Martin Brook focuses his practice on representation of employers before state and federal courts and administrative agencies and advising employers on litigation avoidance and positive employee relations. Additionally, Martin’s practice regularly involves representing and advising employers regarding payroll compliance issues which include, for example, wage garnishments, voluntary wage assignments, other wage attachments as well as electronic pay and tax protestors issues.
Martin has developed business-minded solutions for complex employment challenges with the aim of risk management and litigation avoidance. He developed, implemented and/or managed various labor relations programs and human resources programs. This includes voluntary and involuntary reduction-in-force programs, employment-related due diligence, contract negotiations and grievance administration, responses to multiple union organizing campaigns, internal wage and hour audits, user and provider co-employment and independent contractor issues, OFCCP compliance programs and audit responses, in-bound and out-bound restrictive covenant matters, payroll and attachment/garnishment compliance programs and employment policies and procedures and training programs.
LAW 531IINTRODUCTION TO LAW & LAWYERING PROCESSES FOR LL.M. INTERNATIONAL STUDENTSCredits: 1-3
Introduction to legal reasoning; case analysis and synthesis; case research; structure and style in legal writing with emphasis on expository writing, including office memoranda
LAW 8501Contracts ICredits: 3
Formation and performance of simple contracts; consideration; express and constructive conditions, excuse of conditions; remedies for breach; contracts for benefit of third parties; assignment; impossibility of performance and discharge.
LAW 8502Contracts IICredits: 3
LAW 8511TortsCredits: 3
Wrongs to the person and to property; legal remedies through which compensation or other relief may be obtained.
LAW 8513Defamation, Privacy, Relational & Emotional TortsCredits: 2-3
A focus on word torts, emotional injuries, and torts stemming from relational duties of care. Defamation topics covered will include private and public official and public figure plaintiffs, as well as tactical aspects of defamation actions and privileges. Privacy torts explored will be false light, public disclosure of private facts, intrusion and seclusion, and appropriation of name or likeness. The majority of the course will involve coverage of special or limited duties of care arising from contractual or professional relationships (such as medical and legal malpractice), landowner liability, sexual harassment in employment, familial and governmental immunities, prenatal injuries, negligent infliction of emotional distress, as well as theories of vicarious liability for the torts of others.
LAW 8521Civil Procedure ICredits: 3
Pleading; joinder of parties and claims; pre-trial motions; discovery; summary judgment; pre-trial and trial procedure; post trial motions.
LAW 8522Civil Procedure IICredits: 2-3
Court systems; personal jurisdiction and venue; federal jurisdiction; choice of law; preclusion; appellate procedure
LAW 8522DDiscovery Practice in Civil LitigationCredits: 1-2
This course focuses on the various discovery techniques which are commonly used in federal civil practice, and also compares state procedures. General topics include the uses of discovery, informal discovery, building the discovery plan, ethical issues, privileges and protections, the discovery tools, electronic discovery, experts, motions to compel discovery, and sanctions.
LAW 8522EElectronic DiscoveryCredits: 1-2
Discovery practice and laws related to electronically stored information in litigation.
Prerequisites: Civil Procedure I & II.
LAW 8522LCivil Procedure Skills LabCredits: 1-3
Students are trained in practical skills necessary for pre-trial litigation, including client interviewing and drafting pre-trial documents such as pleadings.
Prerequisites:LAW 8521 (or co-requisite).
LAW 8531Lawyering Skills ICredits: 3
Introduction to legal reasoning; case analysis and synthesis; case research; structure and style in legal writing with emphasis on expository writing, including office memoranda.
LAW 8532Lawyering Skills IICredits: 2-3
Introduction to advocacy; introduction to interviewing, counseling and negotiation; statutory and computerized research; writing to and on behalf of a client, including a trial or appellate brief; oral advocacy.
LAW 8532FIntro to Law & Lawyering Processes II-Family LawCredits: 2-3
Introduction to advocacy; introduction to interviewing, counseling, & negotiation; statutory & computerized research; writing to and on behalf of a client, including a trial or appellate brief; oral advocacy. Problems and exercises will be drawn from family and child law.
LAW 8532IIntroduction to American Legal SkillsCredits: 2-3
Introduction to oral and written advocacy; interviewing, counseling and negotiation; and alternative dispute resolution.
Prerequisites: LL.M. students.
LAW 8532RAmerican Legal ResearchCredit: 1
Introduction to research resources in the U.S. and techniques to systematically process and solve basic research problems found in law practice.
LAW 8541Property ICredits: 3
Introduction to the nature of property; basic personal property law; adverse possession; possessory estates; basic future interests; marital and concurrent interests; landlord-tenant relationships.
LAW 8542Property IICredits: 3
Licenses, easements, real covenants, equitable servitudes; nuisances; basic water law; brokerage; financing, mortgages, deeds of trust; contract of sale, deeds, closing; title insurance, warranties; recording; eminent domain; zoning.
LAW 8552Federal TaxationCredits: 3
Theory, history, and principles of federal income taxation; basic concepts of income, classification of income and deductions.
LAW 8590Special TopicsCredits: 1-6
The study of a contemporary topic of interest. This course is designed to facilitate one of two purposes: an initial offering of a new course (prior to formal approval) or an initial and possible only offering of new topics.
LAW 8601Business OrganizationsCredits: 3
Partnership, limited liability company and corporation law; choice of business forms, formation of partnerships, limited liability companies and corporations; rights, duties, and powers of partners, members, shareholders, directors, and officers; closely held corporations; proxy regulation; derivative suites; dividends and stock redemptions; introduction to the Securities Act of 1933 and Securities Exchange Act of 1934.
LAW 8601CInternational Criminal TribunalsCredit: 1
This course will examine the types of international criminal tribunals available for the prosecution of individuals accused of war crimes, the crime of aggression, crimes against humanity, and genocide. The course will begin with an introduction to the history of international criminal law and a comparative examination of various international criminal tribunals, including the Nuremberg trials, ad hoc criminal tribunals (ICTY and ICTR), the permanent International Criminal Court in The Hague, and hybrid criminal tribunals (Cambodia, Lebanon, and Sierra Leone). The course will then focus more specifically on the International Criminal Court (ICC), including the ICC’s formation and jurisdiction and examples of individuals and situations investigated and prosecuted thus far by the court.
Prerequisites: Part of the Ireland Law Program.
LAW 8601LTransactional Lawyering Skills LabCredits: 1-2
Students are trained in counseling clients and negotiating business formation, dissolution, and liability issues as well as drafting appropriate documents.
LAW 8601RDoing Business In Ireland, Part ICredit: 1
A survey of International Trade Law and European and American Competition Law that impact on American multinational companies operating in the Republic of Ireland.
LAW 8601SDoing Business in Ireland, Part IICredits: 0.5
A survey of the Ireland Company Law and comparative United States Corporate Law and a survey of United States corporate taxation of multinational companies operating in Ireland.
LAW 8601TIntroduction to International TradeCredit: 1
The course will examine the structure and workings of the major global trade regimes, including the World Trade Organization ("WTO") and the North American Free Trade Agreement (the "NAFTA") The role of international trade in such areas as the environment, labor rights, national security, the developing world, and non-market economies will also be considered. The course will also focus in depth on United States domestic trade remedies, including antidumping, countervailing duties, section 301 and 337 actions as well as on other international trade restricting practices.
LAW 8601WComparative War Crimes TribunalsCredit: 1
The course will discuss the need for war crimes tribunals, evaluate historical models for tribunals (including the Nuremberg trials and the International Military Tribunal for the Far East), and then examine and compare domestic and international tribunals, including military courts-martial systems, military commissions, ad-hoc tribunals such as the ICTY and ICR, hybrid tribunals, issues of was crimes tribunals, including sovereignty, effectiveness, complementarity, jurisdiction, and the problem of victor's justice.
LAW 8602International Field ExperienceCredits: 1-2
In connection with relevant coursework, this limited international field experience will permit students to visit a foreign country to see the application of their coursework in a comparative perspective, including tours of legal facilities, visits with experts from the host country, and service learning opportunities.
Prerequisites: Permission of instructor and designated accompanying coursework.
LAW 8603Taxation Of Business OrganizationCredits: 2-3
Survey course of the taxation of business enterprises, particularly partnerships, corporations and subchapter S corporations.
Prerequisites:LAW 8552, LAW 8601.
LAW 8605Antitrust And Fair Competition LawCredits: 2-3
This course examines fair competition law as a body of law designed to protect consumers. Understanding fair competition law requires looking at Supreme Court case law but also lower court decisions, economic analysis, and government enforcement guidelines and policy statements.
LAW 8609Ethical Issues In Family Law RepresentationCredits: 1-2
Advanced study of the ethical obligations of public and private attorneys in estate, family, and juvenile law representation. Topics may include identification of the client, ethical and legal obligations of confidentiality and disclosure, competence and client communication, respect for third persons (particularly obligations toward children of clients) and other related subjects. Paper and presentation required. When offered for 2 credit hours, the course fulfills the Schools Professional Responsibility graduation requirement.
Prerequisites: (or concurrent) LAW 8611, LAW 8751.
LAW 8611Estates And TrustsCredits: 3-4
Intestate succession; testamentary dispositions; execution, modification, and revocation of wills; will contests; advancements, ademption, and exoneration; family allowances; rights of estate creditors; express, implied, resulting, and constructive trusts; basic tax aspects of estates and trusts; rule against perpetuities; will substitutes.
LAW 8611LEstates and Trusts LabCredits: 1-3
This experiential course applies the knowledge acquired in the basic Estates and Trusts course to the process of gathering, evaluating, planning, drafting, and executing an estate plan in a non-tax environment.
Prerequisites:LAW 8611 Estates and Trusts; Law 8541 Property I; Law 8542 Property II.
LAW 8612RTax Planning With Life InsuranceCredit: 1
An examination of the various tax consequences of using life insurance, including issues relating to the income, gift and estate tax consequences of life insurance ownership by an individual, and irrevocable trust, or business entity.
LAW 8613IEstate Planning InternshipCredits: 1-4
Students are assigned to attorneys at law firms or trust departments and will work on estate planning projects assigned by the supervising attorney. Exams may include drafting will and trust instruments, researching legal issues, and drafting memos.
Prerequisites:LAW 8611, LAW 8552.
LAW 8614Estate Planning and DraftingCredits: 3-4
Continuation of Estates & Trusts I using problems and cases as a basis for class discussion. Working in teams, students engage in the planning of estates for actual clients, proceeding through the entire process and culminating in the execution of wills, trusts or other appropriate instruments. Course is not open to students who have taken Estate Planning.
LAW 8614REstate Planning For Retirement Plan BenefitsCredit: 1
The income, gift, estate and generation-skipping transfer tax consequences and rules related to the ownership, distribution and withdrawal of retirement plan benefits, including minimum required distributions, designating beneficiaries, spousal rights and rollover options
LAW 8615Estate Planning and PracticeCredits: 3-4
Tax-oriented examination of contemporary estate planning problems for the larger estates, with emphasis on issues of direct concern to practitioners. This course is designed for LL.M. students.
LAW 8615REstate Planning For Charitable GivingCredit: 1
Survey of federal income tax and transfer tax laws governing gifts to charitable organizations, charitable remainder trusts and charitable lead trusts; procedural requirements to assure deductibility; and planning and drafting considerations.
LAW 8617RElder Law For Estate PlannersCredit: 1
An examination of the legal tools available for the elderly client for decision-making, both health care and financial, in the event of incapacity, and asset preservation, including Medicare and Medicaid qualification. The course will cover the use of trust; durable powers of attorney, and advance directives for health care and living wills and the relationship to court guardianship.
LAW 8621EvidenceCredits: 3
General principles relating to proof of facts in civil and criminal trials; presumptions; order of proof; relevancy; judicial notice; real and demonstrative evidence; authentication; best evidence rule; hearsay; competency; impeachment; rehabilitation.
LAW 8631Constitutional LawCredits: 4
Core issues relating to the U.S. Constitution, including the doctrine of judicial review, the powers of Congress and the President, limitations on state power, and judicial protection of individual rights.
LAW 8633First Amendment LawCredits: 2-3
Basic themes and advanced problems relating to the law of the First Amendment to the United States Constitution, including exploration of the values behind the protection, subversive advocacy, regulation of speech in the public forum, access to the media, regulation of the press, symbolic expression, libel, obscenity, commercial speech, picketing, right of association, loyalty oaths, legislative investigations and government demands for information, separation of church and state, free exercise of religion, state aid to the religious schools, regulation of religion-based conduct.
LAW 8633RLaw and ReligionCredits: 1-2
Explores the interaction of the legal system with religious beliefs and institutions. The course examines issues such as the establishment and free exercise clauses of the United States Constitution, the influence of religion in law making, and religion issues presented in famous trials.
LAW 8634Criminal LawCredits: 3
Introduction to substantive criminal law, its role and purpose in our society; principles of liability, common law and statutory offenses; defenses; punishment.
LAW 8634IInternational Criminal LawCredits: 1-2
An introductory course in International Criminal Law focusing on the criminal prosecution of individuals under international law, primarily by international tribunals (or "hybrid" international/national tribunals) and secondarily by national tribunals applying international law. The course will include a consideration of aspects of criminal law that are common to most criminal legal systems, with a particular focus on those crimes that are "international;" will revisit the concept of criminal jurisdiction, how it is acquired, and its limitations, such as immunity for heads of state and diplomats; and will examine the elements of war crimes, crimes against humanity, and genocide, as well as a few other crimes of international concern; and excuses or justifications under international law, such as self-defense and insanity.
LAW 8634KInternational Contract Law under the CISGCredit: 1
A study of the United Nations Convention on Contracts for the International Sale of Goods (the CISG), which provides a uniform system of contract principles for international sales transactions among the approximately 70 countries that have ratified the treaty. The class focuses on the applicability of the CISG, identifying for students how to avoid applicability by default; it also examines the basic contracting principles of formation, interpretation, and enforcement of contracts as governed by the CISG, utilizing both the treaty language as well as important recent decisions applying the CISG provisions.
LAW 8635Criminal Procedure ICredits: 3
Introduction to the administration of criminal justice; constitutional rights of the accused; due process; privilege against self-incrimination; right to counsel; arrest, search, and seizure; wire-tapping; police interrogation and confessions; pre-trial identification procedures.
LAW 8635SWrongful ConvictionsCredits: 2-3
An examination of the causes of wrongful convictions, a consideration of systemic reforms that might minimize convicting the innocent and a focus on recurring ethical issues that confront prosecutors and criminal defense lawyers. Students also will work with The Midwestern Innocence Project on cases of possible actual innocence.This course provides an insider's look into the operation of the criminal justice system and is designed to help students gain insight into features of the criminal justice system that have a tendency to produce wrongful convictions. It should be of particular interest to any student interested in working in a prosecutor's office, public defender's office or for a firm doing defense work. It is a prerequisite for any student wishing to enroll in the Innocence Project clinic. Limited enrollment (normally, up to 16 students)
LAW 8635TWrongful Convictions IICredits: 2-3
A follow-up class to Wrongful Convictions I, open only to students who have completed Wrongful Convictions I. The course will involve "hands on" work with cases that have passed through the first level of screening in Wrongful Convictions I with students receiving the transcripts and case documents in addition to the briefs and opinion in the case. Students will receive these documents and report on the likelihood that an inmate is innocent and the strategies available for pursuing the claim of innocence.
LAW 8636Criminal Procedure IICredits: 2-3
Continuation of the study of the administration of criminal justice; exclusionary rules; bail; prosecutor's discretion; grand jury; preliminary hearing; jurisdiction, venue; joinder and severance of offenses and defendants; right to speedy trial; pleas of guilty; discovery; trial by jury; publicity; double jeopardy.
LAW 8636AFederal Trial PracticeCredits: 2-3
A practical skills course involving consideration and application of the rules of procedure and evidence to civil and criminal cases brought in federal court, including, but not limited to the legal requirements of federal jury instructions, motions in limine, pretrial preparation, pretrial conferences, notice requirements, voir dire, opening statements, direct and cross, evidentiary foundations for exhibits, computerized and computer-related evidence, character and related evidence, witnesses (lay, lay opinion, summary, character, experts), and closing arguments.
LAW 8637RU.S. Attorney's Office Law InternshipCredits: 1-3
Up to four students, under supervision of an Assistant United States Attorney, are selected as interns to work in the United States Attorney's Office for the Western District of Missouri with members of the Strike Force, Narcotic Unit, General Crimes Unit or Civil Division. Activities include, legal research and writing, consisting of memoranda, motions and briefs; observations and participation in trials, pre-trial hearings and motions, as appropriate; and assistance with litigation. Students are expected to work a pre-approved schedule of six hours a week for fourteen weeks with a minimum of eighty hours a semester and to attend regular conferences with their supervising attorney and faculty supervisor.
LAW 8638REntrepreneurial Lawyering: Solo And Small Firm PracticeCredits: 3
Course will focus on law practice management for solo and small firms. Topics include organizational structure, firm management, fee setting and allocation, and effective and ethical marketing. Course includes attendance at the Missouri Bar Solo and Small Firm Conference.
LAW 8639Legal Practice Technology SkillsCredits: 1-3
This course will facilitate technology competencies for students for use in practice settings, regardless of the size or setting of the law firm, business, or agency. The course will familiarize students with the basic legal technologies necessary for the twenty-first century lawyer, but will also include word-processing, spreadsheet and database skills appropriate for the legal setting. More advanced portions of the course include computer-assisted drafting, file architecture design, security protocols, and client communications.
LAW 8639LPractice Management Technology LabCredits: 2-3
Building on theory of the role technology in law practices, students will learn how to use document assembly software and learn to be proficient with other software with hands on exercises and work.
LAW 8641RLegislationCredits: 2-3
This course explores a variety of topics under the broad heading of "Legislation." Included among them are: electoral and representational structures, legislative drafting, canons of statutory interpretation, identifying and utilizing legislative history, the role of referendums and initiatives as a supplement to representative institutions, public choice theory, and other theories of legislation. The course also includes an opportunity for students to participate in the drafting of legislation for the Kansas for Missouri State legislatures. Paper optional.
LAW 8643FAdvanced Legal Research: Foreign, Comparative and International LawCredit: 1
The course is designed to familiarize students with the basic resources of international law by taking an in-depth look at foreign and comparative law resources, teaching students how to utilize and think systematically about those resources and instructing students in the strategies and processes necessary to conduct scholarly research and practice international law. Students taking the course will improve their research competency in authorizing scholarly papers with a comparative or international perspective.
LAW 8643LAdvanced Legal Research-LitigationCredit: 1
Prepares students who wish to focus on advocacy and litigation (including students in litigation with respect to Family Law and Urban, Land Use and Environmental law). The course is also intended to facilitate research for the student's legal research and writing requirement. the course will refresh and refine research skills, help students to think systemically about legal research, and familiarize students with applicable resources. As the final project, students will have the opportunity to develop an in-depth research "path finder" or guide for an approved topic of their own choosing.
LAW 8643TAdvanced Legal Research: Transactional LawCredits: 1-2
Prepares students who wish to focus on transactional law. The course is also intended to facilitate research for the student's legal research and writing requirement, although it does not satisfy the writing requirement. The course will refresh and refine research skills, help students to think systemically about legal research, and familiarize students with applicable resources relevant to transactional law including business organizations, tax, pension, labor and employment, competitive business intelligence, real estate, securities, sale of businesses, etc. As the final project, students will have the opportunity to develop an in-depth research "path finder" or guide for an approved topic of their own choosing.
LAW 8650Race and the Law SeminarCredits: 1-3
In-depth examination of the role that race plays in American society as a whole and in judicial decision-making in particular. Course will examine the effect of race on representative democracy, employment, education, housing, hate crimes, the legal profession, sex, popular culture, and other aspects of the law. Research paper.
LAW 8656Public Defender Trials InternshipCredits: 1-3
As permitted by Missouri Supreme Court Rule 13, senior law students, under supervision, handle cases referred from the Public Defender. Students enroll for two semesters and apply lawering skills to represent client, conduct weekly conferences, and attend lectures on criminal defense law and practice.
Co-requisites:LAW 8635, LAW 8621, LAW 8731.
LAW 8656AMissouri Attorney General's Office InternshipCredits: 1-3
As Permitted by Missouri Supreme Court Rule 13, second and third year law students, under supervision, work at the Attorney General's Office in Kansas City assisting with the duties and functions of the office provides the community. The internship provides formalized instruction, and individual mentoring and supervision from assistant attorney generals. Limited enrollment.
Prerequisites: Rule 13 certification.
LAW 8656CJackson County Prosecutor Internship-Family Law ProsecutionCredits: 1-3
As permitted by Missouri Supreme Court Rule 13, senior law students, under supervision, appear in court and assist the Jackson County Prosecutors Office, Child Support Division, in prosecuting cases involving paternity establishment and child support. Support services are provided without charge to custodial parents living in Jackson County. The internship provides formalized instruction, and individual mentoring and supervision from assistant prosecutors. Limited enrollment.
Prerequisites:LAW 8621, LAW 8635, LAW 8731, LAW 8751, Rule 13 certification.
LAW 8656FFederal Public Defender InternshipCredits: 1-3
Students work in the Federal Public Defender's Office, under the supervision of the Federal Public Defender. Students prepare pleadings and represent federal ndigent criminal defendants. Students will be expected to perform legal research, to write memoranda, motions and briefs, to observe and to appropriately participate in trials,pre-trial hearings, motion hearings and, in general, to assist in litigation. Students must meet eligibility requirements and be certified in compliance with the Local Federal Rules of Court. Students must have completed three semesters of law school and must be in the upper half of their class. Ungraded. Pass/Fail.
LAW 8656PJackson County Prosecutor InternshipCredits: 1-3
As permitted by Missouri Supreme Court Rule 13, senior law students, under supervision, appear in court and assist the Jackson County Prosecutor's Office with the duties and functions the office provides the community. Internship includes formalized instruction, and individual mentoring and supervision from assistant prosecutors. Limited enrollment.
Prerequisites: Rule 13 certification.
LAW 8662Federal Court InternshipCredits: 2-3
Second or third-year students serve in a clerkship with a judge or magistrate of the U.S. District Court for the Western District of Missouri, or the U.S. Court of Appeals for the Eighth Circuit. Students work at least 70 hours at the court, and attend review conferences over the course of the semester.
LAW 8662CCourt InternshipCredits: 1-6
Second or third-year students serve in an unpaid internship with a judge, magistrate, commissioner, or other judicial officer in individually arranged internships. Students reflect on their experience and provide samples of work product for review by supervising faculty.
LAW 8662FFamily Court InternshipCredits: 1-3
Second or third-year students will serve as law clerks to judges and commissioners in the family court of Jackson County. Internship involves required observational experiences, research and writing, and participation in the regular functioning of the court's processes.
LAW 8662MMissouri Court of Appeals InternshipCredits: 2-3
Second or third-year students with a GPA of at lease 3.0 serve in a clerkship with a judge of the Missouri Court of Appeals. Students work at least 70 hors at the court, and attend review conferences over the course of the semester. Ungraded. Pass/Fail.
LAW 8665AAnimal LawCredits: 2
This course will begin with a brief overview of the philosophical and cultural issues underlying human/animal relationships, including basic theories of the legal systems's responses to social change. Legal issues relating to food animals, companion animals, laboratory animals, wild animals, and performing animals will be examined with reference to: (1) federal statues (Animal Welfare Act, Endangered Species Act, Marine Mammal Protection Act, Wild Horses and Burros Act, Animal Damage Control Act, National Wildlife Refuge System Administration Act, Refuge Recreation Act, National Environment Police Act, and Humane Slaughter Act); (2) state statues (anti-cruelty, wills and trusts, hunting, racing and fighting statues); (3) local animal control regulations; and (4) extensive common law (standing, rights, free exercise of religion, property, landlord-tenant disputes, torts, marital dissolution and custody, and bailment).
LAW 8700Trial Advocacy ICredits: 2
A practical skills course in advocacy which introduces students to the fundamental components of a typical civil and criminal trial and requires students to perform exercises involving each component and try a mock civil or criminal case from provided problem materials.
LAW 8702Conflict of LawsCredits: 2-3
Domicile; jurisdiction and limitations on the exercise of jurisdiction; judgments; full faith and credit; choice of law; conflicts problems in federal and international settings; conflicts problems in selected areas.
LAW 8703Trial Advocacy IICredits: 2-3
A practical skills course in the art of trial advocacy with an emphasis on technique, style, and methods of persuasion. During class sessions, students perform exercises involving the various stages of a law suit, and are critiqued on their performances. Following performance of the exercises, students are divided into teams and try a mock case in a trial competition, from which the Law School's National Trial Competition Teams are selected. The trials are evaluated by trial lawyers and federal or state judges. Limited enrollment.
LAW 8704Lawyering SkillsCredits: 2-3
Interviewing and counseling; fact investigation; discovery; negotiation. Simulated videotaped exercises and drafting assignments.
Prerequisites:LAW 8521, LAW 8621.
LAW 8704ALawyering Skills Competition-AppellateCredits: 1-4
This course is limited to students who represent the law school in faculty supervised regional, national or international lawyering skills competitions. These competitions require application of lawyering skills in a range of substantive law areas and intensive practice of lawyering skills, judged by faculty and practitioners in the field. Students enrolled in this course will be representing the school in various moot court appellate advocacy competitions. Students will research and draft briefs or equivalent advocacy documents, develop oral arguments, conduct practice oral arguments before a range of student, faculty, and practitioner judges, and represent the law school in regional national or international competitions.
LAW 8704CLawyering Skills Competition-Client Counseling TeamCredits: 1-2
The course is limited to students who represent the law school in faculty supervised regional, national or international lawyering skills competitions. Students enrolled in this course will be representing the school in the client counseling competitions. Students will research a problem from a range of areas of law and develop problem solving and client counseling strategies and documents and conduct mock client interviews.
LAW 8704ILawyering Skills CompetitionCredits: 1-2
This course provides an overview of international commercial arbitration and focuses with more specifically on international investment protection law and bilateral investment treaty provisions. The course will provide preparation for the International LL.M. Commercial Arbitration Competition, but it is open to J.D. students.
LAW 8704NLawyer Skills Competition-Negotiation TeamCredits: 1-2
The course is limited to students who represent the law school in faculty supervised regional, national and international lawyering skills competitions, Students enrolled in this course will be representing the school in various negotiation competitions. Students will research a problem from a range of law and develop negotiation strategies and documents and conduct mock negotiations.
LAW 8704TLawyer Skills Competition-Transactional Practice TeamsCredits: 1-2
The course is limited to students who represent the law school in faculty supervised regional, national or international lawyering skills competition. Students enrolled in this course will be representing the school in various negotiation competitions and meets, Students will research a problem involving business transactions or tax and prepare analysis and problem solving strategies.
LAW 8705Trial Advocacy IIICredits: 2
Students, under the supervision of trial advocacy faculty, participate in trial competitions. Enrollment by invitation only.
Prerequisites:LAW 8700, LAW 8703.
LAW 8705IComparative Advocacy in IrelandCredit: 1
This course will look into the comparative role of Advocacy both in the courtroom and the boardroom for European and U.S. systems. The course will introduce students to a comparative look at the basic structure and legal systems in Ireland and the US. The field of Advocacy is rapidly expanding as evidenced by the adoption of affirmative advocacy programs in Ireland as well as the U.S. An example of the topics covered include: A comparative overview of the Barrister/Solicitor and U.S. systems of justice. The students will be introduced to “access to justice” which is a comparative look at European and US approaches. The course will also focus on the prosecutions under both the European and US systems as well as a discussion of the influence of crimes on international trade, business and a comparative look at the role of advocacy in those systems. Students will be exposed to advocacy for persons with disabilities that include a comparative look at the Ireland and US systems with resulting effects on business and trade. Finally the course will involve review and discussion of the global considerations for Advocacy.
Prerequisites: Part of the Ireland Law Program.
LAW 8706Complex LitigationCredits: 2-3
As related to litigation of complex cases, study of special issues of party joinder and intervention, class action requirements and limitations, discovery, case management, and estoppel by verdict or judgment.
Prerequisites:LAW 8521, LAW 8522.
LAW 8707AAdvanced Legal Writing: Practical Skills DevelopmentCredits: 2-3
Preparation of students for writing problems commonly encountered in the first two years of law practice: jury instructions, general correspondence, opinion letters, simple contracts, litigation motions and pleadings including a complaint, answer and some discovery documents. Individual feedback provided.
LAW 8707BAdvanced Legal Writing: Business Contract DraftingCredits: 2-3
Preparation of transactional documents including, for example, confidentiality agreements, consulting agreements, employment agreements, technology licensing agreements.
Prerequisites:LAW 8501, LAW 8502, LAW 8601.
LAW 8707CAdvanced Legal Writing: Litigation DraftingCredits: 2-3
Preparation of litigation documents and pleadings, including complaint or petition; cross-claim, counterclaim or third-party petition; answer; discovery documents such as a set of interrogatories or requests to admit; dispositive motions; and settlement agreements.
Prerequisites:LAW 8521, LAW 8522.
LAW 8707EAdvanced Legal Writing: Scholarly WritingCredit: 1
Preparation of students for scholarly writing including independent study, law review, and seminar papers. Focus will be on topic identification and refinement; developing a thesis; research strategies including reiterative and mediated searching, systemic evaluation of resources, problem typing and solving, and resources for specific topics in the law; proper attribution and use of authority; developing a working draft; and creating a balanced, thorough, and carefully reasoned and supported analysis.
LAW 8707FAdvanced Legal Writing: Appellate Brief WritingCredit: 1
Preparation of federal and state court appellate briefs, including the jurisdictional statement; statement of the case; statement of facts; points relied on; statement of the issues presented; summary of the argument; argument; and responses and replies to arguments. Prepares students to outline and organize arguments; edit and revise written work; and finalize an appellate brief.
LAW 8707RAdvanced Legal Research Administrative Regulations/Legislative HistoryCredit: 1
LAW 8708Master Clinical Advocacy CourseCredits: 3-4
This semester-long intensive course will introduce students to the law, advocacy and execution of trial strategy in active litigation. The course will function as a unique clinical course, with a law school professor and local counsel serving as the supervising attorneys. The professor will select an active case in local litigation, preferably in its early stages. The students will be reponsible, with supervision, for all areas of the litigation process from drafting pleadings, motions, discovery and taking and attending depositions and trial.
LAW 8710Lawyering Skills Teaching Assistant MethodsCredits: 1-3
Legal analysis, research and writing; instruction and discussion of the research and writing process and related topics in legal method and legal education; supervised production of an expository writing, advocacy writing and scholarly writing; development of research and writing exercises for use in the first-year Legal Writing Program and service as Teaching Assistants in the Program; limited enrollment.
LAW 8710BLegal Analysis & MethodsCredits: 2
Preparation of students for the bar review and exam process with a focus on improving analytical skills to approach and do well on practice bar exam questions, including essay, multiple-choice, and performance questions. The course will cover specific topics tested on the bar exam with additional emphasis on refining memorization skills and learning how to self-assess understanding of concepts.
LAW 8711RemediesCredits: 2-3
Remedies for violation of legally protected interests; history and development of equity jurisdiction and modern equity practice; injunctions; declaratory judgments; rescission; reformation; restitution; contempt; damages.
LAW 8712Problems And Issues In The Death PenaltyCredits: 1-2
Issues and problems in the administration of the death penalty; the Missouri capital sentencing scheme; constitutional limitations, statutory schemes, state review systems, procedural matters and collateral review of death sentences.
LAW 8713Death Penalty ClinicCredits: 1-2
The post-conviction process of collateral review in death penalty cases; training in legal representation of the postconviction petitioner.
LAW 8713CCapital Punishment in the Modern World: Constitutional & Human Rights PerspectivesCredit: 1
A consideration of problems and issues in the death penalty, including the following topics: the historical and constitutional perspectives on the death penalty; the practical application of the death penalty in the United States; capital punishment and human dignity; and the future of capital punishment
LAW 8713PWrongful Convictions ClinicCredits: 1-6
Students, under supervision, provide investigate and legal assistance to prisoners with persuasive actual innocence claims. Students meet weekly with the director of the program for training and evaluation. Assigned tasks depend on the needs of the Innocence Project, and may include interviewing potential clients, gathering records, investigating actual innocence claims, consulting with experts, drafting post-conviction and/or clemency pleadings, and appearing at court hearings. Clinical students work in conjunction with law and journalism students enrolled at the University of Missouri-Columbia. Limited enrollment (normally, 8 students).
Prerequisites:LAW 8634, LAW 8635, LAW 8635S.
LAW 8714Gender and JusticeCredits: 2-3
Students will examine and discuss legal issues of special importance to women. Topics will include (among others) sexual discrimination, sexual harassment, domestic violence, reproductive autonomy, and pornography. The course seeks to present each topic in its social context by supplementing legal readings with materials drawn from the social sciences, literature, and film. Paper required. Enrollment limited to fifteen students.
LAW 8714CGender and Justice: Selected TopicsCredit: 1
Students examine and discuss, from a comparative perspective, legal issues that have a substantial impact on the construction of gender, paying particular attention to the laws of Ireland and the United States. Topics will include selected portions of some of the following issues: sex discrimination from an historical perspective in each country the constitutional standards for evaluation of sex discrimination; sexual harassment; domestic violence; reproductive rights; familial rights (same-sex marriage, divorce, and custody); feminist theory (equal treatment theory, cultural feminism, radical feminism, lesbian theory, racial essentialism, and theories of global gender equality); and depictions of gender in popular culture. The course seeks to present each topic in its social context by supplementing legal readings with materials drawn from the social sciences and literature.
LAW 8714GGender, Race, Sexual Orientation, Religion & FilmCredit: 1
A focus on the ways in which facets of identity (e.g., gender, race, sexual orientation and religious beliefs) are illuminated in films and other popular media that have implications for law and public policy, including how public sentiments are influenced by movies and other media and how movie portrayals of these identity characteristics shape popular conceptions of what the law should be in relation to them. Readings and discussions illuminate the ways various media both feed, and at times test, societal assumptions about identity characteristics.
LAW 8714RAssisted Reproduction SeminarCredits: 2-3
An in-depth examination of assisted reproduction from a legal perspective. The course will include interdisciplinary study of the development of reproductive technologies and the implications for law and regulation. The course will attempt to situate the legal discussion within the context of the changing science and the nature of the industry. Discussion will therefore consider the international development of the industry, the importance of determination of parenthood to its viability, potential exploitation of vulnerable patients, and the impact on the resulting children,. Course topics will include consideration of the constitutional, family law and regulatory frameworks, posthumous reproduction, embryonic stem cell a research and human cloning.
LAW 8714SSexuality and the LawCredit: 1
An examination of sexual orientation,sexuality,and the law. This course will introduce students to existing and emerging jurisprudence in these areas by examining case law with an eye toward how holdings in specific cases can be expanded or restricted in future litigation. The five-day course will examine the manner in which constructions of sexuality and sexual orientation have impacted the development of law in the areas of constitutional law (including speech and the right to privacy),employment,marriage,parenting,violence and military service.
LAW 8716Cyberlaw and Information PolicyCredits: 2-3
Survey of the areas of the law with existing or potential application to computers (such as contract law, intellectual property law, criminal law, tort law and constitutional law) highlighting the legal issues involved in the areas studied.
LAW 8720Secured TransactionsCredits: 3
Secured Transactions in personal property under Article 9 of the Uniform Commercial Code, function and form of a security agreement, process of perfecting a security interest, priority among unsecured parties; secured sales of goods under Article 2 of the Uniform Commercial Code.
LAW 8721Commercial TransactionsCredits: 3
Law of negotiable instruments; bank collections; Articles 3 and 4 of the Uniform Commercial Code; electronic funds transfers.
LAW 8723Banking Law SeminarCredits: 2
Federal and state law governing banking activities; regulation of bank holding companies; formation of banks; the FDIC and FSLIC; interstate banking; deregulation of banking transactions; banking activities by non-banks; regulation of securities activities of banks. Paper required.
LAW 8725Water LawCredits: 2-3
Private acquisition of water rights through riparian ownership and prior appropriation; public rights to water existent in bed ownership easements and trusts; ground water management; water distribution organizations; federal allocation and control of water resources; interstate allocation.
LAW 8725EEnergy LawCredits: 3
The course will deal with the legal, economic and environmental issues of energy production on federal lands and/or under federal jurisdiction. It will focus on a number of energy sources including: oil, coal, natural gas, oil shale, coal bed methane, geothermal, water, wind, and solar. It will also cover the special problems of hydraulic fracturing, air and water pollution, climate change spills, collapses, meltdowns and other disasters as well as liability for cleanup and reclamation.
LAW 8728Law And The American IndianCredits: 2-3
An anthropological, historical and legal study of the American Indian, including a focus on American Indian traditional law and values, federal policy and current legal issues.
LAW 8729Preservation LawCredits: 2-3
An exploration of the legal and economic issues impacting preservation of land, wilderness, buildings and archeological and historical sites, including a study of various federal and state preservation legislation, and private land use preservation measures.
LAW 8729CCultural Preservation LawCredits: 3
This course will focus on Federal, State, and Local Law, directed at the preservation of Prehistoric, Historic, and Modern Culture. It will include sections on: The Values and Philosophy of Preservation, Archaeological Protection Law, the Native American Grave Protection and Reparation Law, Sacred Site Protection, Historic Protection in State and Local Government, the Takings Clause, Land trusts and Conservation Easements, Public-Private Partnerships and Modern Ethnic and Socio-economic Communities.
LAW 8730IIntroduction to American Law & CultureCredits: 2-3
Introduction to the American legal system, including government structure, sources of law, common law development, and core substantive areas. Available to LL.M. International students only.
LAW 8731Professional ResponsibilityCredits: 2
Code of Professional Responsibility and the Model Rules of Conduct; role of the lawyer as a professional; confidentiality; conflict of interest; zeal within the bounds of the law; competency; providing legal services.
LAW 8732CCross-Cultural Dispute ResolutionCredits: 2-3