Fall 2015 Loyola University Chicago School of Law Courses Available to DePaul College of Law Students Each course is a topic under LAW 850: Topics in the Law at Loyola Course Title Section Number Credits Days Times Instructor Limit Room Exam Date Access to Justice Practicum Advanced Evidence Canon Law and Catholic Health Care Child, Parent, and State Criminal Procedure Investigation S.2 Elder Law 201 202 101 4.0 2.0 2.0 W Th Fri Tautges Elward Paprocki 3 3 3 1001 1201 1104 None None Paper 203 205 2.0 3.0 Coupet Dehn 3 3 1401 1303 206 2.0 Th M W Tu 5:30-7:30 7:00-9:00 10:0012:00 5:00-7:00 7:00-9:00 6:00-7:00 7:00-9:00 Kozak 3 1102 Health Care Labor Law Seminar 207 1.0 W 5:00-7:00 Schurgin 3 1404 None 12/7/15 6:00p.m 12/15/15 6:00p.m. 12/15/15 6:00p.m. 208 2.0 Th 7:00-9:00 Benchell 3 1404 None 209 2.0 MW 6:00-7:00 Das 3 1401 Take Home Term: MN8 2nd 7 weeks: October 14-November 25 Patent Law Litigation Prerequisite: Intellectual Property or Patent Law Seminar except with permission from instructor or Director of Intellectual Property Program: Prof. Ho Patent Prosecution Seminar Access to Justice (4) This course will examine important issues around access to civil justice, including the history of civil legal aid, current delivery systems and funding models, increased self-representation of litigants in the court system, and potential solutions to bridge the gap between the growing need for civil legal assistance and available resources. To most effectively explore these issues, the course is divided into three components: bi-weekly seminars, several experiential activities and a research project. Each is described briefly below. (1) The bi-weekly seminars will provide necessary framework and context for the experiential learning activities and the research projects. Our seminar will begin with an overview of the challenges of ensuring access to civil justice, with each subsequent seminar analyzing more specific and complex access-oriented issues related to everything from the various actors in the civil justice system to innovations in the delivery of legal services. (2) Each student will complete a research project with course faculty providing supervision. Completed research projects will assist the Illinois Supreme Court Commission on Access to Justice and other legal and judicial system stakeholders. To be successful in these projects, students will be expected to complete legal research, in-depth legal reasoning and policy analysis. Depending on class size, these projects may be assigned to students to work in pairs. In addition to the written work-product, students will present and answer questions about their research to a panel of access to justice experts at the last class of the semester. (3) Finally, at various intervals throughout the semester, and as identified in the syllabus below, students will be asked to complete a series of experiential activities that will be incorporated into class discussions. These experiential activities will increase students’ understanding of access to justice issues. Students will be required to spend 120 hours completing the experiential activities and research project assigned during the semester. Advanced Evidence (2) This course offers an in-depth study of three important areas in the presentation of evidence at trial: character (e.g., habit, routine and prior bad acts, as well as traditional character traits), hearsay, and expert testimony. Although not a "techniques" course, students will be called upon to participate actively in the class discussions and simulation. (Elward) Canon Law and Catholic Health Care (2) According to the Catholic Health Association of the United States, there are Catholic health care systems and facilities in all 50 states, providing acute care, skilled nursing and other services including hospice, home health, assisted living and senior housing. Over 15% of all hospital beds are operated by Catholic health care systems. Catholic health care supports over 20% of the hospitals in 24 States, and more than 30% of all hospitals in eight States. Catholic health care must comply with both civil law and ecclesiastical law. Knowledge of the Church’s own legal system, known as canon law, and how it interacts with civil law is essential for lawyers and administrators responsible for the management of ecclesiastical entities such as Catholic hospitals and health care systems. Examples of specific issues would be in the areas relating to Catholic identity, sponsorship, mergers and joint ventures involving Catholic health care institutions; incorporation and tax-exempt status of religious organizations; the acquisition and sale (alienation) of ecclesiastical property; wills, estates, bequests and gifts involving ecclesiastical goods; liability for clergy and employee misconduct; immigration law aspects of foreign religious workers; and the interface between government regulations and the Church’s ethical and religious directives. Moreover, the Ethical and Religious Directives for Catholic Health Care Services issued by the United States Conference of Catholic Bishops present the theological principles that guide the Church’s vision of health care. This course will examine in detail the two-fold purpose of the Ethical and Religious Directives: first, to affirm the ethical standards of behavior in health care that flow from the Church’s teaching about the dignity of the human person, and second, to provide authoritative guidance on certain moral issues that face Catholic health care today. Canon Law and Catholic Health Care should be of particular interest for law students and business students interested in the management of Catholic health care institutions. This course will be conducted as a seminar in which students will be invited to write a research paper and make a classroom presentation on some issue of canon law and Catholic health care. Child, Parent and State (3) This course examines the legal relationships among children, family and the state, primarily in the context of issues over which juvenile courts traditionally have jurisdiction. The subject matter is divided into two sections, the first dealing with the constitutional and statutory rights of juveniles involved in the criminal justice system and the second focusing on civil matters including neglect, abuse, termination of parental rights, adoption, and children's right to treatment issues. (Burns, Coupet, Geraghty) Criminal Procedure: Investigation (3) This course provides a general overview of the criminal justice process, and focuses on the constitutional and other legal requirements that affect law enforcement practices and procedures. Specific topics may include confessions and interrogations, identification procedures, arrest, search and seizure, surveillance, police entrapment, and the right to counsel. 397-Elder Law (2) This class provides the doctrinal foundation in elder law. The class is taught through the lens of bar-related areas of the law. Fiduciary and Agency law concepts are used to discuss ethics issues, discrimination issues, durable powers of attorney, and other methods for planning for an individual’s incapacity. Public and Constitutional law concepts are used to discuss an individual’s right to consent to or deny medical treatment, the court’s jurisdiction in adjudicating adult guardianship, and the governmental benefits available to elderly individuals. Property laws are used to discuss various housing choices available in retirement, and Contract and Tort laws are used to discuss nursing homes, private insurance, and other financial contracts. Additionally, Consumer and Bankruptcy laws are used to discuss financial exploitation while Evidence and Criminal laws are used to discuss physical and emotional abuse of the elderly. Other important issues with aging populations will be discussed. Required Text: Bauer, Flowers, Morgan, Morrissey, and Radwan, “Elder Law as an Inter-doctrincal Study.” (forthcoming) Grading: class participation and professionalism: 30% Midterm: 30% Final Exam: 40% Health Care Labor Law Seminar (1) This course serves as an introduction to labor and employment in the health care industry. Topics covered will include union representation, supervisory status, harassment and discrimination, independent contract relationships, employment at will, and wage and hour standards. (Schurgin) Patent Law Litigation (2) This is an advanced Patent seminar that will incorporate and apply concepts introduced in the Intellectual Property survey course. The focus of this seminar is to provide students with a simulated "real-world" experience that will assist them in their subsequent practice of law. Students will be divided into plaintiffs and defendants, and the seminar will walk them through the various aspects of patent litigation from preparing the initial notice letter to arguing claim construction in a Markman hearing. In addition, students will be assigned complementary reading that helps to highlight the substantive material covered. Students will be required to draft litigation-based documents, such as complaints, answers and interrogatories. In addition, students will be required to draft a brief for a Markman hearing. Grading will be based upon these activities, as well as class participation; there will be no final exam. Prerequisite: Students must have taken either (1) Intellectual Property (survey course); or (2) Advanced Patent Law Seminar. Please note that taking a concurrent Intellectual Property class will not satisfy the pre-requisite. Patent Prosecution Seminar (2) This course offers an introduction to the art and science of preparing patent applications and prosecuting patent applications in the U.S. Patent and Trademark Office. While a discussion of selected statutory requirements and Patent Office rules will be incorporated in the lectures, the focus of the course will be on hands-on drafting and strategy. In-class exercises and homework assignments include drafting claims and various parts of a patent application, as well as preparing responses to Office Actions. There are no pre-requisites for this course, although a technical background or comfort with describing technology would be desirable.
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