuring. They can act as advisor to a landlord (for example, Simon Property Group) who has a tenant (such as, J. Crew) that files for chapter 11. They can be counsel to a lender (for example, Citibank) that has a troubled loan extended to a distressed borrower (such as, well, anyone in chapter 11 — and many who are not). They can work as turnaround consultants to a company working through strategic options to survive an existential challenge, which can be related to business-model dynamics, compliance issues with debt documents, product litigation, and more.
This new course provides a framework for understanding how these distress situations play out in our legal system. We will examine the types of transactions and strategies implemented, including liability-management transactions (i.e., maturity extensions and/or distressed debt exchanges), distressed M&A, vulture investing, operational turnarounds, and more. Our goal is to understand the world of Distress and Corporate Restructuring, a subsector in our financial and legal system that is poised for very busy times in the upcoming years due to the current interest-rate dynamics and near-term economic outlook.
The course will meet weekly to discuss assigned reading and case studies. To enhance learning and keep focused on practical realities, there will be frequent guest presentations from nationally recognized experts, who include lawyers in private practice, investment bankers, consultants, business executives, and others. They will present their own case studies drawing on their own experiences in real world situations.
The basic bankruptcy course is not a prerequisite, but certainly lends itself to this course for those interested in a deeper dive into the world of Corporate Distress and Restructuring. Rest assured, bankruptcy newcomers are most welcome and equally positioned for success. We will cover a series of advanced topics in corporate restructuring across a broad array of disciplines ranging from investment banking to turnaround consulting, from legal strategy to hedge-fund investing. Upon completion of this course, students will be versed in the general dynamics, relevant lingo, and current-event issues in the world of corporate restructurings. They will also be well-positioned to apply the lessons learned to practical, real-world situations.

• Type: Upper Class

The Public Defender Training Institute is an intensive immersion into the world of indigent defense designed to train aspiring public defenders. This second half of the course is only open to students who have enrolled in and completed participation in Part I. In this second semester, students learn about plea bargaining, evidence, motions practice, jury selection, and trial advocacy (openings, direct examinations, cross examinations, closings, and sentencing hearings).

• Type: Practice Simulation

Instructor: Professor Debra A. Pinals, M.D.
Course Summary: In this course, students will become oriented to common crossroads where law and psychiatry intersect. The course will begin with an overview of mental illness, substance use disorders, and intellectual and developmental disabilities from legal and clinical perspectives. A review of case law and legislation pertaining to civil commitment, the right to treatment, the right to refuse treatment, and guardianship will help students gain an understanding of the legal regulation of psychiatric practice. Risk assessment, confidentiality and the duty to protect third parties and related tort claims will be covered. Students will explore mental health assessments and expert witness testimony pertaining to criminal law in areas such as competence to stand trial, competence to proceed pro se, criminal responsibility, and sex offenders. Finally, students will have an opportunity to learn about public systems attempt to address mental health treatment needs in psychiatric hospitals, jails and prisons and other venues such as treatment courts and other models have been developed to limit the redirect individuals with mental illness and substance use disorders from incarceration. The course will provide a forum to review federal legislation, government agencies, and litigation and how they come together to help shape services in public systems. The course will rely on assigned readings, short lectures, video material, and classroom prompts to stimulate discussion. There will be at least one field trip as part of the course. Short written or activity-related assignments, classroom participation and a final brief paper will be the basis for final grades.

• Type: Seminar

This course explores the legal and business aspects of corporate mergers and acquisitions, with consideration of corporate takeovers more generally (including proxy fights). The course emphasizes the practical “nuts-and-bolts” of these transactions with respect to both public companies and private companies, as well as from the perspectives of both buyers and sellers. The ultimate objective is to prepare students for deal work by unpacking the jargon and educating them on fundamental transactional inputs, the deal process itself, and the common points of friction and negotiation between the parties.

• Type: Upper Class

Founded in 2009, the Michigan Innocence Clinic was the first innocence clinic in the country to focus exclusively on non-DNA cases. In the MIC’s fifteen-year history, it has achieved victories in 42 cases on behalf of clients who had been wrongfully convicted of crimes they did not commit.
Students registered in the MIC investigate and litigate cases on behalf of incarcerated people who are actually innocent of the crimes for which they have been convicted. Students work on all aspects of the cases, including researching claims of innocence and the law pertaining to them, investigating new evidence, writing and editing court briefs and motions, and participating in courtroom activities when there are hearings scheduled in their cases. The clinic also features a seminar component, where students explore in class the legal and policy issues underlying wrongful convictions. There are no exams or papers; students are graded on their preparedness and contribution to class, various in-class exercises, the progress they make in their cases, and the quality of their case-related work product.
The MIC’s docket spans both state and federal courts and is quite diverse and novel. No two cases are the same, and non-DNA innocence litigation continues to be a fascinating challenge within the field of criminal litigation. Students work with supervising attorneys to craft legal strategies and explore evidentiary and procedural avenues for obtaining relief?many of which have been expanded in recent years due to the work of the MIC and other such organizations. Students interested in criminal law/procedure, appellate practice, brief writing, public interest work, innocence litigation, or courtroom advocacy would be especially suitable for the MIC. That said, there are no specific prerequisites (outside of the regular first-year courses), and no prior specialized knowledge of criminal defense or innocence litigation is required or expected.
* Clinic spans fall and winter semesters of one academic year. Students may register during winter of 1L or 2L year for enrollment during 2L or 3L year, respectively.

• Type: Clinic

Founded in 2009, the Michigan Innocence Clinic was the first innocence clinic in the country to focus exclusively on non-DNA cases. In the MIC’s fifteen-year history, it has achieved victories in 42 cases on behalf of clients who had been wrongfully convicted of crimes they did not commit.
Students registered in the MIC investigate and litigate cases on behalf of incarcerated people who are actually innocent of the crimes for which they have been convicted. Students work on all aspects of the cases, including researching claims of innocence and the law pertaining to them, investigating new evidence, writing and editing court briefs and motions, and participating in courtroom activities when there are hearings scheduled in their cases. The clinic also features a seminar component, where students explore in class the legal and policy issues underlying wrongful convictions. There are no exams or papers; students are graded on their preparedness and contribution to class, various in-class exercises, the progress they make in their cases, and the quality of their case-related work product.
The MIC’s docket spans both state and federal courts and is quite diverse and novel. No two cases are the same, and non-DNA innocence litigation continues to be a fascinating challenge within the field of criminal litigation. Students work with supervising attorneys to craft legal strategies and explore evidentiary and procedural avenues for obtaining relief?many of which have been expanded in recent years due to the work of the MIC and other such organizations. Students interested in criminal law/procedure, appellate practice, brief writing, public interest work, innocence litigation, or courtroom advocacy would be especially suitable for the MIC. That said, there are no specific prerequisites (outside of the regular first-year courses), and no prior specialized knowledge of criminal defense or innocence litigation is required or expected.
* Clinic spans fall and winter semesters of one academic year. Students may register during winter of 1L or 2L year for enrollment during 2L or 3L year, respectively.

• Type: Clinic

Course description depends on the mini-seminar topic. https://michigan.law.umich.edu/resource-center/mini-seminars

• Type: Mini-Seminar