Course Descriptions
First Year Courses & Curriculum
Civil Procedure
#182 - 5 credits
Civil Procedure focuses on the Federal Rules of Civil Procedure as they govern a civil lawsuit, addressing both constitutional and statutory questions of procedure. The course will address how courts have jurisdiction to hear a case, including the topics of subject matter jurisdiction, personal jurisdiction, and the removal and transfer of claims between courts. The course will also address the law that courts apply to resolve disputes, including the Erie doctrine. Civil Procedure covers rules relating to pleadings, notice and service of a complaint, the joinder of parties, the basics of discovery, motions to dismiss, res judicata, collateral estoppel, and appealability. Students will complete the course having gained a strong understanding of how a civil lawsuit proceeds through federal court.
Constitutional Law I
#150 - 3 credits
This course introduces you to the constitutional system of the United States and the modes of thought and criticism appropriate to constitutional law. It will provide a broad introduction to the Supreme Court’s constitutional decisions to ascertain the political values and processes it has defended historically, the standards it has developed to implement its principles, and its relationship to other institutions in the American political system. The course will focus on three major themes of constitutional law: the role of the Supreme Court (“judicial review”), the relationship between the national government and the state and tribal governments (“federalism”), and the structure of the national government (“separation of powers”).
Contracts I
#120 - 2 credits
Contracts I is the first part of a two-semester Contracts course. The two-semester Contracts course generally covers the principles that govern the formation and performance of legally enforceable promises, as well as the consequences for failure or refusal to perform legally enforceable promises. The focus for the first part of the two-semester course is on contract formation, including offer and acceptance; the concept of "consideration," which is generally required for the formation of a contract; substitutes to consideration for enforcement of promises; the issues and challenges that arise during the period of contract negotiation; standard form contracts; and the statute of frauds.
Contracts II
#122 - 3 credits
Contracts II is the second part of a two-semester Contracts course. The focus for the second part of the two-semester course is on subject matter relating to the contents of a contract, such as considering what extrinsic evidence will be considered when determining the terms of a contract, how the express terms of a contract may be supplemented or explained, what terms the law will imply, and when the terms of a contract will be deemed to have been modified; when the law will intervene in the enforcement of an otherwise enforceable contract, including a review of illegality, public policy and unconscionability; remedies for breach of contract; and excuses for nonperformance.
Criminal Law
#140 - 3 credits
Analysis of general doctrines of criminal liability and the relationship between those doctrines and the moral and social problems of crime. Includes definitions of principal crimes and defenses to criminal prosecution and consideration of limitations on the use of criminal sanctions.
Lawyering Skills I
#160 - 3 credits
This course is designed to teach the first-year law student the fundamental skills of legal research, analysis, and written and oral communication, as well as introduce the rudimentary principles of the American legal system. Students will learn how to research, analyze, and predict the likely outcome of legal problems and then will communicate their predictions through a number of commonly used legal vehicles, including law-office memoranda. Methods of instruction include lecture, individual and small-group writing conferences, group exercises, and written critique. The course begins before the other first-year courses to provide a foundation for those other courses.
Lawyering Skills II
#162 - 2 credits
This course builds on the legal analysis, research, and writing skills that students acquired in Lawyering Skills I. Students will continue to develop those skills while shifting from objective analysis to persuasive analysis, with a focus on both written and oral advocacy. Working with hypothetical fact patterns, students will gain experience in fundamental advocacy skills such as writing a court brief, conducting an oral argument, and working with clients, co-counsel, and opposing counsel.
Professional Foundations
#180 - 2 credits
This course introduces students to concepts of professional role, identity, and practice for lawyers. A key objective of the course is to assist students in beginning to cultivate a reflective mindset about professional life in the law and to develop the habits needed to exercise sound professional judgment as lawyers. Students will develop the skill of practiced self-reflection in legal settings and, in exploring the kind of lawyers they want to become, deepen their ability to apply their professional values in the practice of law.
Property
#172 - 4 credits
This course examines the origins and contours of modern property law in the United States. Major topics include: the acquisition and extent of rights in real property (land and buildings) and personal property (everything else); private and governmental limits on owners' uses of real property; methods of transferring interests in property; the nature and extent of current and future interests in real property; co-ownership and marital interests in real property; the rights and responsibilities of concurrent owners of real property; covenants and easements on real property; contracts for the sale of land; land deeds and titles; and Landlord-Tenant law.
Torts
#111 - 4 credits
This course introduces students to civil actions for personal injuries, property damage, and other compensable wrongs including wrongful death. The course specifically includes a discussion of intentional torts, negligence actions, and strict liability. The course will also address limits on monetary damages and common defenses to tort actions like consent, assumption of risk, and contributory negligence.
First Year Curriculum
Fall Semester Courses
- Contracts I (2 credits)
- Lawyering Skills I (3 credits)
- Criminal Law (3 credits)
- Professional Foundations (2 credits)
- Civil Procedure (5 credits)
Spring Semester Courses
- Contracts II (3 credits)
- Lawyering Skills II (2 credits)
- Constitutional Law I (3 credits)
- Property (4 credits)
- Torts (4 credits)
Second and Third Year Courses
Administrative Law
#210 - 2 credits
This course reviews the legal doctrines that empower and constrain the “fourth branch” of government—administrative agencies. Primary emphasis is placed on case law developed at the federal level; state law is covered where it differs substantially from its federal counterpart. Major topics include the creation of administrative agencies, agency use of power and limits on that power, public and individual participation in agency processes, and judicial review of agency action. Grades will be based on a final in-class exam.
Advanced Legal Ethics
#236 - 3 credits
In many ethical decision-making situations that a practicing lawyer will encounter, the ABA Model Rules of Professional Conduct do not provide a single answer. Instead, a lawyer often has discretionary choices to make in responding and acting in a given situation while still complying with the requirements of the Rules. In this course on Advanced Legal Ethics, students will be continually challenged to think critically and carefully about legal ethics and moral responsibility. We will study and actively discuss foundational concepts of moral philosophy and jurisprudence, and apply those concepts by analyzing questions and problems involving lawyers and ethical challenges they face as persons in the legal profession. We will relate the ethical and moral concerns raised by the assigned readings, questions, and problems to the Rules studied in Professional Responsibility. We will also devote our attention to several works of world literature and film with important lessons to teach us about legal ethics and moral responsibility in the lives of practicing lawyers. Students will be graded based on (1) a scholarly paper on a topic relating to legal ethics, which will also satisfy the required 2L Intensive Writing Experience; and (2) class participation and professionalism.
Advanced Legal Research
#280 - 2 credits
Advanced Legal Research will teach students to be efficient, thorough, and cost-effective legal researchers. Students will learn how to find and use the core sources of legal information, both primary and secondary, including: statutes, cases, administrative regulations and decisions, other executive branch materials, legislative history, constitutions, court rules, and secondary sources. Students will also learn how to research non-legal and interdisciplinary materials relevant to the law. Coverage will focus primarily on federal legal research and state legal research (with a special emphasis on North Dakota and Minnesota). Time permitting, sessions on municipal legal research and tribal legal research may also be provided. Both paid and free legal research resources will be examined.
Advanced Torts
#323
The course will in greater detail examine tortious theories against property and persons with specificity toward products liability, misrepresentation and choice of law conflicts with respect to jurisdictional considerations. Further, the course will take a closer look at how tort law intertwines with other core areas of the law such as property, contract and constitutional law and that these areas work in concert and sometimes in conflict with each other in the broader legal environment.
Advanced Trial Advocacy
#397 - 3 credits
Advanced Trial Advocacy offers students who have exhibited advanced skills and acumen at trial advocacy an opportunity to improve, practice, and hone those skills in an experiential learning environment that simulates the intensity of a real trial. The course provides a unique opportunity to students who are drawn to trial advocacy work to practice their advocacy skills and receive individualized feedback in a concentrated time span. The intense instruction culminates in a regional trial competition that requires students to make strategic decisions, think on their feet, present themselves well under pressure, understand the law (both procedurally and substantively) in a full-trial experience, and receive input and feedback from the course professor, invited on-site guest judges, and lawyers and judges from several states in the competition region.
Agricultural Law
#201 - 2 credits
This class will focus on common legal issues agriculture producers and agribusinesses encounter. The course will include such topics as real estate law, agricultural leases, commodity contracting and marketing, common agricultural dispute resolution systems and issues in North America, secured transactions as it relates to agriculture, real property, cooperatives, and succession planning issues and the impacts on the family farm. This class should be taken by anyone who has an interest in agricultural law issues. A farm background is not necessary to succeed in the class or in an agribusiness law practice.
AI and the Law
# [TBD] - 2 credits
The class will be a survey of the intersection between AI and the law. It is designed to be useful and interesting not only to those whose practice will focus on technology but to business lawyers who will inevitably deal with AI issues, and those simply curious about how AI promises to change our legal system, legal practice, and everyday life.
As a two-credit course, we are limited in the amount of material we can cover on the extensive topics relating to AI and the law. The goal of the course is to provide you with an overview of the key issues relating to AI’s collision with the law, while avoiding the burdens that accompany diving deeply into each subject matter. In that way, the course provides a foundation from which students can gain broad perspective on AI and the law and offers initial direction for students interested in more closely examining particular legal issues surrounding AI. Some of the topics we will cover include AI’s intersection with tort liability, privacy, the First Amendment, contracts, intellectual property, the criminal justice system, and the judiciary. For the avoidance of doubt, you do not need any scientific background and none is assumed—curiosity and interest in this area are the only expectations.
Air Pollution Law and Regulation
# [TBD] - [TBD] credits
Air pollution prevention and regulation is an integral part of Environmental Law and essential to the health, safety, and well-being of society. Energy and industrial activities are critical aspects of the modern economy. Although, externalities from the energy, transportation, and industrial sectors contribute significantly to air pollution and environmental issues. Focusing primarily on these sectors, the course will survey the legal, policy, and regulatory approaches to prevention and cleaning up air pollution in the US context. First, the class will consider the basic tenets of environmental law and regulation as a means for controlling air pollution. Second, it examines the key legal and regulatory programs relating to air pollution, especially as provided under the Clean Air Act (CAA). Third, the class will explore the major sources of air pollution, the innovative control technologies available, as well as the role of designated institutions such as the Environmental Protection Agency (EPA) in setting relevant standards and rules, facilitating policy objectives, and assessing the impact of adopted measures for air pollution control and regulation.
Airline Labor Relations Law
Law #348 / AVIT 517 - 3 credits
This course is an exploration of the impact and application of the Railway Labor Act and the National Labor Relations Act as they pertain to commercial airline operations in the United States. The role of international labor law, arbitration and alternate dispute resolution, global business trends, federal discrimination law, state labor laws, pension benefits, Chapter 11 bankruptcy reorganization, drug and alcohol testing, application of The Sarbanes-Oxley Act, and technology developments, among other topics, are discussed. The primary focus of this course is on the federal labor statutes, although distinctive state rules and statutes are covered as well. Course requirements will include class participation, small group assignments, a labor negotiation and a final exam.
Alternative Dispute Resolution
#281 - 2 credits
This course provides an overview of the regional dispute resolution methods of mediation, negotiation, arbitration, custody investigation, early neutral evaluation, parenting time coordination, and collective bargaining. Students will learn how to use and effectively participate in dispute resolution processes as a neutral third party. This course includes practical, skill-building exercises and presentations in an experiential learning environment.
Bankruptcy
#282 - 3 credits
This course is designed to provide a comprehensive overview of federal bankruptcy law. The course briefly examines some key elements of state debtor/creditor law at the outset of the semester, and then moves on to more deeply examine consumer and business bankruptcy.
Bar Exam Preparation (Reading, Writing, and Analysis Skills for the Bar Exam)
#344 - 3 credits
This course involves preparation of students for the bar review and exam process with a focus on improving reading, writing, and analysis skills to approach and do well on practice bar exam questions, including essay, multiple-choice, and performance questions. The course will cover a few specific topics tested on the bar exam with additional emphasis on refining memorization skills and learning how to self-assess understanding of concepts. The course is NOT intended to be a comprehensive review of the black letter law covered in law school, or a substitute for a commercial bar preparation course and dedicated study in the time period immediately preceding the bar. It is open to 40 third year law students and will be graded on a Satisfactory/Unsatisfactory basis. The principal assessed assignments will be regular in and out of class exercises, practice examination questions, and a timed "mini- bar exam" to be administered during the final examination period. and the class will adhere to a strict attendance policy. The course fulfills the Level II Skills requirement.
Business Associations
#254 - 4 credits
This first course in the Business Associations sequence represents an introduction to business law. This course is designed for those with no exposure to business issues, as well as those with a business background who need to understand how the law regulates structured economic activity. This course covers issues related to the law of agency and unincorporated entities, including general and limited partnerships and limited liability companies (LLCs). The course will also provide an introduction to corporations, including fiduciary duties, the scope of limited liability protections (i.e., piercing the corporate veil, alter-ego liability), and an introduction to basic federal securities laws.
Business Associations II
#213 - 3 credits
The course will be a continuation of the curriculum of Business Associations I by
examining the common duties under the law imposed upon officers, directors and shareholders;
changes in control of the business entity; derivative litigation and dispute resolution;
indemnification and insurance; proxy regulation; tender offers; and insider trading
and securities fraud. Additional subjects will include Sherman Anti-Trust violations
and civil RICO actions. The course will cover distinct subject matter that is different
from Business Associations I.
Business Associations I is not a pre-requisite to enrolling in this course. This is
a 3 credit course and will be graded by a closed book and closed material comprehensive
essay exam given at the end of the semester.
Carrigan Cup
#561
The Carrigan Cup Intramural Trial Competition is a one-credit, experiential course, designed to develop students’ competence and confidence in court. The goal of the course is to build foundational trial skills. These skills include how to analyze a case, develop and implement a case theory, prepare and examine both lay and expert witnesses, make and respond to objections, and deliver opening statements and closing arguments.
Conflict of Laws
#257 - 3 credits
The practice of law in the 21st century will increasingly require lawyers to advise and assist clients in cross-border and multi-jurisdictional legal matters involving a “conflict of laws.” In this course, students will study the principles and standards courts have applied in resolving “conflict of laws” problems. Conflict issues typically arise when significant facts concerning a matter litigated in state court have connections with more than one state, when federal courts adjudicate state law claims, or when a party seeks recognition of a judgment in a jurisdiction other than where the judgment was entered. The course will focus on choice of law in state and federal courts; the scope and enforcement of state, federal and foreign judgments (including claim and issue preclusion); and constitutional limitations on courts in making decisions on these matters. Conflict of Laws is among the subjects identified for testing on the Uniform Bar Exam, and the course will cover selected Civil Procedure topics (such as choice-of-law doctrine in federal diversity actions and preclusion doctrine) that also are regularly tested on that exam. Grading is based on a comprehensive final examination and consideration of class participation.
Constitutional Law II
#238 - 3 credits
This required course introduces students to the constitutional system of the United States and the modes of thought and criticism appropriate to constitutional law. It provides a broad introduction to the Courts constitutional decisions to ascertain the political values and processes it has defended historically, the standards it has developed to implement its principles, and its relationship to other institutions in the American political system. The course focuses on the following themes of civil rights and civil liberties: the right of privacy, equal protection, free speech, fundamental rights, economic due process, and takings.
Criminal Advocacy
#293 - 2 credits
This course will provide students with hands-on opportunities to learn and develop practical skills related to different phases of a criminal trial (e.g., preliminary examination, bail hearings, motion hearings, etc.). While advocacy skills will be emphasized, this course is designed to supplement, not substitute for, subjects covered in other trial advocacy courses. Class exercises will include conducting discovery, drafting and litigating motions, conducting witness examinations, and engaging in settlement negotiations. Evidence and Criminal Procedure are pre- or co-requisites for this course. Enrollment is limited; preference will be given to students who have completed Evidence and Criminal Procedure, then to third-year students generally. This course will be graded on an S/U basis, and attendance at each class session is mandatory.
Criminal Procedure I
#218 - 3 credits
This course will cover the constitutional rights and actual practices associated with criminal investigations from the occurrence of the crime to trial (the exclusionary sanction, constitutional doctrines relating to law enforcement conduct, issuance and execution of arrest and search warrants, detentions of persons and related searches, "warrantless" searches, electronic surveillance, interrogation and confessions, undercover investigations, grand jury investigative functions, and eyewitness identification).
Criminal Procedure II
#286 - 3 credits
This course will cover: Prosecution and Adjudication (The Initial Appearance and Detention, Discretion to Prosecute, The Preliminary Examination and the Grand Jury, Right to a Speedy Trial, Competency to Stand Trial, Discovery and Disclosure, Right to an Impartial Trial, Joinder and Severance of Charges and Defendants, Double Jeopardy, Pretrial Hearings and Related matters, Adjudication of Guilt by Plea, Adjudication of Guilt or Innocence by Trial, Effective Assistance of Counsel, Sentencing, and Appeal and Collateral Attack), as time permits. Criminal Procedure I is not a prerequisite.
Cybersecurity
#416 – 3 credits
Attorneys must have a solid understanding of cybersecurity to protect themselves and their clients against cyberthreats. In fact, the standards for attorney ethics and professional responsibility require attorneys to be knowledgeable about cybersecurity, and attorneys are required to implement sound cybersecurity into their practices. This course will cover the fundamentals of cybersecurity, which include the following: cybersecurity ecosystems and categories of cyberthreats; data security regulations and enforcement actions; industry-specific cybersecurity mandates; cybersecurity and corporate governance; federal cyber structure and public-private cybersecurity partnerships; cybersurveillance; international and comparative cybersecurity laws; cyberwarfare; cybersecurity planning and cyberattack response; cybersecurity litigation; and attorney best practices for cybersecurity. Students will complete the course having gained a solid understanding of the cybersecurity landscape, and students will be well-prepared to protect themselves and their clients from ever-increasing cyberthreats.
Drones and the Law
(Law #350 / AVIT 526)
This course introduces students to the laws and policies governing UAS operations including flight regulations, remote sensing issues, and data and cybersecurity issues related to UAS. The class scope of inquiry includes US and international law and examines both civil and military use.
Drug Use: Criminal Law, Policy, & History
#291
This course will introduce students to the major legal and policy issues regarding illegal drug use. In doing so, it will first provide a historical background on drug use within the United States and then spend the majority of its sessions considering the laws and policies that govern illegal drugs. Alcohol, tobacco, and caffeine regulation will also be considered. While focused on drug use in the United States, the course will also address drug law and policy internationally.
Employment Discrimination
#203 - 3 credits
Federal and state laws protect workers from discrimination based on certain characteristics, and require employers to base employment decisions on factors other than, for example, a person’s sex or race. Employment discrimination is an area of law that is applicable in every jurisdiction, to every person who has an employer, owns or operates a business, or is looking for a job. This course will cover the major federal statutes, and time permitting, state statutes and common law theories, upon which litigants suing for adverse employment actions can rely.
Energy and Mining Law
#362 - 3 credits
The mining of natural resources for energy production and the supply systems developed as a result are integral to modern living standards. This course surveys the energy law and policy framework in the US, North Dakota, and relevant international contexts. It looks at how energy from primary sources, such as coal, oil, gas, nuclear water, wind, and the sun, are extracted, transported, and converted into secondary and useful energy. The course explores the physical, market, and legal structures governing each energy resource, including models of regulation and policy governing their utilization. The laws and policies designed to promote energy efficiency, renewable and alternative forms of energy such as geothermal and hydrogen are also studied. Course grades will be based on course participation and a final take-home examination.
Environmental Law
#263 - 3 credits
This course surveys the major federal statutory programs restricting private and governmental activities that may adversely affect human health and the environment. The course examines the common law origins of environmental law, “regulatory” schemes designed to prevent activities from causing excessive environmental harm, and “remedial” schemes designed to clean up or remedy environmental harms. Major topics include the structure of Federal, State, and Indian tribal governmental power over the environment, air, and water quality, and hazardous waste disposal and cleanup. Course grades are calculated based on class participation and a reflective paper on a topic assigned on the first day of class. The paper is not eligible for the school’s graduation writing requirement.
Estate Planning
#287 - 2 credits
This simulation course examines various problems encountered in the planning and administration of an individual's estate. Included are such issues as the drafting of wills and trusts, the use of the marital deduction, lifetime gifts, testamentary trusts, the selection of trustees, valuation problems, apportioning the tax burden, the charitable deduction, deferred compensation plans, and life insurance. The course grade will be determined by take-home writing assignments designed to simulate actual work assignments.
Evidence
#222 - 4 credits
In this required course, students will study the rules that govern the admissibility of evidence in American trials. The course will examine the concepts of relevance, hearsay, and character evidence; issues relating to opinion evidence and the reliability of expert testimony; rules governing the admissibility of physical and digital evidence and devices designed to ensure an orderly and efficient trial; the federal common law of privileges; and constitutional provisions impacting the admission of evidence at trial. Because of their prominence and their pervasive influence on the development of rules for state courts, as well as their importance for bar preparation purposes, the course will focus primary attention on the Federal Rules of Evidence.
Externship Class (Learning from Practice)
#557
The Externship Program requires both in-class sessions (Law 557: Learning From Practice) and an out-of-class placement experience (Law 555, 563, 564, 565 & 550). The Learning From Practice sessions are the required in-class sessions that accompany the out-of-class field placement/externships of Externship I, II, III & IV and the Legal Practicum. These class sessions, along with your field placement/externship experience, are intended to bridge your professional competence from law student to practicing lawyer, and your professional skills from classroom to workplace. In particular, the class sessions are designed to help you to build professional skills and habits, including reflective learning and intentional professional development, that will serve you throughout your legal career.
At the end of your field placement/externship experience, you will have gained the experience of working as a practicing lawyer in a real-world setting. Through the Learning From Practice class sessions, you will have leveraged your field placement/externship experience to (1) develop your professional identity, (2) gain perspective on the role of ethical and effective attorneys in our legal systems, (3) practice and hone professional skills, including communication, public speaking, interpersonal interactions, problem solving, time management, and attention to detail, (4) address issues related to ethics, cultural competence, and professionalism in the context of a legal practice, and (5) successfully progress from an academic environment to a professional workplace.
Externship I - IV
variable credit
This program offers credit for students selected as externs within the various placement sites (including both state and federal agencies). Students selected for this program are required to work the requisite number of hours within the placement site in order to receive credit.
Family Law
#265 - 3 credits
This course examines the creation, legal significance, and dissolution of family relationships. Major topics covered may include: the substantive and procedural requirements to marry; the rights and responsibilities of married couples; the divorce process; the allocation of child custody; the financial consequences of dissolution (including property distribution, spousal support, and child support); non-marital families; and the formation and dissolution of the parent-child relationship (including adoption, surrogacy, and the termination of parental rights). This course combines both a substantive and a practical focus; teaching methods include a mixture of readings, lectures, videos, quizzes, in-class exercises, group work, and guest speakers.
Family Law Clinical Practicum (I-IV)
#461 / #462 / #463 / #464
Family Law Clinical Practicum I & II is a two-semester course sequence (Fall 1 credit/Spring 4 credits). The FLCP focuses on the development of practical and transactional skills to see family law and/or guardianship cases through from potential client interview to final judgment. The student attorney performs all tasks while under the supervision of a North Dakota licensed attorney. The student attorney will engage in client interviews, witness preparation, preparation and attendance in mediation, court appearances, document management, and preparation of pleadings. Continuation in FLCP III (4 credits) and FLCP IV (4 credits) is permitted with instructor approval.
Federal Courts
#267 - 3 credits
This course examines the nature and scope of federal courts’ authority in the American system of government, including their role as fora for vindicating federal rights, and the relationship of federal courts with state and local governments and state courts. In particular, we will explore the constitutional foundations of federal judicial power and principles of justiciability; basic and advanced concepts relating to federal subject matter jurisdiction; the law applied in cases in federal courts in both diversity cases (the Erie doctrine) and non-diversity cases (e.g., federal common law and implied private rights of action for federal statutory violations); and doctrines of federalism integral to defining and limiting the roles of federal courts, such as state sovereign immunity, abstention, and related doctrines limiting federal jurisdiction and authority. Grading is based on a comprehensive final examination and consideration of class participation.
Federal Indian Law
#204 - 3 credits
This course builds on Constitutional Law I (constitutional structures, separation of powers, and federalism) to explore the special status of Indian Tribes and Indians under United States law. Topics include: the historical development of Indian law and policy, from their origins in international law, to their domestication, to new conceptions of international human rights; determining who is an “Indian” and what is an “Indian Tribe,” and whether such distinctions are constitutional; the scope of Federal power and Federal responsibility in Indian affairs; and the collective rights of Tribes to land, water, and other property interests.
First Amendment
#302 - 3 credits
This course is intended as a survey of the substantive law of the First Amendment - the Establishment and Free Exercise of Religion Clauses, and the Freedom of Speech, Press, Assembly, and Petition Clauses. We will also explore the philosophical underpinnings of First Amendment jurisprudence from its inception to the modern day. Our ultimate goal is to enhance students' ability to create and critically analyze constitutional arguments, both orally and in writing. The grade for the course will be principally based on a paper and on demonstrated oral skills in the form of class participation, exercises, debates, and presentations. This course satisfies the Upper-level Legal Writing Requirement. There will be no examination.
Gender and the Law
#242 - 3 credits (Prof. Ernst)
Gender and the Law provides an opportunity for students to explore a wide variety of legal issues concerning gender, which intersects with nearly every other legal issue—such as those related to the judicial system (e.g., judges, juries, witnesses, law enforcement, lawyers, law firms), employment, taxation, health, the environment, education, athletics, the military, immigration, indigenous rights, sexual harassment, sexual orientation, gender identity, international law, and so on. This course also enables students to review numerous bar-tested subject areas, such as constitutional law (e.g., the First Amendment regarding freedom of expression and freedom of religion, the Fourteenth Amendment regarding equal protection), criminal law (e.g., domestic violence, sexual assault), family law (e.g., marriage, divorce, reproduction, parenthood), and torts (e.g., invasion of privacy). Meeting online, once-per-week, in the evening enables lawyers, judges, and other experts to give presentations and interact with students in this course. To make this seminar both practical and economical, we will utilize free online resources instead of a casebook. To enable students to explore an issue of personal interest in greater depth, each student will select a topic on which you will write a legal research paper analyzing a problem concerning gender and the law and proposing legal solutions. Therefore, please think about what aspects of gender and the law you are interested in studying that combine with your other interests for your legal career. Grades are based on the research paper along with class participation and professionalism. This course may be used to fulfill the second-year writing requirement.
Health Law
#303 - 3 credits
This course will provide a comprehensive review of state and federal laws associated
with cost, quality and access in the delivery of health care throughout the United
States. The focus will be on how regulations and laws are utilized to ensure compliance
for health care providers and health care institutions, including the professional-patient
relationship; legal liability for health care professionals and institutions; discrimination
and unequal treatment in health care; public health care financing programs; tax-exempt
health care organizations; and specific population health and public health law regulation.
Federal laws such as the False Claims Act; Anti-Kickback Statutes; Stark Laws; and
laws addressing fraud and abuse in health care will also be covered. In addition,
the course will cover sensitive subjects such as medically assisted suicide, organ
transplantation and the determination of death.
Students will master an understanding of these concepts and how the law is utilized
in the delivery of health care. Students will be evaluated for grading purposes on
a series of written materials assigned by the instructor and will be expected to select
an appropriate topic approved by the instructor for research and writing in lieu of
an exam.
Housing Discrimination Law
#346 - 3 credits
Federal and state laws forbid discrimination in all housing-related transactions (including sales, rentals, financing, insurance, and zoning). Housing discrimination law applies in every jurisdiction, to every person who seeks a home, and to businesses that affect residential properties. A foundational knowledge of these issues is especially recommended for lawyers working in government, real estate, and civil rights contexts. Neighborhoods powerfully shape residents’ access to social, political, and economic opportunities and resources. This course explores the nature, extent, consequences, and causes of housing discrimination and segregation. We also will examine the nature and adequacy of the legal framework enacted for the purpose of ending discrimination and segregation in housing. Evaluation will be based on written reflections on the readings, class participation, and completion of a written book review. There will be no final exam.
Immigration Law
#219 – 3 credits
This course explores the law of the admission of foreign nationals into the United States, their treatment and status while here, and the processes of deportation and naturalization. Constitutional, statutory, and regulatory sources of law will be considered, in both their substantive and procedural aspects. Additionally, we will situate the law and its socio-historical and cultural context. Grading will be based on a final paper.
Income Taxation
#226 - 3 credits
This course is intended to give students an understanding of the fundamental concepts underlying the U.S. individual income tax. Examination of the concept of gross income and net income, including investigation of what constitutes income, when it should be taxed, to whom it should be taxed, and its character as unearned, earned, or capital gain income. Deductions and their nature as genuine or as artificial deductions are considered in detail. The course will focus on the statutory framework of tax law, Treasury Regulations and Rulings and illustrative judicial authorities.
Indian Law and Tribal Law Seminar
#324 - 3 credits
There are three components to this course.
(1) Research: The practice of Indian and Tribal Law often requires familiarity with treaties, tribal codes, tribal court decisions, and other authorities you might not have learned about in Lawyering Skills. The first part of the course will focus on finding and becoming familiar with these legal authorities. Students will demonstrate their research skills by compiling a “legal history” of a federally recognized tribe.
(2) Writing: Building on the research skills developed in the first part of the course, students will select a topic (with faculty guidance) in Indian Law or Tribal Law and write an article suitable for publication in a bar journal on that topic. Readings will demonstrate the forms that bar journal articles take, and serve as examples for student pieces, while also exposing students to a wide variety of Indian law topics. Students will turn in and refine multiple drafts of their article, so that by the end of the semester each student should have a piece suitable for publication in The Gavel (the journal of the State Bar Association of North Dakota) or another similar publication.
(3) Presentation: Attorneys often are called on to present for continuing education or in other professional settings. For the final unit of this course, students will turn their article into a presentation, which they will present to the class, allowing each student to learn from each other’s research.
Fulfills 2L intensive writing requirement.
Prerequisite: Federal Indian Law, or concurrent enrollment in either Tribal Law or Jurisdiction in Indian Country, or consent of instructor.
Indian Child Welfare Act
#294 - 2 credits
This course will combine an academic and historical analysis of the Indian Child Welfare Act with an examination of how native children are treated in the legal system in the child welfare area, as well as other areas (health care, education, and child support enforcement). The final grade will be based upon the students writing a brief for an Indian tribe, Indian parent, adoptive parent, or other party to an ICWA proceeding in an actual case that has been litigated or completing a comprehensive paper. Students will have the opportunity during the class to hear from tribal leaders, native persons who have been adopted out, and others about the historical displacement of Indian children from their Tribes and the impact of this legacy.
Indian Country Environmental Law
#340 - 3 credits
This course examines how the confluence of federal environmental, administrative and Indian Law creates, but may also solve, environmental injustice in Indian countries. For Indigenous Peoples who seek to maintain connections with their ancient spiritual and religious cultural traditions, effective protection of the natural environment is critical to their cultural identity. The course examines the various Indian country approaches taken by the US Environmental Protection Agency (EPA), including treating Indian tribes “as states,” and the federal cases brought by states and non-Indians challenging EPA’s and tribes’” authority to make binding value judgments about Indian country environmental protection. This seminar fulfills the intensive writing requirement.
Indian Gaming Law
#276 - 3 credits
What is Indian gaming, and how did it turn into a multi-billion dollar industry and the most prominent public policy issue concerning Native Americans today? Framed by tribal sovereignty and the federal Indian Gaming Regulatory Act of 1988 (IGRA), this course examines the substantive law governing Indian gaming, as well as the broader political context of reservation economic development through gaming. In just over two decades, Indian gaming has become a $26.5 billion industry with some 440 casinos operated by 230 tribes in 28 states. The course will explore the history of tribal gaming, substantive provisions of IGRA as well as other pertinent federal, tribal, and state law, and the continuing development of case law, statutory and administrative law, and, of course, politics. Topics include regulatory authority, casino-style gaming and tribal-state compacts, socioeconomic effects, revenue sharing, and "off-reservation" gaming.
Innocence Project
#570 – 2-3 credits
Working with Prof. Morrison and lawyers from the Innocence Project in Minneapolis, students will investigate current prisoners’ claims of innocence. They will gather documents from prior attorneys, courts, and other entities, review those documents, identify further steps for investigation, and take those steps. They will also study and apply the relevant law on post-conviction review for claims of actual innocence and related law. This course provides the opportunity to work on actual individuals’ criminal cases and learn how the criminal justice system operates in the real world. Enrollment is by application only.
Insurance Law
#269 - 3 credits
The course provides a comprehensive introduction to those laws on the business of insurance. The focus will be on basic insurance contract foundations such as first-party and third-party coverage, liability insurance and insurance regulation. Further, the course will examine the duties of insurers and the insured with respect to the insurance contract. It will extend to several lines of insurance such as property, bodily injury, general liability, health, life, ERISA, professional lines, subrogation and environmental coverage. Students will have an introduction to concepts relating to reinsurance and fronting arrangements between and among insurance companies.
Intellectual Property
#295
More than ever, intellectual property (IP) plays a critical role in our society. It governs our rights, liabilities, and freedoms with regard to innovation, market control, and artistic expression. For many companies, it represents the key assets, majority of net worth, and bedrock for competitive advantage. This course surveys the fundamental aspects of the four main areas of IP law: patents, trademarks, copyrights, and trade secrets. It is intended for those interested in a career in IP, those planning to work in business, and those looking to gain a basic understanding of the subject. No scientific background is required or expected.
Intensive Legal Reading, Writing, and Analysis
#248 - 3 credits
Intensive Legal Reading, Writing, and Analysis is designed to help students hone and strengthen the reading (such as reading comprehension, critical thinking, issue spotting, and rule identification), writing (both objective and persuasive), and rule-based analysis/problem-solving skills that are required for maximum achievement in law school, on the bar exam, and in subsequent practice. To achieve these goals, students will complete practical exercises individually and in small groups, as well as longer writing assignments, for which they will receive extensive feedback. Exercises will concern legal reading, exam taking, and both objective and persuasive legal writing. Grades will be derived from class exercises, class participation, and the writing of an objective memorandum and persuasive trial brief. This course satisfies the Upper Level Legal Writing Requirement.
Prerequisites: Successful completion of Lawyering Skills I and II.
International Business Transactions
# 252 - 2 Credits
This course surveys the legal regimes, rules, procedures, institutions, and issues regarding international business transactions and foreign investments. First, the class will learn about the transactional issues arising from the sale of goods across national borders by private actors. Such matters arise from agreements regarding the licensing and financing of agency and distributorship, import and export controls, extraterritorial application of domestic law, dispute resolution, etc. Second, the class will examine the legal and regulatory framework governing foreign direct investments, including bilateral and multilateral treaties, concessions, and international joint ventures, in the context of industries such as energy, agriculture, natural resources, and mining. Third, students will review project financing arrangements, local content and corporate social responsibility regulation, and risk management provisions as they impact international business transactions.
International Human Rights Advocacy
#235 – 3 credits
International Human Rights Advocacy is designed to be a fun and engaging seminar spanning the four weekends in February (including a total of five intensive, day-long classes). As a highlight of this course, we will visit the Canadian Museum for Human Rights in Winnipeg, Manitoba, Canada. Therefore, students must have a valid passport during the spring semester and be able to travel to Canada (e.g., no criminal record, including DWIs). We adapt this course each year to meet the specific interests of the students, who help select the human rights issues and countries we will explore (including the United States and Canada). No textbooks are required for this course—instead, we use free on-line and library materials. This seminar enables students to enhance transferrable skills sought by all legal employers, such as research, writing, and editing. Grades are based on a research paper on a topic relating to international human rights law, along with class participation and professionalism. This seminar will satisfy the required 2L Intensive Writing Experience. No prior knowledge of international law is necessary—everyone is welcome.
International Petroleum Transactions
#321 - 2 credits
This course examines the legal issues and structure of international transactions relating to the exploration, production, and marketing of petroleum (oil and gas). Petroleum is a source of energy and feedstock for products used in essential economic and industrial processes worldwide, including manufacturing, agriculture, and domestic applications. Consequently, crude oil, in particular, has been a globally traded commodity for decades, while regional or local natural gas markets have become increasingly interconnected and international. In this class, students will learn how crude oil and gas are exploited and marketed worldwide. The course covers how countries establish sovereignty over petroleum resources and how host governments or national (state-owned) oil companies contract with private companies to explore and develop oil and gas resources. Students will review key provisions of model contracts between international oil and gas companies and agreements between such companies and service contractors that facilitate petroleum exploration, development, and marketing. Additionally, students will learn about the dynamics of public and private international law with oil and gas transactions as the context. The class will examine topics such as the extraterritoriality of US anti-bribery laws, managing political risks and the role of bilateral investment treaties, protecting indigenous and human rights, and regulating community impacts.
Jurisdiction in Indian Country
#256 - 3 credits
This course examines the overlap of Tribal, State, and Federal jurisdiction on Indian lands, with attention to criminal law and law enforcement powers; the powers of (and limitations on) Tribal, State, and Federal courts; the power of Tribes to regulate the activities of non-Indians in Indian country, and the power of States to regulate the activities of Indians outside of Indian country; and jurisdiction-regulating statutes in fields such as Indian child welfare, Indian gaming, and environmental law.
Federal Indian Law or Tribal Law recommended, but not required.
Law & Technology
Course #TBD - 3 credits
Law & Technology is a survey course that will expose students to an array of contemporary areas where law and technology intertwine, including: cybersecurity, computer crimes, privacy and information law, electronic discovery and digital evidence, artificial intelligence and machine learning, technology and attorney ethics, the regulation of cyberspace, and the effect of legal rules on technological innovation.
Law Practice Management
#243 – 3 credits
In Law Practice Management, students will address the following: perceptions of the legal profession, legal profession trends, law office operations, legal products and services, case planning, fee contracts and arrangements, common ethical concerns and methods of avoidance, civility in the profession, marketing and promotion of legal services, firm performance evaluations, law firm financial analysis, strategic planning, modern law office technology, pro bono obligations, and law office human resource management.
Law Practice Technology
#317 - 2 credits
Technology is drastically changing the face of legal practice. In this course, students will learn about current and emerging legal technologies, ethical issues surrounding the use of technology in a legal environment, and what they need to know to use, plan for, and manage technology in practice. Topics of coverage may include: the use of artificial intelligence in legal research, writing, and contract review; how “big data” is impacting legal practice; using and advising on the use of social media; best practices in E-Discovery; protecting client privacy; evaluating and managing technology; and the ethical mandates associated with the use of legal technology. No prior technology experience is required.
Law Review
#551 – 1 or 2 credits, variable by semester and role
The North Dakota Law Review is a scholarly journal of commentary on current legal problems of interest to the North Dakota bench and bar and the legal profession generally. Published at least three times each year, all material in the North Dakota Law Review is edited by a student Board of Editors and Associate Editors (3Ls). Students who are Members (whether they start in their 2L or 3L year) gain experience in legal research and accurate written expression by writing a Case Comment and a Note (for possible selection by the Board of Editors to be published in the North Dakota Law Review), and by assisting the Editors in the preparation of articles for publication. The North Dakota Law Review is the journal of the State Bar Association of North Dakota.
Legal Research and Writing for Practice
3 credits; course number TBD
Legal Research and Writing for Practice develops legal-writing skills through frequent
research and writing assignments involving documents commonly drafted in law practice.
The course runs like a fictional law firm wherein the curriculum consists of client
files. The first assignment for each file is to research and write about the client’s
issue. Each successive assignment tracks the document path that the client’s issue
would take through the legal system. Students will draft documents such as client
engagement letters, advice letters, demand letters, complaints, answers, motions to
dismiss, responses to motions, affidavits, motions for summary judgment, settlement
letters, motions to suppress, fee applications, blog posts, and contracts.
The key to student learning in this course is frequent practice and personalized feedback.
There will be a weekly writing assignment. Students will have individual conferences
with the professor each week at the same day and time, during which the professor
coaches students on their particular strengths and weaknesses, giving them a solid
research and writing foundation with which to confidently begin practice right after
law school.
This class is an online, but synchronous course. A few weeks we will meet synchronously
on Zoom as a class at the time in the course schedule. But most weeks students will
meet individually via Zoom with the professor to receive feedback, talk through client
issues, and receive the next assignment. Individual meetings will be scheduled during
class time as much as possible, however, depending on the number of students enrolled,
some students may have to meet during a mutually agreeable time outside of that instead;
in any event, students’ assigned meeting time will be the same day and time every
week.
Legislation
#309 - 3 credits (Prof. Ernst)
Legislation affects every area of law. Lawyers must understand how judges interpret statutes in order to make the strongest arguments in court on behalf of their clients. Lawyers must also interpret statutes to advise their clients on how best to attain their clients’ goals while complying with the law. Clients also frequently call upon lawyers to advocate on their behalf before legislative bodies to influence statutory reforms or to enact new legislation. This course provides law students with the practical and legal skills necessary in each of these situations at both the state and federal levels. These skills are also highly valuable when working with city governments and municipal ordinances, as well as tribal governments and laws. It is designed to be a fun and interactive seminar that fulfills the required 2L Intensive Writing Experience. This course also fulfills the prerequisite for the Legislative Externship Program with the North Dakota Legislative Assembly.
Modern Real Estate Transactions
#285 - 3 credits
Study of the contracting process in real estate transactions; deeds and deed covenants; recording issues; title insurance and abstracts of title; and mortgage loans, foreclosure, and other real estate financing issues.
Moot Court
#553 - 1-2 credits
The Moot Court Association provides interested students the opportunity to participate in an appellate moot court intra-school competition. During the past few years, members of the Association also have participated in the National Moot Court Competition and various regional competitions. Members of the Association may serve as advisers and judges for first-year students participating in the course in brief writing and appellate advocacy.
Moot Court Board
#552 - 2 credits
National Security Law/Homeland Security Law
#291 - Spring 2022
This course will introduce students to the major legal and policy issues regarding national security law and homeland security law. It will address the fundamental powers of the United States government in national security matters and then examine how these powers apply in various contexts. Homeland security law will also be addressed in this course, including how homeland security law applies in disasters.
Natural Resources Law
#315 - 3 credits
This course surveys the major federal statutory programs and state law regimes governing property rights in natural resources on public and private lands. Topics covered include Wildlife and Biodiversity, Rangelands, Protected Lands, Wetlands, Hard Rock Minerals, and Forests. In particular, the course compares various approaches to federal resource management, including the cross-boundary regulation of endangered species and wetlands, the multiple-use mandates of Bureau of Land Management lands, and the notion that nature can be preserved by setting it aside in wilderness areas and national parks. The course also addresses state responsibilities for natural resources management (focusing on the public trust doctrine) and issues raised by the regulation of natural resources on private lands (focusing on the constitutional takings doctrine). A persistent theme is the question of development versus preservation. Grading is based on class participation and a research paper on a topic selected by the student.
Oil & Gas Contracts and Regulation
# [TBD] - 3 credits
This course surveys contractual provisions and frameworks for upstream oil and gas production operations and midstream (processing, storage, and supply) activities in the US. The class will consider mineral rights, title issues, and interests that underpin oil and gas contracts in the US and North Dakota. This includes the review of Leases, Farmout Agreements, Drilling and Service Contracts, Joint Operating Agreements, Gas Purchases, and Supply Agreements. The class will include seminars on regulating gas pipelines, storage, and processing facilities, including an overview of health, safety, and environmental (HSE) regulations in oil and gas production. Essential HSE provisions in selected agreements, leases, and relevant policies will be examined. Course grades are calculated based on class participation and a final take-home examination..
Oil & Gas Law
#217 - 3 credits
This course takes a comprehensive approach to oil and gas law in the United States and North Dakota in particular. Oil and Gas law draws deeply on Property and Contract law principles relating to the determination of rights and obligations in oil and gas resources. Students will learn the Law governing ownership, development, conservation, marketing, and transfer of interests in oil and gas. The class will explore various forms of property interests typically created in oil and gas resources, including a landowner’s interest, the creation of mineral leases, the rights, and duties between lessor and lessee, etc. Students will also be introduced to the contractual and legal issues for natural gas production and midstream supply considerations for upstream producers. Course grades are calculated based on class participation and a final take-home examination.
Oil & Gas Resources and Taxation
# TBD - 2 Credits
This course will examine the taxation law and policy issues arising from the acquisition, development, and investment in oil and gas resources. Students will learn about exploration, production, and abandonment of mineral rights and interests in oil and gas and the applicable taxation regime. Although the emphasis is on U.S. federal income taxation of domestic oil and gas transactions, the class will survey relevant international tax aspects of the oil and gas business ventures.
Postconviction Remedies
#300 - 3 credits
This course is designed for students who are interested in pursuing a career in criminal law. This course will familiarize students with procedure in the criminal justice system that takes place after a criminal trial or a guilty plea. It will cover appeals in state and federal court, postconviction motions and petitions in state court, and motions for new trial and petitions for writ of habeas corpus in federal court. While students interested in pursuing a career in criminal law should find this course very useful, this course will not focus on subjects tested on the bar exam.
Poverty Law
#228 - 2 credits
This course examines the intersection of law and poverty in the US with any eye towards what legal remedies exist to confront poverty in this country, what legal issues contribute to poverty, and how our legal system serves as an agent of change for the impoverished. The class examines how the constitution treats the poor, what federal entitlement programs exist to address poverty, and the factors contributing to poverty that are amenable to legal challenges such as education, healthcare, and consumer laws. The student will either write a comprehensive final exam or complete a paper on a topic approved of by the instructor.
Pretrial Practice (civil)
#410 - 3 credits
The majority of civil litigation is not resolved at the trial level, but instead at the pre-trial level. Competent pre-trial preparation is the key to a successful civil litigation practice. The course will familiarize the student with pre-trial practices and procedures through a combination of lectures, guest lectures, reading assignments and pre-trial activities in a mock civil case. Students will become familiar with the relevant Rules of Civil Procedure and other pre-trial techniques, including client interviewing and counseling, witness interviewing, informal discovery techniques, litigation planning, expert development and discovery, pleadings, interrogatories, depositions, requests for production of documents and things, requests for admission, pre-trial motion practice, settlement strategies, settlement brochures, settlement conferences, pre-trial conferences, and settlement agreements. The class emphasis will be pre-trial skills development in a mock civil case.
Pretrial Practice (criminal)
#411 - 3 credits
This course will explore the critical pretrial processes in a criminal case from initiation to resolution by plea agreement/sentencing. Students will gain a broader understanding of effective methods both prosecution and defense can use to reach more favorable results for their clients short of trial. From initial review of case file materials, exercise of follow-up investigation, and making of charging decisions to the actual drafting of a criminal Complaint and Affidavit, this course will outline the considerations of charging crimes responsibly and accurately. From a defense perspective, the course will identify viable discovery and evidentiary challenges with subsequent drafting of the appropriate motions/responses. Finally, students will produce written plea agreements and sentencing memorandums to bring the case to a natural conclusion and focus on written advocacy at all stages of the pretrial process.
Privacy Law
#258 - 3 credits (Final Exam & Group Project/Presentation)
This course examines the law of information privacy, an individual’s right to control their personal information held by others. The aim of the course is to understand how courts and Congress seek to protect information privacy as new technologies and institutional practices emerge. The course traces the origins of the right to information privacy in American law through constitutional law, tort law, and modern statutory law. Case studies of landmark privacy legislation illustrate how expectations of privacy are translated into legal frameworks. The course looks at recent controversies involving cell phone tracking, drones, social media monitoring, and internet connected devices. The course also considers the impact of the European privacy directive, the growth of the Internet, and the availability of cryptography and other Privacy Enhancing Technologies on the future of privacy law in the United States.
Professional Responsibility
#232 - 3 credits
In this required upper-level course, students will study the law that governs lawyers and the legal profession. The course will focus on the ABA Model Rules of Professional Conduct and selected provisions of the Restatement (Third) of the Law Governing Lawyers, and devote attention to lawyers’ civil liability for malpractice, the bar admissions process, and the functioning of the lawyer discipline system. Our class discussions will analyze the various kinds of ethical decisions lawyers confront in their practices, and how the law governing lawyers impacts those decisions. We will also consider the roles of lawyers in our society and the ethical and moral dimensions of those roles.
Race & Justice
#270 - 2 credits
Race and Justice is an examination of what role race plays in the administration of justice in the United States starting with an analysis of how race was used as a legal construct to elevate the legal standing of certain persons over others based upon race and then how racial disparities continue to exist in our criminal and civil legal systems as a by-product of that era. The course focuses heavily on race in the criminal justice system by examining the impact of the War on Drugs on persons of color and the interaction between the police and people of color. The course offers the option of a final exam or a comprehensive paper on a topic to be approved by the instructor.
Remedies
#209 - 3 credits
Parties seek legal advice and litigate for a reason. In the end, they expect to receive something—money, injunctive relief, or both. Knowing how to achieve a successful outcome to a legal problem is a critical skill for any good attorney. This course examines the nature of legal and equitable remedies available to parties under various substantive rights. It builds on core concepts from contracts, torts, property, and civil procedure to offer a new, integrated perspective to the law by blending theory and practice. We will study the key principles of remedies, including compensation and punitive damages; equitable remedies, including injunctions and contempt powers; restitution and unjust enrichment; declaratory judgments; and equitable defenses.
Remote Sensing Law and Policy
(Law #352 / SPST 575)
This course focuses on the evolving laws, policies, and institutions that have long-term ramifications for earth observations. Some topics addressed are the United Nations Principles on Remote Sensing, the U.S. Land Remote Sensing Policy Act of 1992, the commercialization of remote sensing activities, as well as manned and unmanned aerial remote sensing systems and their intersection with criminal and civil law. The course will also analyze current and developing remote sensing law, regulations, and technological capabilities, and their implications for both legal and cultural conceptualizations of privacy. At the U.S. domestic level, this will involve 4th Amendment jurisprudence, privacy laws, and case law.
Sales (UCC 2)
#214 - 3 credits
This course covers a variety of law relating to commercial transactions involving sales, leases, and licensing. The course is largely about statutory contract law concerning sales of goods as found in Article 2 (Sales) of the Uniform Commercial Code. This includes the requirements for a valid contract, how the terms of a contract will be interpreted, what constitutes breach of contract, what constitutes breach of warranty, and what remedies may be had. In addition, the course will consider fraud and other tort law relevant to sales transactions, federal law concerning warranties, UCC Article 2A regarding leases of goods, and licensing of intellectual property. Key emphases are on problem solving and navigating statutes.
Secured Transactions
#223 - 3 credits
This course is a study of the law that defines the relationship between different types of creditors and debtors. It will provide an understanding of the rights and obligations accompanying security interests in personal property as well as of other transactions which fall within the scope of Article 9 of the Uniform Commercial Code. This course contains content that will assist you in your preparation for the bar exam.
Social Justice Lawyering: Legal Writing, Skills, and Values
#325 - 3 credits
(Qualifies as a 2L Intensive Writing Requirement Course)
Social Justice Lawyering focuses on the wide array of lawyering skills necessary for practice in the 21st century, including critical analysis and problem solving, team lawyering, and cross-cultural competency. The course challenges students to grapple with law as a social construct and its impact on historically marginalized groups in society. The course combines traditional legal research and writing curriculum using simulation-based writing assignments with real-life work on a social justice service project for a community non-profit organization or agency. The course is designed to be introspective, interactive, and applied. The purpose of the service project is to encourage students to become engaged in broader social justice communities and proactive in pursuing paid or pro bono work that focuses on social justice after graduation from law school. In addition, the course introduces students to lawyering skills including client interviewing and counseling, fact development, and negotiation. And finally, the course incorporates discussions of professional identity, professionalism, and the values of cultural competence and reflection.
Space Law
Law 351/SPST 565
This course serves as a graduate-level introduction to the field of Law as applied to Space Law. The course examines the origins and evolution of the laws of outer space from the beginnings of the space age to the present. International laws governing access and use of space, and national laws regulating governmental and commercial activities in space are reviewed and analyzed.
Transactional Drafting
#229 - 2 credits
This course focuses on the process and principles of drafting transactional (i.e., non-litigation) documents. Upper-level law students will learn about drafting and reviewing contracts that could be used in various contexts. We will examine basic concepts of contract drafting and then expand on those concepts to prepare, review, revise, and negotiate contracts. Students will learn the general components of drafting agreements and develop the skills necessary for writing and organizing contracts.
Transactional Negotiations
#247 – 2 credits
A legal career—either transactional, corporate, or courtroom based—often requires you to negotiate on behalf of your client. Excellent negotiators learn to forge long-term collaborations between both parties with the ability to create value for both sides. It is also important to learn how to identify potential risks within deal proposals to ensure that the deal structure does not create additional future issues. This course will help you hone negotiation skills through hands-on simulations. Even if you are already a skilled negotiator, we will be able to add to your current skill set.
Trial Advocacy
#297 - 3 credits
This course develops trial skills through a combination of lectures, demonstrations, and simulations. Students participate weekly as attorneys, witnesses, or jurors in mock trial situations. Subjects of study include trial and witness preparation, direct and cross examination, objections, foundations, opening statements, closing arguments, visual aids, impeachment, experts, problem witnesses, damages, and jury selection. The small size of the sections permits individualized instruction, and allows for each student to try a full-simulated jury trial near the end of the semester. Evidence is a prerequisite for this course. However, because the course is taught in the Fall, contemporaneous enrollment will suffice.
Tribal Economic Development
#279 – 2 credits
This course provides instruction on the intersection of federal and tribal laws that impact the planning, development and implementation of new businesses or the enhancement of existing businesses in tribal communities. Course instruction also pertains to the many statutory and common laws that may apply to businesses and professionals entering into business relationships with tribal governments and tribal businesses. This course will include application of the laws discussed.
Tribal Law
#278 - 2 credits
This course involves an examination of how Indian tribes legislate the law and adjudicate disputes that evolve in tribal communities. Instead of focusing on the relationship between the federal government and Indian tribes this course undertakes an analysis of how Indian tribes promulgate and enforce the law and how they interact with each other and state governments. Students will be given the option of writing a paper on a topic impacting this area or writing a judicial decision in an actual case in a tribal court utilizing the principles learned in the class.
Trusts and Estates
#230 - 4 credits
The general public assumes that all lawyers can do two things: try a case and write a will. Most lawyers can do neither. This course is designed to remedy that situation in part by introducing students to the basics of estate planning and administration. The course will cover: the law of intestate succession; statutory family protection schemes; restrictions on testation; the role, preparation, and construction of wills; the uses, creation, construction, and termination of trusts; rudimentary tax considerations in the estate planning process; the use of future interests; the mechanics of estate administration (including an examination of alternatives to probate); the role and responsibilities of fiduciaries; the role of the estate attorney.
Space Law
(Law #351 / SPST 565)
This course serves as a graduate-level introduction to the field of Law as applied to Space Law. The course examines the origins and evolution of the laws of outer space from the beginnings of the space age to the present. International laws governing access and use of space, and national laws regulating governmental and commercial activities in space are reviewed and analyzed.
Water Law
#216 – 2 credits
While water is abundant upon earth, fresh water is its most precious natural resource. Water composes approximately 60% of the human body and human civilization rises or falls upon its control of water. This course will survey the laws controlling and allocating water in the US with a brief examination of the eastern Riparian system while emphasizing the study of water rights law under the Prior Appropriation system used by the western states. The course will cover water allocation in ND and the neighboring states of MN, SD and MT and the course will explore in some detail the adjudication, change, and transfer of in-basin and transbasin waters under Colorado’s Water Court system. The course will also touch upon federal and Native American water rights, reuse of water, drainage matters, differences between surface and ground water methods of allocation, interstate allocation of water (compacts), environmental and quality considerations, economics and value of water rights, title and ownership (property aspects) of water rights, and private and governmental water supply organizations. Students will be expected to complete reading assignments, prepare a short research paper, and participate in class when called upon. Grading will be based upon the final exam (75%), the research paper (20%) and class participation (5%).
White Collar Crime
#319
This 3-credit course will cover what is traditionally called ‘white collar crime,’ which includes corporate and individual liability, mail/wire fraud, honest services fraud, securities fraud, health care fraud, bribery, and other crimes. This course will also hope to introduce students to the structures of various business concepts relevant to North Dakota and similar states, such as corporations, Private Placement Memoranda, and agriculture. This course is great for anyone who wants to practice criminal law, but it will also be useful for anyone interested in business law, corporate law, investment law, and agricultural law.
Course listing last updated November 15, 2021