Courses

Providing you with an exceptional legal education.

At Creighton University School of Law, an outstanding legal education starts in the classroom. You’ll learn from full-time faculty members and distinguished adjunct faculty who are all extraordinary teachers. They’re also available—when you need them—thanks to our open-door policy.

Your Courses

2040 Initiative Seminar

LAW 396 - 2 hrs
This interdisciplinary seminar course of 16-20 students will explore issues associated with the interaction of demographic trends and law. We will investigate how demographics and political process combine to provide us with current law and consider what legal changes may result from projected demographic changes over the next generation. After a general introduction, we will explore specific legal topics; possible topics to be addressed include Immigration, Education, Labor, Health, Housing, Gerrymandering and Political Polarization, Criminal Justice, Tax Policy, and Family Protection (Child Care and Preschool as well as Elder Care). Class assignments will include student blog posts to the 2040 Initiative website, a paper on a specific demographic/political/legal issue, and presentation of that issue to the group. The class is graded pass/fail.

*The 2040 Initiative draws its name from the U.S. Census projection that the U.S. population as a whole will become “majority minority” by the year 2040, though the seminar will focus on other demographic trends as well.
Taught by: Strand, Weber (Law); Crawford (Political Science);
                  Murray (Sociology)

Administrative Law

LAW 307 - 3 hrs
This course examines the form, organization, and function of administrative agencies in the context of a democratic constitutional system. The course looks at agency rulemaking, enforcement, and adjudication, and examines as well the legislative, executive, and judicial control of those functions.
Taught by: Pearson
 

Advanced Commercial Transactions

LAW 434 - 2 hrs
This course explores typical commercial transactions that a small but growing business might encounter, including negotiation of secured bank loans, incorporation, personal guarantees of corporate indebtedness, loan workouts, and creditor representation in bankruptcy. A substantial part of the course involves simulation exercises and drafting and review of pertinent documents.
P: Secured Transactions. Areas of Concentration: Business Law
Taught by:  Culhane, Karnes

 
Advanced Constitutional Law

LAW 311 - 3 hrs
This course examines the role of the Supreme Court in protecting the rights of individuals and minority groups against national or state governmental activity that conflicts with constitutional guarantees. The course focuses on problems of substantive due process, equal protection, and free speech. The course inquires into the double standards of judicial review (strict scrutiny and rational basis) as a mode of constitutional analysis.
P: Constitutional Law
Taught by: Neumeister

 
Advanced Legal Research

LAW 313 - 2 hrs
Legal research is a basic part of the practice of most beginning attorneys. While research is changing dramatically with the increased use of online databases and the Internet, an understanding of print resources remains essential. This course explores recent developments in the field and provides an overview of print and electronic research approaches. Topics to be discussed include basic primary and secondary sources, including legislative history and administrative law; legal materials used in Nebraska practice; cost-effective use of online systems; research in specialized areas of the law; the use of non-legal and business materials; the role of the World Wide Web in legal research; and nontraditional approaches to finding legal information.
P: Legal Research
Taught by: Butterfield, Johnson

 
Advanced Legal Writing and Drafting

LAW 312  - 2 or 3 hrs
This seminar is designed to improve and fine-tune legal writing skills by emphasizing inductive and deductive organization in various legal documents, and editing and critiquing documents to add clarity and structure. Drafting assignments will include trial briefs, correspondence, and estate documents.
P: Legal Research and Legal Writing and Lawyering Skills I and II.
Areas of Concentration: Litigation
Taught by: Dickhute, Knoepfler

 
Advanced Trial Practice

LAW 308 - 3 hrs
This course will cover opening and closing statements, evidentiary objections, offers of proof, the introduction of demonstrative evidence, trial tactics, trial preparation, direct and cross-examination of witnesses, and trial strategies generally. Students will prepare for regional trial competitions and will be required to try the competition cases. All students will be involved in one of the regional competitions either as an attorney, witness, or assistant. Class size will be limited to third-year students who will be selected based on a trial competition conducted in the fall.
P: Civil Procedure I and II, Evidence, and Trial Practice.
Areas of Concentration: Criminal Law & Procedure, Litigation
Taught by: Mangrum

 
Alternative Dispute Resolution

LAW 310 - 2 hrs
Law students and lawyers have traditionally regarded formal court adjudication as the norm in the process of resolving disputes between parties. This course will provide an overview of the alternatives to formal court adjudication including negotiation and mediation. The course will emphasize other processes of dispute resolution that are complementary to litigation, primarily the law and procedures relating to arbitration under the Federal Arbitration Act. The course format will include in-class problems and exercises, guest lecturers, and videotapes. Areas of Concentration: Litigation
Taught by: Strand

 
Alternative Dispute Resolution (online)

LAW 310 - 3 hrs (online)
This course presents a broad introduction to the field of negotiation and dispute resolution and provides the student with a strong foundation across a number of key areas. The course is taught online. As an academic discipline and a distinct professional field, conflict resolution reached and passed a tipping point sometime in the last decades of the 20th century: what was once a patchwork of techniques (such as interest-based negotiation), social movements (such as community justice), and efforts at streamlining court dockets (such as mandatory mediation referrals), has become an interdisciplinary field in its own right, transformed from an “alternative” form of dispute resolution to the mainstream. Negotiation has always been a fundamental tool in lawyers’ toolbox; in contemporary practice, this must be augmented with an understanding of other ADR processes.

The course is structured to provide practical skills that can be applied in real-world lawyering, as well as insights that can be transferred to, and enhanced through, other course offerings in the Negotiation and Dispute Resolution program. As an introduction to the ADR field, it will also equip students with a new set of conceptual frameworks and a disciplinary vocabulary that will prepare them to engage with the field’s literature and participants.
Areas of Concentration: Litigation
Taught by: Ebner


Animal Law

LAW 299 - 3 hrs
This course addresses legal issues that affect animals, including companion animals, wildlife, and animals raised for commercial purposes. Topics that will be discussed include animal cruelty, animals as property, tort claims regarding animals, estate issues involving animals, animals raised for food, animals in entertainment, animals used for research, and federal issues regarding animals. Course work will involve not only the reading and discussion of court opinions, but also the drafting of documents related to certain matters being discussed in class.
Taught by: Knoepfler
 

Antitrust

LAW 324 - 3 hrs
Detailed coverage of the Sherman and Clayton Acts, as they have been interpreted by the federal courts, is the emphasis in this course. Students examine (1) collaboration among competitors to fix prices, operate trade associations, regulate methods of competition, create joint ventures, set the terms of dealing with others, or exchange patent licenses; (2) legal and economic concepts of monopoly and monopolization; (3) vertical restraints including resale price maintenance, exclusive distributorship, territorial and customer limitations on dealers, refusals to deal, tying, and exclusive dealing arrangements; and (4) horizontal, vertical and conglomerate mergers.
Areas of Concentration: Business Law
Taught by: Morse


Appellate Litigation

LAW 486 - 3 hrs
Appellate litigation is a specialized practice area requiring knowledge and skills distinct from trial court litigation. This course will offer hands-on experience and explore in depth the craft of appellate advocacy. It will emphasize topics essential to effective appellate advocacy, including: the rules and mechanics of the appellate process; brief writing; and oral argument. The centerpiece of the course will be the case problem. This problem will be the focus of the brief and oral argument.
Areas of Concentration: Litigation
Taught by: Irwin

 
Arbitration

LAW 315 - 2 hrs
This course will focus on the legal and procedural aspects of arbitration agreements and the conduct of arbitration proceedings in the United States. The course will provide students with an understanding of the law of arbitration as it relates to drafting enforceable agreements to arbitrate virtually any civil claim that can be heard by a court of law. The course will also provide students with an in depth view of the arbitration process itself, including the filing of an arbitration claim; selecting arbitrators; conducting limited discovery; how to conduct the arbitration proceeding itself and the unique challenges associated with the fact legal rules associated with the admission of evidence, hearsay rule, etc. are inapplicable in an arbitration proceeding; and the limited ability to appeal or challenge an arbitrator’s decision. While the course will touch upon the law of arbitration as it relates to the unique field of labor arbitration and international arbitration, the focus of the course will be on non-labor civil arbitration proceedings before privately selected arbitrators in the United States.
Areas of Concentration: Litigation
Taught by: DeWald

 
Arbitration/Trial Law Theory

LAW 301 - 1 hrs
This course teaches about theme and theory in trials and arbitration hearings and the analytical structure of the component parts of proceedings in these forums. From among the students in this course, students will be selected to represent Creighton in the ABA Arbitration Competition. The course will cover development of theme and theory; the structure of and evidentiary issues relating to openings and closings, direct examination, and cross examination; use of demonstrative aids; rules of rhetoric and power of word choice; trial/arbitration hearing notebooks; voir dire; framing offers of proof; and ethics and personal integrity in trials and hearings. Enrollment for this course is limited to third-year law students. Preference will be given to law students (1) who have excelled in a joint open try-out for the Arbitration and Advanced Trial Practice teams (conducted during the second-semester of the second year) or (2) who are enrolled in the Werner Institute with a specialized interest in arbitration. The course is graded pass/fail.
Areas of Concentration - Litigation
Taught by: Teply, Mangrum

 
Banking Law and Regulation

LAW 325 - 3 hrs
This course examines the regulation of the American banking industry. Students learn why banks have traditionally been regulated much more heavily than other industries, and how those regulations are structured, including limits on entry and geographic expansion, permissible activities, and usury, as well as incentives for loans and other services to lower-income people within a banks serve area. Federal and state bank regulatory agencies and their enforcement powers will be covered. P: Business Associations. Areas of Concentration: Business Law
Taught by: Culhane, Karnes

 
Bankruptcy I

LAW 337 - 3 hrs
This course opens with a brief study of debt collection methods and legal limitations under state law, including executions, garnishments, exemptions, and fraudulent conveyances. The principal focus of the course, however, is the Bankruptcy Act of 1978. Consumer bankruptcy will be examined under Chapters 7 and 13 of that act. Some aspects of business bankruptcies under Chapters 7, 11, and 13 will also be covered. P: Contracts and Secured Transactions. May take Secured Transactions concurrently with Bankruptcy I. This course was formerly known as Debtor Creditor Relations.
Areas of Concentration: Business Law
Taught by: White, Culhane

 
Bankruptcy II

LAW 329 - 3 hrs
This course introduces techniques for business reorganizations with emphasis on Chapter 11 reorganizations under the federal bankruptcy laws. This is a project based course. Professor White will work with each student to craft appropriate project topics. This course was formerly known as Corporate Reorganization Seminar.
P: Secured Transactions in Personal Property and Bankruptcy I.
Areas of Concentration: Business Law
Taught by: White

 
Bioethics and the Law

LAW 322 - 3 hrs
This course examines issues that arise at the intersection of law and bioethics. Among the topics to be explored are: limiting and facilitating reproduction; genetic screening and technology; death, dying, and the so-called right to die; organ transplantation; medical experimentation; and the legal meaning of personhood. Attention will be paid to the philosophical and theological debates concerning these issues, as well as the legal developments.

 
Business Associations

LAW 335 - 4 hrs
This course surveys significant legal issues affecting the formation, operation, and governance of business enterprises. It explores the basic relationships and legal entities through which business activities are carried out, including agency, partnerships, limited liability companies, and corporations. Choice of organizational form, financing structures, implications of limited liability and limitations imposed thereon, governance of the enterprise, and the nature and extent of fiduciary obligations are among the many topics addressed. The course also provides an overview of some basic financial accounting and valuation concepts and principles of taxation applicable to C corporations, S corporations, and partnerships. It provides an important foundation for further study in areas of business planning, securities regulation, and taxation, as well as general knowledge of complex legal and policy questions affecting modern business operations.
Taught by: Karnes, Morse, Sieberson

 
Business Planning

LAW 326 - 3 hrs
Selected problems are analyzed to familiarize students with a variety of business transactions, including organizing a business venture, recapitalizing the business, and selling or merging the business. These problems require the student to consider various aspects of corporate, securities, and tax law with respect to each transaction. General business and accounting principles are also analyzed.
P: Business Associations and Federal Income Taxation
Areas of Concentration: Business Law
Taught by: Batenhorst

 
Children, Families, and the State

LAW 334 - 3 hrs
This course examines the legal interactions between the family and the state as they affect children. Among the issues covered are the legislative and judicial allocations of power between the family and the state; the child’s voice in allocating that power and in related decision-making; the legal framework for the child’s relationships within the family; dependency court law and procedures, including state and federal laws protecting children from neglect and abuse; and adoption. Course materials include casebook assignments supplemented by readings from legal, medical, psychological, and social science literature. Students who have taken Juvenile Law (377) may not register for this course.
Taught by: Brooks

 
Civic Organizing and Democracy: Practice and Theory

LAW 306 - 3 hrs
Using both practice and theory, this course explores civic organizing, civic social systems, and democracy. Civic organizers create civic relationships that bridge across institutional and other social divides. The resulting civic social systems enable the collaborative formulation and resolution of issues in ways that respect the good of the whole group. The course examines the relationship of civic systems and civic organizing to democracy and government-in both the domestic and the international contexts-as well as to other social institutions including business, families, and those of “civil society.” Consideration of the role of lawyers is a key part of this examination.

The course covers the following:

   1. the role of lawyers and other professionals vis-à-vis civic systems, as civic organizers, and in civic decision-making;
   2. civic organizing skills such as active listening, one-on-ones, and network mapping;
   3. case studies of organizers and organizing movements;
   4. civic relationships, networks, systems, culture, stories, and institutions;
   5. the relationship between civic systems and democracy;
   6. an introduction to civic systems and democracy in the international context; and
   7. an introduction to civic systems in the context of existing non-governmental organizations and social institutions.

The course is taught in a seminar format with students at times assisting in leading the discussion. The course includes a practice component that offers a supported opportunity for students to learn civic organizing in an actual context relevant to their lives. Examples might be a student organization, workplace, civic or community group, family, faith community, or neighborhood. The professor works with students individually to design and execute these projects. The course is structured so that the theory and skills covered in class support the practical work outside. A portion of the class time is devoted to applying the theory and skills materials to the students’ practice components, to discussion and trouble-shooting vis-à-vis that work, and to reflective debriefing.

The work product for this course consists of the practice component described above as well as several pieces of writing over the course of the semester:

  • a short initial paper surveying each student’s own networks;
  • a slightly longer paper describing the student’s planned practice component;
  • an analytical paper assessing an existing legal or institutional practice from a civic system or civic organizing point of view; and
  • a final paper in which the student integrates the practical and theoretical components of the course and reflects on both.

Taught by: Strand

 
Civil Procedure I & II

LAW 103 & 104  2.5 / 2.5 hrs
Coverage includes procedure in civil actions in the state and federal courts, including subject matter jurisdiction, venue, personal jurisdiction, choice of law, pleading, joinder of claims, joinder of parties, discovery, and res judicata.
Taught by: Whitten, Teply

 
Community Economic Development Clinic

LAW 316 - 4 hrs
The Community Economic Development Clinic provides students an opportunity to work on a broad range of transactional and business law issues affecting community development. Students in the CED Clinic will represent a client base of non-profit and community based organizations that serve low-income communities across the state of Nebraska and small business owners. Students will advise corporations on legal and regulatory issues, draft and file articles of incorporation; prepare by-laws; review transactional and organization documents; research questions of state and federal law. Students can expect to prepare legal memoranda and opinions and assist in counseling clients on litigation matters. Each student will advise a small business owner on business planning questions.

The classroom component of the clinic will intorduce students to the patchwork of federal, state, public and private programs and efforts that address community development, with emphasis on housing development and the role of non-profit corporations. Coverage will include tax-exempt corporations under IRC 501 and low-income housing development. General governance of non-profits will be analyzed. Grades are on a pass, fail basis. Two hours are classroom credit hours and two hours are non-classroom credit hours. P: Completion of at least four-full-time semesters of law school (or the equivalent hours) and all required courses.
Areas of Concentration: Business Law
Taught by: Alexander

 
Commercial Law

LAW 429 - 4 hrs
The course will examine the concepts and scope of the Uniform Commercial Code; in particular, Sales of Personal Property (Article 2), Leases of Personal Property (Article 2A), Negotiable Instruments and Payment Systems (Articles 3 & 4), and Secured Transactions (Article 9). Also, ancillary bodies of law (i.e. fraudulent conveyances, bankruptcy, wire transfers, documents of title, etc.) will be discussed when relevant to provide an overview of fundamental commercial law concepts. This course is designed to provide an overview and understanding of the most important commercial law concepts. This course is required for graduation.
P: Contracts I, Contracts II
Taught by: Anderson

 
Comparative Constitutional Law

LAW 309 - 2 hrs
Comparative Constitutional Law is a 2-hour paper seminar exploring the structural intricacies of various forms of constitutional construction in a variety of countries. The U.S. Constitution serves as a touchstone to compare the political and legal choices made by countries such as Canada, France, Japan, South Africa, Britain and Russia (to name a few) in setting up their own constitutional governments. The legal and policy ramifications of those choices are then explored in the context of interpretive case law and subsequent amendment processes. “Constitution-making” is also discussed in the context of Germany’s experience with its post-World War I constitution founding the Weimar Republic and then its post-World War II Basic Law founding the Federal Republic of Germany alongside newer examples of constitutionmaking in post-war Afghanistan and post-war Iraq. Students select research topics on which to write in addition to selecting a specific constitution on which to present in class.
Areas of Concentration: International & Comparative Law
Taught by: Kelly

 
Comparative Corporate Governance Seminar

LAW 319 - 2 hrs
This seminar will examine systems of corporate governance from a comparative perspective. In considering the allocation of responsibility among corporate actors, we will focus on the following: (i) internal corporate mechanisms, particularly the function and duties of directors, (ii) outside market pressures, including institutional investors and the market for corporate control, and (iii) the role of non-shareholder stakeholders. Our study will begin with the U.S. governance model, proceed to Japanese and German models and include an examination of governance in selected transitional economies such as Russia and China. We will also consider the international influence of the U.S. model and whether the various models of corporate governance are converging. For grading, students will have the option of a research paper or a take-home exam. Enrollment is limited to 15 students.
Prerequisite: Business Associations
Areas of Concentration: Business Law International & Comparative Law

 
Comparative Criminal Procedure

LAW 320 - 2 hrs
This course will compare criminal procedure processes of the United States and various foreign jurisdictions by examining criminal procedural law arising from statutes, court opinions and other informal sources. Major procedural areas such pretrial detention, interrogation, discovery, exclusionary rules, plea-bargaining, victims rights, trial rights, the role of counsel, and appeals will be considered. By developing these comparisons, the course will familiarize students with diverse procedural approaches and enhance understanding of the assumptions inherent in our own adversarial process.
Prerequisite: Criminal Procedure
Areas of Concentration: Criminal Law & Procedure International & Comparative Law

Taught by: Mack

 
Comprehensive Review

LAW 302 - 2 hrs
This course is pass/fail course and provides a comprehensive review of basic legal subjects and also will focus on test taking skills. The hours count as classroom hours. The course will cover Multistate Bar Exam and Multistate Essay Exam topics. The topics covered may include constitutional law, contracts/sales, criminal law, criminal procedure, evidence, real property, torts, agency, commercial paper, conflicts, corporations, family law, federal civil procedure, partnerships, sales, secured transactions, trusts, future interests, and wills. The course is available only to third year students and is offered on Fridays afternoons. It is team taught by Professor Birmingham with the assistance of various other faculty members. The course is intended to give students a jump-start on their bar examination preparations and does not replace existing commercial bar review courses.
Instructor: Birmingham

 
Conflict of Laws

LAW 331 - 3 hrs
This course examines the numerous conflict-of-laws systems used in the United States to determine the applicable law in multistate disputes, i.e., disputes that affect more than one state, or that involve people from more than one state, or both.  In addition, the course examines the constitutional limits on the ability to apply the law of particular states to a dispute, especially the limits existing under the Due Process Clause of the Fourteenth Amendment and the Full Faith and Credit Clause of Article IV, section 1 of the United States Constitution. Also included is an examination of the problems of interstate judgment enforcement in the United States. The course begins with an introduction to the different conflict-of-laws methods systems used in the United States. Also examined in this introduction are general problems that transcend all conflict-of-laws systems, such as the problem of distinguishing between substantive rules and procedural rules for purposes of conflict-of-laws cases, concepts such as domicile, and so forth.  Following this general introduction, the course examines constitutional limits on the ability to apply a particular state’s law to multistate disputes. This is followed by examination of problems of interstate judgment enforcement.  Finally, time permitting, the course will conclude with an examination of conflict-of-laws problems in particular “substantive” areas, such as torts, contracts, property, and domestic relations.
Prerequisites: Prerequisites: Civil Procedure I and II.
Areas of Concentration: Litigation; International & Comparative Law.

Taught by: Whitten

 
Constitutional Law I & II

LAW 107 & 108  2.5 / 2.5 hrs
Cases introduce general principles of federal constitutional law, including government authority and its distribution under the constitution; the judicial function in constitutional cases; powers delegated to the national government, and powers of the states in areas of federal authority; and intergovernmental relations. Rights, privileges, and immunities under the constitution; national citizenship; due process; equal protection; and the contract clause are also covered.
Taught by: Fenner, Watts

 
Contracts I & II

LAW 111 & 112  2.5 / 2.5 hrs
Classes study the fundamental principles governing the formation, interpretation, performance, and enforcement of contracts. Special attention is given to the requirements of offer and acceptance, consideration, formal requirements, public policy, and the problems of choosing a remedy in case of breach. Some attention is also given to the effect of the Uniform Commercial Code on the law of contracts.
Taught by: Anderson, Weber, White

 
Copyrights

LAW 339 - 3 hrs
Copyright law offers protection for works considered to be within the fine arts (music, paintings, photographs, sculpture) and literature (books, stories, plays) as well as more mundane works, including commercial, i.e., applied art and even data directories. Copyright also covers architectural works and works reliant on technology, such as computer software. This course examines copyright law, its history, and its ability to respond to recent developments in technology. Course topics include the standards governing copyrightability; the exclusive rights a copyright confers; infringement; defenses (including “fair use”); and remedies.
Taught by: Dallon, Stadler

 
Corporate Finance

LAW 332 - 3 hrs
This course is an introduction to the legal issues involved in corporate finance. It examines methods used by corporations and investors to value businesses, raise capital and regulate conflicting interests between shareholders and creditors. We will also examine popular new financial products such as hybrid securities, derivatives, and asset securitizations. Emphasis will be placed primarily on the role of lawyers in corporate finance rather than on financial theory.
P: Business Associations.
Areas of Concentration: Business Law

 
Corporate Reorganization Seminar

See Bankruptcy II

 
Criminal Law

LAW 115 - 3 hrs
The basic concepts of substantive criminal law are examined in this course. Offenses against persons, habitations, property, and public administration are covered together with principles of individual and corporate criminal responsibility. Statutory and common law defenses are studied. Criminal liability via acts of accomplices and conspirators will be scrutinized. RICO and other modern criminal statutes will be examined.
Areas of Concentration: Criminal Law & Procedure
Taught by: Anderson, Mack, Melilli, Neumeister

 
Criminal Procedure

LAW 341 - 3 hrs
This course examines the original proceedings of the criminal process. Particular attention is given to the problems of arrest; search and seizure; self-incrimination; coerced confession; wire tapping; right to counsel; bail; speedy trial; discovery; plea bargaining; double jeopardy; and the retroactive effect of decisions.
P: Constitutional Law.
Areas of Concentration: Criminal Law & Procedure

Taught by: Melilli, Mack

 
Debtor-Creditor Relations

See Bankruptcy I

 
Defense of Criminal Cases

LAW 345 - 2 hrs
The purpose of this course is to give the law student a practical guide through the stages of an ordinary criminal case from both the prosecution and defense perspective. This course identifies critical points in the proceedings; warns of rights to be asserted and interests to be protected at each stage; describes the practices and procedures necessary or useful for the assertion of the rights and the protection of interests of the defendant; and suggests steps to be taken and issues to be considered by the prosecutor and defense counsel at the various stages. Prerequisites may be taken concurrently with Defense of Criminal Cases, but priority will be given to students who have completed the prerequisites. A student who has taken/is taking Prosecution of Criminal Cases may not enroll in this course.
P: Constitutional Law, Criminal Law, Evidence, and Criminal Procedure.
Areas of Concentration: Criminal Law & Procedure Litigation Litigation
Taught by: Riley, Stickman, Thomas

 
Education Law

LAW 432 - 2 hrs
This course will include discussions of the following topics: desegregation; students free speech rights; parental rights; school finance; assignment of students under Nebraska’s choice law; and other issues related to public education.
Taught by: Bredthauer

 
Elder Law

LAW 350 - 3 hrs
There are more Americans over the age of 65, whether measured by the total number or by the percentage of the population, than in any time in our history. While everyone talks about what are the problems and issues we face as a society with a population that is aging, many of those over 65 are living a rich, full life while others at that age are living lives of poverty, hunger and isolation. One of the results of this growing group is a new specialization in law, elder law. As part of this class we will study the issues such as age discrimination, legal assistance to the elderly, health care and long term care, housing and income maintenance, guardianships, and decisions about quality of life. One focus will be on ethical issues with respect to clients who are elderly, and we will also discuss crimes against the elderly and how we as a society can respond to this growing and troubling trend. Either a final paper or a final exam; TBA.
Taught by: Wilson

Employee Benefits

LAW 343 - 2 hrs
This is a survey course of employee benefits governed by the Employee Retirement Income Security Act of 1974 (ERISA). Employee benefits issues arise in many contexts, including mergers and acquisitions, health care, family law, estate planning, bankruptcy, and a host of other practice areas. The course will primarily address defined benefit (e.g., pension) and defined contribution (e.g., 401(k)) plans. The course examines the rules on eligibility, participation, vesting, funding, non-discrimination, disclosures, and the many fiduciary roles and duties imposed under ERISA. The course will include coverage of these and other topics as they arise in litigation and transactions.
Taught by: Yudelson

 
Employment Discrimination

LAW 346 - 2/3 hrs
Students study federal and state statutes that prohibit employment discrimination on the basis of race, color, sex, religion, national origin, age, and disability. Primary attention is given to Title VII of the Civil Rights Act of 1964. The topics considered include an analysis of different theories of discrimination (including reverse discrimination); litigation under Title VII; the impact of Title VII on employment practices; the overlap between Title VII and other anti-discrimination statutes; remedies, including affirmative action; and the role of the Equal Employment Opportunity Commission.
Taught by: Harbeck, Neumeister

 
Employment Law

LAW 398 - 2 hrs
This course provides an introduction to a variety of general employment law issues. Topics include the employment-at-will rule and the recognition of statutory and common law protections against unjust discharge. Employee privacy issues arising out of drug and alcohol testing, polygraph examinations, medical and psychological screening, as well as defamation and other employment related torts are also examined. The course will also examine various state and federal protections against unlawful discrimination, including Title VII, the ADA, the ADEA, the Nebraska Fair Employment Practice Act, and various other discrimination and anti-retaliation statutes. The course also provides an overview of Wage and Hour laws, as well as other employee rights under the FMLA, COBRA, and similar statutes. This course was formerly known as Individual Employee Rights.
Taught by: Rossiter Jr.

 
Environmental and Natural Resources Law

LAW 349 - 4 hrs
This course surveys legal principles and programs that govern allocation, use, and protection of natural resources. In one portion, it reviews constitutional, statutory, and common law regulation of government decision-making, federal lands management, and species and ecosystem conservation. A second major portion of the course examines federal and state regulation and remediation of pollution of air, water, and land.
Taught by: Pearson

 
Estate and Gift Taxation (federal)

LAW 351 - 3 hrs
This course considers the operation and use of federal estate, gift, generation-skipping, and related tax provisions applicable to gratuitous intervivos and testamentary dispositions of property.
P: Federal Income Taxation; Trusts and Estates I.
Taught by: Ottemann

 
Estate Planning

LAW 353 - 2 hrs
This seminar deals with the planning for lifetime and testamentary wealth transmission in the context of common estate planning models. We discuss probate, non-probate and other tools and techniques involved in this process, including wills, revocable living trusts, family limited partnerships, limited liability companies, life insurance trusts, charitable trusts, durable powers of attorney and health care directives. The seminar addresses planning ideas and drafting techniques relating to federal estate and gift transfer taxes and non-tax reasons for estate planning. P: Trusts and Estates I, Federal Income Taxation, Estate and Gift Taxation.
Taught by: Wintz

 
European Union Law

LAW 352 - 3 hrs
This course introduces the purpose, structure and theory of the European Union since it evolved from inception under the 1956 Treaty of Rome as solely an economic body into the organization it is today with both domestic and international legal and political personality. Significant emphasis is placed on understanding the legal interplay among the principal governing organs: Council of Ministers, Commission, Parliament and the European Court of Justice and the promulgation of laws under this unique system. Constitutional case law is also discussed in the context of the Four Freedoms - free movement of goods, workers, persons and capital within the European Union. Immigration under the Schengen Agreement, unified monetary policy and accession of new member states will also be covered. Students should note that this course may be offered only every other year, so a student who wants to take this course should take it at the first offering.
Areas of Concentration: International & Comparative Law
Taught by: Kelly

 
Evidence

LAW 355 - 3 hrs
This is a comprehensive course covering the rules governing the introduction of evidence in judicial and, to a lesser extent, administrative proceedings. Attention is focused on the Federal Rules of Evidence, the Nebraska Evidence Rules, and the general principles of the common law of evidence. A combination problem/case book method is employed.
Areas of Concentration: Criminal Law & Procedure
Taught by: Melilli, Mangrum, Fenner

 
Faith, Morality and Law Seminar

LAW 419 - 1 hour
“A Law, properly speaking, regards first and foremost the order to the common good.” (Thomas Aquinas,  Summa Theologica, I-II, Q. 90, Art. 3). This seminar invites student to reflect upon the relationship between concerns of faith (that is, convictions religious or otherwise), morality, and the law. Together, we will explore the various ways in which the law is shaped by moral norms, and how legal concerns engage with concerns of faith. In our first section, we will consider how moral norms enter into the legal framework, how we might interrogate the legal system to discover those norms, and what the sources of normative behavior might be. In particular, we will focus on the tradition found in Catholic Social Thought (CST), focusing on contemporary treatments of that tradition. Our second section will focus on specific issues that appear in contemporary America legal debates. For each selected topic, we will focus on the leading or typical cases and presentations of American law. We will the compare and contrast with the treatment accorded by CST, with brief discussion of other religious and philosophical traditions. The primary objective of this course is for students to develop the tools to critically examine legal norms in light of their own moral and religious convictions, and to understand critically how legal and faith traditions engage with each other. Students of all religious backgrounds and of no background are welcome and encouraged to enroll. No student’s grade will be affected by religious belief or non-belief. Although this course will use contemporary Catholic philosophy and theology as the primary interlocutor with typical American jurisprudence, no familiarity with CST or Catholic thought broadly is needed or expected. Students will be encouraged to bring their own philosophical and religious convictions and experiences to the discussion as well. Instructors will primarily be Profs. Romano and Kersten, with some guest lectures TBD. Students who wish to see the tentative syllabus may contact Prof. Romano at NateRomano2 [at] Creighton [dot] edu.
Instructors: Kersten, Romano
 

Family Law Practice

LAW 358
This course provides third year students experience with family law cases by providing a multi-level simulation of law practice modeled on a small office setting. Class meets once weekly, three hours, in a laboratory format with mandatory attendance. Additional time on Friday afternoons is staffed by Professor Brooks and others to assist students with their work. Limited to 12 students.
P: Marriage and Divorce, Evidence, Trusts and Estates I, and Federal Income Tax - or permission of the professor.
Taught by: Brooks


Federal Courts

Federal Courts has been divided into two courses: Federal Courts: Jurisdiction and Procedure of the District Courts; and Federal Courts: Relations between Federal Courts and Congress and Between the Federal Courts and the States. These are free-standing courses and a student may take one or the other or both; each requires only Civil Procedure I and II as prerequisites. Students should note that each of these courses may be offered only every other year, so a student who wants to take one of the courses should take it at the first offering.
Taught by: Borchers, Whitten

 
Federal Courts: Jurisdiction and Procedure of the District Courts

LAW 361 - 2 or 3 hrs
This course examines the jurisdiction of the United States District Courts and related matters. Included are in-depth examinations of the grants of federal question, diversity, and removal jurisdiction of the district courts, including the grant of supplemental jurisdiction to the courts. Also covered will be the venue of actions in the district courts and the ability of those courts to exercise personal jurisdiction over nonresidents. Also included will be an examination of certain procedural issues pertinent to the above topics, such as multiple party joinder and res judicata. Time permitting, the course will also examine topics relating to the power of federal courts in cases involving state officers, including Eleventh Amendment and other doctrines affecting the ability to sue state officials, and habeas corpus.
Areas of Concentration: Litigation
Taught by: Borchers, Whitten

 
Federal Courts: Relations Between Federal Courts and Congress and Between the Federal Courts and the States

LAW 340 - 3 hrs
This course will examine the limits on the power of the federal courts to decide cases and controversies under Article III of the Constitution, the power of Congress to control the jurisdiction of the federal courts, the Erie doctrine, and other topics bearing on the relationship between federal courts and the other branches of the federal government and the relationship of those courts to the state courts, including the Eleventh Amendment and other doctrines bearing on the ability of the federal courts to entertain suits against states and state officers, and the federal remedy of habeas corpus.
Areas of Concentration: Litigation
Taught By: Watts, Whitten

 
Federal Habeas Corpus

LAW 420 - 2 or 3 hrs
This course surveys federal legal remedies following criminal convictions. We devote significant attention to the writ of habeas corpus with particular emphasis on federal litigation pursuant to the Antiterrorism and Effective Death Penalty Act (AEDPA). In addition to analysis of the writ and AEDPA, the course explores larger questions including notions of comity and federalism. Course readings are comprised of habeas corpus appellate opinions and collateral reviews of convictions, statutory analysis, news articles, and a popular account of a high profile death penalty case. Course grades are determined by a 3-hour final exam with the possibility of a grade fraction bump for class participation.
Prerequisites: Criminal Law and Criminal Procedure or concurrent enrollment.
Areas of Concentration: Criminal Law & Procedure Litigation

Taught By: Watts

 
Federal Income Taxation

LAW 363 - 3 hrs
Federal income tax problems encountered in general practice are covered in this course. Included are tax problems of individuals and businesses; income concepts; deduction limitations; property transactions; capital asset transfers; and tax practice and procedure.
Areas of Concentration: Business Law
Taught By: Mirkay, Morse, Birmingham

 
Financial Statement Analysis

LAW 303 - 2 hrs
This course is an introduction to the field and discipline of financial accounting for lawyers who have a non-financial background. During the course the student is exposed to the mechanics and terminology of financial accounting, including the purpose and relationship of the basic financial statements and accounting for specific items such as inventory, depreciation, and taxes. This is a non-technical course which seeks to acquaint the non-financial student with the general purposes of accounting and the independent accountant in our society. Students who have taken more than three hours of accounting may not register for this course without instructor permission.
Areas of Concentration: Business Law
Taught By: Clawson

 
First Amendment Freedom of Speech

LAW 366 - 2 hrs
The subject of this course is the Free Speech clause of the First Amendment to the United States Constitution. This course will explore political speech, commercial speech, and sexually explicit speech; the rights of individuals, political associations, and corporations; the rights of the speaker, the audience, and the state. This course will deal with the states power to protect unwilling listeners, vulnerable audiences, and national security; to promote litter-free public spaces, the peace and quiet of neighborhoods, and the sanctity of homes; to preserve the discipline of schools, military barracks, and prisons. This course will cover panhandling, picketing, and posting signs; speech in a library, at a lunch counter, and in the middle of the street; flag burning, nude dancing, and rock and roll.
P: Constitutional Law
Taught By: Fenner

 
Health Care Law I

LAW 376 - 2 hrs
This course examines a variety of legal problems associated with modern American health care. Topics include access to care (patients rights, health insurance portability, etc.), healthcare fraud, managed care (HMOs, financial incentives, utilization review, etc.) and antitrust (price fixing, staff privileges, networks, etc.).
Taught By: Birmingham

 
Health Care Law II

LAW 347 - 2 hrs
This course examines the study of health care institution/provider liability in tandem with acceptable standards of medical professional/patient relationship. In addition, the formation of the medical provider business entity and its legal consequences are the backdrop for a comprehensive review of the duty to provide care, as well access to public health models. Finally, fraud and abuse within the healthcare system, as well as the trend towards medical cartels, mergers and acquisitions and exclusive contracting are highlighted. Course may include Healthcare Reform updates affecting these areas. Health Care Law I is not a prerequisite.
Taught by: Sorrentino

Immigration Law

LAW 370 - 3 hrs
This course explores the history of United States immigration legislation from the Alien and Sedition Acts to the present, with emphasis on the McCarran-Walter Act of 1952 and the 1965 and 1976 Amendments. Coverage includes immigrant and non-immigrant visas including visas based on employment, refuses and political asylum; excludable classes; entry procedure; deportable classes; the deportation process; and naturalization.
Areas of Concentration: International & Comparative Law
Taught By: Weber

 
Independent Directed Study in International/Comparative Law

LAW 435 - 3 hrs
Students may elect to do a research project yielding a significant paper with individual professors on an international or comparative law topic for up to 3 credits. Student must have the permission of a professor for an approved research topic to undertake this level of study.
Areas of Concentration: International & Comparative Law
Taught By: Mack, Kelly, Sieberson

 
Insurance

LAW 371 - 2 or 3 hrs
Insurance, as a special kind of contract subject to statutory regulations, is studied. Emphasis is placed on the requirements of insurable interest, fair disclosure, and truthfulness in representations and warranties. Detailed attention is given to the interpretation and application of the characteristic clauses in the various kinds of insurance, such as life, accident, liability and property insurance. Attention is also given to the rights of various persons who may have an interest in the policy, such as the beneficiary, or assignee of the life insurance policy, or, in case of property insurance, the mortgagee, vendor, or bailer of the property
Areas of Concentration: Business Law
Taught By: Willis

 
International Arbitration

LAW 383 - 2 hrs
This course is open to both J.D. and NDR master’s students. In international business disputes, arbitration is now the most commonly used method of resolving disputes in a litigation-like setting.  There are many reasons for this, but the primary one is that New York Convention of 1970, and some parallel conventions that have sprung up, now encompass well over 100 signatory nations. It is considerably easier to enforce an arbitral award in a foreign country than it is a US court judgment.

However, there continue to be significant legal and policy questions regarding arbitration. Arbitration’s relative confidentiality (some would say secrecy) can present difficult questions if the dispute is one of interest to the public.  Other important questions for arbitration in general are even more prevalent in international arbitration.  US courts have long claimed the right to review arbitral awards for “manifest error of law,” though the New York Convention contains no such review provision.  Other difficult and important questions include availability of class relief in arbitral awards, whether claims of fraud in obtaining the arbitration clause should be refereed by the arbitrator(s), the relationship of arbitration to other kinds of dispute resolution, and other legal and policy questions.

This will be a paper course, with the expected length of the final papers in the 15- to 20-page range. Assessment of students: 10% class participation; 20% presentation of paper; 70% final paper. J.D. students must select a paper topic that contains a substantial discussion of a legal doctrine. Graduate students may choose a broader policy topic. This course is a related course in the International and Comparative Law Area of Concentration.
Taught by: Borchers


International Aspects of U.S. Income Tax

LAW 444 - 3 hrs
This course will examine the legal and policy issues associated with the application of U.S. Federal income tax laws to transnational flows of income and capital (i.e., foreign income of U.S. persons and U.S. income of foreign persons). The course will focus on fundamentals, including jurisdiction to tax, sourcing, income allocation, differential treatment of business and nonbusiness income, the foreign tax credit, transfer pricing, and foreign currency transactions. Legal materials will include Federal cases, applicable provisions of the Code and regulations, and applicable treaties. Prerequisites: Business Associations, Federal Income Taxation; Taxation of Business Enterprises is also highly recommended.
Taught By: Morse

International Business Contracting

LAW 372  - 3 hrs
This course covers the theory and practice of commercial contracting in an international setting. It will be of value to any student who aspires to practice business law and the substantive material and experiences will be valuable for domestic practice as well as international. Subjects include sales, distributorships, licenses, joint ventures, investments, and loan agreements. Students will learn how lawyers represent business clients, and will engage in realistic negotiating and drafting exercises. A parallel course will be offered at Carlos III University in Spain, and teams of Creighton and Carlos III students will negotiate and draft a significant cross-border contract. The course grade will be based on individual writing assignments, the group project, and class participation. There will be no exam. Preference for admission to the course will be given to students who have previously taken International Business Transactions, a more theoretical course that is offered in the fall semester.
Taught By: Sieberson

International Business Transactions

LAW 373 - 3 hrs
This course explores the problems faced by American lawyers counseling clients who buy, sell, invest, or otherwise do business abroad. Topics covered are the international sales of goods, including contract negotiation, terms of sale, risk of loss, force majeure, governing law and payment (letters of credit); foreign sales through brokers and distributors; U.S. laws affecting international trade, such as customs classifications/duties, the Foreign Corrupt Practices Act, anti-boycott laws and foreign trade restrictions; international investment through foreign subsidiaries and joint ventures; and dispute resolution, including arbitration alternatives and the enforcement of foreign judgments.
Areas of Concentration: Business Law International & Comparative Law
Taught By: Sieberson

 
International Criminal Law

LAW 382 - 2 hrs
This course covers Americas domestic legal response and the world community’s international legal response to international crime. Subjects discussed include individual criminal liability, extradition, immunity, the nature of sovereignty, judicial remedies for breaches of internationally protected human rights and specific international crimes such as crimes against humanity, terrorism, slavery, torture, genocide and war crimes. Ongoing cases in the U.N. tribunals are reviewed and special focus is dedicated to the British detention of Gen. Pinochet in 1999 and the trial in The Hague of Slobodan Milosevic. Students should note that each of these courses may be offered only every other year, so a student who wants to take on of the courses should take it at the first offering.
Areas of Concentration: Criminal Law & Procedure International & Comparative Law
Taught By: Kelly

 
International Environmental Law

LAW 379 - 2 hrs
This seminar explores the legal adequacy of the international treaty-making process to address increasingly difficult global environmental problems such as climate change, deforestation, trans-boundary pollution, biodiversity protection, ozone depletion and desertification. Practical applications in negotiation, standard-setting, compliance and enforcement are also considered. Formulation of new law and policy options and creation of fresh approaches to these dilemmas are key components of seminar discussion
Areas of Concentration: International & Comparative Law
Taught By: Kelly

 
International Human Rights

LAW 384 - 2 hrs
The course will begin with a review of how and when the international human rights movement developed, and how it addresses on one hand civil and political rights and on the other economic and social rights. The norms underlying these rights and the processes by which they are protected will be explored, along with how they are affected by differing religious and cultural traditions. Topics will include war and genocide, the impact of globalization and other economic considerations, environmental issues, gender and race. With these as background, the course will examine the institutional mechanisms for protection of human rights, beginning with the post-World War II development of the UN-based system, how it has worked, and how it has influenced behavior in the world. Other international organizations, including regional systems and non-governmental organizations, will be examined. The impact of human rights principles on national law will be analyzed, and current developments will be reviewed.
Areas of Concentration: International & Comparative Law
Taught By: Sieberson

 
International Law

LAW 423 - 3 hrs
This course lays out the basic principles of international law as it exists among states. The concepts of state sovereignty over people and territory are explored in the context of the states ability to exercise its jurisdiction. Binding legal obligations between states in the form of treaties, executive agreements and the emergence of custom are considered in depth as are enforcement strategies in the form of international litigation before arbitration panels, claims tribunals, and the International Court of Justice. Students will also analyze and critique current legal practice within the United Nations framework.
Areas of Concentration: International & Comparative Law
Taught By: Kelly, Sieberson

 
International Trade Regulation

LAW 342 - 3 hrs
The course will review national, regional and international programs to regulate cross-border trade. After a background review of constitutional and international law principles affecting trade, the primary focus of the course will be on the WTO/GATT system, including the regulation of tariffs and non-tariff barriers to trade, issues of non-discrimination and national treatment, restrictions on subsidies, antidumping rules, and dispute settlement mechanisms. In addition to the WTO-GATT system, the course will examine regional regulatory systems such as the European Union and NAFTA. Each student will be required to write a 15-page single-spaced research paper on a topic of his or her choice. Each student will also be required to make a presentation to the class on the selected research topic. Topics may include in-depth analysis of issues raised in the course material, examination of the trade policies of particular countries, the political and social implications of globalization, and current events relating to business and trade. There will be a mid-term exam, but no final exam.
Areas of Concentration: Business Law International & Comparative Law
Taught By: Sieberson

 
Introduction to Law

LAW 100 - 0 hrs
This course is required for all accelerated J.D. students. Students satisfactorily completing the course will receive a grade of Satisfactory. The course will provide an introduction to the United States legal system and skills helpful for success in law school. The course will include discussion of:

  • sources of law and hierarchy of legal authority
  • common law vs. statutory law
  • law and equity
  • precedent
  • division between civil and criminal law
  • the federal and state systems
  • role of lawyers in society
  • respective roles of attorney, judge and jury in a case
  • anatomy of a law suit
  • rules of civil procedure and evidence
  • learning from casebooks
  • identifying the issues
  • how to brief a case
  • how to prepare course outlines
  • how to take law school exams

Taught by: Dallon, Dickhute, Pearson

 
Jurisprudence

LAW 375 - 3 hrs
The most important skill cultivated in law school is the ability to reason persuasively. This course focuses directly on developing this skill. The course examines landmark decisions in the areas of Torts, Contracts, Property, Domestic Affairs, Probate, Environmental Law, and Constitutional Law for the purpose of revealing and criticizing the various argument styles relied upon by the various judges. Through case analysis and critique, the students will develop an understanding of the competing jurisprudential styles of legal positivism, legal realism, sociological jurisprudence, legal feminism, liberal entitlement theory, and law and economics. Each theory will be explored for both weaknesses and strengths connected with persuasive legal argumentation
Taught By: Mangrum

 
Juvenile Law

LAW 377 - 3 hrs
This course reviews the history and theory of the Juvenile Court system, its jurisdiction, investigation, types of hearings, hearing procedures, and constitutional rights. The course emphasizes delinquency, status offense, abuse, neglect, and dependency cases. Special attention is given to the prosecutor, guardian ad litem and defense counsel, and to the Nebraska Juvenile Code.
Areas of Concentration: Criminal Law & Procedure
Taught by: Johnson

 
Juvenile Offender Law

LAW 386 - 3 hrs
This course reviews the history and theory of the Juvenile Court system, its jurisdiction, investigation, types of hearings, hearing procedures, and constitutional rights. The course emphasizes the law, practice, and procedure of delinquency and status offenses. Special attention is given to the prosecutor and defense counsel, and the Nebraska Juvenile Code. Students who have taken Juvenile Law (377) may not register for this course.
Areas of Concentration: Criminal Law & Procedure
Taught by: Brooks, Daniels


Labor Law

LAW 381 - 3 hrs
This course is confined to the legal problems arising out of employer-union-employee relations. Obligations imposed upon employers by the labor relations statutes; privileges and duties of labor organizations engaged in collective action; unfair labor practices; procedural and jurisdictional problems arising under labor relations legislation; and collective bargaining issues are covered. Students should note that each of these courses may be offered only every other year, so a student who wants to take on of the courses should take it at the first offering.
Taught By: O’Connor Jr.

 
Land Use Law

LAW 387 - 3 hrs
This course is a study of the competition between private and public rights in property. The course covers nuisance, city planning, zoning, growth management plans, subdivision controls, landmark preservation, eminent domain, public use, takings, and just compensation.
Taught By: Pearson, Neumeister

 
Law and Medicine

LAW 391 - 3 hrs
This course deals with the regulation of the medical profession; legal aspects of the doctor-patient relationship, including informed consent and malpractice; current problems in the interaction of law and medicine, such as legal problems in the allocation of services. With the emergence of managed care, this health care delivery system and its legal implications are examined in depth.

 
Law of Armed Conflict Seminar

LAW 402 - 2 hrs
This course will review the development and current state of military legal principles through an exploration of history, domestic and international jurisprudence, as well as Department of Defense and Executive branch policies. First, we will study the fundamentals of military criminal procedure and substantive law, with a look at alternatives to the military judicial system available to a military commander, who is responsible for the good order and discipline of those under his command. Second, we will explore the fundamentals of the Law of War (also called International Humanitarian Law) with particular emphasis on the 1949 Geneva Conventions. Both topics will concentrate on current challenges including: treatment and processing of violations of the Law of War by U.S. citizens; application of the Law of War to unconventional conflicts such as the Global War on Terrorism; and potential for refinement or revolutionary change in the law.
Areas of Concentration: International & Comparative Law
Taught By: Watts

 
Law of Church and State

LAW 426 - 3 hrs
The First Amendment provides: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. The course examines the history, original intent, and interpretation of the Establishment Clause and the Free Exercise of Religion Clause. The course covers problems under the Establishment Clause, including prayer in the public schools, nativity scenes in public places, creationism versus evolution in public education, government financial aid and welfare programs, and school vouchers. The course also covers problems under the Free Exercise Clause, including discrimination against religious beliefs, facially neutral laws with a disproportionate adverse impact on religious practices, exemptions from general rules for particular religions, and conscientious religious objection to military service in war.
Taught By: Neumeister, Mangrum   

 
Law Office Practice and Management

LAW 433 - 2 hrs
Law school teaches students how to “think like a lawyer.” However, few students graduate from law school understanding how to open and manage a law practice. This course provides basic information and training on how to start and market a law firm, create and monitor both the attorney’s accounts and case files, how to successfully maneuver around a courthouse and use its many resources, and how to use law office technology to effectively and ethically manage the business and practice of law. This course is geared to helping law students obtain one more area in which they are “practice ready.” This course is limited to third year students. That course has been approved by the faculty curriculum committee but its approval is conditional upon approval by the full faculty at an upcoming faculty meeting.
Taught by: Grossman


Legal Interviewing, Negotiation, and Counseling

LAW 394 - 3 hrs
This course focuses on lawyer-client relationships and the role of the attorney in negotiation on behalf of a client. Methods of legal interviewing, counseling, and negotiating are examined in depth. Skills in these areas are developed through practical training and experience.
Taught By: Teply, Dickhute, Brooks, Birmingham, Knoepfler

 
Law Office Practice and Management

LAW 433 - 2 hrs
Law school teaches students how to “think like a lawyer.” However, few students graduate from law school understanding how to open and manage a law practice. This course provides basic information and training on how to start and market a law firm, create and monitor both the attorney’s accounts and case files, how to successfully maneuver around a courthouse and use its many resources, and how to use law office technology to effectively and ethically manage the business and practice of law. This course is geared to helping law students obtain one more area in which they are “practice ready.” This course is limited to third year students. That course has been approved by the faculty curriculum committee but its approval is conditional upon approval by the full faculty at an upcoming faculty meeting.


Legal Issues in Electronic Commerce

LAW 397 - 2 hrs
This course will explore the legal landscape confronting businesses taking part in the global Internet economy. Numerous current legal issues will be explored, including contract and jurisdictional concerns; internet payment systems; the need for strong and reliable security, including encryption, and digital signature issues; First Amendment concerns related to privacy and defamation; and taxation issues. The course will be open to law students and students in the Master of Science in Electronic Commerce program who have previously completed a business-law course.
Areas of Concentration: Business Law
Taught By: O’Connor

 
Legal Research and Writing I

LAW 117 - 2 hrs
This course is designed to introduce students to the fundamental tools and techniques essential to law practice: research, analysis, organization, writing and citation. Students learn about the organization of the American legal system and the sources and construction of laws. Students conduct research to locate relevant legal rules, then analyze and apply those rules to a client’s specific fact situation and effectively communicate the analysis in an objective memorandum.
Taught By: Andrus, Butterfield, Johnson

 
Legal Research and Writing II

LAW 118 - 3 hrs
Students analyze judicial opinions; apply legal concepts and rules; learn the techniques of writing memoranda and briefs; and learn oral advocacy skills. Students are expected to complete written assignments involving independent research and writing and to participate in an oral advocacy exercise.
Taught By: Cote, Goedken, Knoepfler, Real

 
Legal Research and Writing III (fka Legal Writing and Lawyering Skills II)

LAW 205 - 2 hrs
Instruction is continued from Legal Research and Writing II and will center on reporting legal research, persuasive writing, and application of procedural requirements in the writing context. Assignments include memos, pleadings, discovery documents, motions, briefs, and client letters. The course also focuses on improving writing style based on the audience and purpose of the document.
Taught By: Cote, Goedken, Knoepfler, Real

 
Local Government Law

LAW 406 - 2 or 3 hrs
This course examines the basics of Local Government Law: (1) the configurations and powers of the various types of local governments (e.g. cities, counties, and special districts); (2) the allocation of power between states and their local governments; (3) sources of revenue for and debt limitations that apply to local governments; and (4) interlocal cooperation and regional governments. The course also considers how these law basics affect current issues in metropolitan “megaregions.” The course also develops skills of particular relevance to local governmental and political decision making: statutory interpretation, analyzing the dynamics and context of local government proceedings, and tracing the connection between applicable legal doctrine and current public policy issues.
Taught By: Strand

 
Marriage and Divorce

LAW 357 - 4 hrs
This course examines the issues of marriage and divorce as they have developed in history and as they appear in current practice. Areas that are covered include the constitutionality of statutory and public policy restrictions on marrying, procedures for marrying, common law marriage, traditional fault grounds for divorce and defenses to those grounds, divorce law reform, annulments, marital separations, jurisdictional and evidentiary problems, child custody, parents rights to contact with their children, property divisions, spousal support, and child support.
Taught By: Brooks

 
Mediation Process

LAW 404 - 3 hrs
This course provides the student with the opportunity to explore the theory, law, and practice of mediation. The course will include the discussion of several mediation models, their underlying theoretical premises, principles and skills, as well as current research involving mediation to provide you with different approaches to mediation. The course also includes a mandatory basic mediation training workshop which is embedded in the class and continues during a one or two weekend period. The training will focus on the mediation process and the role of the mediator.

Learning Objectives:

•    Students will learn how to apply mediation theory to practice.
•    The student will mediate in role play situations, using appropriate skills, methods, and approaches.
•    Students will become familiar with the different mediation styles and their underlying theoretical premises,
•    The student will relate theories on social construction to the transformative aspects of mediation, such as the role of apology and trust in mediation.
•    The student will learn how to engage in reflective practice
•    Students will learn how to address cultural diversity issues during the mediation process
•    Students will learn how to assist parties to engage in creative problem solving and improve their reflective listening skills.

Taught By: Font-Guzmán

 
Mergers and Acquisitions

LAW 380 - 3 hrs
This course examines all aspects of mergers and acquisitions while focusing on the statutory mechanisms to implement such transactions. Emphasis will be placed on the role of the attorney as a facilitator and an agent to add value to corporate combination transactions. A substantial part of this seminar will include drafting exercises, negotiation exercises and statutory compliance for mergers and restructuring agreements. We will also examine the duties of the board and counsel, tax-deferred structuring, and warranties, covenants and indemnification provisions. Final evaluations will be based on the simulation exercises and a substantial written project.
P: Business Associations
Areas of Concentration: Business Law
Taught by: Weber

 
Milton R. Abrahams Legal Clinic

LAW 388 - 4 hrs
The Clinic provides third-year students the opportunity to learn the lawyering process not provided in most law school courses. The following are some of the more important skills that will be taught: interviewing; counseling; fact development; negotiation; legal document preparation; courtroom tactics; advocacy tactics; office, file, and time management tactics. Clinic students will be assigned a variety of non-fee-generating civil matters that vary in complexity. To the extent possible, cases that can be completed in the semester will be accepted. As some cases become more complex, individual students will be assigned to work on certain aspects of the case. Student case work will be reviewed in individual case meetings with the supervisor on a weekly basis. Students will be required to work 232 hours during the semester and attend the weekly class session. Clinic grades are on a pass, pass 60, fail basis. Enrollment is limited to eight third-year law students who have completed all required courses. This course is two classroom credit hours and two non-classroom credit hours. Because of possible conflicts of interest, students in the Clinic may not be engaged in outside legal employment.
P: Completion of at least four full-time semesters of law school (or the equivalent hours) and all required courses
Areas of Concentration: Litigation
Taught By: Mahern

 
Mortgages

LAW 385 - 3 hrs
This course covers the theory and development of the common law mortgage; problems in the creation and transfer of mortgages; remedies upon default; and priority questions. It considers the deed of trust and installment land contract as security devices and the peculiar features of these devices. Attention is also given to fixture problems under Uniform Commercial Code mechanics liens and principles of “suretyship.”
Areas of Concentration: Business Law

 
National Security & Foreign Relations Law

LAW 409 - 3 hrs
This course considers the constitutional separation of foreign relations and war powers between the executive and legislative branches, domestic legal structures for national security as well as international legal structures for collective security, and new legal responses to enhance homeland security after 9/11. Fairly heavy emphasis is placed on policy development in addition to legal strictures. Special focus is reserved for Americas conduct of the War on Terror and the conflicts with Iraq and North Korea. Class time is dedicated to in-depth exploration of area studies (Middle East, Latin America, Russia) and security flashpoints (Kashmir, Taiwan, Palestine). Students should note that each of these courses may be offered only every other year, so a student who wants to take on of the courses should take it at the first offering.
Areas of Concentration: International & Comparative Law
Taught By: Kelly

 
Native American Law

LAW 403 - 3 hrs
The subject matter of this class centers on discovering the range, depth and complexity of law and policy both emanating from and directly affecting American Indian tribes. Treaties concluded between tribes and the U.S. government during Americas westward expansion and the attendant assumption of fiduciary responsibility by Congress form the basis on which subsequent laws and policies are examined. Issues to be studied include tribal court structure, federalism questions, gaming and hunting rights and exemptions, and the implementation of major statutes under U.S. Code Title 25 such as the Indian Child Welfare Act and the 1990 Native American Graves & Repatriation Act.
Taught By: Kelly, Runge

 
Negotiable Instruments

LAW 411 - 3 hrs
This course considers the law dealing with commercial paper, specifically checks and other drafts, notes, and instruments affected by Articles 3 and 4 of the Uniform Commercial Code. The concepts of negotiability and holder in due course are studied, as are the nature of liability and banks and their customers. Emphasis is placed upon problem solving under the code rather than the common law of negotiable instruments.
Areas of Concentration: Business Law
Taught By: Karnes, Weber

 
Negotiation

LAW 410 - 3 hrs
This course introduces the skills of negotiating and offers hands-on experiences in the three common steps of that process (preparation, negotiation, and drafting). Students will discover, control, and use personal strengths and weaknesses in confronting and compromising adversary interests. A significant amount of time will be spent on negotiating projects. Readings cover legal, psychological, theoretical, and practical aspects of negotiating. A student who has taken/is taking Legal Interviewing, Negotiation, and Counseling may not enroll in this course.
Areas of Concentration: Litigation
Taught By: Freeman, Melilli, Teply

 
Nonprofit Organizations

LAW 417 - 3 hrs
This course examines the formation, organization and operation of tax-exempt entities including charitable organizations and private foundations. The course will analyze a myriad of topics including, but not limited to, the following: distinctions between non-profit and tax exempt status; income taxation of exempt organizations; private vs. state related classifications and the scope of judicial review; structuring relationships with nonprofit affiliates and for profit business organizations; liability and responsibility of agents, officers and directors; and considerations in acquisitions, mergers and liquidations of exempt organizations.
Taught By: Mirkay

 
Oil and Gas Law

LAW 407 - 2 hrs
This course looks at the nature of interests in oil and gas; the oil and gas lease; state regulation of production; gas purchase contracts; federal price controls; the Natural Gas Act; and the Natural Gas Policy Act of 1978.

 
Patent Law

LAW 413 - 3 hrs
This course examines the legal protection available through patents. Emphasis is placed on the acquisition, maintenance, exploitation, limits and enforcement of patent rights.
Areas of Concentration: Business Law
Taught By: Suiter

 
Pretrial Litigation

LAW 454 - 3 hrs
This lecture section of the course covers all facets of the pretrial process, including fact investigation, pleadings, depositions, interrogatories, motion practice, and settlement.
P: Civil Procedure and Evidence
Areas of Concentration: Litigation

Taught By: Birmingham

 
Professional Responsibility

LAW 203 - 3 hrs
This course considers the nature of the legal profession and attorneys’ obligations to their clients, the courts, their colleagues, and society. The course approaches these issues by familiarizing students with the Model Rules of Professional Conduct and introducing students to ethical questions that may arise in practice that are not specifically determined by the Model Rules. The course focuses on the nature and duties of the attorney-client relationship, rules governing conflicts of interest, standards for behavior in specific contexts, special roles of attorneys, and regulation of attorney conduct through formal and informal mechanisms.
Taught By: Dallon, O’MearaSieberson, Strand

Property I & II

LAW 125 & 126 - 2.5 / 2.5 hrs
This course develops the basic concepts of the law of personal and real property with heavy emphasis upon the latter. Cases cover the problems of possession; bailments and gifts; estates in land; and particular problems associated with the landlord-tenant relationship. Students also study forms of concurrent ownership; the law of vendor and purchaser; the recording system and methods of title assurance; private land use restrictions; and the condominium.
Taught By: Volkmer, Pearson

 
Prosecution of Criminal Cases

LAW 418 - 2 hrs
This course is taught from a prosecutorial standpoint from the beginning of a case to the end. The student will review police reports and will file charges that will make up the course work for the rest of the semester. From the filing, the student will do a bond review and preliminary hearing. Students will also have to examine their case for suppression issues and will perform a suppression hearing. There will be instruction on how to pick jurors that would be favorable to the prosecution. The student will create and perform an opening statement for the prosecution. Police officers and crime scene technicians will come to class and the student will “prep” the witness for trial and perform direct examinations of these witnesses. Students will also cross-examine the “defendant”. Finally, the student will construct and perform closing arguments. Prerequisites can be taken concurrently with Prosecution of Criminal Cases, but priority will be given to students who have completed the prerequisites. A student who has taken/is taking Defense of Criminal Cases may not enroll in this course.
P: Constitutional Law I and II, Criminal Law, Criminal Procedure, and Evidence.
Areas of Concentration: Criminal Law & Procedure Litigation
Taught By: Kleine

 
Remedies

LAW 427 - 3 hrs
This course analyzes and compares legal, equitable, statutory, and extrajudicial remedies. Coverage includes remedies for breach of contract; injuries to tangible property and intangible business interests; remedies in transactions induced by fraud, deceit, duress, undue influence, or mistake; damages for personal injury or death; and injury to dignitary and relational interests. General principles of equity, damages, and restitution are also examined.

 
Sales and Leases of Personal Property

LAW 430 - 2 hrs
This course will cover the sale and lease of goods, as covered by Articles 2 and 2A of the Uniform Commercial Code. It will supplement coverage of Contracts, and will pay particular attention to the risk of loss, warranties, acceptance, rejection, excuse, and remedies.
P: Contracts
Areas of Concentration: Business Law

Taught by: White

 
Scientific Evidence

LAW 431 - 3 hrs
This course will deal with a broad spectrum of expert opinion testimony. It will cover the concept of expert testimony in general, standards for admissibility, discovery, and the practical aspects of using and challenging experts. It will consider the varied types of expert evidence such as tests for alcoholic intoxication, speed detection devices, methodology for questioning the authenticity of documents, firearms identification, arson and explosives investigation, fingerprint identification, the examination of trace evidence, pathology, serology and toxicology of body fluids, identification and analysis of illegal drugs, identification by DNA analysis, forensic odontology, forensic anthropology, behavioral science evidence, and lie detection. In each area the class will discuss foundation for admission, methods of challenging admissibility, techniques for effective cross-examination, and methods of presentation of complex evidence through photographs, charts, videos, and other demonstrative resources. The course is a trial practice oriented course and will be taught with that perspective in mind.
P: Evidence
Areas of Concentration: Criminal Law & Procedure Litigation

Taught By: Mangrum

 
Secured Transactions in Personal Property

LAW 429 - 3 hrs
This basic commercial law course covers the rights and duties of debtors and creditors in transactions using personal property as collateral for a loan, as well as the impact on third parties. The primary sources of law are Article 9 of the Uniform Commercial Code and the Bankruptcy Reform Act of 1978. The course emphasizes statutory analysis.
P: Contracts.
Taught By: Culhane, Anderson

 
Securities Regulation

LAW 436 - 3 hrs
The Securities Act of 1933 and the Securities Exchange Act of 1934 are considered in depth. Registration requirements pursuant to the 1933 Act and exemptions from federal registration are considered in detail as are the liability provisions of the 1933 Act. Registration and reporting requirements of the 1934 Act are also covered together with the anti-fraud provisions of the 1934 Act and other substantive features such as insider trading, proxy regulation, tender offers, and implied rights of action. Students in this course may not also enroll in Securities Practice Seminar.
P: Business Associations.
Areas of Concentration: Business Law
Taught By: Menicucci

 
Selected Moot Court Competitions

LAW 485 - 2 hrs
Areas of Concentration: Criminal Law & Procedure Litigation International & Comparative Law   

 
Selected Research Topics

LAW 435 - 1/2/3 hrs
This independent study course available to third-year students and second semester second-year students provides them an opportunity to improve their writing skills on a faculty supervised basis. It is designed to allow students to do work in an area in which no formal instruction is available or to go into further depth in conjunction with a regularly offered course. Topics and unit credits must be approved in advance by the supervising faculty member. No more than a total of three hours earned in not more than two different research projects in this course may be applied toward the hours needed for graduation. The hours are non-classroom credit hours.

 
Social Legislation

LAW 428 - 2 hrs
Social Legislation is a course which examines several different statutory schemes which generally benefit or protect workers. The course covers various aspects of Federal and State Law not covered in other courses. In particular, the course will include: The Fair Labor Standards Age-Wage-Hour (or FLSA); Occupational Safety and Health Act (OSHA); Unemployment Benefits, Workers’ Compensation and the Employee Retirement Income Security Act (ERISA). The court methodology will utilize primarily the casebook. Supplementing the casebook, we will look at other cases. A great deal of information is developed during class which is helpful come exam time. Consistent with law school policy, attendance is expected. Students missing more than 20% of scheduled classes must be able to demonstrate extraordinary personal circumstances. There will be a written examination at the end of the course.
Taught By: O’Connor Jr.

 
Sports and Entertainment Law

LAW 425 - 3 hrs
This course covers a wide range of legal issues affecting both amateur and professional sports including the representation of professional athletes, the applicability of antitrust laws to professional and amateur associations (e.g., the NFL or the NCAA), intellectual property issues, contract concerns, labor/union organizations, and various other employment law implications. Other potential areas of coverage include the Division I NCAA governance structure, Title IX, the relationship between the NCAA and international competition conducted under the auspices of the USOC and national sports governing boards, the International Olympics Committee, the ethical and professional aspects of player representation, and negotiations for media sports coverage.
Taught by: Weber, Freeman


Street Law

LAW 401 - 1 hrs
Street Law is an initiative in which law students go out to local schools, usually high schools, and teach those younger students law basics—practical, participatory education about law, democracy, and human rights. A unique blend of content and methodology, Street Law uses techniques that promote cooperative learning, critical thinking, and the ability to participate in a democratic society. The Creighton model will focus on community-based topics of timely and particular interest to the student communities.

In addition to the in-class teaching commitment, which is once a week for 8 weeks, students will be responsible for lesson planning—adapting the Street Law curriculum to their particular classroom. Students will also participate in a 4-hour orientation/training during the first 2 weeks of the semester and attend four 2-hour seminar discussions over the course of the semester. Students will prepare a portfolio and short reflection paper of their work over the semester. Enrollment will be limited to 12 students, and students seeking to enroll will be required to submit a short (no more than one page double-spaced) statement explaining their reasons. The credit hour earned in Street Law is a non-classroom credit hour. (See Academic Rule  6.8(a).)
Taught By: Strand

 
State and Local Taxation

LAW 443 - 2 hrs
This course is a survey of taxation by state and local governments. Topics include constitutional and statutory limitations on the taxing power; the administration of income, property, and sales and use tax systems; and particular problems relating to the state taxation of multi-state business activities. There are no prerequisites.
Taught by: Mirkay


Supreme Court Seminar, with Justice Thomas

LAW 438 - 1 hrs
The seminar is a one-credit-hour, two-week course, taught by Supreme Court Justice Clarence Thomas and Professor G. Michael Fenner. During the first week of the seminar, the seminar covers the Supreme Court as an institution and reviews modern constitutional theory and doctrine. Week one will be with Professor Fenner. During the second week, the seminar revisits historic Supreme Court decisions to better understand the origins and the continued relevance of fundamental principles of constitutional law. Some of the major themes will include: reconciling judicial review and democracy; methods of constitutional interpretation; federalism; congressional power to regulate the national economy; separation of powers; the powers of the presidency; the public-private distinction in state action; incorporation of the bill of rights; the fourteenth amendment; and race and the Constitution. Week two will be with Professor Fenner and Justice Thomas.
P: Students must have completed all first-year required courses.
Taught By: Fenner

 
Taxation of Business Enterprises

LAW 442 - 4 hrs
This course surveys the tax consequences of the formation, operation, and liquidation of common forms of business enterprises, including partnerships, corporations, and limited liability companies. The integrated subject matter is intended to provide a framework for identifying and understanding tax issues and their effects on choice of entity, investment, and operational decisions for modern businesses and their owners, as well as for occasional forays into related tax policy matters. This course is designed to benefit students interested in a general law practice and those interested in business matters, as well as those seeking to develop further expertise in tax law.
P: Federal Income Taxation; prior or concurrent enrollment in Business Associations or other equivalent knowledge or experience is recommended.
Areas of Concentration: Business Law
Taught By: Morse

 
Torts I & II

LAW 131 & 132  4 / 4 hrs
The subject of this course is civil liability for intentional, reckless, or faultless conduct which causes harm to an interest of personality or property. Product liability and various business torts are also discussed.
Taught By: Melilli, Dallon

 
Trademarks and Unfair Competition

LAW 440 - 2 or 3 hrs
This course examines the law as it concerns trademarks, trade dress, dilution, misappropriation, false advertising, and the right of publicity. Most of the course will focus on trademark law including the requirements for valid trademarks, protections afforded trademark owners, federal trademark registration under the Lanham Act, elements and proof of trademark infringement, and defenses to trademark infringement. The course will also discuss the Federal Trademark Dilution Act, state dilution laws, and protections for internet domain names under the Anti-cybersquatting Consumer Protection Act. The course will explore the interests of public protection from consumer confusion and deception, the right to freely compete, and protection of ownership rights in trademarks and trade identity.
Areas of Concentration: Business Law
Taught By: Dallon

 
Trial Practice

LAW 455 - 3 hrs
This course deals with the preparation of civil litigation in courts of general jurisdiction from the pleadings stage through jury verdict, including practice in voir dire, opening statements direct and cross examination of witnesses (both lay and expert), and summations.
P: Civil Procedure and Evidence.
Areas of Concentration: Criminal Law & Procedure Litigation

Taught By: Beadle, Jennings, Kleine, Miralles

 
Trial Team

LAW 446 - 3 hrs
Areas of Concentration: Litigation
Taught By: Melilli

 
Trusts and Estates I

LAW 457 - 3 or 4 hrs
This course focuses upon the testamentary transfers of wealth, viewed from a property perspective. The laws of intestacy, wills, and trusts form the conceptual core of the course. In addition, the course coverage includes the following associated topics: protection of family members against disinheritance; will substitutes; interpretation of wills; and planning for incapacity. Relevant statutes are examined, with special emphasis being placed on applicable provisions of the Uniform Probate Code.
P: Property
Taught By: Mirkay, Volkmer, Strand

 
Trusts and Estates II

LAW 367 - 2 hrs
A continuation of Trusts and Estates I, this course focuses upon the following topical areas: trust administration (duties, power and liabilities of trustees); future interests (with special emphasis on recurring constructional issues): powers of appointment; the direct restraints doctrine; and the Rule Against Perpetuities (common law and modern day statutory reformulations).
P: Property and Trusts and Estates I
Taught By: Volkmer

 
White Collar Crime

LAW 459 - 3 hrs
This course focuses on the criminal law as a mechanism for controlling business misconduct. White collar prosecutions combine principals of corporate law, criminal law, and criminal procedure into a theoretical and policy framework for considering institutional and individual responsibility for criminal misconduct in the corporate setting. Within that framework, this course will consider how criminal law problems arise in the corporate setting, examine the major federal statutes invoked in white collar prosecutions, discuss traditional and non-traditional theories of criminal liability, and consider the lawyers role as counselor to the white collar defendant.
P: Business Associations, Criminal Law
Areas of Concentration: Criminal Law & Procedure
Taught By: Mack

 
Witness Examination Skills

LAW 441 - 3 hrs
By means of simulated exercises in the examination of witnesses, the course covers techniques for the direct and cross-examination of witnesses, introduction and use of exhibits, dealing with failed recollection, impeachment, and the making of and responding to objections during witness examinations.
P: Evidence. Students may take Evidence concurrently with Witness Examination Skills.
Areas of Concentration: Criminal Law & Procedure Litigation
Taught By: Melilli