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Week #2: Jan. 20th, Overview of the Administrative Procedures Act & the non-delegation doctrine. Read APA in appendix (pgs. 896-916); pgs. 15-38; 503-14.

WRITTEN ASSIGNMENT: None.

READING ASSIGNMENT: Read and know the facts of: Picket Up Delivery Services & IATW & Karol Brezenski Exercise, which you purchase from the bookstore on CD and TRIAL, Chapter 2, “Planning and Preparation.”

Suggested readings: Read as continued reference: SUPPLEMENT TO TRIAL, “Administrative Hearing Transcript,” pp. 359 – 445.

Pierson v. Post, 3 Cai. R. 175 (NY 1805);

Corwin R. Kruse, The Relevance of “Animal Issues” for Sociology, 20 ISAZ Newsletter 2 (Nov. 2000) (skim article), available at http://www.isaz.net/newsletter/isaz20.pdf>.

1. Chapter I pp. 3-19

2. Notes and Questions p. 14, Question #3: Write your answer/thoughts on this question in either an outline form or paragraph form, less than a page double-spaced, to be handed in. Be prepared to discuss your point of view.

2. Text: Notes and Questions, pg. 14 and pg. 19. Choose one question from those provided and be prepared to discuss your responses with the class.

3. Peruse the USPTO website (www.uspto.gov) focusing on copyright and trademark law in general.

o Use the attached Study Guide and Study Question to guide you in your reading. As you read, look for the answers to the questions. You need not submit the answers to me.

o Answer the attached Contracts diagnostic essay question to the best of your ability. Submit your answer to me via e-mail (sally.zusman@wmitchell.edu) by noon on Friday, January 8. Name your document as follows: LAST NAME.DIAGNOSTIC (ZUSMAN.DIAGNOSTC).

o Visit the National Conference of Bar Examiners (NCBE) Web site and familiarize yourself with the Multistate Bar Exam (MBE) and the Multistate Performance Test (MPT). In the MBE section, look at and print the outlines for all the MBE subjects. Look at the resources available for purchase and consider buying the online MBEs.

o Visit the State Board of Law Examiners (SBLE) Web site. Familiarize yourself with the requirements and deadlines you need to meet to sit for the Minnesota bar exam. Familiarize yourself with the Minnesota Essay Exam (MEE).

o Toward the end of the week, check the TWEN site for the course.

o Use the attached Study Guide and Study Question to guide you in your reading. As you read, look for the answers to the questions. You need not submit the answers to me.

o Ao Answer the attached Contracts diagnostic essay question to the best of your ability. Submit your answer to me via e-mail (d.raths@gmail.com) by noon on Friday, January 8. Name your document as follows: LAST NAME.DIAGNOSTIC (RATHS.DIAGNOSTIC).

o Visit the National Conference of Bar Examiners (NCBE) Web site and familiarize yourself with the Multistate Bar Exam (MBE) and the Multistate Performance Test (MPT). In the MBE section, look at and print the outlines for all the MBE subjects. Look at the resources available for purchase and consider buying the online MBEs.

o Visit the State Board of Law Examiners (SBLE) Web site. Familiarize yourself with the requirements and deadlines you need to meet to sit for the Minnesota bar exam. Familiarize yourself with the Minnesota Essay Exam (MEE).

o Toward the end of the week, check the TWEN site for the course.

(2) Kuczewski & Pinkus, ETHICS CASEBOOK FOR HOSPITALS: PRACTICAL APPROACHES TO EVERYDAY CASES (1999) (hereinafter Ethics Casebook);

(3) Additional photocopied materials available at the bookstore and distributed throughout semester.

Bioethics pp. 1-23.

Albert R. Jonsen, “The Birth of Bioethics: The Origins of a Demi-Discipline,” 2 Med. Human. Rev. 9-21 (1997).

James F. Childress, “The Normative Principles of Medical Ethics,” in Medical Ethics 29-56 (Robert M. Veatch, 1997).

Daniel Callahan, “Communitarian Bioethics: A Pious Hope?” 6 The Responsive Community 26-33 (1996).

The required statutory supplement is Klein, Ramseyer, & Bainbridge, BUSINESS ASSOCIATIONS, 2009 STATUTES AND RULES.

Wednesday, January 13: 43 – 61, 73 – 82.

- Choper, Fallon, Kamisar & Shiffrin casebook (10th edition 2006): Prepare pages 292-323, 361-376.

- - Choper, Fallon, Kamisar & Shiffrin supplement (2009): Prepare pages 16-17.

http://www.cejp.org/classes/dl/tenbroek.pdf

- Elmore, Dianne L. and Lisa M. Brown. (2007). Emergency preparedness and response: Health and social policy implications for older adults. Generations 31 (4), 66-74.

- Burr, Jeffrey A. et. al. (2008). Economic well-being and welfare program participation among older adult immigrants in the United States. Generations 32 (4), 53-60.

- Rosenthal, Larry A. (2009). The role of local government: Land-use controls and aging-friendliness. Generations 33 (2), 18-25.

Note: Generations: The Journal of the American Society on Aging is available in full text in the William Mitchell online subscription databases accessible via the law library's website. Please see a librarian if you do not know how to use this resource.

Casebook: 27-31 (role of prices and markets; cost-benefit analysis).

Casebook: 38-40 (ecological perspectives).

Casebook: 50-53 (Hardin, “The Tragedy of the Commons”).

Casebook: 793-799 (land use controls and regulatory takings; evolution of regulatory takings doctrine; Penn Central v. City of New York).

In addition, Prof. Grose will assign various Minnesota statutes from Minnesota’s Probate Code which is available online at https://www.revisor.mn.gov/statutes/?id=524.

Introduction; The Probate Process

Read pp. 1-10, 16-49.

Bermann, Goebel, Davey & Fox casebook (2nd edition 2002): prepare pages 1-33.

For Evidence II, we will continue to use the Fisher Evidence casebook (2nd edition). That is the same book that you all used in Evidence I. We will also be reading a fair amount of material from outside the casebook, especially Minnesota state cases.

In this course, we will focus on doctrinal material not covered (or not covered thoroughly) in Evidence I. We will cover scientific evidence and expert testimony (Rules 701-05), authentication (Rules 901-02), and privileges (Rule 501).

We will begin the course by examining scientific evidence and expert testimony. This creates a little bit of a problem, since some of you already covered this to some extent in Evidence I, while some of you did not. As a compromise solution, we will work through a large amount of material fairly quickly on the first day. For the first day, please read/review:

1. Federal Rules 701-705.

2. Casebook pp. 680-707.

3. Casebook pp. 726-41.

4. Goeb v. Tharaldson, 615 N.W.2d 800 (Minn. 2000).

For those of you who have already covered some of this material in Evidence I, please skim and review it. For those of you who haven't covered any of this, please read it. I realize that this is an unusually long reading assignment, but it is necessary given the discrepancies in coverage between the different Evidence I professors. Also, you essentially have an extra week to do the reading, since we will not have class during the first week.

This course will be graded based on a variety of assignments. We will have one or two short writing assignments during the semester. We will also have a final examination, which will be at least part multiple-choice. I will give you more details on the first day of class.

Read Minn.Stat. §§ 517.01, 517.02, 517.03, 517.04, 518.01, 518.05, 518.055 and 518.06.

1. Read the three articles posted here. (26 page PDF)

2. Go to the FDA website and find the Food Materials.

3. Go to the USDA website. Find the APHIS page. Find the National Organic Program page.

4. Locate, read, and bring to class at least one news article on a food law issue that has been reported on within the last week.

5. Enroll on Blackboard and post an introduction on the Discussion Board if you have not already done so.

1. Health Law Cases, Materials and Problems (“Health Law”) Ch 1. Section 1

2. Please take a look at, and generally familiarize yourself with, the statute and regulations relating to GINA. You do not have to memorize the statute or regulations, and we will not be doing an in depth study of this statute or regulations. My purpose is that you be aware of the law and be able to think about it in the bigger context of the issues relating to defining sickness.

H.R. 493 (GINA: http://thomas.loc.gov/cgi-bin/query/F?c110:6:./temp/~c110ZiavZ7:e1638: .

http://www.genome.gov/Pages/PolicyEthics/GeneticDiscrimination/GINAInfoDoc.pdf.

http://edocket.access.gpo.gov/2009/pdf/E9-4221.pdf.

3. Similarly, please familiarize yourself with the anti-discrimination rules contained at: 29 CFR 2590.702

In this regard, see, also, http://www.dol.gov/ebsa/regs/fab2008-2.html.

In class problem: The Couple’s Illness (p.10).

Aleinkoff's 2009 IMMIGRATION AND NATIONALITY LAWS OF U.S. and Johnson's UNDERSTANDING IMMIGRATION LAW.

Read: Aleinikoff pp 192-237 & Zadvydas v. Davis 533 U.S. 678 (US 2001) (read for discussion of Congress’ plenary power)

Skim: Johnson pp 89-115

Assignment Due: Class Preparation – A typed page containing 3 questions/discussion points for class. To be turned in at the end of class.

INTERNAL REVENUE CODE AND REGULATIONS

- TAXES IN PARADISE (the book)

- INTERNAL REVENUE CODE AND REGULATIONS

Everything else is provided on Blackboard under Course Documents. The materials fall into several categories:

- New Paradise letters -- these are available on Blackboard under Course Documents

- Cases, some Treasury Regulations, and Revenue Rulings

- Handouts and Practice Problems

You can print these out one at a time, or you can print out whole modules. Note: We will not cover all of these materials. In general, you should read the assigned cases unless I tell you otherwise, but we will not have time to discuss them all in class.

- For Monday, 1/11, please read Module I: Basic Income Tax Concepts.

- For Wednesday, 1/13, please read Modle 1.A: The Tax Base

Weekly assigned readings and two-page maximum response to one study question-- Excellent/Pass/Fail (check plus/minus). Study questions to be assigned each week, due following week. Papers meet long-paper requirement.

(Note: Students should not purchase the 1st edition)

Supplement to Text (Supplement): 2009 Supplement to Entertainment, Media, and the Law (Thomson Reuters (West), 2009) [ISBN: 978-0-314-19964-5]; and

Course Document PDF (“Statutes 2010”; “Statutes 2010.pdf”): Barnum, James A., Entertainment Law: Selected Constitutional Provisions, Statutes, Regulations, and Rules (2010).

Recommended: Sheldon W. Halpern, Craig Allen Nard and Kenneth L. Port, FUNDAMENTALS OF UNITED STATES INTELLECTUAL PROPERTY LAW: COPYRIGHT, PATENT AND TRADEMARK (2007) (hereinafter “Port”).

http://www.uscourts.gov/rules/appel2007.pdf;

http://www.cafc.uscourts.gov/pdf/rules.pdf; &

http://www.supremecourtus.gov/ctrules/rulesofthecourt.pdf.

Review Federal Rules of Appellate Procedure 1, 3, 25, 28, 30, 32 & 34

Review Federal Circuit Rules 1, 3, 25, 28, 30, 32 & 34

Review Supreme Court Rules 10, 18, 24, 25, 26 and 28

b) We will begin discussing the History of American Labor Law to put the class in a historical, legal, social and political context.

Reading: Text, Begin “A Brief History of American Labor Law,” pp. 11-67.

Each student is required to prepare a brief, one page writing self-assessment. Include your name and turn in your assignment by emailing it to Jennifer at (jennifer.miller@wmitchell.edu) by Friday, January 8, 2010. The writing self-assessment should include one paragraph on each of the following three subjects:

1.) Your writing strengths,

2.) Your writing weaknesses, and

3.) What you hope to work on this semester to improve your writing.

For the first class, read the three short articles posted on Blackboard, as well as the syllabus (to be posted on Blackboard by January 6, 2010).

Mnookin, BEYOND WINNING.

Read pp 1-10 in the Mnookin Text ("Beyond Winning").

Read article #1 (“Opening Statement: The Vanishing Trial”) in the supplemental materials.

The syllabus will be distributed in class Tuesday.

2) Read Continental Western Ins. Co. v. Klug, 415 NW2d 876

-AND-

Lastowka and Hunter, "Laws of Virtual Worlds," Sections I and III (skip Section II for now)

-AND-

Register for this course on Blackboard.

Moore’s Patent Litigation Strategy.

1. The opinion does not include a photograph of the product. Do you think you have ever seen the vaporizer that caused the injury? Almost every family (including mine) had one, might there be one in your grandparent's attic? How do you visualize it? How do you visualize the claimed defects? Complex or simple product? Rocket science or engineering 101? What would a strict liability cause of action add?

2. Andrea was only 3 years old when she was injured, do you think Andrea's parents were at fault? Could you bring a claim against them in 1967? Would the parents' homeowners insurance have to pay a judgment? If you represented 3 year old Andrea today, and the law allowed it, would you include them as defendants? If you represented the defendant manufacturer, would you third party them in?

3. The Supreme Court's adoption of 402A was obviously meant to be a significant change in the law. What did strict liability add to the claim that negligence did not have? What did the Court have in mind in the bolded language below. (My emphasis.)

If traditional commercial contractual limitations, such as the requirement of notice or the doctrine of privity, were applied to this case, defendant's liability upon the ground of breach of an express warranty could not be upheld. Plaintiff would be denied recovery despite adequate proof that the vaporizer was 'in a defective condition unreasonably dangerous to the user'; that plaintiff was injured thereby; and that defendant represented the vaporizer as 'safe' and did everything by advertising and otherwise to induce that belief while creating the risk and reaping the profit from its sales. Recovery would be denied unless, as here, the injured plaintiff is able to investigate fully, hire experts, and marshal evidence sufficiently persuasive to convince a jury that evidence of elaborate precautions employed by the manufacturer to make its product safe did not measure up to the standard of reasonable care.

1/11: Read Lefcoe pp. 1-27, and be prepared to answer Questions 2 and 4 on p. 16.

1/12: Read Lefcoe pp. 29-47, and be prepared to answer Question 3(a) and (b) on p. 16.

STAT: 2009 SECURITIES REGULATION, SELECTED STATUTES, RULES AND FORMS Cox, Hillman & Langevoort (Aspen Publishers)

MALKIEL: A RANDOM WALK DOWN WALL STREET, Burton G. Malkiel, W. W. Norton, 2003 (Paperback), Chapters 1, 2, 3, 4, 8 and 11

Chapters 1, 2, 3 and 4 of B.G. Malkiel's book A Random Walk Down Wall Street-----skim pp. 53 to 81.

Chapter 1, pp. 1-18 and Chapter 3, pp. 93-106 of Cox, Hillman & Langevoort, Securities and Regulation: Cases and Materials (6th Ed.2009)

1/14 (Th): pp. 17-38 (up to 3. Scope of . . .), 65-66.