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COURSE DESCRIPTIONS
8243 Administrative Law
3 hours
The administrative law process, concentrating upon the functions and procedures of federal and state administrative agencies and upon judicial review of agency actions. Specific topics include the constitutional position of administrative agencies, the availability and scope of judicial review, legislative and executive control of administrative discretion, the administrative power to investigate, the process of decision within the agency, and the constitutional right to an administrative hearing. The federal Administrative Procedure Act is analyzed in detail. Prerequisite: Constitutional Law I.
6082 Advanced Legal Research - Foreign, Comparative, and International Law
2 hours
An introduction to foreign, international and comparative legal research. Various foreign jurisdictions are examined to provide an overview of the common, civil, canonical, Islamic, and mixed legal traditions. The international legal materials covered include public and private international law, treaties, case law, secondary sources, custom and general principles, and inter-governmental and non-governmental organizations including the United Nations, European Union, and World Trade Organization. Additional topics may include international environmental law, international human rights, and international criminal law.
6072 Advanced Legal Research - United States Law
2 hours
The use of specialized and advanced research materials not covered in first-year Legal Research and Writing. The first half of the course reviews and strengthens basic research materials covered in the first year and explores state and federal administrative law, legislative history, secondary sources, and court rules. The second half of the course develops a student’s research abilities in one or more of the following areas: Intellectual Property/E-Commerce, Criminal Law, Health Law, Environmental Law, Tax, Securities, Immigration, Legal History, Native American Legal Research, Business and Financial Research, Social Science Research, and other topics to be developed. The area(s) to be focused upon will be announced prior to the course being offered.
6313 Advanced Legal Writing
3 hours
This course includes drafting of legal documents and writings not addressed in the required Legal Research and Writing courses. Students compose various types of letters, including demand letters, client advice letters, and opinion letters. Litigation documents other than briefs may also be drafted and reviewed. A practice Multistate Performance Bar Exam is included. Prerequisite: Legal Research and Writing I and II.
6512 or 6513 Advanced Torts
2 or 3 hours
Selected subjects in tort law, including defamation, privacy, misrepresentation, and business torts, including inducement of breach of contract, interference with contractual advantage, and unfair competition. Depending on whether the course is offered for 2 or 3 credit hours, it may also include family relation torts, judicial process and civil rights torts, and intangible asset torts such as those related to trade secrets and literary, artistic, and commercial creations.
Prerequisite: Torts.
7013 Agency and Unincorporated Business Associations
3 hours
An introduction to the law governing agency relationships and business associations other than corporations. The course will examine fundamental principles of agency law, such as fiduciary duties and the liability of the principal for the acts of the agent, as well as the law governing limited liability companies and the various forms of partnership.
6523 Alternative Dispute Resolution in Family Law
2 hours
A clinical and theoretical study of the resolution of family law issues using alternative dispute resolution methods. Students will negotiate a complex family law case from the initial client conference through the enforcement of orders obtained. Prerequisite: Family Law.
5061 American Criminal Law and Restorative Justice
1 hour
The course examines the development of the present retributive criminal justice system. It begins with a historical-critical analysis of Old Testament law followed by New Testament critique. Historically, the development of today’s system is traced by looking at ancient, medieval and modern cultures. Various theories regarding the causes of criminal behavior are included. The alternative paradigm of restorative justice is presented in theoretical and practical terms.
9042 or 9043 American Indian Law
2 or 3 hours
The bases of tribal, federal, and state jurisdiction over Indian people and Indian country. The course includes a brief overview of Indian history in North America, the legal responses of different cultures to native and aboriginal populations, and a description of the various eras in United States Indian law. It studies in detail the sources of federal, tribal, and state authority, and concludes by focusing on specific applications of the resulting principles to hunting, fishing, and water rights. Problems of civil and criminal jurisdiction are addressed throughout the course, with heavy emphasis on both traditional tribal sovereignty and the federal statutory scheme. Prerequisite: Constitutional Law I.
8512 or 8513 American Legal History
2 or 3 hours
Selected topics central to the development of American law (from the 17th to the 20th century), including the reception of English law, the course of legal education, the evolution of the legal profession, schools of historical scholarship, and the origins of selected legal doctrines.
8343 Antitrust I
3 hours
An introduction to the law of federal and state antitrust laws approached on the basis of conduct. Specific areas will include acts in unreasonable restraint of trade, exclusive dealing and tying contracts, price fixing, horizontal agreements between competitors, and vertical agreements. (This course has been approved as a distance learning course; it is broadcast live from the University of Oklahoma College of Law to OCU.)
8353 Antitrust II
3 hours
An introduction to the study of the Robinson-Patman Act regarding price discrimination, mergers and acquisitions, public and private enforcement of the antitrust laws, how one prepares an antitrust case for trial, how it is tried and what happens after the trial is completed. The course is a mixture of academic and practical matters. (This course has been approved as a distance learning course; it is broadcast live from the University of Oklahoma College of Law to OCU.) Prerequisite: Antitrust I.
7313 Applied Criminal Procedure
3 hours
The adjudicatory aspects of criminal procedure. Subjects covered include pretrial release, prosecutorial discretion, preliminary hearing, grand jury review, venue, joinder and severance, speedy trials, discovery and disclosure, guilty pleas, jury trials, newspaper and television coverage, double jeopardy, and certain phases of the criminal trial. Prior completion of Criminal Procedure I is recommended, but not required. (This course was formerly known as Criminal Procedure II.)
9402 Applied Evidence
2 hours
The practical application of the Federal Rules of Evidence in the context of civil and criminal trials. Classes are devoted to the following topics: general provisions of the Federal Rules of Evidence; relevancy and its limits; privileges and witnesses; experts and opinion testimony; the ins and outs of hearsay; authenticity and identification of exhibits; and contents of writings, recordings and photographs. Each class has a lecture component, a student performance component, and a research component. This course is designed for students interested in pursuing careers in litigation. Prerequisite: Evidence.
9812 Banking Law
2 hours
The unique legal problems faced by an attorney representing a bank. Although other courses involve banking transactions, this course emphasizes those areas that are not covered elsewhere, including the structure and regulation of the financial system, bank officers' and directors' liability, and specialized lending problems.
7443 Bankruptcy Reorganization
3 hours
A study of bankruptcy reorganization under Chapter 11 of the Bankruptcy Code. This includes basic bankruptcy, the use of avoidance powers to restructure the bankruptcy estate, and the proposing, negotiating, and confirming of the plan of reorganization. Some basic business finance will be covered. Prerequisites: Contracts I and II and Civil Procedure I and II; completion of at least 45 credit hours is recommended.
8832 Bioethics
2-3 hours
A study of the intersection of medicine, law, and philosophy concerned with the ethical issues arising from medical practice and technology. Topics include personal autonomy and consent, privacy, reproduction, human experimentation, conflicts of interest, access to health care, public health, and proprietary issues regarding the human body and genome. The course does not directly cover bioethical issues regarding death or physician-assisted suicide.
8012 Business Planning
2 hours
A consideration of the legal and business issues involved in advising a business from start-up through maturity, including formation, financing, structuring equity investments, restructuring, and engaging in acquisitions or dispositions. Corporate, securities, accounting and tax law are considered. Students are required to engage in drafting and negotiation exercises. Enrollment is limited to sixteen. Prerequisite: Corporations. Income Tax recommended but not required.
7042 or 7053 Capital Punishment
2 or 3 hours
The development of capital litigation under the eighth and fourteenth amendments to the United States Constitution. Additionally, the course examines juror selection in capital punishment cases and touches on federal habeas law dealing mainly with capital cases. Prerequisite: Criminal Procedure.
7353 Child Abuse And Neglect I: Defining the Problem
3 hours
An introduction to child abuse and neglect as an interdisciplinary problem, including segments on (1) differential professional approaches from law, medicine/nursing, social work, psychology, public health, and education, and (2) definition of the primary types of abuse (physical, sexual, emotional, and neglect) from multidisciplinary points of view. The course will also consider the legal implications of recent developments in the field of child abuse and neglect. This is a two-semester course; both semesters must be completed for academic credit. Classes are held at the University of Oklahoma Health Sciences Center (“OUHSC”); additional field placements are required. Prerequisites: Completion of 45 hours, permission of the Associate Dean for Academic Affairs, and admission into the program by OUHSC. Completion of or concurrent enrollment in Family Law and Juvenile Law is recommended. Class rank in the top half of the class is strongly recommended.
7363 Child Abuse And Neglect II: Interventions for the Problem
3 hours
An interdisciplinary approach to investigating, litigating, treating, and preventing child abuse and neglect, including segments on: cultural variation, Indian Child Welfare, substance abuse, reporting laws, treatment approach, foster care, prosecution and defense, advocacy, and prevention. Student presentations (Mock Trial, multidisciplinary group discussions, and project reports) will illustrate interdisciplinary leadership roles in child abuse and neglect. This is a two-semester course; both semesters must be completed for academic credit. Classes are held at the University of Oklahoma Health Sciences Center; additional field placements are required. Prerequisite: Child Abuse And Neglect I: Defining the Problem.
8303 and 8403 Civil Procedure I and II
6 hours
An introduction to procedural concepts in civil actions, with emphasis upon jurisdiction, service of process, venue, parties, pleading and discovery, the right to trial by jury, Erie doctrine, and common law preclusion doctrines. Additionally, the course touches upon the trial process and appellate review.
6262 Client Representation in Arbitration
2 hours
Mediation is compared to arbitration; med-arb. How to counsel with client to identify whether arbitration would be suitable. Understanding the modified rules and style for procedure, discovery, evidence used in arbitration. How to make an opening statement; question witnesses, and present closing. Ethical issues under the Model Rules of Professional Conduct and the Oklahoma Supreme Court's Code of Conduct for Arbitrators in the Early Settlement Program. Prerequisites: Legal Profession and The Law of Alternative Dispute Resolution.
6272 Client Representation in Mediation
2 hours
The differences between mediation and negotiation are presented. How to counsel with the client to identify whether mediation is appropriate. Understanding the different roles in which an advocate serves in a mediation. Ethical issues under the Model Rules of Professional Conduct and the Oklahoma Supreme Court's Code of Conduct for Mediators in the Early Settlement Program. Prerequisites: Legal Profession and The Law of Alternative Dispute Resolution
8662 Client Representation in Negotiation
2 hours
The skills most required for effective lawyering. Students develop these skills primarily through role playing, both in and out of class, in accordance with problems and profiles designed by the professor. Enrollment is limited to sixteen. Prerequisites: Legal Profession and The Law of Alternative Dispute Resolution.
8103 Commercial Paper
3 hours
The use of checks and promissory notes in the context of various business transactions and the passage of checks through the bank collection process. Articles 3 and 4 of the Uniform Commercial Code are studied extensively. The course emphasizes the development of techniques for the analysis of commercial transactions and the development of techniques for the interpretation and construction of the Uniform Commercial Code with respect to the commercial transactions being analyzed. Contemporary business terminology, practice, and documents are considered.
8222 or 8223 Comparative Law
2 or 3 hours
The French and West German legal systems as compared to that of the United States. In developing the comparative analysis of these systems special emphasis is placed on their procedural laws, both civil and criminal. Other topics dealt with include an introduction to comparative legal methods, pleading and proving non-domestic law, and the evolution of the law on the European continent.
7532 or 7533 Complex Litigation
2 or 3 hours
The nature of complex litigation and the development of specialized procedural devices to deal with its unique features. Subjects emphasized include joinder of multiple parties, the class action, conflicts between two or more courts in which related actions have been brought, judicial control of the litigation, and the effect of a judgment on subsequent litigation. Prerequisites: Civil Procedure I and II.
6542 or 6543 Computer Law
2 or 3 hours
An examination of legal issues relating to computers, software, and the Internet. Course coverage includes intellectual property rights in software and other computer information, digital rights management technologies, contractual agreements concerning software and other computer information, antitrust issues, Internet governance, domain name disputes, jurisdiction over cyberactors, regulation of online speech, privacy online, and computer crime.
9343 Conflict of Laws
3 hours
Domicile and jurisdiction; treatment of foreign judgments; and detailed consideration of choice-of-law theories and their application to the substantive fields of torts, contracts, property, and family law.
9102 or 9103 Constitutional Civil Rights
2 or 3 hours
Statutory and other remedies for violations of rights secured independently by the United States Constitution. Primary attention will be given to the civil remedies provided by 42 U.S.C. Sections 1983 and 1985(3), and the so-called "Bivens action." The analogous criminal statutes, 18 U.S.C. Sections 241 and 242, and habeas corpus relief, will also be briefly addressed. The various prima facie cases, defenses and immunities, federalism issues, damages, attorneys' fees, and equitable relief will be covered in significant detail. Prerequisites: Constitutional Law I and II or the permission of the professor.
7123 and 7233 Constitutional Law I and II
6 hours
The design, structure, and the Supreme Court’s interpretation of the Constitution of the United States. This year long course examines how the Constitution employs structural mechanisms to protect individual rights and liberties. Topics here include federalism, the separation of powers, the role of judicial review, and the enumerated powers of Congress, with a special emphasis on the commerce power. The course also examines the direct protection of individual rights by the judiciary. Relevant topics include the rights to due process and equal protection protected by the Fourteenth Amendment, as well as the rights to free speech and religious liberty protected by the First Amendment. Both parts of this year long course stress the necessity of learning to use historical, theoretical, as well as doctrinal materials to craft constitutional arguments.
9263 Consumer Bankruptcy
3 hours
A study of the consumer bankruptcy system including basic bankruptcy doctrine involving Chapters 1 and 3, portions of Chapter 5, and thorough consideration of Chapter 7 (liquidation) and Chapter 13 (wage earner rehabilitation) of the Bankruptcy Code. Prerequisites: Civil Procedure I and II and Contracts I and II.
9243 Consumer Law
3 hours
Various consumer problems and rights raised by warranties, misrepresentation, the federal Consumer Credit Protection Act (including "Truth in Lending"), and other state and federal legislative enactments with particular emphasis upon the Oklahoma Consumer Credit Code.
7103 and 7223 Contracts I and II
6 hours
The basis, nature, and limits of contractual liability in Anglo-American common and statutory law.
7142 and 7143 Copyright Law
2 or 3 hours
An in-depth examination of the basic principles of copyright law. The course covers copyrightable subject matter, prerequisites for and duration of copyright protection, exclusive rights and limitations thereon, ownership, transfers and renewals, infringement, remedies, and federal preemption. Particular attention is paid to fair use, the adaptation of copyright to new technologies, and international dimensions of copyright.
8433 Corporations
3 hours
The legal framework for the operation of business corporations, including statutory and common law provisions. Topics include the manner in which corporations make decisions; the distribution of power among shareholders, officers, and directors; the special problems of close corporations; the duty owed by officers, directors, and controlling shareholders to the corporation and its shareholders in exercising their powers; the liability of officers and directors; shareholders' derivative suits; and mergers and transactions involving control of the corporation.
7023 Criminal Law
3 hours
Substantive criminal law, including selected crimes, defenses, and doctrines. The course also examines the historical, moral, and social forces at work in the criminal law.
7323 Criminal Procedure
3 hours
Constitutional criminal procedure, with special emphasis on the fourth, fifth, and sixth amendments to the United States Constitution (search and seizure, self-incrimination, and right to counsel).
8002 Criminal Sentencing Law and Policy
2 hours
An exploration of the legal, historical, and social policy aspects of criminal sentencing. Topics include analyses of the purposes and limits of various types of criminal sanctions and sentencing systems, and examination of the roles of various institutional actors (legislatures, sentencing commissions, judges, prosecutors and defense attorneys) in contemporary sentencing schemes.
8422 Debtor/Creditor Relations
2 hours
This course examines state and federal non-bankruptcy creditor collection mechanisms and defenses. Some emphasis will be given to Oklahoma law.
9092 Directed Research
2 hours
Permits students to perform in-depth research, beyond that required by Course No. 9091, Supervised Paper, in a specialized field under the direction of a member of a full-time law faculty member. This course may be taken only by students who have completed at least 43 hours during residence at the law school. A student may not enroll in this course in the summer term. A student may not enroll in this course more than once per semester. A student may not enroll in this course and in Course No. 9091, Supervised Paper, during the same semester. This course is graded on the normal, twelve-point scale. In order to successfully complete this course, a student must prepare a written paper corresponding in scope and publishable quality to a law review Note. A student enrolled in this course must work closely with a full-time faculty member who has agreed to act in that capacity. As the standard for satisfactory completion of this course is high, it should be attempted only by students having a substantial commitment to pursuing in-depth research in a specialized area of law. Satisfactory completion of this course fulfills the upper class writing requirement, if the instructor so certifies.
7092 Disability Law (also offered as a seminar)
2 hours
The study of the significant cases and statutes that protect the civil rights of people with disabilities, with a primary focus on the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, and the cases that have interpreted them. Although in recent years most of the case law concerning these statutes has involved employment discrimination, the course also addresses issues of education, health, mental health, and bio-ethics and the law.
5602 Domestic Violence and the Lawyer
2 hours
The social and legal history of domestic violence leading to its recognition as a crime; criminal vs. civil actions; state, federal and common law; enforcement issues; procedural protections (Victim Protective Orders and Temporary Restraining Orders).
7202 or 7203 Electronic Commerce and Banking
2 or 3 hours
The explosive growth in electronic commerce has created a new area of substantive law, which consists of a wide spectrum of existing and emerging commercial and consumer laws. For example, electronic commerce is affected, in ways unique to electronic transactions, by almost every article of the Uniform Commercial Code and a number of consumer protection laws. Other laws apply primarily to electronic transactions, such as UCC Article 4A, the Uniform Computer Information Transactions Act, the Uniform Electronic Transactions Act, and new laws governing digital and digitized signatures. Yet another category of related laws is the subset of banking laws that regulates electronic payment systems. Review of all of these laws and their interface with each other in the electronic commerce arena, to provide an overall perspective on the law governing electronic transactions.
8282 or 8283 Employee Benefit Plans
2 or 3 hours
Employee benefit plans and their federal regulation. Subjects covered include the historical and policy background of ERISA, reporting and disclosure, vesting, anti-discrimination rules, benefit distribution, fiduciary requirements, prohibited transactions, qualification of plans, employee stock ownership plans, plan termination, and civil enforcement.
9253 Employment Discrimination
3 hours
The study of the significant cases and statutes that protect employees from discrimination based on race, color, religion, sex, national origin, age, and disability, with emphasis on Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act.
9413 Employment Law
3 hours
Areas of federal and state labor law that regulate the employment relationship and provide minimum protection outside of collective bargaining. Major topics considered include employee welfare and retirement benefits (ERISA), employee privacy, medical and drug screening, wage and hour protection, occupational safety and health, disabling illness or injury, and wrongful discharge.
6362 Entertainment Law and Business
2 hours
An introduction to the roles, responsibilities and practice considerations of legal counsel in the entertainment industry, through study of fundamental transactions in key industry sectors – motion pictures, television, music, theatre, and book publishing. Students will familiarize themselves with the relevance of case law, statutes, and regulations, collective bargaining agreements and industry customs in the “business of entertainment” through the analysis of text materials, representative contracts, and additional print and online resources.
8523 Environmental Law
3 hours
Statutory, administrative, and case law concerning the protection of environmental quality in the United States. Basic principles, policies, and procedures as embodied in federal and state regulatory programs are scrutinized. Consideration is also given to the role of public administrative agencies and courts in resolving environmental issues. Some of the specific problem areas examined are water and air pollution, surface mining and reclamation, and hazardous waste management and disposal. Although not a prerequisite, some familiarity with constitutional and administrative law is helpful.
8013 Estate and Gift Tax Law
3 hours
The federal excise tax imposed on the transfer of wealth, whether in the form of a lifetime gift or transfer at death.
9362 or 9363 Estate Planning
2 or 3 hours
Lifetime and post-mortem planning for the orderly disposition of a client's assets. Advanced consideration is given to will and trust drafting, with special attention to problems of estate liquidity, life insurance, retirement benefits, disposition of business interests, and lifetime gifts (including charitable gifts). Prerequisites: Estate and Gift Tax, Wills, Trusts and Estates I and II, or the permission of the instructor. Income Tax is recommended but not required.
8133 Evidence
3 hours
The system of rules and standards regulating the admission of evidence at trial, with emphasis on the Federal Rules of Evidence. Topics included are competency, qualification, examination, cross-examination and impeachment of witnesses; objections, waivers, and offers of proof; relevancy; the hearsay rule and its exceptions; the opinion rule and expert testimony; privileges; the best evidence rule; judicial notice; and demonstrative evidence.
7213 or 7214 Family Law
3 or 4 hours
The law of marriage, marital property, marital rights and duties, divorce, separation, annulment, law of parent and child, law of guardian and ward, contract and tort rights and liabilities of infants and married women, domicile and jurisdiction for divorce, and constitutional limitations and requirements.
6133 Federal Criminal Law
3 hours
Substantive federal criminal law. Subjects covered include sources of authority and jurisdictional limitations on the scope of federal criminal law; such substantive federal crimes as mail/wire fraud, drug trafficking, firearms offenses, and extortion and bribery; conspiracy and RICO; United States Sentencing Guidelines and mandatory minimum sentencing; and asset forfeiture. Prerequisites: Criminal Law and Constitutional Law I.
8813 Federal Jurisdiction
3 hours
The constitutional law of federal courts: how federalism and separation of powers affect the authority of federal courts and influence litigation strategy. Topics include justiciability, standing, ripeness, sources of and limitations on judicial power, judicial authority to develop law and remedies, judicial discretion to abstain from deciding constitutional issues, state sovereign immunity, legislative courts and administrative law judges, civil rights (42 U.S.C. Section 1983) actions, Supreme Court review, and habeas corpus.
7522 or 7523 Federal Public Land and Resources Law
2 or 3 hours
Selected aspects of the law governing federal public land and natural resources and their development.
6054 Government Practice Externship
4 hours
An integration of skills training with substantive law training. Students earn academic credit while working in the field under the guidance of supervisors selected from the practicing bar. A classroom component enhances the educational value of the field experience. Working under the supervision of a faculty member and a supervising attorney, students must meet the specific requirements of their placement site in addition to the general course requirements. Work in the field includes a variety of tasks assigned to the student by the supervising attorney. Each student is required to work a minimum of 91 hours per semester at the placement site. The classroom component meets three hours per week and covers state administrative law and topics in skills training including goal setting, learning from supervision, management skills, workplace skills, and ethical issues in externships. A final examination covering the state administrative law materials will be given. Students receive a letter grade in this externship, with supervising attorney evaluations factored into the final letter grade. Any student failing to complete the placement site hours will receive an incomplete until the hours are completed. Because of the overlap in material, a student may not take both State Administrative Law and the Government Practice Externship for credit. Prerequisite: Completion of 43 credit hours.
7082 Health Care Regulatory Law
2 hours
Students gain a fundamental knowledge of how the health care delivery system is organized and operates. The course familiarizes students with the complexities of representing a business or businessperson in any highly regulated industry. Issues examined include providers' right to practice, patients' right to treatment, the corporate practice of medicine, referral fee prohibitions, health planning, charitable tax exemption, antitrust merger law, and health care cost reforms.
8332 Immigration Law
2 hours
Begins with an examination of the sources for and usage of the immigration power, and the role of federal agencies in its implementation. Grounds for admission, exclusion, and deportation are explored. The consequences and limitations of judicial and other relief are recurrent themes of the course. The course also includes a discussion of refugees and political asylum. Prerequisite: Constitutional Law I.
8335 Immigration Law Clinic
5 hours
The representation of clients under the supervision of a faculty clinician. Through field work and weekly seminars, students gain experience in client representation, employ the core values of the legal profession, and develop habits of reflective lawyering that will be useful in all areas of legal practice. Students also gain an appreciation of a specialized area of substantive law and insight into the operation of legal institutions. Students devote a minimum of 10 to 15 hours per week to field work, in addition to class time and preparation for class. Students who satisfactorily complete the course will receive five hours of graded credit, with three of those hours counting toward the limit on hours that can be earned toward the J.D. degree through externships and clinical courses.
Prerequisites: A separate application is required. Students must have a minimum cumulative law school GPA of 5.0 (“C” or better) to apply and to enroll. Students must have completed 43 credit hours by the time of the first class. Preference in enrollment will be given to students having completed 57 credit hours by the time of the first class. Students must have completed Evidence and Legal Profession by the time of the first class. Immigration Law is recommended, but is not a prerequisite. Students may not enroll simultaneously in the Clinic and in an Externship. Students may not repeat this course. A student’s legal intern license is not required. Students may not petition for either a work overload or a course overload for the semester in which they are enrolled in the clinic.
Enrollment Limitation and Conditions. Enrollment in the clinic is limited to 8 students per semester. If the clinician determines that there are more qualified applicants than spaces available, students will be chosen by a lottery, and a waiting list of additional qualified applicants will be maintained in the Student Services Office. The application process will subject the student’s participation in the clinic to an employment conflict check, both for hours actually worked and for substantive conflicts of interest. This will be reviewed at the time of application and also at the start of the semester.
Students chosen for enrollment in the clinic are prohibited from dropping the clinic after the first week of class in the absence of extraordinary and unforeseen circumstances (such as serious medical problems or a call-up to military service). A student may not add the clinic after the first week of classes. If a student adds the clinic during the first week of classes but after the first class has occurred, the faculty clinician and the adding student will engage in a one-on-one tutorial to cover the material missed.
8844 Income Tax Law
4 hours
Special attention to problems of individual taxpayers. Basic concepts of gross income, adjusted gross income, deductions, exemptions, basis, credits, assignment-of-income principles, disposition of property, capital gains and losses, non-recognition exchanges, methods of accounting, and installment sales are explored.
8342 Information Privacy Law
2 hours
An examination of the legal regimes (constitutional, common law, and statutory) that govern the collection and use of personal data. Information privacy issues are increasingly prominent as progressively more of everyday life is lived in an online environment in which personal information is easily gathered, copied, distributed, and exploited. Topics include online privacy policies, medical records, databases, identity theft, e-mail monitoring, electronic surveillance, and governmental secrecy.
7412 Insurance Law
2 hours
The basic law of insurance and the insurance contract with a consideration of insurance in the public interest; protection of property and person; selection and control of risk; exceptions; warranties; representations; concealment; and the making, enforcement, and termination of the insurance contract and the rights incident thereto.
9163 Intellectual Property Law
3 hours
An integrated approach to the federal regimes governing patents, copyrights, and trademarks, as well as related state laws governing trade secrets, misappropriation, and publicity rights. The course covers subject matter protected under each regime, prerequisites for and duration of protection, exclusive rights and limitations thereon, ownership, infringement, remedies, and international treaties. Particular attention is paid to the adaptation of these regimes to recent technological developments.
8213 International Business Transactions
3 hours
The legal aspects of international business and finance, including the extraterritorial application of national statutes and the regulation of international trade.
5402 or 5403 International Civil Dispute Resolution
2-3 hours
An introduction to the key legal and practical issues in handling international dispute resolution. Topics include the role of the international lawyer, international research and international resources, comparative perspectives, jurisdiction, service of process, obtaining evidence, enforcing judgments, and mediation and arbitration issues. Prerequisites: Civil Procedure I and II.
9192 or 9193 International Intellectual Property
2-3 hours
An examination of the international treatment of intellectual property rights including copyrights and neighboring rights, patents, and trademarks and unfair competition. Coverage will include principles of territoriality and national treatment, major conventions and treaties, key international institutions, enforcement and dispute resolution, and policy issues including harmonization, piracy, database protection, traditional knowledge, and moral rights. Prerequisite: None, but students are strongly urged to complete one or more of the following courses before enrolling in this course: Intellectual Property Law, Copyright Law, Patent Law, or Trademark Law.
8742 or 8743 International Law
2 or 3 hours
The legal obligations of nations with respect to each other. Also covered is the role of international law within the American legal system.
6302 Introduction to Legal Practice: Skills for a Successful Legal Career
2 hours
An introduction to law practice management, including start-up, marketing, office and personnel management, business skills, and career development. The course addresses the skills needed to make career transitions and focuses on methods of obtaining optimum satisfaction from a legal career.
6662 Judicial Externship 2 hours
Externship program for students serving as externs for judges of the United States Court of Appeals for the Tenth Circuit, the United States District Court for the Western District of Oklahoma, the United States Bankruptcy Court for the Western District of Oklahoma, the Oklahoma Supreme Court, or the Oklahoma Court of Criminal Appeals. Enrollment is by selection of judge and permission of faculty supervisor. The course is graded on a credit, no credit, or credit with honors basis. Prerequisites: It is recommended that students be in the top half of their class and students must normally have completed 43 hours. Bankruptcy externs must have completed Bankruptcy and Debtor-Creditor Law, and Secured Transactions is highly recommended for bankruptcy externs.
8642 Jurisprudence
2 hours
The meaning of law and legal order, attending to legal philosophy from the early Greeks to contemporary theorists.
8613 Juvenile Law
3 hours
The legal recognition of juvenile status and the treatment of minors in contract and criminal law. Rights and regulations of juveniles in schools and hospitals and the rights and obligations of parents in the upbringing and support of their children are studied.
8632 Juvenile Process
2 hours
Parens patriae doctrine and development of the specialized juvenile justice system, juvenile courts, impact of federal due process decisions, adjudication proceedings, disposition proceedings, and consequences of juvenile adjudications and dispositions. Prerequisite: Criminal Procedure.
9003 Labor Law
3 hours
The basic legal structure created by the National Labor Relations Act to govern the right of employees to organize labor unions and to bargain collectively through the union with their employer. Following a brief overview of the history of organized labor in the United States and the early legislative and judicial responses to union activity, the course examines the protection offered workers under Section 8(a) against employer coercion and discrimination, the process by which a union obtains bargaining rights by means of an election or by unfair labor practice proceedings, the scope of the employer's obligation to bargain in good faith with the union, and the limitations imposed by the Act upon the various forms of union self-help activity.
9233 Land Use
3 hours
The allocation and development of land resources by private legal arrangements, by reliance on the courts, and by governmental planning. Zoning, subdivision regulation, government incentives, urban renewal, and eminent domain are examined. Some familiarity with constitutional law is recommended.
8372 Law and Genetics
2 hours
This course will examine legal, ethical, and policy issues in selected topics in genetics. Such topics may include eugenics, sterilization, the Human Genome Diversity Project, human embryo research, the commercialization of genetics research, gene patents, cloning, forensic evidence, DNA banks, behavioral genetics, and genetic privacy.
8382 or 8383 Law and Medicine
2 or 3 hours
Medical malpractice and problems of consent, informed consent, staff privileges, licensing, hospital liability, and managed care organizations. Emphasis is also placed on current bio-ethical issues dealing with death and dying, directives, physician-assisted suicide, fetal-maternal conflict, surrogacy, and genetics.
6523 The Law of Alternative Dispute Resolution
3 hours
A survey of the evolving statutory, procedural, and case law, both state and federal, concerning negotiation, settlement conferences, early neutral evaluation, mediation, arbitration, and mini-trials, including consideration of relevant ethical issues. Central themes will include the appropriateness of private, rather than public, adjudication in various circumstances; the effect of the use of dispute resolution on the development of the common law; and factors to be considered in developing ADR systems and rules.
9480, 9481, or 9482 Law Review
0, 1, or 2 hours
For members of the Law Review other than editors, a zero credit course graded "Satisfactory" or "Unsatisfactory." A member may instead earn one hour of graded credit for an accepted Case Comment or two hours of graded credit for an accepted Note. Members of the Board of Editors earn one hour of graded credit each semester. The Editor-in-Chief and the Managing Editor earn four mandatory credits, to be distributed over the course of two semesters at the discretion of the Editor-in-Chief and the Managing Editor.
7072 Legal Analysis
1 hour
The nature and process of legal reasoning, including common law analysis and statutory interpretation.
9470 Legal Internship
0 hour
Zero credit course in which all students employed as legal interns must enroll for each semester of employment.
8143 Legal Profession
3 hours
The many roles played by lawyers in society and the responsibilities--ethical, legal, and practical--which must be reconciled in performing these various roles. Discussion focuses on the appropriate functioning of the individual attorney within the legal system and on the role of the organized bar in regulating the profession and contributing to the resolution of social problems. The American Bar Association’s Model Code of Professional Responsibility and Model Rules of Professional Conduct are analyzed in detail.
5223 and 5232 Legal Research and Writing I and II
5 hours
Developing legal research and writing abilities. The first semester course concentrates on teaching students basic research skills and objective legal memoranda. Students learn on-line and book research. The second semester covers appellate advocacy, and concentrates on civil appellate procedures, persuasive appellate brief writing, and oral advocacy.
8112 or 8113 Legislation
2 or 3 hours
The structure and operation of legislatures and the process of interpreting statutes. First, the course examines different models of the legislative process and the philosophical assumptions and legal structures that underlie each of these models. Topics include campaign finance, term limitations, and the tension between direct and representative democracy. Second, the course examines various approaches to statutory interpretation and the reasons for the use of these approaches. Topics include the canons of construction, the use of legislative history, and the role of administrative agencies in statutory interpretation.
6061 or 6062 Litigation Practice Externship
1 or 2 hours
An opportunity to experience litigation practice in a structured setting. Students are required to select a placement site and meet the specific requirements of that placement site as well as the general course requirements. Students will be under the supervision of a faculty member and their supervising attorney at the placement site. Placement site work will include a variety of tasks assigned to the student by the supervising attorney. Each student is required to work a minimum of 91 hours at the placement site. In addition to the site work, students will be required to attend class sessions covering skills training topics. Students are required to submit weekly time records, as well as a journal. The course is graded on a credit (Cr), no-credit (NC), or credit with honors (CrH) basis. Each student will receive an Interim and a Final Evaluation from his or her supervising attorney. Prerequisite: Completion of 43 credit hours or permission of the instructor.
A limited number of students will be eligible to continue at the placement for a second semester with supervising faculty approval. The academic requirements for the second semester are the following: the student earns one credit hour (instead of two); the student continues to work at the placement for 91 hours the second semester; and writes a paper on an issue relating to the work encountered at the placement. The paper will satisfy the upper-class writing requirement. The student will be required to present the paper in class. The proposed paper topic and outline must be submitted prior to course registration for the second semester.
7093 Mental Disability Law
3 hours
An examination of the civil and constitutional bases of mental disability law in such areas as civil commitment, institutional rights (with specific focus on the right to refuse treatment), deinstitutionalization, aftercare, and federal statutory rights (with specific focus on the Americans with Disabilities Act). Students will also explore all aspects of the role of mental disability in the criminal trial process, including criminal incompetencies, the insanity defense, sexually violent predator laws, federal sentencing guidelines, and the death penalty. Students will study the history of mental disability law and why and how it has developed as it has, and, most importantly, why judges and fact finders decide mental disability law cases the way they do, to facilitate our predictions of future trends and outcomes.
6432 Mergers and Acquisitions
2 hours
The study of the law governing, and the methods of accomplishing, hostile and negotiated corporate combinations and acquisitions, including the adoption of anti-takeover devices, the conduct of negotiations, considerations in pricing and stock-for-stock swaps, strategies in structuring transactions and conducting proxy solicitations, the duties of officers and directors under state and federal law, the Hart-Scott-Rodino Antitrust Improvements Act of 1976, stock exchange and NASD rules, state anti-takeover statutes, and the applicable Federal securities laws (including the Williams Act) generally.
6332 National Security Law
2 hours
A survey of both old principles and new developments as they relate to contemporary national security concerns, including federal separation-of-powers questions, the various types (and degrees) of “war,” intelligence operations, countervailing security-classification and freedom-of-information concerns, profiling, preventive detention, and the USA PATRIOT Act. National Security Law deals with a subject the roots of which trace to eighteenth-century separation-of-powers (and related national security) issues; the field of study, however, has generated new awareness in light of the events of September 11, 2001.
8211 or 8212 Native American Externship
1 or 2 hours
An externship program using field work, classroom, and simulation methods to provide legal assistance to Native Americans in central Oklahoma. In addition to a weekly two-hour classroom session, students are required to work 91 hours for two credits at a placement site such as Oklahoma Indian Legal Services, the U.S. Attorney’s Office, a Tribal Court or a Tribal Prosecutor’s office. In addition to the site work, students are required to attend class sessions covering skills training topics. Students are required to submit weekly time records as well as a journal. The course is graded on a credit (CR), no-credit (NC), or credit with honors (CrH) basis. Each student will receive an Interim and a Final Evaluation from his/her supervising attorney. Prerequisites: Completion of 43 credit hours or permission of the instructor; American Indian Law. Concurrent enrollment in American Indian Law and this course is permitted.
A limited number of students will be eligible to continue at the placement for a second semester with supervising faculty approval. The academic requirements for the second semester are the following: the student earns one credit hour (instead of two); the student continues to work at the placement for 91 hours the second semester; and writes a paper on an issue relating to the work the student has encountered at the placement. The paper will satisfy the upper-class writing requirement. The student will be required to present the paper in class. The proposed paper topic and outline must be submitted prior to course registration for the second semester.
9382 Oil and Gas Contracts and Taxation
2 hours
A study of the kinds of contracts used principally in oil and gas drilling, production, and marketing operations, including tax and environmental aspects.
8154 Oil and Gas Law
4 hours
The nature and protection of various interests in the oil and gas mineral estate; legal principles concerning the rights and remedies of the mineral owner, owner-lessor, and lessee; major clauses of the oil and gas lease; implied covenants; and problems incident to conveyances of interests in the mineral estate.
7332 or 7333 Oklahoma Land Titles
2 or 3 hours
Oklahoma law relating to real estate titles, study of common title defects, title curative legislation, and the mechanics and purposes of title examination.
6012 or 6013 Patent Law
2 or 3 hours
A detailed examination of the process of obtaining patent rights (including the threshold issues of eligibility, utility, novelty and nonobviousness), disclosure and enablement, the format for filing a patent claim, licensing, the definition of patent infringement, and the enforcement of patent rights where infringement has occurred. Special attention will also be paid to the patent ability of software, federal preemption issues, and the interrelationship between patent law and trade secret law, copyright law, and antitrust law.
6402 or 6403 Pretrial Litigation
2 or 3 hours
Pre-trial procedures used in civil litigation under the Federal Rules of Civil Procedure and corresponding state rules. The emphasis is on the identification of the best means to conduct pleading and discovery in different types of cases, the tactics commonly employed, and, to a lesser extent, the means by which the fruits of this process are used at trial. The course will combine, as enrollment permits, the study of the relevant rules in this context with the drafting of and responses to discovery requests, and the taking and defending of depositions, together with relevant pleading and motion practice. Enrollment is limited to sixteen. Prerequisites: Civil Procedure I and II.
9852 or 9853 Products Liability
2 or 3 hours
The causes of action available for accidents caused by defective products and the defenses available for each cause of action. Also included is the study of the various tests for defectiveness, the proper plaintiffs and defendants in a product liability action, proof problems, and issues in remedies that relate specifically to products liability. Particular emphasis is placed upon national trends, both judicial and legislative, in the area.
7404 Property
4 hours
An introduction to the law of property, including methods of acquiring and holding real and personal property; the rights, powers and obligations of owners and possessors; an introduction to private and public regulation of the use of land; and an introduction to real estate transactions. Topics covered will usually include gifts, adverse possession, present and future interests, concurrent and marital estates, leaseholds, easements and servitudes, deeds, and recording acts.
8733 Real Estate Development
3 hours
An introduction to the practice and principles of real estate planning, development, and finance. Among the topics addressed are the role of brokers and lawyers, contemporary mortgage instruments, recording and lien priority, government regulations and incentives, condominiums and cooperatives, and real estate syndications.
7423 Religion and the Constitution
3 hours
Focuses on the function of the religion clauses of the First Amendment to the Constitution of the United States in our system of government and the interpretation of these clauses by the Supreme Court of the United States. In addition to a close examination of the Court’s religion clause doctrine, the course explores various approaches to understanding the Establishment and Free Exercise clauses and the reasons for the use of these approaches.
8622 or 8623 Remedies
2 or 3 hours
Equitable, restitutionary, and damage remedies, including injunctions and specific performance, contempt, restitution, contract damages other than those covered by the Uniform Commercial Code, tort damages, punitive damages, calculations of present value, and the equity-law distinction concerning jury trials.
7043 Sales and Leases
3 hours
The selling and leasing of goods in domestic and international transactions. The primary emphasis is on Article 2 of the Uniform Commercial Code, with secondary attention paid to Article 2A and to the United Nations Convention on Contracts for the International Sale of Goods. Topics include contract formation and interpretation, performance, breach, remedies, and warranties. In addition to this substantive law, the course pays special attention to developing an effective understanding of and the ability to use Article 2's statutory scheme. Prerequisites: Contracts I and II.
8203 Secured Transactions
3 hours
The law governing secured transactions in personal property covered by Article 9 of the Uniform Commercial Code. Topics covered include the establishment and perfection of security interests pursuant to credit sales contracts, problems focusing on the interface between Article 9 and federal bankruptcy law, priority disputes among collateral claimants, default, and rights after default. In addition to establishing a base of substantive information concerning Article 9's treatment of the foregoing topics, emphasis is placed on developing an understanding of and facility with the Code's statutory scheme.
9153 Securities Litigation and Enforcement
3 hours
An exploration of procedural and legal issues in securities litigation and enforcement by the Securities and Exchange Commission and other regulatory bodies, and federal and state criminal prosecution of securities violations. Insider trading, investigations, civil and administrative proceedings, and remedies and sanctions (injunctions, disgorgement, and civil penalties) will also be examined.
9143 Securities Regulation
3 hours
The federal regulation of securities, including the registration and distribution of securities under the Securities Act of 1933, the distribution of securities in transactions exempt from registration, the scope of coverage of the 1933 Act, the purpose and nature of the disclosure required under the 1933 Act, the purpose and scope of the Securities Exchange Act of 1934, insider trading, proxy and tender offer regulation, and liability for violations of the 1933 Act and 1934 Act. Prerequisite: Corporations.
Seminars
2 hours
A seminar involves a professor and a small number of students, engaged in creative research that is of an original nature or that adds clarity to existing theories. The subject matter of a seminar shall be determined by the faculty member and approved by the Curriculum Committee. A seminar shall result in a substantial written product or products as defined by the professor, which shall be a part of the basis for evaluation. Ordinarily, no examination will be given. Seminars may meet as scheduled at the professor’s discretion, in accordance with the attendance standards of the American Bar Association. Subject to the approval of the Dean’s Office, enrollment in a seminar shall not exceed seventeen students. A student using the seminar to satisfy the upper-class writing requirement must declare to the professor in writing his or her intention to do so within ten days of the beginning of a semester. A student may enroll in no more than two seminars during his or her law school career without permission from the Associate Dean for Academic Affairs. Additional rules and regulations promulgated by individual professors should be anticipated.
8023 State and Local Government
3 hours
The institutional setting, organization power, and legal doctrines of state and local government. This course explores government; intergovernmental relations; the impact of federal policy upon local activities; the interplay of state and local policies; the enforcement of regulatory measures; labor management relations in public service; financing the local government; public expenditures and contracts; governmental control of land development; and governmental tort immunity and liability.
9091 Supervised Paper
1 hour
Permits students to perform research in a specialized field under the supervision of a full-time law faculty member. This course may be taken only by students who have completed at least 43 hours during residence at OCU. A student may not enroll in this course in the summer term. A student may not enroll in this course more than once per semester. A student may not enroll in this course and Course No. 9092, Directed Research, during the same semester. This course is graded on a credit (Cr), no-credit (NC), or credit with honors (CrH) basis. In order to successfully complete this course, a student must write a substantial paper that (1) seeks to make a significant contribution to the understanding of a topic which is sufficiently novel, important or interesting to be suitable for scholarly analysis in a law journal, (2) reflects research of sufficient substance to provide a reader familiar with the issue or field with valuable knowledge and insights, (3) reveals substantial analysis of the material and issues presented, (4) is presented in a clear and finished manner, (5) consists of not less than twenty-five typewritten, double-spaced pages of text using 12-point Times New Roman font (with standard margins, exclusive of footnotes), and (6) presents footnotes that conform to the most recent edition of A Uniform System of Citation. Satisfactory completion of this course fulfills the upper-class writing requirement, if the instructor so certifies.
9433 or 9334 Taxation of Business Entities
3 or 4 hours
The income tax consequences of doing business in corporate, partnership, or limited liability company form. Emphasis is given to the tax consequences of formation of the entity, transfers of property between an entity and owners of the entity, and dissolution of the entity. Advantages and disadvantages of each form of doing business are considered. Prerequisite: Income Tax Law.
6452 or 6453 Texas Civil Procedure
2 or 3 hours
Texas civil practice with emphasis on those areas where it differs most significantly from Federal civil procedure, especially pleading, interim relief, Texas trial court jurisdiction and venue, joinder, discovery, summary judgment, right to a jury trial, trial procedure and verdicts, instructed verdicts, and post-trial motions. Prerequisites: Civil Procedure I and II or permission of the course instructor.
7504 Torts
4 hours
Analysis of the legal principles underlying civil liability for injuries to persons and property. Topics covered include negligence, traditional strict liability, and selected topics in intentional torts.
6702 and 6703 Trademark and Unfair Competition Law
2 or 3 hours
An examination of the common law and statutory (Lanham Act) protections of trademarks and trade names, with primary focus on the nature and types of protectable trademarks, and their acquisition, registration, use, and abandonment. Special attention is paid to the secondary-meaning doctrine, remedies for trademark infringements, and related jurisdictional issues. A variety of non-trademark “unfair competition” issues (including trade secret issues and deceptive advertising) is also addressed, including the role of the Federal Trade Commission with respect to such matters.
9074 Trial Practice
4 hours
Practical application of the rules of civil and criminal procedure and the law of evidence in the trial setting. Stressed are pleading, preparation, proof, and persuasion. Students who take the Litigation Practice Sequence are not eligible to take this course. Prerequisites: Evidence and Civil Procedure I.
8732 and 8723 Water Law
2 or 3 hours
The legal control of water resources. The course identifies the types of surface and ground water rights; their acquisition, retention and loss; and the administration of public and private interests in water. The course is designed to ground the student in the fundamentals of American water law. It examines in detail how surface water rights are acquired, exercised, and administered under the separate doctrines of prior appropriation and riparian rights. Special emphasis is placed on Oklahoma's hybrid dual-doctrine system. The impact of federal constitutional powers and statutory programs, including the navigation servitude, agency regulations, reserved rights, and Indian rights are studied. The course also examines the rules of absolute ownership, reasonable use, and correlative rights in ground water. Oklahoma's unique system of ground water allocation under its private ownership and reasonable use rules is explored in detail.
7744 Wills, Trusts, and Estates I
4 hours
The basic course that covers the substantive law of wills, private express trusts, interstate succession, will substitutes, and planning for incapacity.
7742 Wills, Trusts, and Estates II
2 hours
This advanced course covers topics not addressed in Wills, Trusts and Estates I that are essential for a student planning to practice in this area of the law. Topics include: powers of appointment, trust and estate administration, charitable trusts, future interests, and the rule against perpetuities. Prerequisite: Wills, Trusts, and Estates I.