First Year Courses
Civil Procedure I - #182 - 3 credits
Civ Pro I focuses on the Federal Rules of Civil Procedure as they relate to a civil lawsuit. The course includes coverage of rules related to pleadings, notice and service of a complaint, the joinder of parties, the basics of discovery, motions to dismiss, appealability, and both res judicata and collateral estoppel. Students should finish the semester with a strong understanding of how a civil lawsuit proceeds through the federal court.
Civil Procedure II - #183 - 2 credits
Civ Pro II builds on Civ Pro I but focuses on where the lawsuit takes place and what law the court will apply to resolve the dispute. The course looks at both constitutional and statutory questions of procedure. Jurisdiction is the focus of the semester, and topics include subject matter jurisdiction, personal jurisdiction, the removal and transfer of claims between courts, and the Erie doctrine on choice of law.
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 - #130 - 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 - #110 - 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.
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 Civil Litigation - #292 - 2 credits
This two credit course (for second or third year students) explores procedural problems facing the modern litigator in handling cases of increasing complexity. We first examine the nature of complex litigation and discuss basic course themes and policy issues that will help place the procedural rules and cases in a legal and social context. Then we examine basic joinder principles, not only for their own value, but as a platform for understanding the ultimate joinder device and course centerpiece — the class action. There are no prerequisites (except, of course, Civil Procedure). There is a take-home final examination.
Advanced Legal Ethics - #236 – 3 credits (McGinniss) (Each Spring)
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, 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
The Advanced Legal Research class enables students to refine and expand their legal research skills. Topics covered include: North Dakota legislative history, federal legislative history, practitioner's resources, and non-legal resources. Includes Computer Assisted Legal Research (CALR): LexisNexis, WESTLAW, and the Internet.
Advanced Trial Advocacy - #397 - 2 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.
Airline Labor Relations Law - Aviation #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.
Advanced Business Associations - #213 - 2 credits
This course explores special issues relating to corporations. The course will discuss struggles for corporate control and provide an introduction to both friendly entity combinations (mergers and acquisitions) as well as hostile takeovers and defenses. Other topics include the role of disclosure in corporate governance, the federal regulation of tender offers, and insider trading. Business Associations is a prerequisite for this course.
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.
Business Associations - #212 - 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 Planning - # - 3 credits
This simulation course considers problems and transactions of business enterprises in a practical fashion, including planning, drafting and negotiating, principally on behalf of smaller and closely held businesses. Agreements and arrangements common to such businesses are examined in depth, including buy-sell, formation, and bank documents. Students will be assessed on the production of several documents common to the formation and operation of a business enterprise. While some corporate issues will be considered, the primary focus will be on the use of partnerships, LLCs, and sole proprietorships.
Clerkship & Case Codification - #361 - 3 credits
Each student will be given a legal issue(s) associated with an active or simulated case present in the tribal courts from our region. Under the supervision of the professor – the student will research the legal issue(s) and draft a bench brief suitable for presentation to tribal judges. As an additional component of this course, students will be trained to carefully read cases issued from tribal courts and will serve as annotators, assisting in the creation of a regional tribal reporter. After annotation, the cases will be scanned, organized, collected, and published electronically through the Northern Plains Indian Law Center and the University of North Dakota School of Law.
College Students and the Law - EDL #556 – 3 credits
This course provides an overview of key legal issues that pertain to college students. Using a legal frame and analysis, the focus of the course surrounds administrative decision making, effective practices, and organizational policy design and implementation.
Conflict of Laws - #257, 2 credits (McGinniss) (Spring 2018 Only)
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.
Constitutional Law II - #152 - 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.
Consumer Protection Law - #291, 3 credits
This upper level course examines modern case law and statutes that protect consumers from unfair and deceptive practices, with an emphasis on regulation of consumer financial transactions. The course covers a range of topics, such as consumer credit regulations, debt collection practices, and predatory lending. During the semester, we will examine how well our legal institutions respond to consumer protection concerns and how those institutions might respond more effectively. Additionally, because so much of consumer protection law is embodied in federal or state statutes, the course will incorporate statutory interpretation skills.
Corporate Drafting – Transactional Drafting
Creditor Law - #291 - 3 credits
This course is designed to provide a comprehensive overview of the law of bankruptcy. The course will start with a brief look at some key elements of state debtor/creditor law, then move on to the Federal Bankruptcy Code (which dominates this area of law). The bankruptcy portion of the class will look at both consumer and business bankruptcy.
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.
Employment Discrimination – 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.
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, current "regulatory" schemes designed to prevent activities from causing excessive environmental harm, and current "remedial" schemes designed to clean up or remedy environmental harms that do occur. Major topics include thestructure 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 on the basis of class participation and a reflective paper, noteligible for the School's graduation writing requirement, on a topic assigned on the first day of class.
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 (McGinniss) (Fall 2018)
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.
Extern Class - #557 - 1 credit
This one-credit, S/U graded class is required for all first-time participants in the fall or spring externship program. This discussion class will give participants the opportunity to discuss their experiences within their field placements and learn from the experiences of their peers, with particular treatment of issues of professionalism, confidentiality, ethics, and time/work management.
Extern Seminar - #555 - 2 & 3 credits
This program offers 2 or 3 credits 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.
Federal Indian Law - #204 - 3 credits
This course examines the United States' policies and laws regarding tribal governments and individual Indians. Major topics include: the origin and scope of federal power over Indian affairs, tribal governmental powers, tribal court systems, tribal property rights, limitations on state powers, and civil and criminal jurisdiction in Indian Country.
First Amendment - #302 - 2 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 - #268 - 3 credits
This course provides an opportunity for law students to explore a broad variety of legal issues related to gender, such as law related to employment, education, the military, the judicial system (judges, juries, lawyers, and law firms), criminal sentencing, sexual harassment, domestic violence, the First Amendment including free speech and religion, sexual assault, reproduction, family, gender identity, and international issues. The seminar includes practical, skills-building exercises and student-led discussions, as well as a final paper on a topic that each student selects based upon his or her interests.
Higher Education Law - EDL #552 - 3 credits
This course provides an overview of key legal issues that pertain to college students. Using a legal frame and analysis, the focus of the course surrounds administrative decision making, effective practices, and organizational policy design and implementation.
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, an effort will be made to seat immigration law within its historical, social, theoretical, and cultural contexts. Grading will be based on a final exam.
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 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 that may satisfy the writing requirement. 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 country. 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 U.S. 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 - 2 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.
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 - 3 credits
This course surveys the law that provides monopoly entitlements on intangibles, including copyright, trade secret, patent, trademark, the right of publicity, and various sui generis rights. We will also briefly look at significant ancillary issues, such as federal preemption and international treaty obligations.
Intensive Legal Reading, Writing, and Analysis - 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 Human Rights Advocacy – #235 – 3 credits (Prof. Ernst)
International Human Rights Advocacy is designed to be a fun and engaging simulation-based seminar that fulfills three credits of the experiential learning requirement. In this simulation, students work together in their roles as newly hired staff attorneys for a recently created non-governmental organization called Global Human Rights Advocates (GHRA). Among other projects, students will have an opportunity to visit the Canadian Museum for Human Rights in Winnipeg, Manitoba, Canada (optional) and to engage in service learning through the Global Friends Coalition. This seminar enables students to enhance transferrable skills that are in high demand by all legal employers. We adapt this course each year to explore the specific interests of the students, who help select the human rights issues and countries on which we will focus throughout the semester (including the United States and Canada). No textbooks are required for this course—instead, we use on-line and library materials. No prior knowledge of international law is necessary—everyone is welcome.
International Petroleum Law & Transactions - #291 - 1 credit
Jurisdiction in Indian Country - #256 - 3 credits
This course focuses on the jurisdictional nature of Indian Country. It broadly includes both the limits of criminal jurisdiction and civil jurisdiction in Indian Country. Criminal jurisdiction topics include questions about whether the tribe, state, or federal government can bring criminal charges, the special rules associate with public law 280, jurisdictional statutes including the Tribal Law and Order Act and the Violence Against Womens Act and the penalties imposed by tribal courts. Civil jurisdiction topics include the Montana decision and its progeny, the jurisdiction to tax, to regulate fishing and hunting, zoning, and the equal footing doctrine.
Law Review - #551 – 1 or 2 credits, variable by semester & role (McGinniss)
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.
Legislation - #291 - 3 credits
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, and is 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 intensive writing requirement. This course also fulfills the prerequisite for the Legislative Internship 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 credit
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
Oil & Gas - #217 - 3 credits
This course broadly covers the law and policy of oil and gas in the United States. It will provide a solid, broad-based foundation for those wishing to pursue specialist careers in the area and a comprehensive view of the subject for those expecting to encounter oil and gas issues collateral to a general practice. Included will be common law and typical statutory law relevant to ownership of rights, transactions in rights, regulation of exploration, and liability for damage. Because understanding the context of the law is as important as understanding the law itself, a significant part of the course will concern the science, technology, economics, and business of oil and gas. (No technical background is presumed.) We will also explore the politics and social effects of oil and gas development.
Postconviction Remedies - 3 creidts
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 - #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.
Professional Responsibility - #232 - 3 credits (McGinniss) (Each Fall)
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.
Professional Visions: Law, Literature, and the Role of Lawyers in the Social Order - #290 - 3 credits
This three-credit course (for second or third year students, with limited enrollment to help ensure a comfortable atmosphere for discussion) will explore the human dimensions of law and lawyering and the nature of professional relationships in legal settings. Through novels, short stories, legal essays, and films, we will discuss what it means to be a lawyer, the special role of lawyers and law in society, and the concrete dilemmas that lawyers face in developing their professional identities, exercising their professional judgment, and fulfilling their professional responsibilities. Examining these issues in a literary context and through other "non-case" sources creates unique opportunities for exploring the human and social consequences of legal action. The course will also provide a forum for discussing issues related to the transition from law student to practicing professional.
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.
Reading, Writing, and Analysis Skills for the Bar Exam - #291 - 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.
Remedies - #209 - 2 credits - McGinniss (Spring 2019 Only)
This course will closely examine the nature of relief available to parties that have established a substantive right. The subject matter includes: principles of compensatory and punitive damages and replevin; equitable remedies, including injunctions and contempt powers; restitution and unjust enrichment; declaratory judgments; ancillary remedies; and remedial defenses.
Sales (UCC I) - #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 - 2 credits
Secured transactions is a course that will be concerned with all aspects of security involving personal property, including creation of security interests, perfection, and priorities. The class will also discuss competing interests in property, creditors and trustees in bankruptcy. The class will examine security interests from their creation through default and collection on the collateral. The class will also discuss property that would be included within security interests and that which would be excluded from coverage under Article 9. The emphasis in this class will be on revised Article 9 of the Uniform Commercial Code and its coverage will also include the study of preexisting law and a discussion of federal bankruptcy law. Federal bankruptcy law is not a prerequisite to this course.
Transactional Drafting - #291 - 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 a variety of contexts. We will examine basic concepts of contract drafting and then expand on those concepts to draft, review, revise, and negotiate contracts. Students will learn the general components of drafting contracts and develop skills necessary for writing and organizing contracts.
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 Environmental Law Project - #554 - 1 credit
This one credit pass/fail course is designed as a practical skills-oriented course, intended to assist students in recognizing and serving client needs, in the context of real legal issues and problems. Acting as a small law firm with tribal clients, students will gain experience researching and analyzing in the areas of federal Indian law, federal environmental law, and federal administrative law.
This course complements other components of the Tribal Environmental Law Project, whose mission is to confront “environmental injustice” in Indian Country. Environmental injustice describes the reality that residents of Indian reservations often bear a disproportionately high risk of environmental pollution. The Project is devoted to ameliorating such injustice by providing legal and policy assistance to tribal governments developing environmental programs intended to protect the health and welfare of tribal citizens, tribal natural resources, and the quality of reservations and ceded lands.
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.