First Readings

First Readings

Spring 2015

This may not be an exclusive listing of all faculty members' first assignment and class meeting notices; some may post these notices directly on the bulletin board outside of Room 137 only. If you do not see a class that you are interested in listed below, it may be necessary to check the bulletin board for initial class assignments and meeting notices.

Index by Instructor

Baker/Conroy
Legal Research, Analysis, & Writing II (LAWS 534) Sections 003 & 004
Boyle
Wills, Trusts & Estates (LAWS 641) Section 001
Brown
Constitutional Law (LAWS 523) Section 002
Religion and the Constitution (LAWS 823) Section 001
Burkhard
Agency, Partnerships, & LLC (LAWS 611) Section 001
Property (LAWS 509) Section 003
Davis
Corporate Tax (LAWS 636) Section 001
Income Tax (LAWS 633) Section 001
Eichhorn
Advanced Legal Writing (LAWS 540) Section 001
Gupta-Kagan
Juvenile Justice (LAWS 797) Section 001
Hubbard
Land Use Planning (LAWS 651) Section 001
Law, Society & Justice (LAWS 768B) Section 001
Means
Liberty Seminar (LAWS 668) Section 001
Milligan/Parsons
Legal Research, Analysis & Writing (LAWS 534) Sections 007 & 008
Pratt
Federal Constitutional Convention (LAWS 835) Section 001
Legal & Equitable Remedies (LAWS 663) Section 001
Said
Criminal Procedure (LAWS 547) Section 002
Immigration Law (LAWS 627) Section 001
Samuels
Civil Procedure (LAWS 544) Section 002
Transnational Law (LAWS 784) Section 001
Seiner
ADR in Employment Law (LAWS 811) Section 001
Individual Employment Law (LAWS 630) Section 001
Snow
Property (LAWS 509) Section 001
Trademark Law (LAWS 713) Section 001
Stravitz
Civil Procedure (LAWS 544) Section 001
Religious Legal Systems: Jewish Law (LAWS 820) Section 001


Advanced Legal Writing (LAWS 540) Section 001
See Texts and First Day Assigment
Agency, Partnerships, & LLC (LAWS 611) Section 001
Instructor Names: Burkhard
Textbooks: Class materials available at the bookstore. Plus a statutory supplement (also available at bookstore). Note — if you have a SC statutory supplement from my corporations class, this will work fine for this class.
Wednesday: First class —
Please read Chapter 1, pages 1–34. However, skip all the notes — you do not need to read these. I will comment on some of the notes. Also please review the S.C. partnership statutes noted on page 1 of the materials.
ADR in Employment Law (LAWS 811) Section 001
Instructor Names: Seiner
Textbooks: ADR in the Workplace (3d ed.) (required) by Cooper, Nolan & Bates
Notes: Course Introduction
Reading: pp. 19-32, 921-922
Class Exercise re Expense Reimbursement
Civil Procedure (LAWS 544) Section 001
Instructor Names: Stravitz
Textbooks: Materials.
  1. Casebook: J.H. Friedenthal, A.R. Miller, J.E. Sexton & H. Hershkoff Civil Procedure — Cases and Materials (2013 Compact Eleventh Edition for shorter courses).
  2. Rules: 2013–2014 Civil Procedure Supplement by the casebook editors.
  3. Suggested Reference Materials:
    1. Black's Law Dictionary (current edition).
    2. E. Chemerinsky, Federal Jurisdiction (current edition).
    3. Clark, The Law of Code Pleading (2d ed. 1947).
    4. Green, Basic Civil Procedure (2d ed. 1979).
    5. Friedenthal, Kane & Miller's Civil Procedure Hornbook (3d ed. 1999).
    6. James, Hazard & Leubsdorf, Civil Procedure (5th ed. 2001).
    7. Moore's Federal Practice (2d ed. 2000) (multi-volume).
    8. Wright & Kone, Law of Federal Courts (7th ed. 2011).
    9. Wright & Miller, Federal Practice & Procedure (3d ed. 1998) (multi-volume).
    10. Nutshell Series:
      • Kane-Civil Procedure (current ed.);
      • Ehrenzweig-Louisell & Hazard, Jurisdiction: State & Federal (current ed.);
      • Karlen, Procedure Before Trial (current edition); and
      • Casad, Res Judicata (current edition).
    11. *Glannon, Civil Procedure: Examples and Explanations (current edition) (Aspen Law & Business).
    12. Freer, Civil Procedure (Wolters Kluwer current edition).
    13. Teply & Whitten, Civil Procedure (current edition).
    14. Shreve & Raven-Hansen, Understanding Civil Procedure (current edition).
    15. I do not recommend commercial study aids, such as Smith's Gilbert's, Emanuel's and the Black Letter Series, but if you want to use commercial study aids, I have no objection. If they help you, by all means, use them. I do, however, vehemently object to the use of canned briefs, such as "Casenote Legal Briefs." You may not bring canned briefs to class.
Wednesday: January 7, 2015
  • Introduction and Background Casebook pp. 1–34, Personal Jurisdiction, Pennoyer v. Neff, pp. 35–46
Thursday: January 8, 2015
  • Expansion, Casebook pp. 46–49
  • A New Theory, pp. 49–56
  • Specific Jurisdiction & State Long-Arm Laws, 56–61
Civil Procedure (LAWS 544) Section 002
Instructor Names: Samuels
Textbooks: (1) the two-volume coursepack (which will be the primary source of materials for the course and which contains the syllabus and course instructions) and (2) the Federal Rules of Civil Procedure 2014 (book published by Foundation Press). DO NOT PURCHASE A USED COPY OF THE COURSEPACK OR AN OLD OR DIFFERENT VERSION OF THE RULES — both the coursepack and the Rules change every year, and we will refer to the Foundation Press version of the Rules.
Wednesday: For our first class, please carefully read the introductory materials in Volume 1 of the coursepack (in particular, the syllabus and course instructions) AND Assignment 1. Do not just skim the introductory materials and syllabus — be familiar with them for our first class. And be ready to jump right in with Assignment 1 — we won't waste any time.
Constitutional Law (LAWS 523) Section 002
Instructor Names: Brown
Wednesday: First day assignment will be posted on class TWEN site
Corporate Tax (LAWS 636) Section 001
Instructor Names: Davis
Thursday: Schwarz & Lathrope: Pgs 2–15, 25–37
Articles (posted on Twen):
Wall Street Journal & Avi-Yonah
Problems: None
See notes
Criminal Procedure (LAWS 547) Section 002
Instructor Names: Said
Textbooks: Comprehensive Criminal Procedure by Allen, Hoffman, Livingston, Stintz, and Leipold (3rd ed. 2011)
Wednesday: Pages 1–26.
Federal Constitutional Convention (LAWS 835) Section 001
Instructor Names: Pratt
Textbooks: See syllabus
Notes: Register on TWEN site.
Immigration Law (LAWS 627) Section 001
Instructor Names: Said
Textbooks: Immigration and Refugee Law and Policy by Legomsky and Rodriguez (5th ed. 2009)
Thursday: Pages 1–25 and xv–xviii.
Income Tax (LAWS 633) Section 001
Instructor Names: Davis
Thursday: Donaldson and Tobin: Preface, 1(A), & 1(B)
Article (posted on Twen): "Tax Time"
Individual Employment Law (LAWS 630) Section 001
Instructor Names: Seiner, Joseph
Textbooks: Employment Law: Cases and Materials (5th ed.) by Willborn, Schwab, et al.
Notes: Introduction Reading: pp. 3-11
Juvenile Justice (LAWS 797) Section 001
Instructor Names: Gupta-Kagan
Textbooks: Barry C. Feld, Cases and Materials on Juvenile Justice Administration (4th Ed.). As noted via email in December, I've arranged with West Academic to provide the excerpts from the casebook that I will assign for a reduced rate. Students should purchase those excerpts (instructions are in the syllabus).
Wednesday: For the first class on Wednesday, Jan. 7:
  • Please register for the course on TWEN
  • Read the materials entitled "1 7 15 Casebook readings" on the "Class Readings" tab on TWEN.
  • Review the syllabus, which will also be posted on TWEN.
Land Use Planning (LAWS 651) Section 001
Instructor Names: Hubbard
Textbooks: Unless otherwise indicated, page numbers refer to the casebook written by Ellickson, Been, Hills, & Serkin Land Use Controls (4th ed. 2013).
Wednesday: Jan. 7; Zoning — Modern, pages 45–50; 57–68; 83–84.
Thursday: Jan. 8; Zoning — Owners' Rights/Constraints on Zoning, pages 84–99; Discrimination / Substantive Due Process, pages 99–104; Competition, pages 110–117.
Tuesday: Jan. 13; Continued, pages 117–127; Arbitrary Fiscal Burdens, pages 127–137.
Notes: SYLLABUS — As the semester progresses, the dates on this syllabus may be shifted in order to accommodate the schedules of guest lecturers.
NOTE — Unless otherwise indicated, page numbers refer to the casebook written by Ellickson, Been, Hills, & Serkin Land Use Controls (4th ed. 2013).
Law, Society & Justice (LAWS 768B) Section 001
Instructor Names: Hubbard
Textbooks: Bowie & Simon, The Individual and The Political Order (4th ed. 2008)
—Introduction, pp. 1–7
—Chap. 1, pp. 9–12
Wednesday: Jan. 7;
  • Problem 1 Introduction to Dispute Resolution; Supplementary Materials: Problems, Discussions and Questions (see NOTE (1);
    —Preface
    —Chapter One
    (Problem 1 and Decision, Discussions and Questions following problem.)
  • Bowie & Simon, The Individual and The Political Order (4th ed. 2008)
    —Introduction, pp. 1–7
    —Chap. 1, pp. 9–12
Thursday: Jan. 8;
  • Problem 1 Introduction to Dispute Resolution; Supplementary Materials: Problems, Discussions and Questions (see NOTE (1);
    —Preface
    —Chapter One
    (Problem 1 and Decision, Discussions and Questions following problem.)
  • Bowie & Simon, The Individual and The Political Order (4th ed. 2008)
    —Introduction, pp. 1–7
    —Chap. 1, pp. 9–12
Tuesday: Jan. 13;
  • Problem 1 Introduction to Dispute Resolution; Supplementary Materials: Problems, Discussions and Questions (see NOTE (1);
    —Preface
    —Chapter One
    (Problem 1 and Decision, Discussions and Questions following problem.)
  • Bowie & Simon, The Individual and The Political Order (4th ed. 2008)
    —Introduction, pp. 1–7
    —Chap. 1, pp. 9–12
Notes: (1) Where no source is identified, pages in syllabus refer to these materials.
Legal Research, Analysis & Writing II (LAWS 534) Sections 003 & 004
Instructor Names: Baker/Conroy
Notes:
  • Our first class meeting will be on Thursday, January 8, 2015.
  • Check the First Day Assignment folder on TWEN to find materials on Demand Letters. Read those materials for our first class meeting.
Legal Research, Analysis & Writing (LAWS 534) Sections 007 & 008
Instructor Names: Milligan/Parsons
Wednesday: Read the material on Demand Letters, which is posted on TWEN
Legal & Equitable Remedies (LAWS 663) Section 001
Instructor Names: Pratt
Textbooks: See TWEN site
Notes: Register on TWEN site
Liberty Seminar (LAWS 668) Section 001
Instructor Names: Means
Monday: (1) Pericles, Funeral Oration (available at http://ancienthistory.about.com/library/bl/bl_thucydides_funeral.htm) and (2) Henry David Thoreau, Civil Disobedience (available at http://thoreau.eserver.org/civil.html)
Property (LAWS 509) Section 001
Instructor Names: Snow
Textbooks: Casebook - Property: A Contemporary Approach (2d ed.) by John Sprankling & Raymond Coletta
Wednesday: Reading: Pages 1-25 from the casebook.
Property (LAWS 509) Section 003
Instructor Names: Burkhard
Textbooks: We will use Dukeminier & Krier, Alexander, Schill, & Strahilevitz, Property, Concise Edition (2014) (this is referred to as the "Text"). We will from time-to-time use supplemental material. Most of the supplemental material will be distributed through the TWEN system.
Wednesday: For the First Assignment please read the Text, pages 114–116 (that deals with "adverse possession.") Ask yourself, "In 2015, is the doctrine of adverse possession a good thing or a bad thing?"
During the first class we will spend most of the time discussing Van Valkenburgh v. Lutz. This case is posted on the class TWEN site. If you have any problem accessing this, please check with the librarians.
In regard to Van Valkenburgh, please do the following.
  1. Please prepare a complete written "brief" for this case which should identify (1) the critical facts, (2) the issues in the case, (3) the analysis and reasoning each judge used to determine who should win, and (4) the conclusions and holdings of both judges.
    You are to bring your "brief" to class, either on paper or on your computer. You are permitted to use your computer during class.
    In doing your analysis you need to pay particular attention to the following matters.
  2. There are two primary issues in this case, what are they?
  3. In New York, what is the required mental element to have adverse possession? (The discussion on page 116 of the text may help, however this is a very difficult question — it will require you to very carefully analyze the opinion.)
  4. What is the role of the statute in footnote #2?
  5. How do the majority and dissent differ? Which was right?
  6. If you apply the "Quiet Title/Correct Title" theory on page 114, who should win this case?
A full syllabus has been posted on the TWEN web site under the heading of Syllabus. I have also posted on our TWEN page a map of the property involved in the Van Valkenburg v. Lutz case that you are to read and brief. This map may help you understand some of the points in the opinion, and certainly at least one of the questions that I have posed regarding this opinion.
Religion and the Constitution (LAWS 823) Section 001
Instructor Names: Brown
Wednesday: First day assignment will be posted on class TWEN site
Religious Legal Systems: Jewish Law (LAWS 820) Section 001
Instructor Names: Stravitz
Textbooks:
  1. E. Dorff & A. Rosett, A Living Tree: The Roots and Growth of Jewish Law (SUNY Press 1988) ("A Living Tree")
  2. E. Dorff & L. Newman, Contemporary Jewish Ethics and Morality (Oxford University Press 1995) ("Jewish Ethics")
  3. A Bible — any version will do; if you need to buy one, I recommend: The Harper-Collins Study Bible (New Revised Standard Version)
Wednesday: January 7, 2015
  1. First Class: Wednesday, January 7, 2015, 2:00 p.m.-3:00 p.m., Room 338
    A Living Tree, pp. 1–48 [Focus on the law code found in Chapters 19–24 of the Book of Exodus, pp. 28–37 (especially pp. 31 & 32) of A Living Tree)].
    1. Exodus on Injuries: Class discussion will focus on Chapters 21 and 22 of Exodus. This is a legal code. What does the text suggest about the structures and values of the society for which it was formulated?
    2. Comparing Exodus to Leviticus and Deuteronomy on "An Eye for An Eye." A Living Tree, pp. 43–44. Three books of the Torah use the phrase "en eye for an eye." Are they talking about the same thing? If so, what is the meaning of the phrase?
    3. Biblical law in Comparative Context: pp. 44–47. The people of the bible had very close neighbors who left us codes on injury. How is our understanding of Exodus affected by what we learn from Hammurabi and the Hittitues?
See notes
Trademark Law (LAWS 713) Section 001
Instructor Names: Snow
Textbooks: None. All reading material will be provided over the TWEN website.
Thursday: First day reading is posted to TWEN under course materials.
Transnational Law (LAWS 784) Section 001
Instructor Names: Samuels
Textbooks: Transnational Law
Wednesday: For our first class, please read pp. 1–25 in the casebook, which is available in the Law School Bookstore. Be prepared to discuss the questions on pages 1 and 5 in detail and to discuss the themes covered in the remainder of the assignment.
Wills, Trusts & Estates (LAWS 641) Section 001
Instructor Names: Boyle
Notes: Sign up for TWEN
Download materials on TWEN, when posted