Students

Assignments and Cancellations

Assignments and Cancellations

Course Professor Posted
Education Law Seminar Tindol August 18, 2014
Please read “Segregation Now,” an article by Nikole Hannah-Jones in the April 16, 2014, edition of The Atlantic magazine. Here is a free link: http://www.theatlantic.com/features/archive/2014/04/segregation-now/359813/
Trial Ad I Spruell August 18, 2014
Trial Ad I Class with Alyce Spruell is cancelled tonight, Monday, August 18th. If you have not received an email from Professor Spruell with the assignment for next week, please email her at, aspruell76@gmail.com
Litigating International Claims Carodine August 15, 2014
Welcome back. Our text is Zekoll, Collins, and Rutherglen Transnational Civil Litigation (2013). For our first day of class, there is no reading assignment. On the first day, we will watch and discuss portions of Crude, a documentary about a complex transnational case against Chevron. Though we do not have a reading assignment, if you would like to read background information on the documentary, it is available in the following link: http://www.crudethemovie.com/ .
I look forward to seeing you soon.
Professor Carodine
Labor Arbitration Williams August 13, 2014
8/18 Part I. LABOR ARBITRATION
Chapter I History and Background pp. 3-17
Chapter II Introduction to Grievance Resolution pp. 19-39
Health Care Law Horton August 12, 2014
THE UNIVERSITY OF ALABAMA SCHOOL OF LAW
HEALTH CARE LAW (Law 696) – Fall 2014
Mon 5:30 – 7:20 Room A255
INSTRUCTOR: William W. Horton
Adjunct Professor of Law
205-244-5221 (office direct line - Birmingham)
whorton@joneswalker.com
FIRST ASSIGNMENT: FOR AUGUST, 18, 2014 CLASS
NOTE: The full syllabus is available on the TWEN website below.
TEXTS: Furrow, Greaney, et al., The Law of Health Care Organization and Finance (West
7th ed. 2013) (“Furrow”, in the syllabus below)
Supplemental materials available on TWEN course website (“TWEN”, in the
syllabus, and subject to additions, subtractions and general updating on the TWEN
course website).
TWEN Website: http://lawschool.westlaw.com/manage/homepage.aspx?courseid=179164
Please register for the TWEN website as soon as possible. Course materials, including materials
for the first class, will be on the site.
Date Assignment
August 18 Basic Themes: Cost, Quality, Access and Choice
· Introduction and Basic Structure: Furrow 1 – 6, 8 – 14
· What Is Illness?: Furrow 15 – 27
· Introduction to Quality: Furrow 27 – 38
· Offutt, For Value Received (TWEN)
Tax Policy Seminar Puckett August 12, 2014
Please register for the course website on TWEN. First assignments have been posted.
Personal Income Tax Puckett August 12, 2014
Please register for the course website on TWEN. First assignments have been posted.
Decedents Estates Vars August 11, 2014
There is no reading assignment for the first day of class, Thursday, August, 14.
International Human Rights Joyner August 11, 2014
International Human Rights Law
Hannum, Anaya & Shelton: Chapter 1
International Trade & Investment Law Joyner August 11, 2014
International Trade and Investment Law
Guzman & Pauwelyn: Chapter 1
Public International Law Joyner August 11, 2014
Public International Law
Dunoff, Ratner & Wippman: Pages 1-33

Torts Lyons August 11, 2014
For our first class on Thursday August 14, please read pp. 1-17 in the assigned text, Franklin, Rabin, and Green, Tort Law and Alternatives (9th ed. 2011). As you read, please pay careful attention to the notes, especially to questions posed by the editors in the notes. As you consider those questions, you may find that it is helpful to reread relevant portions of the materials.
Civil Procedure Elliott August 11, 2014
For Professor Elliott’s Civil Procedure class on Thursday at 2 p.m., please read pages 1-27 of the Rowe, Sherry and Tidmarsh casebook CIVIL PROCEDURE.
For the Friday class, please read the following from the Rowe book: pages 409-10 (up until Part 9.A), page 416 (only the middle paragraph), and page 421-426 (notes 5-6, International Shoe, and notes 1-3). You should also read Article III and the 5th and 14th Amendments of the United States Constitution.
Criminal Law Colquitt August 11, 2014
Casebook (T): KADISH, SCHULHOFER, STEIKER & BARKOW, CRIMINAL LAW AND ITS PROCESSES (9th ed. 2012).


CRIMINAL LAW and the CRIMINAL JUSTICE SYSTEM

INTRODUCTION
BACKGROUND READING: Although we may not focus on the materials in class, you should read T 1-19 (to § 2) for a brief overview of the criminal justice system.

ASSIGNMENT 1 – Introduction to Criminal Law: In general / Proof beyond a reasonable doubt

T 31(sec. 3)–36 (to sec. a); T 47(sec 4)–55 (to Note 7)
In re Winship (T 31-33)
Duncan v. Louisiana (T 47-50)
MODEL PENAL CODE sec. sec. 1.05(1) [TA 1198]; 1.12 [TA 1200]
ALA. CODE SEC. 13A-1-4

PUNISHMENT

BACKGROUND READING: Although we may not focus on the materials in class, you should read T 75-82 (to sec. B) for a brief introduction to criminal punishment.

ASSIGNMENT 2 – The Justification of Punishment

T 82(sec. B)–100 (to sec. 3); T 101-102 (to Problem: VIS)
Regina v. Dudley & Stephens – T 83-87
PROBLEM – Unexpected Harm – T 101-102

ASSIGNMENT 3 – What to Punish

T 142(sec. E)–148
PROBLEM – Indirect Harm – T 144-146
Lawrence v. Texas – TWEN
MODEL PENAL CODE sec. 213.2 [TA 1238]
ALA. CODE sec. sec. 13A-6-65(a)(3); 13A-11-9(a)(3); 13A
Criminal Law Carroll August 11, 2014
Criminal Law
LAW 603001, Fall 2014
University of Alabama School of Law

Assignment One


Criminal law is the study of the principles and concepts underlying the laws that prohibit and punish behavior that society has deemed evil, dangerous, or simply undesirable. We will spend much of our time this semester analyzing the statutes that seek to regulate such behavior.

Constructing a law is no easy task. Legislators must strike a careful balance between rendering a law overly broad and overly narrow. Here is an example: Suppose a community seeks to bar the consumption of alcohol by all people under the age of twenty-one. In furtherance of this goal, the legislature writes a law that states: “It shall be illegal for a person under 21 years of age to consume alcohol.” While this simplistic construction is undoubtedly appealing on many levels, it may fail to serve the community’s goals in creating the statute in the first place. Would a law enforcement agent be able to arrest and charge an 18 year old who had an unopened six pack of beer in his possession? Would a law enforcement agent be able to arrest and charge the 22 year old who sold the aforementioned 18 year old the beer? The words of the statute suggest the answer is “no” to both queries. The statute prohibits only the consumption of alcohol. The 18 year old has not consumed any alcohol—the bottles have not even been opened. Therefore neither the 18 year old nor the 22 year old have violated the terms of the statute, though the community may well benefit from being able to arrest the 18 year old and/or the 22 year old before the alcohol itself is consumed. If the 18 year old can’t possess the beer, he won’t be able to consume it. Likewise, if the 22 year old hadn’t sold him the beer, the 18 year old won’t be able to consume it. In this sense the statute as originally written is too “narrow.” It fails to cover behaviors that would seem to fall within the spectrum of acts that the community hoped to protect itself against – i.e. the eventuality that the 18 year old would consume alcohol.

But the community may also find the statute too broad in that it fails to acknowledge times when the consumption of alcohol by those under the age of 21 may be acceptable or even encouraged. When law enforcement agents storm the St. Pious Catholic Church and arrest the nine year olds who have just completed their first Holy Communion, in the process drinking the Communion wine served during the mass, the community is outraged. The arresting officer responds: “I was just doing my job. The law says ‘[i]t shall be illegal for a person under 21 years of age to consume alcohol.’ It doesn’t make an exception for religiously inclined nine year olds.”

Your assignment, to be completed before class our first class meeting on Thursday, August 14, 2014, is to select a behavior that you believe should be prohibited and to construct a statute prohibiting that behavior. Do not worry about punishment at this stage; “simply” write a law that regulates behavior. Do worry about how broad or narrow your law is. Think about what it is you hope to ban and what exceptions you may want to carve out in your law to this ban (for example, “it shall be illegal for a person under 21 years of age to consume alcohol, except during a religious ceremony”). You do not need to do any outside reading for this assignment. If you have never read a criminal statute, that’s O.K. You may not copy or consult existing criminal statues in the construction of your own. Likewise, you may not work with anyone else in writing your law. This law should be a product of your own fertile imagination and effort. Be creative and daring in your efforts. Do not worry about what past legislators or current fellow legislators (your fellow class mates) have done or will do. Instead, come to class on August 14 with your statute in hand and ready to discuss and defend it. We as a class will discuss each other’s statutes and we will construct by a democratic method a single statute that will further the goals of our community.

There are no limitations on what you may regulate. You may attempt to prohibit any behavior you think warrants it regardless of whether it has long been prohibited or has never been addressed by any legislative body. Do keep in mind, however, that we as a class will be discussing your choice with an eye towards instituting it as law for all time (until a future generation of legislators repeals it), so I would recommend avoiding using your power to legislate to further personal vendettas or to exorcise personal pet peeves. Likewise I suggest you be sensitive to your fellow classmates in constructing your statute and avoid those statutes likely to cause offense or to single out a particular group based on their race, gender, religious affiliation, or sexual orientation. Such statutes would likely fail a constitutional challenge anyway. Other than these suggestions, have fun with the assignment and I look forward to hearing and discussing your proposed legislation on Thursday.
Employment Discrimination Leonard August 8, 2014
Employment Discrimination
Professor James Leonard
Fall Semester 2014
Assignment for First Class (Thursday August 14th)
Please prepare as follows from the casebook (Avery, Ontiveros, Corrada, Selmi, & Hart, Employment Discrimination Law: Cases and Materials On Equality in the Workplace (8th ed. 2010)):
Read CB 2-8 (Introduction to Course)
• Just Skim CB 9-20 (Major Federal Civil Rights Statutes)
• Read CB 88-104 (Theories of Discrimination, Disparate Treatment)
Sales Law Henning August 6, 2014
Sales Law
Assignment for First Class

Prof. Henning
Fall 2014

Casebook: Benfield & Greenfield, Sales: Cases and Materials, 6th ed. (Foundation 2011)
Supplement: Selected Commercial Statutes (West 2014)


Please read the following material from the casebook. In addition, from the statutory supplement please read Section 2-313 of the Uniform Commercial Code and the Official Comments to that section.

Chapter 4. Express and Implied Warranties

A. Introduction
pp. 216-217

B. Express Warranties
pp. 217-230


The course syllabus is available on TWEN.
Contracts Henning August 6, 2014
Contracts I, Section 1
Assignment for First Class

Prof. Henning
Fall 2014


1. Please read pp. 1-11 in the casebook (for background only).

2. Restatement of Contracts, Second, § 1 states that “[a] contract is a promise or set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty.” Not all promises are legally enforceable; there may be moral or social sanctions for breaking one’s word but the issue for this course is whether there is a legal sanction. The first part of the course examines the criteria used by courts to determine whether to enforce a promise and in this regard please read:

A. Handout 1: A Brief History of the Enforcement of Promises. The handout is available on TWEN.

B. Historical and Definitional Note (casebook pp. 60-63). Please pay particular attention to the definition of consideration in Restatement of Contracts, Second, § 71, and the discussion of the bargain theory of contracts.

C. The cases of Kirksey v. Kirksey (casebook pp. 63-65) and Ricketts v. Scothorn (casebook pp. 140-145). You are not responsible for the notes following Ricketts.

The course syllabus is available on TWEN
Law & Economics Dillbary August 5, 2014
No Casebook Required: You do not need to purchase a casebook for Professor Dillbary’s Law & Economics class. Instead you will receive reading packets. A suggested but NOT required treatise is R. Posner, Economic Analysis of The Law (8th Ed., 2010)(available at the book store).

TWEN: In preparation for your first class please register for the course’s website on TWEN. The name of the course on TWEN is “Law & Economics (Fall 2014)” and it is password protected. To obtain the password (or if you have any questions regarding TWEN) please consult with the library. You may also obtain the password from Ms. Graham.

Syllabus & Reading Assignment: Please make sure to pick up the syllabus and the first reading packet from Ms. Wendy Graham, office number 343 (on the third floor).The reading assignment for the first class is now posted on TWEN. Please read the assigned materials and come prepared to discuss.
Torts Dillbary August 5, 2014
Casebook: The casebook for Professor Dillbary’s Torts class is Franklin & Rabin, Tort Law and Alternatives: Cases and Materials (9th Ed. 2011) (available in the book store); and Torts Supplemental Packet available at Ms. Graham’s office (free of charge).

TWEN: During the term, Professor Dillbary will use The Westlaw Educational Network [TWEN] to post reading assignments and supplemental materials. You will receive the passwords for Westlaw and the course’s website (together with a tutorial) during Orientation. After you receive the Westlaw password, you should add "Torts (Fall 2014)” to your TWEN website.

Syllabus & Photo: In preparation for your first class please pick up a copy of the syllabus from Ms. Wendy Graham, office number 343 (on the third floor). At that time you will need to provide Ms. Graham with your photo unless it is already available on the law school’s website. You may also email your photo directly to Ms. Graham at wgraham@law.ua.edu (the preferred option).

First Class & Reading Assignment: The reading assignment for the first class is now posted on TWEN. Please read the assigned materials and come prepared to discuss.
Business Organizations Wilson August 4, 2014
Please begin reading pages 1-34 of the text and familiarize yourself with the Restatements, Agency in the Moll supplement. Also, look at the Wall Street Journal to see if you see any articles dealing with subjects we might be covering during the semester.
International Business Transactions Wilson August 4, 2014
For our first class meeting, please read Chapters 1-3 of the Text and begin to review the glossaries in the Supplement. Also, think about where you would advise your client to consider doing business internationally and why.
Equity Davis August 1, 2014
MEMO

To: EQUITY CLASS
From: PENNY A. DAVIS
Subject: ASSIGNMENT
Date: August 1, 2014


Hi,
I look forward to seeing you in class. In order to save you some money, you may use either the 7th or 8th edition of the textbook.

Please read the following cases for the first day of class:
• Clinton v. Nagy, N.D. Ohio, 1974 . . . . . . . . . p. 17[18]
• Adams v. Baker, Kan., 1996 . . . . . . . . p. 21[22]
• Force v. Pierce City R-VI School District U.S. Dist. Ct. Missouri, 1983……….p. 27[28]
• Marquette v.Marquette. Okl. 1984 p. 34 [36]
• In re Vuitton Et Fils S.A.2nd Cir. 1979 p. 38[40]
• Morgan Stanley DW, Inc v. Frisby. U.S. Ga. 2001 p. 45[52]
• Save Our Sonoran,Inc. v. Flowers, 9th Cir. 2004 p. 57[59]
• Winter v. Natural Resources Defense Council, Inc. U.S. 129 S. Ct. 365, (U.S.2008) [75-77]

Please note: It is unlikely that we will get to all of these cases, but it will be helpful to you to have read them all for background.
We will be using TWEN for assignments. I will be using PowerPoints in class and will be providing you with a Student Version of the PowerPoints for you to use in preparation for each class. After class, a paper version of the PowerPoints that were used in class will be available in the Library.
Below is an outline of what we will be talking about in class. I thought it might be helpful to you as you prepare for class. When we meet, we will divide the class into law firms and divide the future reading assignments between the law firms. For the first day, we will not divide the assignments by law firms.
Hope you have a great semester!
Penny
INJUNCTION
Court of Chancery
Alabama and most states merged courts of law and equity


Equitable MaximumsGeneral Rules to Guide the Court


1. He who seeks equity must do equity

2. He who comes into equity must come with clean hands

3. Equity aids the vigilant and not those who slumber on their rights

4. Equity regards that as done which ought to be done

5. Equity looks to the intent, rather than to the form


6. Equity acts in personam

7. Equity abhors a forfeiture

8. Equity will not suffer a wrong without a remedy


Alabama Jurisdiction

12-11-31 B Equity Jurisdiction of Circuit Courts
12-3-8, 11 B Court of Appeals
12-2-2, 7 B Supreme Court



Types of Procedure.

1. An injunction is an in personam order, directing the defendant to act or to refrain from acting in a specific way.
2. It may be enforced by contempt power

Forms
1. Mandatory
2. Prohibitory

Classification
1.Permanent
2.Preliminary
3.Temporary Restraining Order

Fed. Rules of CP B Rule 65



Fed. Rules of CP - Rule 65P. 16




Ala. Rule 65



CASES

I. GENERAL

Temporary Restraining Orders

1. Clinton v. Nagy, N.D. Ohio, 1974 . . . . . . . . . p. 17[18]
2. Double C Productions, Inc. v. Expositions Enterprise, Inc,
404 So. 2d 52 (Ala. 1981).
(Ala. Requisites for TRO)



Preliminary Injunction
1. Adams v. Baker, Kanoo, 1996 . . . . . . . . p. 21[22]


Permanent Injunctions


1. Force v. Pierce City R-VI School District,U.S. Dist. Ct. Missouri, 1983YYY.p. 27[28]

II. Procedures and Standards for Issuing Temporary Restraining Orders

Temporary Restraining Orders: Cases
1. Marquette v.Marquette, Okl. 1984
Alabama: Section 30-5-6
2. In re Vuitton Et Fils S.A.2nd cir. 1979
3. Morgan Stanley DW, Inc v. Frisby, U.S. Ga. 2001


III. Procedures and Standards for Issuing Preliminary Injunctions

1. Save Our Sonoran, Inc. v. Flowers, 9th Cir. 2004
2. Winter v. Natural Resources Defense Council, Inc. 129 S. Ct. 365, (U.S.2008) [PART III ONLY]
Contracts I Lee July 31, 2014
Welcome to Contracts I! For our first class, please read pp. 1-18 in the casebook, Ian Ayres and Gregory Klass, Studies in Contract Law (8th ed. 2012). The syllabus for this course, as well as the assignments for the first two weeks, are also available on Blackboard, which is available through Lexis-Nexis, so please register for this course on Blackboard as soon as possible.

Please let me know if you have any questions. I look forward to seeing you all soon!
Secured Transactions Lee July 31, 2014
Welcome to Secured Transactions! For our first class, please review Assignment 1 in LoPucki & Warren, Secured Credit: A Systems Approach (7th Ed 2012). You may also wish to read the Synopsis and Sections 1.01 and 1.02 in William H. Lawrence, William H. Henning & R. Wilson Freyermuth, Understanding Secured Transactions (5th ed. 2012), which is one of the recommended texts. The syllabus for this course, as well as the assignments for the first two weeks, are also available on Blackboard, which is available through Lexis-Nexis, so please register for this course on Blackboard as soon as possible.

Please let me know if you have any questions. I look forward to seeing you all soon!
International Environmental Law Seminar Andreen June 24, 2014
Wednesday, August 20, 2014 Our Common Future: ix-xv; 1-23
Red Sky at Morning: 1-97

I. Introduction to the Seminar Process and a Brief Overview of Global Environmental Issues and Public International Law.
Environmental Law I - Fall 2014 Andreen June 24, 2014
Monday, August 18, 2014 vii-xi (Bonine & McGarity) and Supplemental Material

I. Introduction to Environmental Law

A. Environmental Problems and Progress
B. Regulatory Legislation
-- Andreen, “Evolving Law of Environmental Protection” (supp.)
C. Outline of the Course