LAW 801 CONTRACTS/SALES I. (3)
Formation of contracts; offer, acceptance, consideration. Statute of Frauds, parol evidence rule. Sale of goods under Article 2 of the Uniform Commercial Code.
LAW 802 CONTRACTS/SALES II. (3)
Continuation of Contracts/Sales I - Statute of Frauds, performance, express and implied conditions, repudiation, impossibility.
LAW 804 LEGAL RESEARCH AND WRITING SKILLS. (3)
Instruction in the use of research materials, in legal writing, in the fundamentals of legal analysis and in the solution of selected legal problems.
LAW 805 TORTS. (4)
Intentional torts and defenses, negligence, causation, duties of occupants of land and manufacturers and vendors of chattels, contributory negligence, strict liability, deceit, defamation, malicious prosecution, interference with advantageous relations.
LAW 807 PROPERTY. (4)
Basic course in property; possession, gifts, bona fide purchasers of personalty. Estates, uses, easements, and rights incident to ownership.
LAW 809 FEDERAL CRIMINAL LAW. (2-3)
This course will cover federal white collar criminal issues, including RICO, mail and wire fraud, political corruption, bank secrecy laws, and false statement laws.
LAW 810 CRIMINAL LAW. (3)
Jurisdiction; the criminal act, complete and incomplete; criminal intent, actual and constructive; duress and mistake of fact, of law; justification; parties in crime; crimes against the person and crimes against property.
LAW 811 CRIMINAL PROCEDURE I. (3)
This course will cover search and seizure, the privilege against self-incrimination, confessions and identification procedures--in general, the constitutional cases arising out of the conflict between police practices and the Bill of Rights.
LAW 814 CRIMINAL TRIAL PROCESS. (3)
This course will cover in-depth the criminal trial process from the initial court appearance: grand jury proceedings, pretrial motions, discovery, trial, pleas, sentencing, appeals, double jeopardy and habeas corpus. Students who have taken LAW 813, Criminal Procedure II, may not take this course.
LAW 815 CIVIL PROCEDURE I. (3)
Introduction to the civil action; personal and in rem jurisdiction; service or process and notice; subject matter jurisdiction; venue; choice of law; pleading.
LAW 817 CIVIL PROCEDURE II. (2-3)
Joinder of claims and parties; discovery; summary judgment; right to jury trial; trials and posttrial motions; res judicata and collateral estoppel.
LAW 818 REMEDIES. (3)
Nature of damages; nature of specific relief; personal interests; contractual interests; property interests; specific relief and the government.
LAW 819 THE FEDERAL COURTS
AND THE FEDERAL SYSTEM. (3)
The nature of the federal judicial function and its development, distribution of power among federal and state courts, Supreme Court review of state court decisions, the law applied in federal district courts, federal question and diversity jurisdiction, federal habeas corpus, removal jurisdiction and procedure.
LAW 820 CONSTITUTIONAL LAW I. (3)
Judicial interpretation of the Constitution; the federal system; powers of the national government; limitations on the exercise of state powers.
LAW 821 LITIGATION SKILLS. (3)
The skills of litigation, including trial advocacy, interviewing and counseling, negotiation and pleading. Lecture, one hour; laboratory, five hours. Prereq or concur: LAW 890.
LAW 822 CONSTITUTIONAL LAW II. (3)
Protection of individuals and organizations by the Bill of Rights, the fourteenth amendment, and other provisions of the Constitution.
¶ LAW 823 FIRST AMENDMENT LAW.
LAW 824 ALTERNATE DISPUTE RESOLUTION. (3)
Methods of dispute resolution other than trial; statutory and judicial regulation; presenting a claim in different formats of ADR.
LAW 825 THE NEGOTIATING PROCESS. (2)
Analysis of the elements of bargaining power; exercises in the negotiating process in various contexts; basic techniques of negotiation; ethical norms of the lawyer-investigator. Lecture, one hour; laboratory, two hours per week.
LAW 826 LEGAL DRAFTING. (2-3)
This course systematically explores drafting process and technique and provides drafting practice. Students complete drafting-related exercises which become the focus of class discussions. Students also complete major drafting projects. These may consist of a will, a contract, a piece of legislation or other common lawyer work product. Major drafting projects are the focus of class discussions and individual or small group meetings with the instructor.
LAW 827 LEGAL MEDICINE. (3)
Legal-medical issues, including medical negligence, regulation of health care providers, aiding and altering reproduction, and defining death.
LAW 828 STATUTORY CIVIL RIGHTS. (3)
This is a survey course designed to cover the entire field of federal antidiscrimination law. Topics to be covered may include employment discrimination (primarily focusing on race, sex, age, and disability issues and possibly affirmative action); housing discrimination (primarily focusing on race, disability, and family issues); other disability discrimination issues under the Americans with Disabilities Act; discrimination in public accommodations and government programs; voting rights litigation issues involving proof (e.g., how cases based on direct evidence of intent, circumstantial evidence of intent, and disparate impact differ from one another), special defenses, and remedies; and a brief survey of the more important questions that arise in Section 1983 litigation. Prereq: LAW 822.
LAW 835 PROFESSIONAL RESPONSIBILITY. (2-3)
An examination of the varying roles played by lawyers in society and the conflicting pressures created to each role. Special attention is paid to the Code of Professional Responsibility as a guide and control in the lawyer-client relationship. Also considered at length is the role of law in society and the place of the legal profession in society. Guest speakers are used to bring into focus employment options for lawyers and the viewpoints of varying types of practicing lawyers to the pervasive problems of the legal profession.
LAW 836 LAW AND ECONOMICS. (2)
This course applies neoclassic economics concepts to the law. It offers economic explanations of legal rules (for example, explaining how legal rules tend to move society toward or away from economic efficiency). The course also explores normative issues, such as whether the pursuit of economic efficiency is morally attractive. The course looks at the following areas of the law: property, contracts, torts, family law, criminal law, employment law, corporate law, and securities law.
LAW 837 PHILOSOPHY OF LAW. (3)
Concept of law; relations between law and morals; nature of legal reasoning; analysis of legal concepts; justification of punishment. Pass/fail basis only for law students. (Same as PHI 537.)
LAW 839 GENDER DISCRIMINATION. (2-3)
Constitutional aspects of sex discrimination, employment discrimination. A criminal law unit covering women as victims and as offenders.
LAW 842 SPORTS LAW. (3)
Surveys regulatory and contractual aspects of this multi-million dollar industry. Includes issues related to intercollegiate athletics; professional recruitment and contracting; labor and anti-trust issues; liability issues and other related topics.
LAW 850 LEGAL ACCOUNTING. (2-3)
This course is designed to introduce students to general bookkeeping and accounting principles. Class discussion will concentrate on the relevance of accounting judgments to legal issues rather than focusing on technical problems. Students will examine income statements, balance sheets, and other accounting documents. Emphasis will be placed on an understanding of accepted accounting principles (GAAP) and the abuses of GAAP. Students with undergraduate financial accounting can take this course only with permission of the professor.
LAW 851 BUSINESS ASSOCIATIONS. (4)
Legal introduction to business organization; emphasis on nature and structure under modern American business corporation law. Areas: partnership planning (formation, property rights, dissolution and liquidation rights); steps for corporate organizing (including legal consequences of defective incorporation); nature of corporate entity concept; corporate control and management (including problems of close corporation); fiduciary duties of directors and controlling shareholders under state law; nature and characteristics of shareholders' derivative suit. Prereq: Completion of first year of law study generally is expected.
LAW 855 CORPORATION FINANCE LAW. (3)
A study of selected problems in advanced corporation law, including corporate promotion and capitalization (with special emphasis on senior securities and their characteristics); corporate distributions (dividends); recapitalizations (elimination of accrued dividends); public regulation of security issues (Securities Act of 1933 and state Blue Sky laws).
LAW 856 BUSINESS PLANNING. (3)
This course involves the planning of business transactions and combines the applicable corporate, tax, and securities considerations of such transactions in a single course. Emphasis will be on some of the more important types of corporate transactions, such as the organization of a private corporation and a public corporation, conflicts between stockholders of a close corporation, and corporate combinations. Course is limited to third-year students who have had a background in corporations and income tax. Knowledge of securities regulation and corporate tax is desired.
LAW 860 TAXATION I. (3-4)
Problems in federal and state income taxation.
LAW 861 TAXATION OF BUSINESS ENTERPRISES I. (4)
Federal income taxation of transactions between partners and their partnership and shareholders and their corporation; organization of partnerships and corporations; taxation of distributions of operating profits, liquidations, and sales of interests. Prereq: LAW 860.
LAW 863 TAXATION OF BUSINESS ENTERPRISES II. (3)
Advanced problems of federal income taxation of corporations and partnerships; mergers and acquisitions; reorganizations, recapitalizations; affiliated corporations; consolidated returns. Prereq: LAW 860 and LAW 861.
LAW 864 REAL ESTATE TRANSACTIONS. (3)
This course covers numerous issues related to real estate conveyancing, including contractual issues, title assurance, and financing the transactions. Prereq: Property.
LAW 865 ESTATE AND GIFT TAXATION. (3)
Donative transfers of property, including inter vivos transfers and wills; income, estate, and gift tax consequences of the various methods of disposition; administration of estates.
LAW 866 ESTATE PLANNING SKILLS. (2-3)
This course offers practical experience in advanced estate planning; interviewing, counseling, planning and drafting wills, trusts and related documents. Prereq: LAW 865 and LAW 876.
LAW 872 LAND USE PLANNING. (2-3)
A comprehensive survey of the basic legal devices to control the use of land, theories of land use planning, nuisance, private agreements, zoning and zoning procedure, the role of the federal government in land planning, exercise of eminent domain, and selected Kentucky problems, such as rural zoning and proposed New Towns for Appalachia.
LAW 874 BANKING LAW. (2-3)
History of banking; overview of agencies which regulate bank activities; formation and regulation of bank holding companies; bank mergers and acquisitions; branch banking; antitrust considerations; trust operations conducted by banks; impact of securities legislation on bank loans and bank financing; the FDIC and its impact on a failing bank.
LAW 875 SECURITIES REGULATION. (3)
The law governing the issuance, distribution and trading of securities under the Securities Act of 1933 and the Securities Exchange Act of 1934; the obligation to register securities; public offerings by issuers; secondary distributions; and registration requirements growing out of mergers, definition of a "security" and the exemptions from registration requirements; insider trading prohibitions; antifraud provisions in tender offers, self tenders, proxy solicitations and the purchase and sale of securities.
LAW 876 TRUSTS AND ESTATES. (4)
An elective course for second-year law students. Examination of rules governing intestate distribution of property; formal requirements governing execution, alteration and revocation of wills; requisite elements of express trusts and requirements for their creation; special rules relating to charitable trusts and spendthrift trusts; rules concerning construction of wills and trusts and general rules governing administration of decedents' estates and trusts.
LAW 877 FUTURE INTERESTS. (2)
An advanced elective course for third-year law students treating in-depth future interests of ownership in property, including the kind of future interests, rules as to class gifts, the rule against perpetuities, and powers of appointment with emphasis on the lawyer's use of future interests in estate planning and the pitfalls relating thereto.
LAW 880 BASIC UNIFORM COMMERCIAL CODE. (4)
A study of problems involved in secured transactions and the exchange of commercial paper as governed by the Uniform Commercial Code.
LAW 885 COMMERCIAL DEBTOR-CREDITOR RELATIONS. (2-3)
Minimizing risk of loss through bankruptcy by business creditors and debtors; Uniform Commercial Code versus the federal Bankruptcy Act; nonbankruptcy creditors' and debtors' remedies in commercial context, including assignments and arrangements under state law; commercial bankruptcy; rehabilitation under Bankruptcy Act.
LAW 887 INSURANCE. (2-3)
Nature of contract, insurable interest, making the contract, concealment, representations, warranties, implied conditions of forfeiture, waiver and estoppel, rights under the contract, and construction of the policy.
LAW 888 CONSTRUCTION LAW. (2-3)
This course covers particular legal issues relating to construction designs, procurement, contract interpretation, performance subcontracts, bonds and insurance, and conflict resolution approaches.
LAW 890 EVIDENCE. (4)
Rules of admissibility, real, circumstantial, testimonial and documentary evidence, witnesses, hearsay rule and its exceptions, procedure of admissibility, law and fact, judge and jury, burden of proof and presumption, judicial notice, and parole evidence rule.
LAW 898 ENVIRONMENTAL LAW. (3)
The role of the legal system in regulating the interrelated subsystems within the physical environment, including water and air pollution, solid waste disposal, and strip mining. Emphasis on: constitutional limitations on the public's power to implement planning proposals; relationships between federal, state and local governments; structure of agencies regulating environmental quality; standards for administrative discretion; the openness of administrative hearing procedures; and the scope of judicial review of administrative decisions. Prereq: None directly, although completion of first-year law courses is expected for second- and third-year elective courses.
LAW 900 LAW SPECIAL COURSE. (2 or 3)
Interdisciplinary, topical or experimental courses to be approved by the faculty and Dean of the College of Law. A particular course may be offered no more than twice under the LAW 900 number.
LAW 905 CONFLICT OF LAWS. (3)
Nature of the subject, penal laws, procedure, judgments, domicile, capacity, form, particular subjects, litigation, family law, inheritance, foreign administrators.
LAW 910 LABOR LAW. (3)
History, organization, and structure of American labor unions; obligations and prerogatives of employers; questions of representation; privileges and obligations of unions; collective bargaining and dispute settlement.
LAW 912 EMPLOYMENT LAW. (3)
This course surveys and examines that multitude of important legal doctrines, statutes and rules that regulate those rights and responsibilities of employers and workers which are not controlled by collectively bargained agreements. The structures for administering the more important areas of such regulation are also studied. The subject matter of this course affects most dimensions of the manner in which over three quarters of our Gross National Income is distributed. Course coverage includes: the law of individual employment contracts, special employment relations such as civil service, the employer's right to various forms of work products, the employer's responsibility for job health and safety, protection of the worker's property, worker responsibility for wrong-doing, wage-hour laws, vacation benefits, bonuses, retirement benefits, health insurance benefits, and unemployment compensation.
LAW 913 ADVANCED LEGAL RESEARCH. (2)
This two credit course is designed to assist third-year law students improve their legal research skills by introducing them to a number of research tools not covered in first-year legal research instruction. Besides exposure to legal research material, students will apply research strategies to in-class and out-of-class assignments.
Topics covered include: review of basics; secondary authority; international, foreign and transnational law; statutory and legislative history research; administrative law; tax research; securities law; environmental and criminal law; banking and labor law; family and employment law; and looseleaf, trial practice and ALR materials. These topics will be examined using traditional legal research methodology, as well as CD-ROM, INTERNET and on-line databases. Prereq: Open only to third year students.
LAW 914 ADVANCED TORTS. (2-3)
Advanced torts provides a detailed and sophisticated treatment of one or more areas of tort law. Potential topics include defamation and privacy; products liability; medical malpractice; commercial torts; toxic torts and mass tort litigation, emphasizing innovative alternative methods of resolving such litigation; and comparative law aspects of tort litigation with a focus on analyzing other compensation systems.
LAW 915 FAMILY LAW. (2-3)
Contracts to marry; the marriage status; annulment, divorce and separation; parent and child; infants and incompetent persons.
*LAW 916 CHILDREN AND THE LAW. (2-3)
When offered for two credit hours: allocation of rights between the state and parents, management/control of minor's property, child protective services (abuse, dependency, and neglect), status offenses, termination of parental rights, foster care, and adoption. When offered for three credit hours: allocation of rights between the state and parents, management/control of minor's property, child protective services (abuse, dependency, and neglect), status offenses, termination of parental rights, foster care, adoption, medical decision-making, education rights, and juvenile justice (transfer hearings, and sanctions).
LAW 920 ADMINISTRATIVE LAW. (3)
Establishment of administrative tribunals, limits on discretion. Notice and hearing, orders, methods of judicial relief, scope of judicial review.
LAW 925 INTERNATIONAL LAW. (3)
Introduction to the legal process by which interests are adjusted and decisions reached on the international scene. Treaties, the law of international organizations, the "common law" of nations and national laws with significant international ramifications are examined to determine their effect on international cooperation and coercion.
LAW 926 INTERNATIONAL BUSINESS
TRANSACTIONS COURSE. (3)
This course will cover the basic legal structure regulating international trade. Topics covered include: international sales contracts, international finance, international civil litigation and arbitration (jurisdiction, choice of law, enforcement of foreign judgments and arbitration awards), tariff and non-tariff trade barriers, export licensing, international aspects of intellectual property (patents, trademarks and copyrights), regulation of foreign investment, regional trade organization with emphasis on the EEC and North American Free Trade Area and fundamentals of taxation of international transactions.
LAW 927 LEGISLATION. (3)
This course provides an introduction to legislation and the legislative process, with an emphasis on federal legislation. Among the subjects considered are theories of representation by the legislature, includes one person-one vote; legal process theory and the roles that judicial review and separation of powers play in that theory; and statutory construction, including the rules and canons of statutory construction and the use of legislative history in interpreting statutes.
LAW 928 EMPLOYEE BENEFITS LAW. (3)
This course provides a broad overview of federal law governing employee benefits. Topics covered include: origins and fundamentals of the pension system, origins of ERISA, taxation of employee benefits, fiduciary rules, and preemption. Students who take this course should have completed a basic tax course.
LAW 930 ANTITRUST LAW. (2-3)
The body of law structuring economic organization and activities in a free enterprise national system. Major matters considered in the course are government creation and regulation of the legal monopolies, controls over collaborative conduct of competing economic entities, and legal controls over the vertical distributive relationship of suppliers, dealers, and customers.
LAW 931 STATE AND LOCAL TAXATION. (2-3)
This course provides an introduction to the fundamentals of state and local taxation. Topics covered include: property taxation, sales taxation, corporate taxation, and constitutional limitations on state and local taxation.
LAW 935 INTELLECTUAL PROPERTY. (2-3)
Analysis of the various common law unfair competition areas; examination of statutory relief in areas of trademarks, copyright, and misleading advertising; survey and analysis of various portions of Federal Trade Commission Act and Robinson-Patman Act.
LAW 936 INTELLECTUAL PROPERTY
TRANSACTIONS. (2 or 3)
Intellectual Property Transactions deals with legal problems in the commercialization of intellectual property. It covers, among other things, license, confidentiality agreements, and intellectual property financing. Prereq: LAW 935 or permission of the instructor.
LAW 950 SEMINAR. (1-3)
Seminar in selected legal problems. Normally, each seminar is centered upon a particular field of legal learning, such as office practice, current constitutional litigation, etc. May be repeated to a maximum of 10 credits.
LAW 958 ENVIRONMENTAL MEDIATION EXTERNSHIP. (2)
Through a placement with the Kentucky Natural Resources and Environmental Protection Cabinet's Office of Administrative Hearings, this externship provides practical training and experience in mediating environmental disputes. The externship also provides exposure to the Cabinet's administrative hearings process as well as an introduction to various aspects of environmental law. Students engage in mediation training, analysis of the mediation process, analysis of mediated cases, and mediation simulations. Each student observes both the Cabinet's mediation of environmental administrative disputes and the Cabinet's entire administrative hearing process. Students also co-mediate actual environmental administrative disputes before the Cabinet. Offered on a pass-fail basis only.
LAW 959 LEGAL CLINIC. (2-3)
This is a graded two or three hours practice-oriented course that provides third year students with a unique opportunity to represent low income elderly individuals on a variety of legal matters. Under the Kentucky Supreme Court's limited practice rule, and with the supervision of the clinical director, students will represent clients in negotiations with federal and state agencies, in administrative hearings or in court procedures. Students will also interview clients, draft legal documents, file pleadings, and conduct discovery.
LAW 960 TRIAL ADVOCACY BOARD. (1)
In the second year all students who successfully complete the intra-school competition and are asked to become a member of the Board will receive one hour of pass-fail credit at the end of the spring semester of the third year for meaningful participation in the activities of the Board, which includes national inter-school competitions and conducting the second year membership competition. Prereq: LAW 890.
LAW 961 MOOT COURT/BOARD. (1-2)
Second year competition for one hour credit. Those selected for the Moot Court Board receive an additional two hours credit in the third year. Offered on a pass/fail basis only. May be repeated to a maximum of three credits.
LAW 962 KENTUCKY LAW JOURNAL. (1-3)
This course, required of all members of the Law Journal staff, offers experience in legal writing, editing, and the process of publication of a scholarly periodical. Offered on a pass/fail basis only.
LAW 963 JOURNAL OF NATURAL RESOURCES
AND ENVIRONMENTAL LAW. (3)
The course required of all members of the Journal of Natural Resources and Environmental law, offers experience in legal writing, editing and the process of publication of a scholarly journal. Pass-fail only.
LAW 964 JUDICIAL CLERKSHIP. (2)
Clerking for trial and appellate judges. May be repeated once with permission of the Dean. Offered on a pass/fail basis.
LAW 965 LEGAL INTERNSHIP. (2)
Supervised handling of criminal cases under the limited practice rule of the Kentucky Supreme Court. Instruction and practice in investigation, preparation and trial advocacy. Open to third year students only. May be repeated once with permission of the Dean. Offered on a pass/fail basis.
LAW 966 MOOT COURT NATIONAL TEAM. (2)
Participation on Moot Court National Team. National Team members should sign for this course instead of 961 in their third year.
LAW 967 PRISON INTERNSHIP. (3)
Supervised handling of cases for prisoners at the Federal Correctional Institution; instruction and practice in interviewing, counseling, negotiation, and study of applicable substantive law. Offered on a pass/fail basis only. Prereq: Completion of all first-year courses.
LAW 968 RESEARCH PROBLEMS. (2)
Independent study of legal problems under faculty supervision, and supervised training in legal aid, moot court and legal writing. May be repeated to a maximum of six credits.
LAW 969 SENIOR RESEARCH PROBLEMS. (2)
Independent study of legal problems under faculty supervision, and supervised training in legal aid, moot court and legal writing. May be repeated to a maximum of six credits.
* = course changed
£ = course dropped
¶ = course removed from Bulletin due to inactivity