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COURSE CATALOG

This catalog is made available electronically by the University of Memphis. UofM students and potential students may publish the catalog if they so desire.

Below students can find information about required, elective and specialized courses offered at Memphis Law.


Alphabetical Course List

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

•Skip to Electives and Specialized Areas of Study

Administrative Law
Course 311
3-hour practice foundation menu course

Administrative agencies execute law affecting almost every aspect of daily life, including labor and employment, environmental, intellectual property, insurance, transportation, and health laws. This course does not focus on the substantive law of any particular agency; it instead examines principles and procedures common to all agencies, derived in large part from the U.S. Constitution and the Administrative Procedure Act. The course will examine the sources of agency authority, the limitations on agency actions, the procedures that agencies must use in rulemaking and adjudication, and the availability and scope of judicial review of agency actions.

Admiralty and Maritime Law
Course Number 312
2-hour elective course

This 2-hour course will focus on traditional admiralty and maritime law concepts, including an examination of the Jones Act, unseaworthiness, the Longshore and Harbor Workers’ Compensation Act, and the general maritime law.  The course will also cover issues relating to maritime contracts and liens, limitation of liability, issues relating to collisions, allisions, and breakaways, fleeter’s liability, and issues relating to admiralty jurisdiction.  The course will also review the available defenses and damages.  While the concepts taught are applicable to all areas of maritime practice, the primary focus will be on maritime law as it applies to the inland waterways of the United States. There are no prerequisites.

Advanced Appellate Advocacy
Course 523
1- or 2-hour skills course

Advanced Appellate Advocacy is a skills course for students participating on Moot Court Travel Teams. It focuses on developing and practicing skills in brief-writing and oral advocacy. Students who both write a competition brief and argue orally are eligible for two credits. It is a non-classroom course and students should enroll during the semester in which they compete in an inter-school competition.  Students are able to take the course more than once, if they compete in more than one inter-school competition.  The Director of Advocacy may award grades of Excellent, Pass, or Fail, based on the recommendation of the team’s coach.

Advanced Brief Writing Seminar
Course 453
2-hour research/writing course

This class is designed to offer students who have some experience with writing briefs the opportunity to hone their brief-writing skills.  The class will discuss how to research an issue in depth and present a case persuasively, considering issues such as developing a theory of the case, arguing thematically, using the components of the brief effectively, using precedent effectively, and structuring the argument persuasively.  Students will have substantial latitude in selecting an issue to brief.  Students will write a brief to a court of last resort and will present the case orally. This course satisfies the Advanced Research/Writing requirement.

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Advanced Constitutional Law: Freedom of Speech
Course 396
3-hour elective course

This course examines many of the principal doctrines which have evolved with regard to the First Amendment's protection of "the freedom of speech." Among the areas discussed are the values served by this guarantee, the Supreme Court's process of categorizing unprotected speech, the issues of content and manner regulation, the forum, prior restraints, the right not to speak, and the consequences of governmental employment or support of speech.

Advanced Criminal Prosecution
Course 545
1-hour skills/experiential course
Offered during Spring Break Intersession Only

Advanced Criminal Prosecution is a one-credit intersession course offered annually over the Law School's Spring Break week in conjunction with the Tennessee District Attorney General's Conference's (TNDAG) Trial Advocacy Course.  Advanced Criminal Prosecution is intended to offer a select number of students (maximum of eight) interested in criminal trial advocacy intensive training in and exposure to prosecutorial litigation skills and strategy.  In a "master class" approach to learning, experienced prosecutors from across the state of Tennessee will present instruction on all aspects of criminal trial practice, including jury selection, pretrial motions, opening statements, direct and cross examinations, evidentiary objections, and closing argument.  Devoted sessions will focus on interviewing and preparing witnesses, selecting juries, case analysis, charging decisions, discovery, prosecutorial ethics, and professionalism.  In those sections requiring student performance (of examinations, opening statement, and closing argument), students will receive critique, including individual reviews of their performances.

Advanced Trial Advocacy
Course 524
1-hour skills course

Advanced Trial Advocacy is a skills course for students participating on mock trial travel teams.  It focuses on developing and enhancing the skills necessary to put on a basic trial.  It is a non-classroom course and students should enroll during the semester in which they compete in an inter-school competition.  Students are able to take the course more than once, if they compete in more than one inter-school competition.  The Director of Advocacy may award grades of Excellent, Pass, or Fail, based on the recommendation of the team’s coach.  This course satisfies the upper-level skills requirement.

ADR-Labor
Course 315
2-hour skills course

This course offers Negotiations and Mediation skills to prepare the student to properly represent clients in labor mediation and other alternative dispute resolution techniques. This course satisfies the upper-level skills requirement.

Prerequisite (Recommended): Professional Responsibility and Evidence

ADR-Mediation
Course 316
2-hour skills course

This course offers negotiation and mediation skills to prepare the student to properly represent clients in mediation. While students will likely gain insight into how the mediator conducts a mediation session, the goal of the course is lawyering skills in mediation, not skills as a mediator. This course satisfies the upper-level skills requirement. 

Prerequisites (Required): Professional Responsibility and Evidence, prior to or concurrently

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Antitrust Law
Course 318
3-hour elective course

Antitrust law is concerned with how firms compete in the marketplace. Given its broad focus on market competition, the study of antitrust allows students to better understand how modern economies function and why businesses (large and small) behave the way they do. The primary strategies addressed are monopolistic conduct, cartel behavior, mergers and acquisitions, and joint-venture activities. Particular areas of focus include amateur-sports regulation, regulatory capture of state licensing boards, and evolving healthcare and pharmaceutical markets.

Appellate Advocacy
Course 309
3-hour skills course

Appellate Advocacy is a writing skills course that builds on Legal Methods II. The course covers the basics of appellate advocacy: analyzing an issue on appeal, writing an appellate brief, and preparing and delivering an oral argument.   The course offers instruction in brief writing through regular writing assignments, culminating in an appellate brief.  It also offers instruction in how to prepare and deliver an oral argument.  Students write a brief and give and judge oral arguments.  Grades are based on the written work, oral arguments, and other aspects of class participation.

This course is integrated with the Advanced Moot Court Competition, although class members are not required to compete. The Advanced Moot Court problem will be the basis of class discussion. The Advanced Moot Court brief will be the draft brief for the course. Students will rewrite that brief for the final grade. The Advanced Moot Court Competition will give students the opportunity to practice their arguments for the final in-class argument.

The course will be scheduled around the Advanced Moot Court Competition. Classes will focus on brief-writing until the Advanced brief is due. Classes from the time the brief is due until the competition starts will discuss oral argument. Class will not meet during the Advanced Competition so students can devote their attention to competing. Students who complete the Advanced Moot Court Competition and one other competition are eligible for one credit in addition to the two credits for this course.

All students are highly encouraged to take this course to learn the basics of appellate advocacy and develop writing skills. This course is extremely important for students who wish to participate on moot court competition teams or become a member of the moot court board.  This course satisfies the upper-level skills requirement. 

Bar Preparation Course
Course 721
2-hour course
**Effective August 2017, this course is a required upper-level course for graduation. Students may apply to the Associate Dean for a waiver of this requirement.**

This is a course to help graduating students prepare for the Bar Exam both by reviewing some substantive law and instructing on how successfully to navigate multiple choice, essay, and Multistate Performance Test questions. The class reviews substantive criminal law, constitutional law, and tort law. Students answer simulated multistate and essay questions and receive regular feedback on their performance. There will be graded mid-term and final examinations and a graded Multistate Performance Test. This course is in addition to, not a substitute for, a summer bar preparation course.

 Bioethics & the Law
Course 304
2-hour elective course

This course examines the legal pillars of contemporary medical ethics and, more broadly, "bioethics."  It will focus particularly on [a] informed consent, [b] end of life, [c] medical research, and [d] the financial challenges of modern health care.  The materials and discussion will emphasize the ways in which, historically, bioethics is rooted heavily in case law and the difficult human stories those cases addressed.  And they will emphasize the day-to-day clinical realities that must be understood if difficult bioethical/legal questions are to be addressed insightfully and appropriately.

Business Organizations I
Course 211
3-hour practice foundation menu course

This course is a survey of agency law and selected statutory provisions, common law doctrines, and administrative regulations related to the formation, operation, and dissolution of general partnerships, limited partnerships, and corporations, along with the rights and responsibilities of the primary internal stakeholders of these entities.  Class discussions of cases include both ethical issues associated with practicing law within the context of business situations, and practical perspectives to forward students’ development of lawyering skills while mastering terminology and substance.  Although the broad framework of business serves as a backdrop for the legal doctrine, the course is designed to be accessible to students without a business background.

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Course 569
4-hour skills course
In the Children's Defense Clinic, supervised student attorneys will provide legal representation to youth facing criminal charges in delinquency proceedings in the Shelby County Juvenile Court. Concurrent with their case work, Clinic students will complete a curriculum designed to provide training in the handling of delinquency cases, to enhance the vital lawyering skills students will use in their casework and in practice beyond, and to expose students to the complex legal, policy, social, and economic issues that arise in the juvenile justice and criminal defense settings. The Clinic will emphasize team practice and collaboration, and, where possible, develop and seize on interdisciplinary partnerships to provide broadly focused, multi-systemic advocacy for Clinic clients.
 

This clinic offers student attorneys the opportunity to develop the core legal skills determined by the ABA’s MacCrate Report to be fundamental to the successful practice of law.  This is foremost a litigation clinic, which allows student to practice essential skills necessary in a litigation practice, in the context of representing children.  Due to the nature of a child and family law practice, this Clinic has a strong interdisciplinary bent.

Student attorneys primarily represent children as court-appointed Guardians ad Litem in juvenile court in child abuse and neglect or termination of parental rights proceedings.  There is a great demand for court-appointed attorneys in juvenile courts in Tennessee, both in child representation and parent representation, and this Clinic prepares graduates to undertake these roles.  In addition, student attorneys might represent a child in education matters, delinquency hearings, adoption, guardianships, conservatorships, administrative matters such as children’s SSI, or miscellaneous other problems that might take the student to chancery, probate, or circuit court, to administrative agencies, or even to the appellate courts.  Through giving a vulnerable population ‘voice’ in the legal system, the Child and Family Litigation Clinic awakens within students who will be tomorrow’s litigators, advocates, lawmakers and judges a spirit of compassion, a sense of fairness, and an understanding of equal justice.  This course satisfies the upper-level skills requirement.

Prerequisite (Required): Professional Responsibility and Evidence
Prerequisite (Recommended): Juvenile Law and Trial Advocacy

 

Civil Procedure I
Course 114
3-hour required course

Civil Procedure provides an overview of the procedural issues involved in the filing and adjudication of civil suits, primarily in federal court. Over two semesters (Civil Procedure I in the fall, Civil Procedure II in the spring), we will study: jurisdiction over the parties and the subject matter; venue; the applicable law; pleadings; joinder of parties and claims; discovery; adjudication without trial; principles of trial by jury; the preclusive effects of former adjudication; and, if time permits, additional advanced topics.

A subset of the above-listed topics is covered in Civil Procedure I (fall semester). Please check with the instructor for a list of the specific topics covered.

Civil Procedure II
Course 124
2-hour required course

Civil Procedure provides an overview of the procedural issues involved in the filing and adjudication of civil suits, primarily in federal court. Over two semesters (Civil Procedure I in the fall, Civil Procedure II in the spring), we will study: jurisdiction over the parties and the subject matter; venue; the applicable law; pleadings; joinder of parties and claims; discovery; adjudication without trial; principles of trial by jury; the preclusive effects of former adjudication; and, if time permits, additional advanced topics.

A subset of the above-listed topics is covered in Civil Procedure II (spring semester). Please check with the instructor for a list of the specific topics covered.



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Civil Rights
Course 322
3-hour elective course

This course covers § 1983 litigation and aims to make students familiar with issues that arise in prosecuting or defending a § 1983 action.  TOPICS:  Action under color of state law, statutory claims, Fourth Amendment, Eighth Amendment, Due Process, Immunities, Municipal Liability, Eleventh Amendment, and if time allows, Recovery (including attorney’s fees), and Jurisdictional issues.

Prerequisite (Required): Constitutional Law 
Prerequisite (Recommended): Criminal Procedure
 
Commercial Law
Course 700
4-hour elective course

This course examines core concepts of the Uniform Commercial Code, focusing on Sales (Article 2), Negotiable Instruments (Article 3), and Secured Transactions (Article 9). Related areas of law (i.e., bankruptcy, payment systems, consumer law, etc.) and aspects of commercial and business practices will be discussed as required. This course is intended to provide an overview of commercial law for students who will not be enrolling in each of the commercial law trilogy (Sales, Commercial Paper, and Secured Transactions), but who wish to obtain a significant exposure to the structure and operation of the Uniform Commercial Code, as well as to fundamental commercial law and business practices.

Note: Students who already have completed two or more of the commercial law menu courses will not be permitted to enroll in Commercial Law Survey. Students who have completed Commercial Law Survey may take one of the other commercial law courses in order to gain in-depth knowledge about the chosen area; the student may take both Commercial Law Survey and one other commercial law course in the same semester.

Commercial Paper
Course 323
2- or 3-hour statutory menu course

The law of commercial paper is concerned with the facilitation of banking and other commercial transactions through the use of negotiable paper.  The course focuses on Articles 3, 4, and 4A of the Uniform Commercial Code and on relevant federal legislation affecting payment systems.

Comparative Law Seminar
Course 441
2-hour research/writing course

Despite accelerating globalization, the world remains governed by an overlapping set of fragmented legal regimes. This seminar will survey a number of non-U.S. national legal traditions from historical, critical, and comparative perspectives.  Topics of current interest will include studies of horizontal and vertical legal harmonization and regionalism. This course satisfies the Advanced Research/Writing requirement.

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Conflicts
Course 324
3-hour elective course
Bar course

When an Arkansas driver is involved in an accident in Tennessee, which state's law applies? Are states ever required to recognize out-of-state divorces or apply foreign laws? When and how can contracting parties choose a particular set of laws to govern their relationship? This course will prepare you to address the issues that arise when a matter may be governed by more than one legal system. Particular areas of focus include horizontal (state-versus-state) choice-of-law approaches, constitutional limits on horizontal choice of law, and recognition and enforcement of out-of-state judgments, and vertical (federal-versus-state) conflicts.

Constitutional Law
Course 212
4-hour required course

The objective of this course is to become familiar with major topics of constitutional debate and to learn to make a constitutional argument.  Coverage:  Article III, Commerce Clause, Dormant Commerce Clause, Articles IV & VI, Due Process, Equal Protection and (time allowing) First Amendment freedoms of speech and religion.

Consumer Law
Course 725
3-hour elective course
This problem-based course introduces the student to contemporary issues arising from consumer transactions including solicitation, advertising, identity theft, credit reporting, credit discrimination, consumer financing, warranties, home purchases and financing, credit cards, automobile purchases and financing, payday lending, and student loans. Students will prepare written responses to problem sets before each class period. Timely preparation of these assignments will make up 25% of the final grade. Students will sit for a final comprehensive examination which will make up the remaining 75% of the final grade.

 

Contracts/Contracts II 
Course 111/Course 121
3-hour required course/2-hour required course

This course addresses contract formation and breach of contract.  Coverage includes:  the meaning of the word “contract”; the doctrine of consideration and when promises may be unenforceable due to the absence of bargained-for exchange; the elements of and the subtle twists associated with offer and acceptance; the requirement of a writing for certain types of contracts; the extent to which courts “police” the substance of a bargain to prevent unfairness and limit contract enforcement; the process of defining the scope of a contract; and the interpretation of contract language.

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Copyright
Course 325
2- or 3-hour elective course

This course covers the subject matter of copyright, limitations on the subject matter of copyright, infringement of copyright, and defenses to infringement.  This course will teach concepts fundamental to Copyright Law so that students will understand and be able to apply them to analysis of issues arising in factual settings.

Corporate Finance
Course 384
2-hour elective course
This course is designed to familiarize the student with basic concepts of corporate finance, including certain valuation methodologies, related accounting concepts and legal and administrative requirements. It will focus on the lawyer's role in corporate practice, dealing primarily with public companies, debt and equity financings and the terms and provisions of relevant instruments, such as preferred stock, subordinated debentures, warrants, stock options and various classes of common and preferred stock. It also will cover various aspects of mergers and acquisitions, tender offers and anti-takeover defenses.
 
Prerequisites: Business Organizations; Mergers and Acquisitions is helpful but not required.
 
Corporate Governance and Compliance
Course 720
2-hour elective course

This course covers corporate governance and compliance. "Corporate Governance" refers to the processes by which decisions are made within firms, including the roles played by shareholders, directors, and executives. "Corporate Compliance" refers to the processes by which an organization seeks to ensure that employees and others conform to applicable norms, which can include either the requirements of laws or regulations or the internal rules of the organization. Covered compliance mechanisms include internal enforcement, as well as the role played by regulators, prosecutors, whistleblowers, and attorneys.

Corporate Law Seminar
Course 440
2-hour research/writing course

This course provides an in-depth discussion of the law, theory and policy of corporate governance. The course will be taught in a seminar format and will require the completion of a paper. This course satisfies the Advanced Research/Writing requirement.

Corporate Tax
Course 334
3-hour statutory menu course

The course focuses on the federal income tax aspects of corporate formation, capital structure, distributions to shareholders, redemptions of shareholders, liquidations, taxable acquisitions and reorganizations, and nontaxable reorganizations.

Prerequisite (Required): Basic Income Tax

Criminal Law
Course 126
3-hour required course

This course introduces students to basic principles of substantive criminal law (under the common law and one Model Penal Code), the principals of criminal culpability and the analysis of criminal statutes.  Topics include: the criminal act, mens rea, homicide, attempt, complicity, conspiracy and defenses.

Criminal Procedure I
Course 223
3-hour practice foundation menu course

An examination of principles of constitutional criminal procedure, with a focus on search and seizure, the right to counsel, the law governing interrogation and confessions, and pre-trial identification procedures and other selected issues.

Criminal Procedure II
Course 326
2-hour elective course

Covers all aspects of criminal procedure from pre-arrest through post-conviction and habeas corpus. Upon completion of course, students should have a thorough and practical understanding of criminal procedure, particularly Tennessee Rules of Criminal Procedure.

Prerequisite (Recommended): Criminal Procedure I is recommended, but not required. Primarily statutory, but some practice emphasis. Although not specifically listed as a topic that is bar tested, some bar questions in the past have included matters covered by this class.

 Debtor-Creditor Law
Course 327
3-hour elective course

Debtor-Creditor Law is a foundational course that addresses the question of what to do when there's not enough money to go around. It provides a brief introduction to state and federal debt collection laws before diving into federal bankruptcy law. The emphasis is on the consumer side because that is most often the context in which these questions arise, but also explores concepts such as fraudulent conveyances and preferential transfers that are encountered in business contexts as well, The course serves as an excellent review of concepts learned in secured transactions that are likely to be encountered on the bar exam. It is a must for both transactional lawyers who want to draft documents that adequately address the possibility of financial default and litigators who want to know what to do once a judgment is entered.

It is strongly recommended, but not required, that students complete Secured Transactions before taking this course.

Decedents' Estates
Course 213
3-hour practice foundation menu course

Coverage includes intestate succession, wills, nonprobate assets, and a brief introduction to trusts. Objectives include mastery of fundamental principles under the Uniform Probate Code, the Tennessee Code, and case law.

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Discovery
Course 377
2-hour skills course

This course covers the pre-trial practices used by one party to obtain facts and information about a case from another party in order to assist the party's preparation for trial. Students study depositions, interrogatories, production of documents, requests for admissions, and other pre-trial discovery practices. The course is hands-on and requires students to draft pleadings, conduct discovery activities, and participate in a mediation. The course also includes electronic discovery and discusses counsel's duty to properly identify, preserve, collect, review, and produce electronically stored information (ESI), as well as on the basic technological knowledge litigation counsel should possess. The course covers the growing case law in the area and prepares students through exercises in mock depositions, and exercises in proper written discovery practice and an exercise in a mock mediation.  The course satisfies the upper-level skills requirement.

There are no prerequisites.

Divorce Law Practicum
Course 305
3-hour skills course

The Divorce Law Practicum is a semester-long course designed to convey the essential principals, skills, and values that a lawyer must embrace and master in order to provide competent counsel in the practice of divorce law.  Working in the context of a simulated case file and related mock writing and advocacy opportunities, students will consider the potential effects of the substantive law, procedural rules and ethical guidelines, as well as the accepted customs and practices of lawyers.

Designed for students who have completed the fundamental Family Law survey course, the 3-hour Divorce Law Practicum will closely examine the primary areas of divorce practice.

Prerequisite (Required): Civil Procedure, Evidence and Family Law 

Economic Analysis of the Law
Course 346
3-hour elective course

The objective of the course is to expose students to the economic analysis of the law. The course covers at a basic level various economic principles and considers application of those principles to basic areas of law, ie; tort, contract, and property.

Education & Civil Rights
Course 310
3-hour elective course

This course explores the intersection of education law and policy as it meets constitutional and equal protection law.  Students will be asked to consider policy decisions that impact civil rights in various areas, including student assignment, student admissions, and student instruction, and relate them to disparities across lines of race, ethnicity, gender, native language, and religion.

Elder Law
Course 374
3-hour elective course

Coverage includes ethical issues, age discrimination in employment, income maintenance, health care, long-term care, housing, guardianship, health care decision making, elder abuse and neglect, and basic estate planning. The objective is to provide an overview of principal issues facing the practitioner of Elder Law. 

Prerequisites (Required): First-year courses.

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Elder Health Law Advocacy Clinic
Course 535
4-hour skills course

The Elder Health Law Advocacy Clinic will provide students with the opportunity to 1) represent low income elderly patients facing legal issues related to health care, such as advanced health care decision making, Medicaid and Medicare eligibility, nursing home quality of care and residents' rights issues, hospice care, and medical futility; 2) engage in collaborative health policy discussions and initiatives with aging network providers; and 3) conduct community education efforts targeting health law issues of concern to the elderly.  During orientation, student attorneys will interface with the Long Term Care Ombudsman for West Tennessee and various other aging network health care providers, while also becoming acquainted with pertinent ethical issues, substantive health law issues affecting elders, administrative law relating to TennCare and Medicare appeals and Clinic office procedures.   After the initial three weeks of orientation, students will participate in weekly case review meetings with their supervising clinical professor and other class members to discuss issues and progress in their cases, policy initiatives and community education efforts.  Students are expected to devote 15 hours per week (which includes seven office hours and a weekly one-hour twenty-minute case review session) on Clinic activities.

Prerequisites: Professional Responsibility and Evidence
Recommended:  Health Law, Administrative Law and Elder Law
Course 510
4-hour elective course
The Elder Law Clinic is a live client clinic, where students will have the opportunity to provide legal representation to actual persons to whom they will owe a professional responsibility.  Ideally, each student will represent between 4-6 clients during the semester, with cases ranging from wills, durable powers of attorney for finances, affidavits of heirship, qualified income trusts, and other document preparation, to consumer protection, contract matters, financial exploitation, governmental benefits, housing and real property law, custody, adoption, and uncontested divorce.  Depending on their caseload, students will have the opportunity to develop skills in interviewing, factual development, legal research and writing, case management, problem solving, community legal education, client counseling and negotiation and should expect some litigation and courtroom experience.

Prerequisites: Professional Responsibility and Evidence

Recommended:  Decedents' Estates and Elder Law

 

Employee Benefits
Course 371
3-hour elective course
 

With employee benefits issues, laws, and regulations changing so rapidly and at the forefront of the news, business and legal worlds, employee benefits law has become one of the fastest growing and most critical areas of the law today.  Employee benefits issues affect not just traditional “pension” lawyers but also affect the practices of many practicing lawyers, including the corporate lawyer, the domestic relations lawyer, the litigation lawyer, the estate planning lawyer and the general practitioner.  This course will provide an introduction to ERISA-governed employee benefit plans (including the impact of the Affordable Care Act on such plans), welfare benefit plans, and executive compensation plans.  It will be an applied problem method of instruction with emphasis on questions, issues and problems involving employee benefit plans likely to arise in a general litigation or business transaction practice.

Entertainment Law
Course 369
3-hour elective course

This course combines aspects of contract, tort, intellectual property, antitrust, and secured transactions, and applies those disciplines to the unique entertainment business setting. We will study the entertainment industry from both a macro level (i.e., the organization of the motion picture, television video game and music business, including the function of studios, producers, networks, record companies, agencies, managers, lawyers and labor unions) and a micro level (i.e., examining actual agreements in order to understand the principal components of motion picture talent, production and distribution contracts, television series contracts, gaming, music and book publishing contracts). We will also examine key litigation issues that affect the industry, such as the interaction of the First Amendment and the right of publicity, the right of privacy and libel, the anti-SLAPP laws, and the "final cut" and profit participation cases. The impact of the digital media (including the internet) will also be analyzed, along with the future of the entertainment industry, including convergence, holograms, syntho-thespians and the like.

Environmental Law
Course 328
3-hour elective course

This survey course provides a broad, practical understanding of several important federal environmental statutes and related case law. The course is designed to introduce students to the variety of environmental challenges addressed by environmental laws, the difficult policy issues surrounding environmental problems, the legal complexities of environmental regulatory and administrative schemes, and issues associated with compliance and enforcement.  The course focuses on the following federal acts:  the National Environmental Policy Act (NEPA), the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act (RCRA), and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

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Estate Planning and Transfer Taxation
Course 329
3-hour elective course

Analysis of all aspects of Wills, probate procedures, trusts, Living Wills, Guardianships, Durable Powers of Attorney, Irrevocable Trusts, Estate Tax savings techniques, generation skipping techniques, life insurance in estate planning and probate avoidance techniques.

Prerequisites (Required): Decedents' Estates

Evidence
Course 221
4-hour required course

Considers the presentation of and admissibility of factual information in the trial of a case: including the determination of relevance; proof of writings and other real evidence; qualification, examination and impeachment of witnesses; privileges; opinion testimony; and the application of the hearsay rule. Emphasis is on the Federal Rules of Evidence.

Externships

Fair Employment Practices
Course 330
3-hour statutory menu course

Focuses on statutes banning discrimination in employment and other fair employment issues. Federal and state laws dealing with discrimination on the basis of race, sex, age, religion, disability, and national origin will be examined. Questions regarding affirmative action and "reverse discrimination" will be discussed. The course will also look at the recent erosion of the employment at will doctrine and a variety of special employment-related topics.

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Family Law
Course 331
3-hour practice foundation menu course
Bar Course

This is a survey course in Family Law that focuses primarily on marriage, divorce, and issues related to dissolution of a marriage. There is an emphasis on Tennessee law.

Family Law Seminar
Course 421
2-hour research/writing course

This seminar examines current topics in family law with an emphasis on reproductive rights, the establishment of the parent-child relationship, and the evolving definition of family.

Students will write and present a substantial, publishable quality paper. This seminar satisfies the Advanced Research/Writing requirement.

Prerequisites (Required): Constitutional Law and Family Law

Federal Courts
Course 333
3-hour elective course

This course addresses the constitutional and statutory  provisions, as well as the judicially-created doctrines, that shape and limit the role that federal courts play in our system of government. It pays particular attention to issues implicating the separation of powers and federalism and to contending visions of the functions federal courts should perform in American society. Selected topics include the nature of the federal judicial function, standing and justiciability doctrines, congressional control of federal court jurisdiction, Supreme Court review of state court decisions and the relationship between state and federal law, the federal question jurisdiction of the federal district courts, judicial abstention doctrines and the power of federal courts to enjoin state court proceedings, and state sovereign immunity from suit in federal and state court.

Corequisite: Constitutional Law
Prerequisite (Required):  Civil Procedure I & II

 

Federal Discrimination Seminar
Course 444
2-hour elective course

This seminar looks at current topics in federal discrimination law.  Topics include disparate impact analysis, affirmative action, gay rights, voting rights issues, and others.  Reading assignments are included in a packet provided by the professor and average 30-40 pages per week.  The packet includes excerpts from cases, law review articles, congressional testimony, and newspaper and magazine articles, as well as several short writing exercises.  Students will write one 25-page research paper, and present that paper in a class toward the end of the semester. This course satisfies the Advanced Research/Writing requirement.

Food and Drug Law
Course 388
3-hour elective course

The primary focus of this class will be on the Food, Drug and Cosmetic Act generally and the FDA, in particular. The course covers such contemporary issues as protecting against unsafe or mislabeled food, controlling carcinogens, color additives, expediting approval of AIDS and cancer drugs, assuring the safety of prescription drugs before and after marketing, importing drugs from abroad, switching drugs from prescription to nonprescription status, balancing the benefits and risks of breast implants, the compassionate use of experimental products, regulating complex new medical device technology, control of such biotechnology techniques, requiring adequate consumer and professional labeling for FDA-regulated products, and the relationship among international, federal and state regulatory enforcement. There are no prerequisites, but Administrative Law is recommended.

Franchising Law
Course 706
2-hour elective course
The impact of franchising is very significant, as franchised businesses contribute to over 11% of all private sector economic output, create over 15% of all private sector jobs, and account for approximately 3.4% of the gross domestic product of the United States.  With over 3,000 franchise businesses and 900,000 franchise establishments, there are nearly 9.5 million jobs in franchised businesses in our country.  It is most likely that practicing attorneys will have some meaningful involvement with franchising throughout their careers.
 

This course will cover all relevant aspects of US franchise law, including: its history;  the impact of trademark , trade secret, and antitrust laws on franchising; the governing federal and state registration laws; the unique franchise sales process and required documentation; and the typical contractual, business and real-life issues that arise with franchising.

The focus of the course will be on the practical side of providing legal assistance to franchisors and franchisees.  The intent of this course is to prepare the participants to be able to render meaningful and proper advice to clients in this highly regulated and pitfall-ridden business arena. Along with providing a basic understanding of the entire franchise process, this course will offer specific guidance on gauging the viability of franchise opportunities, gleaning relevant information from franchise disclosure documents, negotiation of franchise agreements and related documents, and handling the day-to-day issues most common to franchise relationships.   There are no prerequisites for this course and no prior experience in Intellectual Property is required. 

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 Government Relations & Lobbying
Course 710
2-hour elective

This course will cover the statutory requirements on becoming a lobbyist at the federal level, as well as applying it to interactive scenarios using real examples. This course is geared toward the practical practice of lobbying, whether in law firms, corporations, or government bodies.

Guns and the Law
Course 724

2- or 3-hour elective course
This course explores a variety of legal issues related to the contentious issues of guns and gun violence in America, including current federal and state gun laws, major constitutional cases, post-Heller Second Amendment litigation, modern self-defense rules such as Stand Your Ground laws, civil liability, gun laws in other countries, legal solutions to gun violence, and issues of guns and race, alienage, culture, and gender.
 


 Health Care Insurance & Regulation Seminar
Course 434
2-hour research/writing course

In this seminar, students will engage in detailed investigation of how the health care system is designed post-enactment of the Patient Protection & Affordable Care Act ("ACA"). It will use ACA as a vehicle through which to gain deeper understanding of how health insurance is structured in the U.S., and how ACA impacts (or is likely to impact) the "experience" of health care, at an individual or population – and private or public – level via federal and downstream state law and regulation. The primary intent will be to equip students with the knowledge to better understand the short- and long-term implications of ACA vis-à-vis the health care "system," and the skills to analyze policy developments to more effectively practice in an ever-changing health law landscape.
Students will be expected to write a substantial, publishable quality paper, and to present their work to the class. This seminar will satisfy the Advanced Research/Writing requirement.
 
Prerequisite (Recommended): Health Law (can be taken concurrently)
 


Health Law Survey
Course 722
3-hour elective course

This course provides broad coverage of health law issues, suitable for all students with an interest in health law while also serving as a foundation for those students seeking to concentrate their studies in health law. The course will seek to expose students to leading components of what health law practitioners consider to be health law. The first part of the course will cover Quality and Access issues, where topics will include: access to health care and the "duty to treat," licensing of health professionals and institutions, informed consent and confidentiality, and health care professional and institutional liability. The second part will cover major bioethical issues in health care, including abortion, the right to die, and regulation of human research subjects. The third part of the course will cover topics in public health law, such as immunization and reducing medical errors. The fourth part will then move to Organization and Finance topics, including: funding of health care through private and public insurance, including Medicare and Medicaid and as expanded through the Affordable Care Act; fraud and abuse laws, including the False Claims Act, the Anti-Kickback law and STARK; and antitrust law.
 


Health Policy Practicum (offered fall and spring semesters)
Course 705
3-hour skills course

In the Health Policy Practicum ("Practicum"), students will work in teams alongside community partners to address a real-world policy issue negatively impacting health. Specific projects may change from year to year, and more may be added or amended, depending on community needs at a given time. Types of projects may include (non-exclusive list, all as relate to health law/policy issues):
• a literature review and analysis;
• a needs assessment to develop health policy priorities;
• an education module on a law/policy issue for non-lawyer audiences;
• a position paper for a community stakeholder entity;
• prepared testimony for presentation to a governmental body;
• a piece of legislation or regulation, or comments to regulation; or
• an analysis of existing policies to identify gaps, funding needs for effective implementation, necessary adjustments to achieve policy goals, etc.
The course will include a weekly seminar (1 hour-50 minute) that will focus on building core understanding of legal issues implicated by a given year's policy project(s), in addition to skills of policy-making and community engagement, and an opportunity to present work, learn from affected stakeholders and brainstorm options. Out-of-class work will include drafting exercises and topical research, and community-based project work under the supervision of a lead Community Supervisor as determined in consultation with Practicum faculty and community partners. Overarching supervision, and final grade assessment, will reside in Practicum faculty.
Students will receive 3 "SKILLS" academic credits for the course on a graded basis (A/B/C/D/F). This course meets the experiential course requirement for students seeking the Health Law Certificate.
Prerequisites: Health Law or Public Health Law (prior to or concurrently). (Recommended: Administrative Law or Legislation (prior to or concurrently).)
 


Health Law Seminar
Course 400
2-hour research/writing course

In this course, students will write and present a paper on a topic in healthcare law.  The purpose of this seminar is to provide each student with writing instruction and exposure to the health law literature.   Students have the flexibility to choose from a wide variety of topics but, ultimately, the topic must fall under the umbrella of "health law." Students will also practice writing well by following a strict schedule to organize their thoughts and then learn about critique by presenting their topics to an audience.  The seminar will guide students through topic selection, the writing process, reading health law articles, and finishing a first draft. By the end of the semester, students will do a presentation on their paper and turn in a final draft. This course fulfills the upper-level writing requirement.
 
Corequisite: Must have taken or be currently enrolled in Public Health Law, Health Law I, or Bioethics.
 


Housing Adjudication Clinic
Course 501
4-hour skills course

Students enrolled in the Housing Adjudication Clinic will have the unique opportunity to study law and lawyering from the standpoint of the administrative law judge rather than that of direct client representative.  Working under faculty supervision, students will be assigned to investigate, research, hear, adjudicate, and issue written opinions ruling on administrative appeals involving participants in the Memphis Housing Authority’s Housing Choice Voucher Program who have challenged adverse decisions affecting their public housing assistance.  To complement their work as adjudicators, Clinic students will participate in a twice-weekly classroom seminar designed to survey substantive fair housing law, explore administrative law and procedure, provide skills training, and consider issues of ethics and professionalism that arise in the context of the hearings to which they are assigned. This course satisfies the upper-level skills requirement.  

Immigration Law
Course 337
3-hour elective course

The subject matter of Modern Immigration Law and Policy.  OBJECTIVES: To teach concepts fundamental to Immigration Law so that students will understand and be able to apply them to analysis of issues arising in factual settings.

Income Tax
Course 214
3-hour statutory menu course

This course covers concepts of gross income, exclusions from gross income, deductions, capital gains, timing, and tax systems. An important objective of the course is to develop the skill of reading statutes and applicable regulations.

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Insurance Law
Course 339
3-hour elective course

This course will focus on traditional insurance law concepts and cutting edge legal issues affecting insurance law theory and practice. The course work will include an examination of insurance history and fundamental concepts, insurance contract law, government regulation, insurable interest requirements, limitations of risk, defenses and duties of policy holders after loss.  The course will include a review of property, liability, life, health, disability, automobile and other forms of insurance coverage.  We will spend a considerable time with insurance coverage that attorneys will be called upon to consider and understand in most all types of practices.

Intellectual Property Survey
Course 395
3-hour elective course

This course covers the basics of intellectual property law relating to trade secrets, patents, copyrights, and trademarks.

International Business Transactions
Course 399
3-hour elective course
This course consists of two parts.  The first part introduces the student to the environments within which transnational business operations take place.  Within this framework a basic introduction to Public International Law will be followed by a concise examination of the leading institutions of the World Economic Environment such as the World Trade Organization and the International Monetary Fund.  On the transactional level the corporate actors in the transnational business environment will be introduced focusing on the special role of the multinational enterprise.  A comparative law overview of transnational legal practice opportunities will lead to a more comprehensive discussion on international litigation strategies covering forum selection, choice of law, international commercial arbitration, and other practical private international law problems.  The second part of this course presents problem exercises in transnational business, such as drafting and consulting on transnational sales, distributorship agreements, and licensing agreements.
 


International Economic Law
Course 397
3-hour elective course

 

This course examines the legal and economic frameworks of international trade.  The course focuses on the arguments for and against free trade and on the law of the World Trade Organization.

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International Human Rights Law
Course 306
2-hour elective course
This course provides an introduction to international and regional laws and mechanisms for the protection and promotion of human rights.  Students will begin by studying the history and evolution of basic principles of international human rights law.  Through a critical examination of the development and effectiveness of international and regional international human rights mechanisms, students will have the opportunity to explore contemporary human rights issues in more detail.  Selected topics may include: The Role of Non-governmental Organizations, Socio-Economic Rights Litigation, Gender, Humanitarian Intervention and Refugees. 
 


International Law
Course 340
3-hour elective course

Introduction to public international law that also explores selected private transnational legal problems. Covers the nature and sources of international law, jurisdiction of states over persons and territory, recognition of states and governments, governmental immunities, the law of treaties and principles of state responsibility. Special emphasis is on the study of the international protection of human rights, legal controls on the use of force and selected transnational economic problems.
 


Jurisprudence
Course 342
2-hour elective course

General survey of jurisprudential subjects, including stare decisis, methods of legal analysis; methods of judging; legislative intent; Natural Law; Positive Law; Legal Realism; Sociological Jurisprudence; Critical Legal Studies; Feminist Jurisprudence; and Critical Race Theory.

Juvenile Law and Practice

Course 303
3-hour skills course

This is a three credit survey course that covers doctrine, practice, and procedure regarding children's rights, juvenile delinquency, juvenile dependency (abuse, neglect, and abandonment), and termination of parental rights.  Because the right to family integrity on the civil side and a child's potential loss of liberty on the delinquency side serve as bedrocks for juvenile statutes and rules, the course, of necessity, dwells on constitutional law principles.  Practice in Tennessee courts will be highlighted. Students will be required to observe three hours of proceedings in the Juvenile Court of Memphis and Shelby County and write a reflection paper.   During the first five weeks of the semester, doctrine and drafting will be emphasized. During the last two weeks of the semester, trial skills will be emphasized, and students will be expected to conduct a mock juvenile trial.   Students will be graded on two written drafting exercises, their performance in the mock trial, and on a one (1) hour closed book examination.

Labor Relations
Course 343
3-hour elective course
This course is a study of labor relations law, with a special focus on the federal statutes. Primary emphasis is placed on union organization, employer responses, union economic weapons (strikes, picketing, and boycotts), internal union discipline of members, collective bargaining, and the role of the National Labor Relations Board. The problems involved in balancing the interests of management and labor, the individual and the group, and the state and federal governments will also be discussed.

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Land Use Law
Course 344
2-hour elective course
Land use law governs the way our cities are developed and redeveloped.  This two-hour course will focus on land use as practiced in Tennessee by examining pertinent case law, statutes and legal concepts related to the fields of planning, zoning and subdivision regulations.  The course will also cover federal statutes that affect local zoning, including Section 1983 of the Civil Rights Act of 1871,  the Civil Rights Act of 1968 and the Telecommunications Act of 1996, as well as pertinent sections of the United States Constitution and the seminal opinions they have promulgated.
 

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Law Review
Courses 912, 913, 914
3- or 4-hour research/writing course

The University of Memphis Law Review is the law school’s scholarly journal, publishing articles written by law professors, judges, and practitioners, as well as student “Notes” written by members of the law review.  Students serving as staff members or editors earn credit writing their notes, editing and cite-checking articles, and fulfilling the other obligations necessary to publish 4 issues of the law review each year.   Students are selected to become law review staff members through a “write-on” competition held in the summer after the first year of law school that considers their performance on the write-on competition paper, their score on a legal citation style (i.e., Bluebook) test, and other factors.  In their second year of law school, staff members interested in becoming editors may apply in the Spring semester for positions on the editorial board.  A minimum GPA of 2.50 is required to participate in and remain eligible for law review. Successful completion of the Law Review Note satisfies the research/writing requirement.

Legal Argument and Appellate Practice
Course 347
2- or 3-hour research/writing OR skills course

This is a practical course which focuses on the skills involved in taking a first appeal. Students will work with a real trial transcript. The class will focus on identifying issues for appeal and will cover topics such as preservation of error, plain error, harmless error, and standards of review. Students will write a brief to a court of appeals and argue the appeal orally. This course will satisfy the upper-level skills requirement or the research/writing requirement, but not both.

Legal Drafting: Litigation Drafting 
Course 513
2-hour skills course

This course is designed to provide second- and third- year law students with the skills and knowledge necessary to draft client letters, pleadings, and motions involved in civil litigation.  Students will be challenged to refine their writing skills and strategic analysis of pre-trial issues in this practical based course.  This course satisfies the upper-level skills requirement.

Legal Drafting: Contracts
Course 597
2-hour skills course

This course is a transactional drafting course for second- and third- year law students.  The course is designed to provide students with the analytic skill of translating the business deal into contract concepts, and an understanding of the rules and techniques for good transactional drafting to enhance clarity and avoid ambiguity.   Students will be challenged to learn to think like lawyers and develop skills in translating that thinking into the contracts they draft, utilizing a variety of contracts and transactional practice areas.  This course satisfies the upper-level skills requirement.

Legal Ethics Seminar
Course 447
2-hour research/writing course

This seminar gives the students an opportunity to gain a deeper understanding of selected issues in professional responsibility and professionalism. Coverage will include confidentiality, conflicts of interest, litigation tactics, perjury, the client-lawyer relationship, counseling clients, competence, admission to practice, professional discipline, delivery of legal services, and legal education.  Students research and write a paper on a selected professional responsibility or professionalism issue. This course satisfies the Advanced Research/Writing requirement.

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Legal Methods I
Course 113
3-hour required course

Objective: To produce competent practitioners using a guided approach to legal research, legal drafting, and legal analysis. This course focuses on the process of legal research, the objective analysis of legal issues, and the substance and form of objective legal memoranda.

Legal Methods II
Course 123
2-hour required course

The objective of this course is to produce competent advocates.  LM II covers persuasive advocacy.  Building on LM I's emphasis on research, analysis, and objective writing, students further refine these skills by drafting a persuasive brief and arguing before a mock court.

Legislation
Course 348
3-hour statutory course menu course
Many law school courses focus on judge-made law and appellate opinions. The vast majority of American law, however, is enacted law—statutory and regulatory law. This course is designed to teach students how legislatures enact law.  Studying Article I of the U.S. Constitution as well as House and Senate standing rules, students explore how Congress is structured and how it operates to make law and policy. The course also discusses courts' relationship with statutory law and the canons of statutory construction.  Finally, the course teaches students how to draft legislation—at the end of the term the class will sit as a mock legislature debating bills drafted by students.
 
Course 502
2-hour Research/writing course
 
This seminar will encourage students to explore the rise of mass incarceration and its consequences for U.S. law and society. The following topics will likely be explored as they relate to mass incarceration: origins and causes; sentencing; the "War on Drugs"; disability and mental health; race and poverty; penal confinement & conditions; effectiveness in crime reduction; effect on families and labor markets; rehabilitation & recidivism; the purpose of penal punishment; and penal reform. Assigned reading will include various sources including case law, summaries of existing research, books, legal scholarship and research papers in other disciplines. Assessment for the class will be based on in-class participation and a research paper. This course satisfies the Advanced Research/Writing requirement.
 

Prerequisites: Constitutional Law, Criminal Law
 

 

Mediation Clinic
Course 502
4-hour skills course

Students in the University of Memphis Mediation Clinic will study mediation from the inside-out, analyzing in detail the communicative, strategic, and ethical dimensions of specific interventions that mediators make in the context of particular cases. The Clinic will primarily focus on the students as the mediators, but the students will also be asked to consider the issues from other points of view: as the disputant, as an attorney representing a client in mediation, and in the capacity of advising an organizational client about dispute resolution options. The Mediation Clinic has four primary components: (1) The training that is required by Tennessee Supreme Court Rule 31 before one may become listed as a Rule 31 General Civil Mediator; (2) Ongoing student observation of mediations conducted by Rule 31 Mediators in General Sessions Court cases, Federal Court cases, and other administrative proceedings; (3) Student participation as co-mediator (when available with clients' permission) with Rule 31 Mediators in Shelby County General Sessions Court cases (or other agencies); and (4) Weekly classroom seminar and participation in simulations designed to give students further training and feedback throughout the course of the semester.
 


Medical-Legal Partnership Clinic
Course 595
4-hour skills course

Housed in both devoted hospital space and the law school Clinic offices, law students participating in the MLP Clinic provide legal assistance to the low-income patients of Le Bonheur Children's Hospital and their families under the supervision of experienced MLP faculty, lawyers, and healthcare providers. Among other case-related assignments, MLP Clinic students conduct intake interviews, develop case strategies, conduct legal research, prepare legal documents, counsel clients, and provide representation in court and administrative proceedings pursuant to applicable student practice rules. Among other areas of focus, the MLP Clinic assists clients in cases involving housing and landlord-tenant issues, public benefits, public and private health insurance, wills and health power of attorneys, guardianships, and conservatorships and educational law services.
 
To complement their casework, Clinic students will participate in a weekly interdisciplinary classroom session designed to explore the legal work they are performing, the legal, policy, and ethical issues that affect patients' health, and the ways that health outcomes and health care access for low-income children can be enhanced by bringing health and legal professionals together. Throughout their Clinic semester, students have the opportunity to work collaboratively with the faculty and staff of Le Bonheur Children's Hospital and to participate in joint class sessions with medical students and students from other health disciplines.
 
Prerequisites: Professional Responsibility and Evidence preferred, although not required.
 


Mental Health Law
Course 394
3-hour elective course

This course begins with a discussion of mental disorders from the medical perspective.  Next, attention is turned to the role of mental health experts in legal matters, with special emphasis on that to which they can and cannot testify and when a defendant is entitled to the assistance of an expert.  In this area, many of the cases involve the insanity defense, including those with the death penalty at stake.
 
The focus then turns to civil commitment, which is the largest part of the course.  In short, a person can be involuntarily hospitalized if he or she has a mental illness and as a result of that mental illness is either dangerous to himself/herself or others.  Both the substantive and procedural aspects of civil commitment are covered.  To see these in practice, students have the opportunity to observe civil commitment hearings, which are closed to the public.
 
Some time is also spent on the issue of competency and the appointment of a guardian or conservator.  Finally, students examine what mental issues are required to be disclosed on the Tennessee Bar Application, and the consequences of those disclosures.
 


Mental Health Law Seminar
Course 402
3-hour research/writing course

Students will write and present a paper of publishable quality on a topic involving mental health law, the specific topic to be selected by the student with the approval of the instructor. Students will perform in-depth research and will participate in an intensive, supervised writing process.  Significant time will be spent on instruction regarding academic writing and in editing the student's own work and, occasionally, the work of other students.  In addition, the seminar will provide an opportunity to examine current topics in mental health law through reading assignments coupled with rigorous analysis and vigorous discussion amongst the seminar students under the guidance of the instructor. Approximately ten reading assignments will provide the material for analysis and discussion.  Reading assignments will comprise excerpts from cases, law review articles and other periodicals, and newspapers and magazines.  The seminar will take place across both the fall and spring semesters.  The class will meet for two hours each week in the fall semester and for one hour each week in the spring semester with a final, overall grade being assigned at the end of the spring semester. The fall semester will focus on topic selection, the writing process, editing, and the reading assignments, and will culminate in a high-quality first draft of the paper.  The second semester will focus on revising the paper and also will involve making a presentation to the seminar class based upon the paper. 
 
Papers that earn a grade of C or better will satisfy the Advanced Research/Writing Requirement.
 


Mergers & Acquisitions 
Course 301
2- or 3-hour elective

This course introduces students to the legal principles that underlie mergers and acquisitions. The advantages and disadvantages of various acquisition forms, such as mergers, asset acquisition, stock purchases, and tender offers are discussed. Significant focus is also given to the fiduciary duties and other obligations of company boards of directors, the role of shareholder voting, externalities arising from some merger/acquisition transactions, state anti-takeover statutes, disclosure requirements arising from the securities laws, and the effects of mergers and acquisitions on other constituencies (beyond shareholders and management). Prerequisite: Business Organizations.
 


Moot Court
Course 811
1- or 2-hour elective

Students can receive one or two credits for Moot Court by successfully completing intra-school moot court or mock trial competitions. A student who successfully completes two competitions is eligible for one credit. A student who successfully completes four competitions is eligible for two credits. Students generally register for credits in their final semester of study.

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National Security Law
Course 308
2-hour elective course

This course is designed for upper level students, particularly those interested in employment opportunities in the significant number of positions with the U.S. Government, U.S. Military, or private practice.  Major areas to be covered will include the constitutional and legislative framework for Presidential power and the powers of Congress, using armed force abroad, detaining "enemy combatants" (terrorist suspects), intelligence gathering, Homeland Security, and future threats to national security.  Significant current events also will influence the scope of the course schedule.

Negotiation and Mediation
Course 317
2-hour skills course

This course offers an introduction to negotiation theory and provides the opportunity to apply that theory in various negotiating contexts. Students will be exposed to basic concepts of principled and strategic negotiation and engage in in-class negotiating exercises. Students will also learn about the mediation process and how to negotiate effectively as advocates in mediation through role playing in mock mediation exercises at the end of the semester. This course is team taught with another section.

Course 501
4-hour skills/experiential learning course

In the Neighborhood Preservation Clinic, students represent the City of Memphis in lawsuits filed against the owners of badly neglected, vacant and abandoned properties.  Clinic students investigate property ownership and conditions, communicate with field code enforcement professionals, prepare civil lawsuits alleging claims arising under the Tennessee Neighborhood Preservation Act (NPA), and handle all aspects of those lawsuits as they proceed in the Shelby County Environmental Court.  Each Clinic student assumes the role of lead attorney for the NPA cases he or she is assigned during the academic semester. Clinic responsibilities include weekly appearances in the Environmental Court, during which students present at hearings and status updates, negotiate with opposing counsel and parties, and do all else that is necessary to move the lawsuits forward. To complement their casework, Clinic students participate in a weekly classroom session focused on the pervasive challenge of property vacancy and abandonment in Memphis. The seminar segment of the weekly class exposes the law students to substantive code enforcement and housing law, national models of legal strategies to address problem properties, practice and procedure in the Shelby County Environmental Court, and the issues of ethics and professionalism that arise in the context of their cases. The seminar also includes a case rounds component, during which students engage in an ongoing dialogue about the challenges they are experiencing while managing Clinic's cases.

Non-Profit Organization
Course 370
3-hour elective course
This course covers the state law requirements regarding the organization and operation of nonprofit organizations. In addition, a heavy emphasis is placed on the federal income tax treatment of nonprofit organizations, including the requirements for obtaining and maintaining tax-exempt status, the distinction between a public charity and a private foundation, the private foundation excise taxes, and the unrelated business income tax.
 
Prerequisites (Required): Income Tax.
Prerequisites (Recommended): Business Organizations.
 


Partnership Tax
Course 352
3-hour elective course

The course focuses on the federal income tax aspects of partnership formation, operations, sales and exchanges of partnership interests, operating distributions, liquidations and S Corporations.
Prerequisite (Required): Basic Income Tax
Prerequisite (Recommended): Corporate Tax
 


Patent Law
Course 390
3-hour elective course

This course covers the substantive requirements for obtaining a patent on an invention and enforcing patent rights in federal court. Topics include: patentable subject matter; utility; disclosure; novelty; nonobviousness; claim construction; infringement; defenses; and remedies. A technical background is not required for this course.
 
 
Pre-Trial Litigation Practice
Course 551
3-hour skills course
An intensive simulation-course designed for students who plan to be civil litigators. Through a case file assigned at the beginning of the semester, students are encouraged to explore how lawyers strategically use each step in the pretrial litigation process to advance their clients’ interests.  Among other things, students will analyze the law, investigate the facts of the assigned case file, draft relevant pleadings, prepare and respond to discovery, take and defend depositions, brief and argue a pretrial motion and engage in settlement negotiations with an opposing party, all while maintaining client relations and expectations.
  
Prerequisites (Required): Civil Procedure & Evidence
 
Problems in Bankruptcy
Course 354
2-hour elective course
Addressing, discussing, and solving selective bankruptcy problems involving, for example, home mortgages, trustee's avoidance powers, relief from stay, plan confirmation utilizing applicable Code and Rule provisions and decisional law.
 


Products Liability
Course 357
2-hour elective course

A complete review of the current status of product liability law, including an examination of the bases of liability (warranty, misrepresentation, negligence and strict liability); issues relating to proximate cause; issues related to industry liability, market share and enterprise liability; a review of defenses available (comparative negligence, assumption of the risk, product misuse; product alteration, governmental standards pre-emption, statutes of limitations and statutes of repose, learned intermediary doctrine, idiosyncratic reaction); a review of damages issues peculiarly related to product liability law; evidentiary problems such as those related to expert witnesses and spoliation; an examination on the type of entities who are liable under presently existing product liability law (employers, lessors, bailors, franchisors, used product sellers, real estate vendors, landlords and personal service providers); and an examination in detail of the Tennessee Product Liability Act of 1978.
 


Professional Responsibility
Course 224
2-hour required course

Bar course

This course examines issues of professionalism and ethics, with a particular focus on the ABA Model Rules of Professional Conduct.  This required course may be taken in the 2L or 3L year. 
 


Property I
Course 115
3-hour required course

Coverage includes personal property, private interests in land, and the sale of land. Objectives include mastery of principal concepts of acquisition, retention, and transfer of property rights.
 


Property II
Course 125
3-hour required course

Coverage includes personal property, private interests in land, and the sale of land. Objectives include mastery of principal concepts of acquisition, retention, and transfer of property rights.
 


Public Health Law
Course 702
3-hours elective course

This course will offer a survey perspective of key issues at the intersection of public health (as distinguished from individual health or clinical treatment) and the law. It will examine the complex interplay between government's role in protecting and promoting population health, and individual liberties, privacy, commercial speech, and property rights.   It will begin by discussing the foundations of legal involvement in public health and traditional government powers (e.g., infectious disease control and surveillance, vaccination, food and water safety, environmental safety). A substantial amount of time will then be spent on legal, policy, and ethical issues raised by evolving notions of those governmental powers, including the power of government (including through use of tort law) to promote "healthy" behaviors (e.g., anti-obesity efforts), and to regulate "non-valued" behaviors (e.g., smoking, alcohol use; decisions not to be vaccinated or comply with infection control). A small part of the course will also touch on recent efforts related to bioterrorism, responses to natural disasters, and public health genetics. While US-focused, there will be opportunities to discuss global public health.
 

 

Public International Law seminar
Course 404
2-hour research/writing course
Public international law is concerned with the law governing relations between States (i.e., U.S., China, Germany) as legal entities. This 2 hour seminar course is not bar tested, and is not a menu course, but it is an indispensable course for anyone who wants to understand global power structures. Week-by-week, we will cover a range of foundational doctrines in international law, including the doctrines of sources, jurisdiction, sovereign immunity, treaty law, and various remedial mechanisms and processes. over the course of the semester, students will prepare a seminar paper on an international law topic of their choice. While there are no prerequisites for the course, success in the course will require immersion in current events and heightened awareness of major global developments.

This course satisfies the Advanced Research/Writing requirement.

 

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Realty Transactions
Course 358
2-hour elective course
This course covers transactional aspects of the buying, selling and financing of real property including real estate contracts; title insurance, surveys, environmental issues and other pre-closing due diligence; conveyance documents and settlement statements; mortgages and other real estate finance documents; foreclosures; bankruptcy and tax implications; and ethical considerations.
 


Remedies
Course 368
3-hour elective course
Bar course

This course studies the nature and measurement of the judicial remedies to which a party is entitled after establishing that a substantive right has been violated. It focuses on Coercive Remedies (injunctions, specific performance), Damages (compensatory, punitive) and Restitution.
 


Research I
Course 711
1-hour elective

Independent Research is intended to permit students with an avid interest in a particular topic to explore that topic at length under the supervision of a faculty member.  Accordingly, it is contemplated that students will generate the topic based upon the student’s interests.  In other words, it is not the purpose of Independent Study to enable a student to fill a gap in the student’s schedule or to satisfy graduation requirements.  Independent Study does not satisfy the advanced writing requirement, in whole or in part.  Students may enroll in Independent Research for not more than one credit hour.  In addition, permission of a supervising faculty member (who shall be a full-time, tenured or tenure-track faculty member) is required, as is approval by the Associate Dean for Academic Affairs.  
 


Sales
Course 359
3-hour statutory menu course
Bar course

This course covers Article 2, and to some intent, Articles 2A, 5, and 7.
 
Prerequisites (Recommended): Contracts I and II
 


Secured Transactions
Course 222
3-hour statutory menu course

General survey of topics relating to the creation, perfection, and priority of security interests, as well as topics relating to the identification of types of collateral and rights upon default. This course is recommended as an introductory commercial law class which introduces the student to the Uniform Commercial Code.
 

 

Securities Regulation
Course 361
3-hour elective course
This course considers federal regulation of the registration, issuance, and trading of securities in national, regional and private markets for securities. Materials in the course will examine the 1933 and 1934 Acts and other federal statutory provisions (for example, The Dodd-Frank Act of 2010) and their effects on markets for issuance and trading of securities. 

Prerequisites (Recommended):  Business Organizations I

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Sports Law
Course 372
2-hour elective course
This course is designed to introduce students to the legal, business and policy issues and disputes that arise in the world of amateur and professional sports. The course will approach topics from the perspective of various players in the sports industry, such as the sports lawyer, the corporate counselor, the university administration, team management, various sports regulatory bodies, the athletes and even the fans. In addition, we will discuss and dissect current events in the world of sports. 
 
Course 723
2-hour elective
 
This course examines professional responsibility issues that arise in the practice of tax law with particular attention given to Circular 230; the course examines tools of researching tax law; the course will involve 2-person teams preparing to enter the ABA Tax Section Tax Challenge (attorney memo and client letter). Students will be expected to prepare at least one practice attorney memo and client letter.
 
Prerequisite: Basic Income Tax.
Recommended: Corporate Tax and concurrent enrollment in Partnership Tax.

 

Tax Seminar
Course 431
2-hour research/writing course

Assigned readings on various tax policy topics are discussed in class. In addition, each student prepares a research paper on a selected tax policy topic and presents that paper to the class. To further enhance writing skills, each student edits two other students’ research papers. This course satisfies the Advanced Research/Writing requirement.
 
Prerequisite (Required): Basic Income Tax

Tennessee Civil Procedure Seminar
Course 429
2-hour research/writing course
The Tennessee Civil Procedure Seminar addresses the subject matter jurisdiction of  Tennessee’s various courts;  judicial jurisdiction with emphasis on Tennessee’s long arm statutes; venue;  statutes of limitation and repose;  pleadings;  pre-trial motion practice; discovery; trial practice including  jury selection, opening statements , presentation of evidence and objections under the Tennessee Rules of Evidence, jury instructions, closing arguments,  verdicts, and post trial motions; and appeals under the Tennessee Rules of Appellate Procedure. Ethics issues as they relate to Tennessee Civil Procedure will be addressed as will enforcement of judgments. General Sessions Court and Juvenile Court practice.
 
Course materials will be made available on TWEN.
  
Students enrolled in this seminar will prepare original research papers on a topic of Tennessee Civil Procedure, which may include topics regarding civil trial practice, rules of evidence, appellate practice, and ethics, among other topics. It is expected that student papers will be of a quality worthy of publication as a Note in a law review such as the UM Law Review.  Students will be expected to prepare initial and final drafts of their papers. Papers that earn a grade of C or better will satisfy the  Advanced Research/Writing Requirement.

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Tennessee Constitutional Law Seminar
Course 445
2-hour research/writing course

This seminar will explore state constitutional doctrine. While development under the Constitution of Tennessee will be a principal focus, selected issues in other states will be examined as well, as will the methodology of state constitutional analysis. This course satisfies the Research/Writing requirement.

Prerequisites (Required): Constitutional Law

Torts I
Course 112
3-hour required course

Torts addresses civil wrongs, other than breaches of contract, for which the law provides a monetary remedy.  Torts I begins with coverage of the basic intentional torts (battery, assault, false imprisonment, intentional infliction of emotional distress, trespass to land, trespass to chattels, and conversion) and the privileges or defenses to the intentional torts.  Most of the course, however, is devoted to the broad tort of negligence.  Simplistically, negligence law is the study of liability for accidental injuries.
 

 

Torts II
Course 122
3-hour required course

Torts II picks up where Torts I leaves off, with further consideration of the tort of negligence.  Other topics that may be covered include strict liability (of which products liability is the largest component), wrongful death, tort damages, and defamation and privacy.

Prerequisite (Required): Torts I

Trade Secrets

Course 707
2- or 3-hours elective course
Trade secrets are one of the four core areas of intellectual property law and the one most likely to be encountered in legal practice by non-specialists, as trade secret issues arise in areas as diverse as employment law, business formation, mergers and acquisitions, licensing, franchising, venture financing, development of new technologies, and contractual relationships of all sorts between competitors, joint venturers and vendors.

This course will cover the laws protecting trade secrets and confidential business information, including the various related doctrines that govern the ownership and use of information between employers and employees, fiduciary duties, non-compete agreements, and assignment agreements concerning new inventions and discoveries.

The focus of the course will be on the Uniform Trade Secrets Act now in effect in almost every state (including Tennessee), as well as the federal Economic Espionage Act. The "hot" topics in current trade secret practice, including what does and does not constitute an actual trade secret, the doctrine of inevitable disclosure, and real-world contractual restrictions on employee mobility through non-competes and non-solicitation covenants, will be covered in depth. Alongside this practice-oriented approach, the course will also explore certain public policy concerns, including the effect of trade secret laws on employee rights and on technological innovation. There are no prerequisites for this course and no prior experience in Intellectual Property is required.

Trademarks
Course 366
2-hour elective course

Considers legal and policy problems in the law of trademarks through case analysis and examination of the Lanham Act.  Topics include marks subject to protection, the federal registration process, likelihood of confusion, 'palming off,' and remedies.
 
Prerequisite (Recommended): IP Survey
 

 

Trial Advocacy
Course 516
3-hour skills course

Trial Advocacy is a simulation course wherein students will learn about the various phases of jury trial in civil and criminal contexts, as well as the differences between jury and non-jury trials. Students will simulate jury selection, opening statements, direct and cross examinations, and closing arguments, and will learn how to introduce exhibits, present expert testimony, raise and respond to objections, and deal with problem witnesses. Students will have weekly simulation assignments and, in most sections, will conduct a full trial at the end of the semester. This course satisfies the upper-level skills requirement.

Prerequisite (Required): Evidence, may be taken concurrently

Trust Law
Course 392
2-hour elective course

A comprehensive, theoretical study of the law of trusts, including the history, the necessary elements of a trust, beneficiary rights, Trust administration, trustee roles and liability.
 
Prerequisites (Required): Decedents' Estates
Prerequisites (Recommended): Estate Planning
 

 

U.S. Taxation of International Income
Course 385
3-hour elective course
The course will examine U.S. tax rules applicable to business and investment activities of foreign individuals and corporations in the United States (“inbound transactions”) and U.S. tax rules applicable to U.S. taxpayers who invest and conduct business abroad (“outbound transactions”.  Specific topics will include sourcing and characterization of items of income and deductions, the branch profits tax, foreign investment in U.S. real estate, the foreign tax credit, property transfers, controlled foreign corporations, and U.S. tax treaties.  Federal Taxation of Business Entities is a prerequisite but it may be taken concurrently.

Prerequisite (Required): Basic Income Tax

Prerequisite (Recommended): Partnership Tax
 
Voting Rights & Election Law
Course 704
2-hour elective course
Voting Rights & Election Law covers the law involving voting rights, election administration, and campaign finance.  Topics covered will include one-person, one-vote; political and racial gerrymandering; alternative electoral systems; election challenges and recounts; voter enfranchisement and disenfranchisement; and the regulation of campaign finance.   Both constitutional and statutory issues will be covered. 
 
White Collar Crime
Course 703
2-hour elective course
This course will introduce students to the scope and significance of white collar crime in the United States and educate students about the substance and procedure of federal white collar crime prosecutions, with an emphasis on health care crimes. Students who take the course will become familiar with fundamental procedures of federal criminal investigation, prosecution and sentencing. Substantively, they will develop an understanding of the most frequently used federal white collar criminal statutes and those statutes most often used to prosecute health care crimes.
 
Prerequisite (Recommended): Criminal Procedure
 

Electives & Specialized Areas of Study

Memphis Law's curriculum provides many elective courses which cover a wide range of substantive legal knowledge and lawyering skills.  The upper level curriculum permits students to take courses in specialty areas of law, develop fundamental lawyering skills, and concentrate their legal education in particular areas of interest.  These elective courses are listed by basic specialty areas.

Commercial Law
Bankruptcy Externship
Commercial Paper
Debtor-Creditor
Problems in Bankruptcy
Sales

Constitutional Law
Civil Rights
Education & Civil Rights
Federal Courts A
Federal Courts B
Tennessee Constitutional Law Seminar
 
Corporate/Business Law
Antitrust
Business Organizations II
Mergers & Acquistions
Securities Regulation
Secured Transactions
Unfair Trade Practices
 
Domestic Relations Law
Child and Family Litigation Clinic
Divorce Law Practicum
Family Law
Juvenile Law
Juvenile Law and Practice


Estate Planning and Probate Law
Elder Law
Elder Law Clinic
Estate Planning
Trust Law

Health Law
Health Law Survey
Health Law Seminar
Health Policy Practicum

Intellectual Property Law
Copyright
Cyber Law
Patent Law

International and Comparative Law
Comparative Law Seminar
Immigration Law
International Business Transactions
International Economic Law


Jurisprudence, Interdisciplinary Study and Public Policy
Education/Civil Rights
Federal Discrimination Seminar
Gun Control/Gun Rights Seminar
Jurisprudence
Law and Accounting
Law and Economics
Legal History
Mental Health Law

 

Labor and Employment Law
Fair Employment Practices
Labor Relations
NLRB (National Labor Relations Board) Externship

Lawyering Skills Practice

ADR-Labor
ADR-Mediation
Negotiation and Mediation
Advanced Appellate Advocacy
Appellate Advocacy
Child and Family Litigation Clinic
Criminal Justice Externship
Discovery
Elder Law Clinic
Ethics Seminar
General Sessions Civil Litigation Clinic
Judicial Externship
Legal Argument and Appellate Practice
Legislation
Memphis Area Legal Services Externship
Pre-Trial Litigation
Trial Advocacy
Professional Responsibility
U.S. Attorney Externship
 
 

 

Procedure/Civil and Criminal
Administrative Law
Civil Procedure III
Conflicts
Criminal Procedure II
Federal Courts A
Federal Courts B
Remedies
Tennessee Civil Procedure Seminar

Real Estate/Environmental Law
Environmental Law
Environmental Law Seminar
Land Use Planning
Realty Transactions

Taxation
Estate and Gift Tax
Federal Taxation of Business Enterprises
Non-Profit Organization Tax
Partnership Tax
Tax Seminar

Torts/Product Liability Law
Insurance Law
Privacy Law Seminar
Products Liability

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Upper-level Research Requirement & Skills Requirement

To graduate, a student must successfully complete the upper-level research requirement and the skills requirement.  See Academic Regulation 16.c.

Skills Course: 
A student must have two-credits of skills credit to satisfy the Skills Requirement.

  • ADR/Arbitration
  • ADR/Labor
  • ADR/Mediation
  • ADR/Negotiation
  • Advanced Clinic
  • Business Planning
  • Clinic
  • Disability Law & Practice
  • Discovery
  • Divorce Law Practicum
  • Externship
  • Juvenile Law and Practice
  • Legal Argument & Appellate Practice (satisfies either Skills or Upper-level Research/Writing, but not both)
  •  Legal Drafting: Litigation
  • Legal Drafting: Contracts
  • Trial Advocacy
  • Appellate Advocacy
  • Advanced Appellate Advocacy
  • Advanced Trial Advocacy

Upper-level Research/Writing Requirement: A student must have two-credits of research/writing credits to satisfy the Upper-level Research/Writing Requirement.

  • Successful completion of the Law Review Note
  • Legal Argument & Appellate Practice (satisfies either Skills or Upper-level Research/Writing, but not both)
  • Seminar

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