General Course Descriptions for Terms: labor


731 - Constitutional Law I

This class is an introduction to the basic constitutional structure of government in the United States. We will study this through a historical-legal analysis of how various actors have understood and interpreted constitutional questions about the allocation of power and authority in the United States. Important to our study will be an appreciation of the roles of different American institutions, as well as the different interpretive approaches that individuals have taken in reading the Constitution, and how these have all changed (or not changed) over time. By the end of this course, students should: - Understand the basic structure of government set up by the Constitution, especially the separation of federal powers and the relationship of federal and state power in our system of federalism - Understand basic concepts involved in elaborating the details of the constitutional allocation of power, including the role of the federal courts and judicial review, the difference between law and policy, the doctrine of enumerated powers, and the nature of executive power - Understand the scope of some specific enumerated powers (taxing and spending, and commerce clause) as well as how this has changed over time, and why - Understand some of the prominent methodologies of constitutional interpretation, especially originalism, textualism and the living constitution, and why they would impact the results in individual cases. - Understand the interaction of constitutional law with historical events, government policy and public opinion. - Appreciate how and why our understanding of the Constitution seems to change over time.



743 - Negotiations/Mediation

This course examines both negotiation and mediation as they are used to put deals together, resolve disputes and settle legal claims. Students will resolve mock disputes and settle mock legal claims in class. Students learn about competitive bargaining and collaborative problem- solving and acquire insight into the management of the tension between these approaches. Through simulated exercises, students develop skills and confidence as negotiators, including awareness of the psychological aspects of dispute resolution and barriers to consensus. The course involves substantial interpersonal engagement. The first half of the course will focus on development of each student’s individual negotiation skills. The second half of the course will delve into the mediation process and techniques from the perspective of both mediators and lawyers who represent clients in mediation. Several practicing lawyers will share their personal experiences in both negotiation and mediation settings. This is a 2 credit, mandatory pass/fail, limited enrollment course. Evaluation of students will be based on class participation, completion of assignments, regular class attendance, and participation in negotiation and mediation simulations (in class and mid-term which is video-taped outside of class).



745 - Labor & Employment Law

The title of this course is “Labor Relations” but, more accurately, should be called “Introduction to Labor & Employment Law.” “Labor law” typically refers to “traditional” labor law, i.e., legal issues involving unions and/or arising under the National Labor Relations Act, and public sector labor laws. “Employment law” is everything else: individual employment rights; discrimination law; family medical leave, health and safety, plant closing notice laws, and wage and hour law. This course is intended to be a sampler platter, of sorts. The goal is to get a taste of each of the more interesting areas that comprise Labor & Employment law. LEARNING OUTCOMES: Upon successful completion of the course you should be able to: • Explain and apply the major common-law doctrines regulating employment, including the at-will default rule and the various exceptions to that rule; • Explain and apply the major provisions of the federal labor and employment statutes covered in this course, including the National Labor Relations Act, Title VII of the Civil Rights Act, and the Fair Labor Standards Act; • Advise future clients on the law of the workplace, including the rights and protections afforded to employees, and the measures employers should take to ensure they are in compliance with their legal obligations; and • Identify the competing policy concerns that drive the development of labor and employment law and use policy arguments to critique existing law and to articulate novel legal claims.



854 - Clinical Program: Family Court Clinic (FCC)

FCC'S Educational Mission FCC's educational mission is to expose students to the range of challenges facing unrepresented family law litigants, to train students in lawyering skills including legal research and analysis, drafting, negotiation, litigation, and mediation, and to engage students in critical inquiry into the role of the law and lawyers in redressing economic injustice and inequality. FCC students work under a clinical law professor's close supervision as they gain experience client interviewing, counseling, drafting legal documents, and advocating in court. Students develop a practical understanding of Wisconsin's family court process and critically evaluate the various responses of the justice system to the needs of unrepresented litigants. What do FCC Students do? Represent clients in selected cases that are referred to FCC from outside service providers. Assist self-represented family law litigants by providing the information and forms litigants need to complete their case, and by helping litigants to understand court rules and procedures. Observe and later participate in court hearings and mediations. Develop written materials for guiding litigants through the family court process. Work collaboratively with other FCC students and with students from other EJI clinics. In addition to weekly hours spent assisting unrepresented litigants at the Dane County Courthouse and neighborhood sites and on casework for their individual clients, FCC students participate in a weekly seminar. The seminar includes materials on: The substantive topics students will encounter in their work. Skills development, including interviewing, negotiating, counseling, litigating, and writing. Issues pertinent to substantive topics, such as ADR, use of interpreters in the courts, the role of a guardian ad litem, and abuse issues in family law disputes. Issues related to pro se representation and innovative methods for providing legal services. The weekly seminar also provides an opportunity for students to brief each other on their case work and to brainstorm new approaches to case related issues and projects. Students interested in learning more about FCC should contact Jennifer Binkley at jbinkley@wisc.edu.



904 - Originalism & Its Critics

This advanced constitutional law seminar explores the theory of constitutional interpretation known as “Originalism” – a family of theories unified around the core idea that proper constitutional interpretation must adhere to the Constitution’s original meaning. We will read and discuss various leading accounts of originalism by its proponents and its critics, including both theoretical discussions of originalism and its application to particular interpretive problems and constitutional debates. The seminar is intended to be a joint, collaborative inquiry with the professor acting as a guide through the course material and issues, in contrast to a traditional lecture course in which the professor has fully digested and synthesized the subject matter. This means that seminar participants should plan to take an active role in all discussions and to lead one hour of class discussion during the semester. In addition to individual papers (described below), seminar members will contribute to a collaborative wiki and analytical bibliography, in which we compile the various arguments, objections, and replies to the various tenets and elements of the various versions of originalism, cataloguing and organizing the articles we read. Students will be expected to do some independent reading in addition to assigned readings. Enrollment limited to 15 students. Students must have completed, or be contemporaneously enrolled in, Constitutional Law I or II. No pass-fail allowed Course Requirements: You will have the option to elect a “research paper track” or a “short paper track”: “Research paper track” option: (Required for students wanting to meet upper level LRW requirement) 1: Prepare for and actively participate in the discussion or activity in each class meeting; 2: Lead class discussion (presentation on reading) 1 time during the semester; 3: Write 3 article abstracts (80-word summary of a reading plus 5-10 keywords); 4: Write research paper (15 or more pp; 20 pages required for LRW requirement)(must submit draft and final versions). “Short paper track” option: 1: Prepare for and actively participate in the discussion or activity in each class meeting; 2: Lead class discussion (presentation on reading) 1 time during the semester; 3: Write 3 article abstracts (80-word summary of a reading plus 5-10 keywords); 4: Write 2 short papers (3-5 pp each).



940 - Labor Relations

"Labor Relations" is a detailed examination of the National Labor Relations Act with an emphasis on representation issues, collective bargaining, protection of individual rights, enforcement of the Act against both labor and management, enforcement of the collective bargaining agreement and regulation of economic weapons used by both management and labor. This course will briefly address the Railway Labor Act, the Labor Management Reporting and Disclosure Act, and public sector rights and bargaining obligations. The Fall term course "Labor & Employment Law" is NOT a prerequisite.



955 - Public Sector Labor Law



988 - SP Environmental Law: Food Systems Law

Trade tariffs, fecal water pollution, and migrant workers’ rights: these are all issues that have been in the news this year. A common thread: these issues all affect, and are affected by, aspects of our food system and the laws surrounding this system. This course explores the various legal structures surrounding the governance of our food system; we will cover environmental regulation (or lack thereof), food safety laws, agricultural laws, trade laws, and labor laws.