General Course Descriptions for Terms: administrative
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.
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.
Rental housing law was primarily viewed as a type of property law involving the transfer of an interest in land. However, as recognized in the seminal Wisconsin cases Pines v. Perssion and Pagelsdorf v. Safeco Ins. Co. of America, rental housing law is now more of a regulated, contractual relationship involving numerous and often conflicting private, and public interests. As rental housing law evolved over the past 60 years, courts built upon common property, contract, and negligence principles, to create complex standards such as the implied warranty of habitability, and many strict administrative regulations were developed. In addition to covering this historical evolution, this course will discuss the issues that contribute to a lack of affordable and safe rental housing and the existence of discrimination in rental housing. The class will cover how Wisconsin regulated, and more recently deregulated rental housing practices. Finally, the course will discuss policies and practical efforts to address the eviction crisis including eviction moratoria during the pandemic and various efforts to establish a right to counsel for renters in eviction cases. This is a 1-credit, mandatory pass/fail, limited enrollment course. Evaluation of students will be based on class participation, regular class attendance, and a final paper that may meet the upper-level writing requirement.