General Course Descriptions for Terms: administrative
This course is an introduction to the federal administrative state. We will study both the powers that agencies possess and the constitutional, statutory, and other limitations on those powers. We will explore the relationship of agencies to Congress, the courts, the President, and the public; the procedures through which agencies operate; and the availability and scope of judicial review of agency action. Along the way, we will consider the rationales for delegating power to agencies, the implications of the ways agencies are structured, and the values that do or should guide agency conduct. The course thus has theoretical components, but it is also extremely practical, and I will emphasize both theory and practice during the course. The work of federal agencies affects nearly every area of modern life, from environmental protection to financial markets to national security—not to mention public health, medicine,voting, and mail.This course will prepare you to engage with that law, whether as a public servant, a lawyer representing a client, or a citizen interacting with your government. Understanding how regulation works will serve you well in your legal careers (and your lives), whatever you choose to do with your degree.
This course studies the use of trusts from the perspective of both the drafting attorney and the trustee who administers the trust. First, it uses hypotheticals based on common estate planning situations such as tax planning, providing for children, and planning for beneficiaries who may be incompetent or otherwise disabled to explore issues and problems that frequently arise in an estate plan, and to find drafting solutions for them. Second, it looks at practical problems in the implementation of estate plans issues that arise in disposition of property, interpretation of trust language, management of trust assets, selection of a trustee, powers of the trustee, and determining who the lawyer represents (entity, fiduciary, or beneficiaries) and identifies drafting and administrative solutions. Limit: 18 students; T&E I required. Learning Outcomes – By the end of this course, students should: 1. Demonstrate proficiency in drafting basic testamentary and revocable trusts for individuals, children and families. 2. Understand the purposes, advantages and disadvantages of basic trusts in estate planning. 3. Possess a general understanding of how income, estate and gift tax impact trust drafting. 4. Understand how trusts interact with other estate planning documents (wills, powers of attorney, marital property agreements and beneficiary forms). 5. Understand the duties and powers of a trustee. 6. Analyze how ambiguities in trust language create issues for trustees and beneficiaries in interpreting and administering a trust. 7. Identify when and how to modify or terminate a trust by drafting nonjudicial settlement agreements and court petitions.
Overview of major environmental statutes, regulations and cases, and their implementation by regulatory agencies, as well as currently applicable common-law doctrine. Survey of environmental impact analysis, water and ground water, solid and hazardous waste, hazardous substance management and remediation, clean air act, common law remedies, enforcement and administrative process. Learning Outcomes: This course is designed to: 1. Provide you with a basic knowledge of the structure of federal (and Wisconsin) environmental law. Specifically, this course focuses on the major pollution statutes governing clean water, clean air, wastes, and overall environmental review. 2. Help you achieve a general understanding of how to actually apply environmental law, from a nonprofit group standpoint, a corporate standpoint, and a government standpoint. This involves thinking not only from the standpoint of different actors, but also different practice contexts, including litigation, administrative practice, enforcement, and compliance counseling. 3. Help you cultivate ways to communicate environmental law to non-lawyers. Because hey, these will often be your clients (whether you work in the nonprofit sector, private sector, or even for the government.) Whether you can actually communicate with them or not can be a make-or-break thing in regards to whether they want to continue to work with you. No pressure! 4. Give you an overview of the sorts of changes that are happening in this administration, and the tools to adapt to upcoming administrative efforts. Because law school can only do so much in terms of giving you the “current law,” which is always changing.
Course Learning Outcomes 1a. By the end of the course, students will identify and apply substantive and procedural family law to their cases, including common law, state statutes and state administrative regulations. 2a.By the end of the course, students will be able to gather, examine, and analyze facts, distinguish the legal and non-legal issues, and explain the relationship between the facts and issues identified either verbally or in a written memo. 2b. By the end of the course students will articulate various legal and strategic options facing a client, how opposing parties will respond to actions taken by the client, and explain those options and the expected result to the client. 2c. Students will be able to develop and refine their own personal definition of what it means to be a legal professional, incorporating the rules of professional conduct and their personal values. 4a. Students will be able to competently and ethically interview and counsel clients. 4b. Students will be able to competently and ethically represent clients in court and/or in administrative proceedings as appropriate in client matters.
This course will be an exercise in ‘constitutionalism’. The course will address not only court opinions interpreting the State constitution, but will spend significant time with the document itself. We will cover the history of the document from its initial drafting through amendment exercises, including currently proposed amendments. The class will actually read the State Constitution and discuss its historical context, overall logic, and meaning: i.e., is this document one of restricted, expressly enumerated powers; or is it a wholesale grant of plenary authority (or power) to the government institutions it establishes? We will do a textual analysis particularly focusing on the relationships between and among various Articles, sections, and provisions. While we all have learned the importance of the basic ‘separation of powers’ between legislative, executive, and judicial functions, this course will teach that, as important as it is to separate powers in government, perhaps it is equally if not even more important to separate powers from government. As a result we will study the relationship(s) between the constitution and the ‘liberty sphere’ where the citizenry, property, and societal institutions reside (i.e., corporations, unions, families, marriages, religions, churches, political parties, etc.) The course will focus on certain constitutional provisions and developments unique or peculiar to our State’s constitution, including legislative committees playing a participant role in the executive or administrative process even after enactment of a law; legislators having standing to file suit; the idea of the ‘constitutional office’; the ever-looming ‘partial-veto’; the lengthy provisions on non-governmental social issues du jour – i.e., gaming, the Public Trust Doctrine, anti-gay marriage, as well as other hot-button issues today: redistricting, selection of judges, open meetings, resurrecting a meaningful State Bill of Rights, and the constitutional amendment process. Additional readings may include a book by Professor Dinan on State constitutions generally as well as several law review articles on the Wisconsin Constitution. The course, however, will not be all constitutional theory. We will study how law is made is Wisconsin. We will study the structure and processes of the Wisconsin court system. We will look at administrative processes in general including, for example, our contested rule-making requirements. Several guest speakers will be invited to present on their respective areas of government practice or expertise. The course will be offered for 2 or 3 credit option. Both the 2 and 3-credit requirements will include one two hour class session per week and a two-hour final exam. The 3-credit requirement will add a paper from 5 to 7 (10-15 double-spaced) page paper.
Should the court grant a habeas corpus motion on behalf of chimpanzees in a zoo? Should the federal government or a sports organization ban the use of gene editing to enhance our muscles? If a divorcing couple disagree about what to do with frozen embryos left over from a failed attempt at pregnancy, how should a court rule on the dispute? Bioethics & the Law addresses some of the most controversial and through-provoking controversies today, including the definition of morally significant and legally protected human life; the limits of government regulation of human reproduction; the use of human beings in medical experimentation; the role of contract and personal choice in the development of legal kinship ties; rationing of life-saving organ transplants; the genetics of race; and the medical, legal and philosophical definition of death. This year the course is structured as follows: On Tuesdays there will be a lecture on the topic of the week, given by Professor Charo, Professor Kelleher (from the Dept of Medical History and Bioethics) or a guest specialist, and students from an undergraduate philosophy/medical ethics course will be joining us. On Thursdays, the law students meet alone with Professor Charo for discussion of the readings and class debate. Readings for the law students will be a combination of shorter pieces from philosophy, medicine and science fiction, along with classic common law and constitutional law cases. Legal concepts touched on include kinship, personhood, liberty, equity and autonomy. Prior knowledge of constitutional law and administrative law helpful but not required. Students will be required to write a 25-30-page paper on one of several topics announced by the instructor. There is no final exam. Learning objectives: By the end of the course, students will be familiar with seminal cases and controversies that have the defined the norms of modern medical ethics; will appreciate the inconsistencies in Supreme Court jurisprudence regarding procreative liberty; will be able to describe and critique the use of terms such as “liberty,” “autonomy,” “life,” “death” and “parent” as used in statutes and decisions; and will be knowledgeable about the most current debates concerning the role of the state and federal governments in setting limits on personal choice over procreation, medical enhancement, and the timing of one’s death.