Course Descriptions

Administrative Law – 3 credit hours
Deals with administrative processes in executive and independent regulatory agencies; constitutional limits on governmental agencies and structures; separation of powers and other topics relevant to government structures; limits on the delegation of power to agencies; the operation of agencies through rule-making and adjudication; executive and legislative controls over agencies; and judicial review of agency actions.
Prerequisites: Constitutional Law

Advanced Bar Preparation Skills
This course focuses on problem recognition and analysis, and enhances critical reading, thinking, and writing skills to maximize student performance on the bar exam. Students will become thoroughly familiar with the format and components of the bar exam including the Multistate Performance Test (MPT), Multistate Bar Exam (MBE), and Multistate Essay Exam (MEE). Students will review selected substantive subjects traditionally tested on the bar exam. Students will become familiar with techniques for answering multiple choice questions and analyzing, organizing, and writing responses to essay questions. Memorization skills, time management, professionalism, stress management and collaborative learning techniques will also be reinforced.
Prerequisites: Must be a 3L within 24 hours of graduation. Introduction to Bar Exam Prep Skills is recommended. Cannot take Introduction to Bar Exam Prep Skills in the same semester.

Advanced Legal Research – 2 credit hours
Reinforces and deepens the research skills learned during the first year of law school and assists students in developing an efficient and effective process for conducting research in today’s law practice environment. While the course emphasizes research in multiple sources of Arkansas law, using both print and electronic sources, it also covers some areas of federal and other states’ laws that may be implicated by a research problem originating in Arkansas. In addition to completing a number of short research assignments, each student completes and presents a major research project on a chosen topic in the final weeks of the course.

Advanced Legal Writing – 2 credit hours
Covers advanced strategies in persuasive writing and builds on the introductory persuasive writing instruction provided in RWA II. The course approaches persuasive writing from a theoretical as well as practical standpoint. It covers persuasive writing strategies that are expressly based on theoretical principles of other disciplines, such as literature, classical rhetoric, and psychology, which contribute in different ways to an understanding of human nature and the process of persuasion.

Advanced Litigation – 2 credit hours
Builds on the advocacy skills taught in Lawyering Skills II. Students are expected to participate in trial competitions during the Fall semester (if selected), preparation for which requires practice sessions outside of class. A trial competition team will be selected from class participants for the following semester.
Prerequisite(s): Lawyering Skills II

Advanced Litigation Clinic – 2 credit hours
Continues Litigation Clinic. Students are given the opportunity to work on more complex and difficult cases, and may also mentor Litigation Clinic students.
Prerequisite(s): Litigation Clinic

Advanced Tax Clinic – 2 credit hours
Pursuant to permission from the instructor, students work on projects dealing with advanced tax issues and advancing the goals of the tax clinic.
Prerequisite(s): Tax Clinic

Advanced Taxation – 3 credit hours
Continues Federal Income Taxation. It examines topics not covered in the basic tax course including deferral of gains and losses on disposition on property; tax accounting; sale and leaseback of property; control of tax avoidance; and taxation of trusts and estates.
Prerequisite(s): Federal Income Taxation

Alternative Dispute Resolution – 2 or 3 credit hours
Introduces the basic concepts of dispute resolution. Contrasts the advantages and disadvantages of negotiations; mediation; arbitration; and their variations applied to specific situations such as family; neighborhood; intra-institutional; consumer; environmental; intergovernmental; and international disputes.

Animal Law Seminar – 2 credit hours
Explores a variety of legal, ethical, and policy issues relating to animals and their treatment. Possible topics include treatment of food animals throughout their lives including slaughter, use of animals in medical and scientific research, biotechnology (creation and patenting of new life forms), hunting laws and regulations, and protection of endangered species and of wildlife in general.

Arkansas Criminal Trial Practice – 3 credit hours
Uses a problems-based, practice-oriented approach to analyze the Arkansas Criminal Code; Arkansas Rules of Criminal Procedure; and Arkansas Rules of Evidence.
Prerequisite(s): Criminal Procedure Trial or Pre-Trial, Evidence

Bankruptcy Law – 3 credit hours
The class is intended to be an overview of bankruptcy including an explanation of the bankruptcy system, basic bankruptcy concepts, and bankruptcy jurisdiction. The course will include coverage of Chapter 7, Chapter 11 and Chapter 13 with emphasis on individual Chapter 7 cases.
Prerequisite(s): Secured Transactions

Biotechnology and the Law Seminar – 2 credit hours
Surveys areas of law related to the development and commercialization of advanced biological technology including attention to the ethical, social and economic issues raised by the use of this new technology; the regulation of biotechnological research; intellectual property rights in living things; high tech foods; environmental concerns; animal rights; and international issues involving biotechnological inventions

Business Associations – 4 credit hours
Emphasizes agency, partnership, close corporations, limited liability firms, corporate formation, piercing, fiduciary duty and governance. Additional topics to be covered at the discretion of the instructor include mergers, derivative suits, insider trading, proxy statements and corporate finance.

Capital Punishment Seminar – 2 credit hours
Presents the substantive and procedural rules that govern capital cases in a practical context. Students will become familiar with modern Eighth Amendment doctrine, Arkansas’s capital murder statute, federal habeas corpus, and the American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases. The actual practice of litigating capital cases at all stages will be emphasized, with particular stress on managing the wide-ranging investigations necessary when the death penalty is involved.

Civil Liberties – 2 or 3 credit hours
Examines suits under 42 U.S.C. Section 1983 against state and local governments and their agents for violations of rights guaranteed by the Constitution and laws of the United States.
Prerequisite(s): Constitutional Law

Civil Procedure I – 2 credit hours
Civil Procedure I and II provide an overview of the litigation process from commencement of an action through appeal, with emphasis on pretrial procedures. Topics covered include personal and subject matter jurisdiction; process; pleading; discovery; pretrial and post-verdict motions; judgments; res judicata; and some appellate procedures.

Civil Procedure II – 3 credit hours
Civil Procedure I and II provide an overview of the litigation process from commencement of an action through appeal, with emphasis on pretrial procedures. Topics covered include personal and subject matter jurisdiction; process; pleading; discovery; pretrial and post-verdict motions; judgments; res judicata; and some appellate procedures.
Prerequisite(s): Civil Procedure I

Commercial Paper Transactions – 3 credit hours
Covers Uniform Commercial Code Articles One, Three, Four, Five, and Seven; commercial paper transactions involving negotiability; rights and liabilities of parties; transfer; holders in due course; defenses; the collection process; and letters of credit.

Conflict of Laws – 3 credit hours
Covers law controlling cases with significant aspects relating to more than one state of the United States or to more than one country; focuses primarily on jurisdiction, choice of law, and enforcement of judgments; examines statutes and common law rules and theories, underlying policies, and control exercised by the federal government through constitutional limitations.
Prerequisite(s): Civil Procedure I & II; Constitutional Law strongly recommended.

Constitutional Law – 4 credit hours
Constitutional Law studies the constitutional aspects of judicial review; interstate commerce; separation of powers; federal-state relationships; and protection accorded individuals and property under the Bill of Rights and the Fourteenth Amendment. Specific subjects include: race and gender discrimination; the right to privacy and autonomy (including the rights to procreation, abortion, travel, and association); content-based and content-neutral regulation of speech; and a survey of the law of religion.

Contracts I – 3 credit hours
Contracts I and II cover the formation of contracts; offer and acceptance; consideration and substitutes for consideration; mistake, unfairness and overreaching; unconscionability; the Statute of Frauds; interpretation; performance and breach; impossibility and frustration; third party beneficiaries; and assignment of rights and delegation of duties.

Contracts II – 3 credit hours
Contracts I and II cover the formation of contracts; offer and acceptance; consideration and substitutes for consideration; mistake, unfairness and overreaching; unconscionability; the Statute of Frauds; interpretation; performance and breach; impossibility and frustration; third party beneficiaries; and assignment of rights and delegation of duties.
Prerequisite(s): Contracts I

Corporate Taxation – 3 credit hours
Covers federal income taxation of corporations and their shareholders, including transactions among shareholders and corporations; tax consequences of choice of the corporate form of business organization; corporate formation; distributions; liquidations; redemptions; and reorganizations.
Prerequisite(s): Federal Income Taxation

Criminal Law – 3 credit hours
Provides an overview of the general principles of criminal liability, the substantive law of crimes, and the theory of punishment.

Criminal Procedure Post Trial Process – 2 or 3 credit hours
Covers the criminal process following return of the verdict in the guilt/innocence phase of trial (except for sentencing), focusing in particular on the following topics: effective assistance of counsel; motions for new trial; notice of appeal and designation of the record on appeal; preservation of error for direct appeal and post-trial litigation; direct appeal; disposition of issues on direct appeal; certiorari to the United States Supreme Court; retroactivity of United States Supreme Court decisions, state post-conviction litigation; appeal in state post-conviction process; federal post-conviction litigation; exhaustion of remedies; deference to state fact and law findings; procedural default; the “new” rules doctrine; certiorari in the federal habeas process; and double jeopardy issues.

Criminal Procedure Pretrial Process – 3 credit hours
Focuses on the principle U.S. Constitutional issues arising in the pretrial investigation phase of a criminal case, including Fourth Amendment limitations; Fifth Amendment protections; the Sixth Amendment right to assistance of counsel; and the remedy for violation of any of these Constitutional provisions: exclusion of tainted evidence.

Criminal Procedure Trial Process – 3 credit hours
Focuses on issues arising in the trial phase. The course begins with the initial charging instrument and ends with conviction. The course covers the principal U.S. Constitutional issues which arise, including limitations on the prosecutor, right to bail, grand jury, double jeopardy, pleas and the effective assistance of counsel.

Criminal Procedure: Sentencing – 2 or 3 credit hours
Explores the substantive law, procedure, and practice of criminal sentencing. Topics include factors considered at sentencing, sentencing guidelines, the death penalty, constitutional rights at sentencing, and the types of sentencing sanctions available to judges and juries. While the course aims to teach general principles of sentencing, particular attention is paid to federal sentencing as well as sentencing in the Arkansas state system. The course includes practical components that require students to try their hands at investigation, pleading, and argument in the sentencing context.

Critical Race Theory Seminar – 2 or 3 credit hours
Provides insight into the role of race in the law. The course allows students to grapple openly with the role race played and plays in the law’s creation and implementation/enforcement, as well as the formation of a “level playing field.”

Cyber Law – 2 credit hours
An upper-level, writing-intensive course covering the effect of the Internet on the evolving face of the law, specifically focusing on free speech, intellectual property, privacy, and jurisdictional concerns.

Decedents’ Estates & Trusts – 3 credit hours
Covers law of gratuitous transfers, including intestacy; testate succession; trusts; powers of appointment; other related will substitutes; and the administration of estates and trusts.
Prerequisite(s): Property I, Property II

Disability Law – 3 credit hours
Emphasizes federal and state legislation and case law affecting people with physical, mental, and developmental disabilities. Representative issues covered include education, employment, access, public services, and health care.

Drafting Contracts – 2 credit hours
Drafting Contracts is a skills course that emphasizes precision of expression and organization of documents. Students complete 12-15 drafting exercises during the first part of the course and draft one or two major contracts in the second part of the course. There is no final exam, and the course ends before the exam period begins.

Employee Benefits Law – 3 credit hours
Offers a combined overview of employee benefit regulation, including health care and disability issues and retirement savings through qualified plans, 401K plans, and cash balance plans. The course also addresses deferred compensation through non-qualified plans. The course focuses on two distinct statutes that are most relevant in this area: The Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code of 1986 (Code). The course addresses ERISA litigation including issues relating to preemption, fiduciary responsibility, disclosure requirements, and managed care litigation.

Employment Discrimination – 2 or 3 credit hours
Surveys substantive, procedural, and remedial rules of law pertaining to employment discrimination on the basis of race, color, religion, sex, national origin, age, and physical or mental handicap. The course deals primarily with the interpretation and application of various federal statutes, with emphasis on Title VII of the Civil Rights Act of 1964 as amended by the Equal Employment Opportunity Act of 1972. Pertinent First, Fifth, and Fourteenth Amendment questions are also considered.
Prerequisite(s): Constitutional Law

Employment Law – 2 or 3 credit hours
Covers federal and state law relating to employers and employees, including drug testing, use of references, employment at will, the Family and Medical Leave Act, Fair Labor Standards Act, and Occupational Safety and Health Act.

Environmental Law – 2 or 3 credit hours
Examines federal and state legislation pertaining to the protection of environmental quality. The course covers statutes, administrative regulations, and judicial decisions relating to all major aspects of environmental protection such as clean air, prevention of water pollution, and hazardous waste regulations.

Estate and Gift Taxation – 2 or 3 credit hours
Studies federal estate and gift tax statutes, regulations, and case law, followed by consideration of the practical impact of these taxes on private planning of business arrangements and property dispositions.
Prerequisite(s): Property I & II

Estate Planning – 2 or 3 credit hours
Surveys alternative methods of disposing of small and large estates by will, life insurance, inter vivos arrangements, or combinations of several methods and considers resulting tax and administrative problems. Students complete exercises in gathering and analyzing facts and in planning and drafting trusts, wills, and related documents.
Prerequisite(s): Estate and Gift Taxation; Decedents’ Estates and Trusts

Evidence – 3 or 4 credit hours
Emphasizes the Federal and Uniform Rules of Evidence, including those rules relating to real, testimonial, and circumstantial proof; impeachment and cross-examination of witnesses; hearsay; presumptions; expert testimony; privileged communications; and judicial notice.

Externships – 2 credit hours
Consists of field placement of students with government agencies, state or federal legislators, non-profit legal services organizations, or members of the judiciary. The program attempts to expose students to a wide range of public service practice settings, as well as to the state and federal legislative and judicial process. The course is a pass/fail course.
Prerequisite(s): Must have completed 30 hours.

Family Law – 3 credit hours
Studies legal aspects of family relationships, including issues which arise during the creation and dissolution of marriage relationships; property settlements; support obligations; and child custody.
Prerequisite(s): Constitutional Law recommended

Family Mediation Seminar – 3 credit hours
Focuses on the unique skills needed to work with families undergoing change and experiencing conflict situations. Students learn how to screen for domestic abuse, address family dynamics, and understand financial issues in divorce. During the course, students are exposed to a range of other family conflicts. This course meets the training requirements of the Arkansas Alternative Dispute Resolution Commission for inclusion on their family mediation roster. (There are additional requirements. Please refer to the ADR Commission website for full details.)

Federal Income Taxation – 3 credit hours
Surveys the federal income tax, particularly as applied to individuals. Subjects include income; exclusions; deductions; and the income tax consequences of sales and exchanges; gifts and inheritances; annuities; divorce; and personal injury settlements.

Federal Tax Research and Procedure – 3 credit hours
Extends the legal research skills learned during the first year of law school by concentrating solely on federal tax research and the application of research findings. The course also addresses judicial forum alternatives, relevant penalties, and tax practice and procedural rules in the representation of clients before the IRS in connection with Examinations, Appeals, and Collections.
Prerequisite(s): Legal Research I and II

Film and Criminal Law (Law & Film) – 2 credit hours
Course consists of watching a criminal law-based film each week following an hour discussion of the film shown the preceding week. Students will be given weekly questionnaires about the films and required to read and complete them. The goal of the course is to encourage students to learn about the legal profession by reflecting on the issues presented in the films.

First Amendment: Free Speech/Free Press – 2 or 3 credit hours
Surveys First Amendment law from the defense against speech crimes and civil claims to modern constitutional issues such as the law of news-gathering. Covers First Amendment treatment of expressions including obscenity, fighting words, symbolic speech, commercial speech, hate speech, and student speech. The course includes comparative perspectives and problems of multinational law.
Prerequisite(s): Constitutional Law recommended

Health Law – 2 or 3 credit hours
Examines the health care system as it meets standards of access, cost, and quality. Quality controls of professionals and institutions, health insurance (both public and private), and the organization of health care entities are examined. Compliance with government regulations as well as tax, antitrust issues, and policy development in health care are covered.

Immigration Law – 3 credit hours
Concentrates on both practical and policy issues in immigration law. Covers substantive immigration law as embodied in statutes, regulations, and practices of the Immigration and Naturalization Service, and judicial decisions. Practice and procedure is also covered, though to a limited degree.

Independent Study – 1 credit hour
Consists of the preparation of a substantial research paper on a legal topic. The student works under the supervision of a faculty member. Special rules for this course are available in the Office of Student Records.

Insurance Law – 3 credit hours
Emphasizes matters likely to arise in ordinary insurance litigation such as statutory and decisional law limitations on policy defenses; the meanings of terms of art and standard policy provisions; the insurable interest requirements; assignments of policy; change of beneficiary; and co-insurance.

Intellectual Property – 2 or 3 credit hours
Surveys trademark law; false advertising; copyright law; legal protection of the right of publicity and the author’s non-copyright interests; and patent law, including the related doctrine of the law of trade secrets.

International Criminal Law – 2 credit hours
Considers various aspects of crime where more than one nation is involved, including: Jurisdiction; Criminal Law in cases where more than one nation is involved (“Transnational Criminal Law”); Criminal Procedure in cases where more than one nation is involved (“Transnational Criminal Procedure”); International Human Rights limitations on Criminal Law and Procedure; Law and Procedure in international criminal tribunals; and the problem of Mass Violence, and whether International Criminal Law is the best way to deal with it.

Interviewing & Counseling – 2 credit hours
Focuses on interviewing and counseling clients in both litigation and transactional contexts; explores the basic theories of counseling; examines interviewing as an integral part of the counseling process; relies on extensive simulations with detailed feedback for the participants; considers the ethical responsibilities involved in the counseling process. Students are evaluated on the basis of their performances in simulated client counseling sessions; and there may also be a short writing assignment.

Introduction to Bar Preparation Skills
Provides a broad overview of the bar exam and its components including the MPT, MBE, MPRE, and MEE. It also discusses study strategies and ways to begin preparing for the bar exam prior to graduation. The course is a pass/fail course and specifically designed for 2Ls although it is also open to 3Ls who have not already taken Advanced Bar Preparation Skills. The class supplements but is not intended to replace a commercial bar review program.
Prerequisites: Must be a 2L. Cannot have already received credit for Advanced Bar Preparation Skills.

Introduction to International Law – 1 credit hour
Covers What International Law is; the sources and evidence of International Law; and the application of International Law in national and international tribunals.

Judicial Clerkship Practicum – 2 credit hours
Deals with the process of state and federal judicial clerkships. The course covers the history and development of the institution of clerking, clerk selection, judicial philosophy, and the responsibilities associated with clerking. Students gain exposure to the variety of clerkship opportunities available and to the essential skills required of law clerks, with particular focus on memorandum and opinion writing. The class has several guest lecturers and field trips. Every attempt is made to schedule field trips during the designated class time (outings scheduled outside of regular meeting time are not mandatory). The final grade is based on class participation, a written memorandum and judicial opinion, and an editing exercise.

Jurisprudence – 3 credit hours
Surveys law and legal systems; deals with various aspects of law and legal theory; what the “law” is and what it should be; the nature of legal rules and legal concepts; and the relation of law to society.

Land Use – 2 or 3 credit hours
Traces development of controls on the use of land from early periods to the present, judicial controls through waste and related doctrines; judicial zoning through nuisance doctrines; private controls in land development; the regulation of land; subdivisions; the planning function; the official map and the master plan; the law of zoning; urban renewal and redevelopment; and other public means of determining land use.
Prerequisite(s): Property I & II

Law and Economics Seminar – 2 credit hours
Examines the application of economic reasoning to a variety of legal topics. The overarching questions include whether law is implicitly designed to be efficient and whether it should it be. The course covers both positive and normative aspects of the topic. Previous classes have analyzed topics including contracts to sell organs and criminalizing corporate misdeeds. As a seminar, the course relies heavily on class participation. No economics background is necessary.

Law and Literature Seminar – 2 credit hours
This course is intended to enable and encourage students to explore the relationships among law, jurisprudence, literature, and life. Students read fiction, non-fiction and poetry—contemporary and classical; discuss and examine jurisprudential concepts as they relate to everyday life; and develop skills that will make them better lawyers.

Law and Psychiatry – 3 credit hours
Focuses on concepts of mental illness; raising and administration of impairment defenses and disposition of mentally ill offenders; problems of civil commitments, including standards, alternatives to and procedures for civil commitment; civil rights of those confined to mental hospitals, including the right to treatment and the right to refuse treatment; problems of legal competence; and the psychiatrist-patient relationship.

Law Review I-VIII – 1 credit hour
Students who expect to receive one hour of Law Review credit should register for the appropriate course listed on the course schedule.

Lawyering Skills I – 2 credit hours
Through a combination of lectures and small group workshops, helps students learn a variety of lawyering skills in both litigation and non-litigation contexts, including interviewing and counseling; problem solving and development of legal theory; drafting various legal documents; negotiation; pre-trial litigation skills; trial skills; and alternative dispute resolution skills.
Prerequisite(s): Civil Procedure I & II

Lawyering Skills II – 3 credit hours
Develops lawyering skills in trial preparation, techniques, and tactics through the handling of cases and trial problems under simulated trial conditions, including preparation of witnesses; presentations to the judge; direct and cross-examination of witnesses; and the introduction of real and demonstrative evidence. Each student is involved as counsel in the preparation and trial of an entire case before a jury. Extensive use of videotape is made to assist in critique of student performances.
Prerequisite(s): Evidence

Legal History Seminar – 2 credit hours
Examines the institutions and legal principles of the common law from their beginning in medieval Britain through early twentieth century America. The course focuses particularly on the development of methods of trial, the courts of law and equity and their fusion, the development of private civil justice and public criminal justice, and the translation of institutions and principles from Britain to America.

Legal Profession – 2 credit hours
Analyzes the Model Rules of Professional Conduct and their application to practical ethical problems faced by attorneys. The course also seeks to develop the student’s sense of the lawyer’s role in society as advocate, citizen, and counselor.

Legal Research I – 1 credit hour
Introduces students to the nature and sources of various types of legal authority and how to find them in book and electronic form.

Legal Research II – 1 credit hour
Builds on research skills learned in Legal Research I, as well as providing research training on online databases and the Internet.
Prerequisite(s): Legal Research I

Legislation – 2 or 3 credit hours
Surveys statutory law and its interpretation; significant aspects of the legislative process; principles of legislative drafting; and methods of statutory interpretation. A simple drafting project may be assigned.

Litigation Clinic – 6 or 4 credit hours
Litigation Clinic is a law office within the law school. The course integrates the theory and practice of law. It begins with an intensive three-day orientation before the semester begins. In the classroom, students develop theoretical models of the lawyering process, while also representing real clients under the supervision of clinic faculty. The cases involved divorce, delinquency, dependency, education and mental health issues. Outside of the classroom, students meet with clients, and represent them in hearings of various types ranging from administrative hearings to judicial proceedings.
Prerequisite(s): Civil Procedure I & II, Evidence, Legal Profession & Criminal Procedure (any one of the following satisfies this Criminal Procedure prerequisite: Pretrial Process, Trial Process, or Arkansas Criminal Trial Practice). Must have completed 48 hours.

Local Government – 3 credit hours
Examines the legal framework for governing urban and rural areas. Topics include the relationship of local governments to one another and to the state and national governments; the organization, financing, and operation of local governments; legislative control of local governments; and sources and limits of local governing power.

Mediation Clinic – 4 credit hours
Students study negotiation and mediation techniques and theories that are transferable to all types of legal matters. Students also learn how to represent clients in mediation. In addition to the scheduled classes each week, students must observe/mediate at least six cases over the term. Students begin by observing and then co-mediating with an instructor, later co-mediating with another student. Small claims mediations are scheduled for most Mondays (9-11 a.m. and 1:15-3:15 p.m.) at the Pulaski county courthouse. Some mediations are court ordered and the Court sets the time of the mediation. Other mediations are arranged by Terry Harrison, Mediation Office Administrator, who tries to accommodate student’s schedules consistent with client needs. Students who participate in the Clinic receive a Certificate of Mediation Training. This course meets the requirements for certification as a mediator by the Arkansas ADR Commission.
Prerequisite(s): 3½ day training prior to the beginning of the semester.

Mediation Seminar – 3 credit hours
Examines current research and theories regarding conflict and their application to the practice of mediation in a variety of conflict situations. Teaches skills necessary to serve as an impartial third-party, such as listening, questioning, creative problem-solving, moving beyond impasse, and caucusing. Addresses various mediation styles and types of mediation.

Moot Court Competition Class – 2 credit hours
Student teams research and prepare appellate briefs and practice oral arguments. Students are placed on teams and compete in a class-wide competition.
Prerequisite(s): Necessary for selection to traveling team

Moot Court Travel – 2 credit hours
Student teams research and prepare appellate briefs and practice oral arguments, under the direction of a faculty advisor. Students are placed on teams which represent the school in various regional and national competitions. The student must have been selected for a team which will attend a competition in the semester in which they register for the course in order to enroll in Moot Court Travel Team.
Prerequisite(s): Moot Court Competition Class, Selection for a Competition Team

National Trial Competition – 1 credit hour
Student teams represent the school in various regional and national trial competitions. Students must have been selected for a team which will attend a competition in the semester in which they register for the course in order to enroll in National Trial Competition.
Prerequisite(s): Selection for a Competition Team, Advanced Lit. Skills

Natural Resources Law -
Explores the protection and multiple uses of natural resource systems, which may include the National Environmental Policy Act; multi-use and preservation of federal public lands for agriculture, grazing, and other uses; hard rock mining and mineral leasing of coal, oil, and natural gas; the National Forest System and forestry law; the National Park System; the Wilderness Preservation System; the National Wildlife Refuge System; fish and wildlife management; the Endangered Species Act; and wetlands protection. The course will focus primarily on federal legislation and regulations, but will also address some Arkansas law.

Oil and Gas Law – 2 credit hours
Addresses both general and Arkansas law applicable to ownership and conservation of oil and gas. The course emphasizes real property and contract law concepts that are unique to oil and gas law and the relationships among landowners and oil and gas companies involved in exploration and production of oil and gas. Students are introduced to fundamental oil and gas legal terms, the concepts involved in private mineral and royalty ownership, conveyances, oil and gas leases, and title issues. Administrative regulation of oil and gas development and the role of the Arkansas Oil & Gas Commission will also be addressed.
Prerequisite(s): Property I & II

Partnership Taxation – 2 or 3 credit hours
Deals with the federal income tax treatment of partnerships and partners. Coverage includes classification as a partnership; the allocation of partnership income and deductions; the taxation of a sale of a partnership interest; operating distributions by a partnership; and liquidating distributions by a partnership.
Prerequisite(s): Federal Income Taxation

Patent and Trade Secret Law – 2 or 3 credit hours
Examines the statutory requirements of patentability, including patentable subject matter, utility, novelty, and nonobviousness; the process of obtaining and enforcing patent rights; the interpretation of patent claims; remedies for patent infringement; and the requirements of trade secret protection, including comparison with patent protection.

Property I – 3 credit hours
Property I and II cover basic property law concepts, including estates in land and future interests; joint and common tenancies; donative transfers; leases; landlord and tenant problems; oral and written real estate contracts; the law of vendor and purchaser; conveyancing and land use problems, with particular reference to the deed; the recording system; methods of title assurance; easements; restrictive covenants; water rights; and zoning and subdivision controls.

Property II – 3 credit hours
Property I and II cover basic property law concepts, including estates in land and future interests; joint and common tenancies; donative transfers; leases; landlord and tenant problems; oral and written real estate contracts; the law of vendor and purchaser; conveyancing and land use problems, with particular reference to the deed; the recording system; methods of title assurance; easements; restrictive covenants; water rights; and zoning and subdivision controls.
Prerequisite(s): Property I

Prudent Investing of Trusts – 2 or 3 credit hours
Covers the legal concept of “prudent investing” of trust assets, as defined, primarily, by the Restatements (Second) and (Third) of Trusts and the Uniform Prudent Investor Act. This course focuses on the actual administration of trusts–specifically, the rules that mandate the prudent investment of trust assets. Students learn specific and practical concepts such as diversification, risk and return, loyalty, delegation, portfolio theory, hedge fund management, derivatives, and income versus remainder beneficiary interests. The course also addresses federal and state taxation, investment strategies, and cases and statutes detailing regulations governed by ERISA and the Securities and Exchange Commission. The course provides a summary of these issues, while focusing on the complex structure of default rules governing the prudent investment of trusts. The course includes the essential cases and statutes that define modern prudent investment rules, as well as a survey of relevant discussions by leading scholars in this area. This diverse collection of resources introduces students to the internal, industrial, and judicial review processes through which they, as practitioners, will question and assess the accountability of trustees managing individual and corporate assets.
Prerequisite(s): Decedents’ Estates and Trusts

Public Health Law – 3 credit hours
Public Health Law deals with the legal underpinnings of and current problems facing those who seek to promote population-based, preventive health care. It begins with examination of a series of court decisions which concern the nexus between the demands of the Constitution and the requirement of meeting the needs of public health and welfare. The last third of the class consists of applying the lessons from evolving case law to the modern world’s public health challenges.

Public International Law – 2 or 3 credit hours
Emphasizes legal relations of states inter se. Topics include the resolution of disputes between states; the legality of the threat and use of force; individual responsibility; the conflict between domestic and international law; obligations of nationals; and international organizations.

Public Service Law – 3 credit hours
This course will 1) prepare law students to engage in public service as lawyers and to represent non-lawyer public servants and 2) prepare public service students to work with lawyers and the legal system. Subjects may include the definition of public service, the role of lawyers and the legal system, using the legal system to achieve social change, litigation and transactional approaches to social change, and the limitations of the legal system in achieving social change.

Race and the Criminal Justice System Seminar – 2 credit hours
Focuses on the effects of racial issues on the criminal justice system. Examines each stage of the process to determine if individual or systemic racism affects it. The readings include case law; law review articles; criminal justice studies and biographical accounts.

Real Estate Finance – 3 credit hours
Studies commercial real estate transactions. Topics include the acquisition, development, and operation of commercial real estate ventures; mortgages and other financing techniques and related matters.
Prerequisite(s): Property I & II

Real Estate Transactions – 2 or 3 credit hours
Studies the structure of real estate transactions, including substantive rules of law (other than choice of entity and tax considerations). The emphasis is on legal drafting skills, including original drafting and the proper use of forms.
Prerequisite(s): Property I and II

Reasoning, Writing & Advocacy I – 2 credit hours
Introduces students to the process of legal reasoning, using case and statutory analysis, public policy, and equity. Students develop the practical skills needed for planning, researching, drafting, and revising forms of objective legal writing, such as office memoranda commonly prepared by lawyers.

Reasoning, Writing & Advocacy II – 2 credit hours
Builds on the analytical and writing skills introduced in Reasoning, Writing & Advocacy I. The course includes an introduction to appellate advocacy, involving preparation of an appellate brief, and may involve oral argument of a hypothetical case.
Prerequisite(s): Reasoning, Writing & Advocacy I

Remedies – 3 credit hours
Explores general principles of remedial relief that can be applied to any field of substantive law, including the principles of having the remedy address the proven injury; making the plaintiff whole; and deterring future violations. The course looks at both private and public law, emphasizing problems of contemporary importance.

Sales Transactions – 3 credit hours
Studies Uniform Commercial Code Articles One, Two, Six, and Seven: sales transactions involving personal property; obligations of the parties; good faith purchase; warranties; shipment and storage of goods; risk of loss; remedies and the effect of relevant federal and state statutes (other than the UCC).

Scholarly Writing – 1 credit hour
Scholarly Writing is offered to students writing their law review notes. It meets periodically during the semester, and offers training to students on each stage of the note-writing process. The class meeting dates coordinate with the law review’s writing schedule. The course is pass/fail, and the assigned course work will primarily be reading in preparation for each class. All work students perform on their notes are evaluated by the Law Review, not by the course instructor.

Secured Transactions – 3 credit hours
Studies the issues arising from secured transactions in personal property under Article 9 of the Uniform Commercial Code, with additional coverage of secured transactions in real estate and creditors’ remedies, such as execution, garnishment, attachment, replevin, receivership, and avoidance of fraudulent transfers.
Prerequisite(s): Civil Procedure I & II, Property I & II

Securities Regulation – 3 credit hours
Covers the federal regulation of the distribution and trading of securities, including the registration process; major exemptions from the registration requirements; restrictions on resale; the role of the Securities and Exchange Commission in the regulatory scheme; and civil liabilities for violation of the federal securities laws.
Prerequisite(s): Business Associations recommended

Sport and the Law Seminar – 2 credit hours (This will not be an upper level writing course)
This seminar will examine the relationships between the sports world and the legal world, focusing on specific areas of the law, examining how each has interplayed with the sports world in the past, and exploring how courts should use those laws in future cases. Will begin with discrimination laws, primarily the ADA and Title IX; then will address issues such as franchise relocations and player movement through the lens of antitrust
laws. Labor law will also be looked at in the context of player contracts and collective bargaining. A special focus will be placed whenever possible on the NCAA and its regulations of student-athletes.

State & Local Taxation – 2 credit hours
Examines federal and state constitutional constraints on state and local taxation; income taxation; sales and use taxes, and the property tax.

Statutory Analysis Seminar – 2 credit hours
Examines classical and contemporary theories of statutory interpretation and cannons of construction with an eye towards their application as tools to persuasively advance different readings of a statute. Students are introduced to different approaches to statutory interpretation as well as to various theories relating to these approaches. The course also touches on the legislative process and how legislative history and purpose relate to statutory interpretation.

Supreme Court Litigation Seminar – 2 credit hours
Deals primarily with the process of constitutional litigation as seen from the perspective of the U.S. Supreme Court. The course includes a historical analysis of Article III and, more specifically, a consideration of the Court’s evolution over its almost 200 years of existence, with detailed attention to the way in which the courts (lower federal and state courts) operate in exercising the unique power of “judicial review.” Some time is spent on constitutional theory, principally involving the legitimacy and scope of judicial authority in constitutional cases. Focus then shifts to the practical issues related to constitutional litigation–how cases are initiated, how the Supreme Court functions in screening and deciding cases, the essentials of effective appellate advocacy in constitutional cases, and the role and impact of leading justices.
Prerequisite(s): Constitutional Law

Tax Clinic – 4 credit hours
Students handle a small number of real cases under the supervision of clinic faculty. Most of the education occurs through the experience of representing clients in disputes with the IRS through client interviews and fact gathering, tax law research, formulating action plans, preparation of written protests, negotiation, and possibly litigation. Students learn the skills of the practice of law while experiencing and analyzing the law, conducting fact investigation and engaging in direct client interaction. To avoid potential conflicts of interest, no student may work for the Internal Revenue Service or for a federal court with jurisdiction over tax matters at the same time the student is enrolled in Tax Clinic.
Prerequisite(s): Federal Income Taxation, Legal Profession

Tax Policy – 2 or 3 credit hours
Concerns the policy aspects of taxation, especially federal income taxation. Topics include the broad structure of the federal system of taxation and of the political forces shaping it; the effect of untaxed “imputed” income; whether the tax system should provide for progressive or “flat” rates; tax issues arising from marriage and other family relationships; whether some form of consumption taxation should replace the federal income tax; estate taxes; the proper income tax treatment of property passing at death; the concept of “tax expenditures;” the proper tax treatment of personal injury awards; the proper federal tax treatment of a taxpayer’s state and local taxes; whether income earned by a corporation and subsequently distributed as dividends should be taxed to both the corporation and the shareholders; whether capital gains should be taxed differently from ordinary income; and how to deal with the distorting effects of inflation in the measurement of taxable income.
Prerequisite(s): Federal Income Taxation

Torts – 4 credit hours
Covers the bases of civil liability for physical and nonphysical personal injury (and, to a lesser extent, for damage to property); theory, historical development, and application of liability based on intent, negligence, or without fault; defenses, privileges, and immunities to tort liability; parties to the action; the elements of damage to persons and property; special problems concerning owners and occupiers of land, products liability, ownership of animals, and abnormally dangerous activities; and statutory modifications, including wrongful death and survival actions and Federal Tort Claims Act actions.

Trademark Practicum – 2 credit hours
Students create a portfolio of documents related to federal trademark registration, including an application, a response to objections, and a trial brief.

Water Law – 3 credit hours
The course will begin with an overview survey of the general legal norms governing water allocation, that is, the right to use surface water & underground water in eastern riparian & western prior appropriation systems; the evolution of control of water allocation from the courts to administrative agencies; public rights in water, including the right to use surface water for recreation and rights under the public trust doctrine; and the impact of environmental statutes on water allocation. The balance of the course will focus on Arkansas’ approach at common law and under statutes & administrative regulations to the water allocation issues raised by the general legal norms. Emphasis will be given to current issues in Arkansas water law.
Prerequisite(s): Property I & II

White Collar Crime – 3 credit hours
Acquaints students with the issues of substantive criminal law that can arise in a business law practice; problems of criminal procedure that arise with business crimes; statutes such as RICO, the Federal Mail & Wire Fraud Statutes, and the Sherman Act; and policy questions inherent in government efforts to assess criminal penalties for violations of statutes designed primarily to regulate the economy.

Workers’ Compensation – 2 credit hours
Surveys the basic principles of statutory and case law governing the system which requires employers to provide compensation, medical treatment, and survivors’ benefits for employment-related injuries, disease, and death.