Course Descriptions

First Year Students - Required Courses Second Year Students - Required Courses

Second or Third Year Students – Electives EENR Pathways

First Year Students - Required Courses

Appellate Advocacy - 1

This course builds on the first semester Legal Writing course by introducing students to: (1) more

sophisticated aspects of legal reasoning and analysis; (2) more sophisticated aspects of legal research; (3)

the basics of persuasive legal writing; (4) the basics of appellate procedure; (5) the basic parts of an

appellate brief; and (6) the basics of oral advocacy.

Civil Procedure I - 3

A study of modern practice in civil cases under Rules of Civil Procedure and other sources of procedural law.

Civil Procedure I and its continuation, Civil Procedure II, cover all aspects of jurisdiction and other issues

bearing on what court(s) may hear a case; choice of state or federal law; pleading; joinder of claims and

parties; class actions; discovery and other pre-trial procedures; summary judgment; nonjury and jury trials;

appeals; and claim and issue preclusion.

Civil Procedure II - 3

The second semester of a study of modern practice in civil cases under Rules of Civil Procedure and other

sources of procedural law. Civil Procedure I, and its continuation, Civil Procedure II, cover all aspects of

jurisdiction and other issues bearing on what court(s) may hear a case; choice of state or federal law;

pleading; joinder of claims and parties; class actions; discovery and other pre-trial procedures; summary

judgment; nonjury and jury trials; appeals; and claim and issue preclusion.

Constitutional Law – 3

Constitutional Law I is divided into two parts. Part I focuses on governmental structures. Part II begins our

coverage of individual rights and liberties. Part Is coverage includes the power of judicial review, separation

of powers, federalism, and congressional powers. Part II focuses on freedom of expression.

Contracts I - 3

A study of the elements of simple contracts, including offer and acceptance, consideration, conditions,

defenses, and damages. The impact of the Uniform Commercial Code on contracts is considered.

Contracts II - 3

A study of the elements of simple contracts, including offer and acceptance, consideration, conditions,

defenses, and damages. The impact of the Uniform Commercial Code on contracts is considered.

Criminal Law - 3

After a brief overview of the sources of criminal law and the purposes of criminal punishment, this course

will consider the constituent parts of criminal conduct, including act (or omission), culpable mental state,

result, and causation. These general principles then will be brought to bear on two specific areas of the

criminal law: homicide and sexual assault. The course also will consider common defenses to criminal

charges, including self-defense, necessity, duress, insanity, and intoxication. Finally, the course will consider

liability for attempted crimes and for crimes committed by others. Throughout the course, students will be

required to consider the constitutional limits of the criminal law and the relationship of substantive principles

to practice.

Introduction to Law - 1

(To Oct. 8) The course provides a general introduction to the law. The aim of the course is to assist first

year students in developing a fundamental understanding of the procedures and structure of the legal

system that will assist them in studying their foundational first year courses. An introduction to approaches

for efficient and effective law school study will also be provided.

Legal Research - 1

Introduction to paper and electronic resources that cover primary and secondary legal materials, including

case law, statutes, agency regulations and treatises, journals, Restatements, and other secondary sources.

The class discusses research plans and develops brief research strategies for hypothetical situations.

Legal Research - 1

Introduction to paper and electronic resources that cover primary and secondary legal materials, including

case law, statutes, agency regulations for federal and state jurisdictions, and treatises, journals,

Restatements, and other secondary sources. The class discusses research plans and develops brief research

strategies for hypothetical situations.

Legal Writing - 2

In this course students are introduced to the fundamentals of legal reasoning and analysis and the basics of

predictive legal writing.

Property I - 3

Property I first addresses the rights that come with property ownership, then considers limitations on those

rights by private agreement (covenants and easements) and by governmental regulation.

Property II - 3

Property II first covers acquisition and transfer of ownership rights in property. The rest of the semester

deals with sharing ownership rights over time, including estates, future interests, concurrent estates, and

landlord-tenant relationships.

Torts I - 3

A study of the methods and policies for allocating risks of harm; intentionally inflicted harms; negligence in

its general aspects and its application to products liability, landowners, and automobile traffic; emotional

harms; defamation; and fraud.

Torts II - 3

This course picks up where Torts I ends. Principal areas of coverage typically include wrongful death,

defenses, vicarious liability, strict liability, nuisance, products liability and defamation. If time permits we will

also cover privacy, misrepresentation and other topics.

Top

Second Year Students - Required Courses

Evidence – 3

A study of the means by which any alleged fact is established or disproved, including competency of

witnesses; direct examination; cross-examination and impeachment; privileges; basic and special issues of

relevancy; the hearsay rule and its exceptions; real, demonstrative, and documentary evidence; and opinion

and scientific evidence.

Professional Responsibility - 3

A study of the duties of attorneys to their clients, the courts, and the public, under the Model Rules of

Professional Conduct, applicable constitutional provisions, statutes and rules, and case law.

Top

Second or Third Year Students – Electives

Administrative Law - 3

The Administrative Law course reviews administrative law practice and procedure at the federal level. The

course begins with materials on the nature and function of administrative agencies. The course then reviews

agency rulemaking power, emphasizing federal Administrative Procedure Act (APA) requirements. The

course then considers the adjudicative powers of administrative agencies, including an agency's obligation to

afford persons due process of law. Finally, the course examines judicial review of administrative agency

decisions.

Advanced Business Organizations - 3

This course will consider the structure and governance of business organizations, owner informational rights,

proxy voting and regulation, and shareholders derivative and direct suits. Attention will also be given to

business combinations, sales of control, fiduciary duties of controlling persons, tender offers, the issuance of

shares and debt obligations, distributions and redemptions. The above should be regarded as a general

description of the course but is not intended to be all inclusive. Students are invited to consult with the

instructor regarding specific information relative to this course.

Advanced Legal Research - 2

This course is designed to reinforce the legal research skills learned in the first year course and to expand

those skills in both breadth and depth. For example, we delve into legislative histories, and examine in

greater detail the intricacies of online Shepards and KeyCite use.

We give special attention to using the web for legal research. Our coverage includes learning the various

ways search engines function, looking at law social networking sites, exploring free legal information sites,

and becoming more efficient in using proprietary online systems such as Lexis, Westlaw & less expensive

alternatives, such as Loislaw and CaseMaker Law. However, we also cover the wide variety of paper sources

still commonly used by attorneys in their daily practice. The course provides an opportunity for students to

become better organized, more efficient researchers and to consider what sources it will make sense for

them to use in practice when theyll actually have to pay for sophisticated online databases like Lexis &

Westlaw.

Alternative Dispute Resolution - 2

This course introduces students to various methods of alternative dispute resolution such as negotiation,

mediation and arbitration. The course is designed to give students an opportunity to experience different

ways to communicate, negotiate and represent clients in alternative dispute resolution processes. The

course exposes students to both the theory underlying various dispute processes and the skills necessary to

master negotiation, mediation, and arbitration.

American Legal History - 2

The course examines the life of John Marshall, Chief Justice of the United States from 1801 until 1835, and

the early development of the United States Supreme Court and constitutional interpretation. COurse

readings include the biography of Marshall by Jean Edward Smith, John Marshall: Definer of a nation,

Marshall's judicial opinions and other material. The course consists of weekly sessions of two hours each,

examining Marshall's life, and concentrating on the years of his Chief Justiceship. Each student will be

assigned an aspect of Marshall's life and career upon which to make an hour-long presentation and write a

paper not less than 20 pages.

Antitrust - 3

The antitrust course consists of the study of the federal laws regulating monopolies and restraints of trade.

The substantive provisions of the antitrust laws are relatively brief - there are only three main statutes - the

Sherman Act (1890), the Clayton Act (1914) and the FTC Act (1914). These statutes entail broad

prohibitions, and there are no detailed regulations like the tax code. Antitrust tends to be more like

Constitutional Law than like other statutory law courses - basically, there is an ancient document (the

Sherman Act) containing some broad generalizations and a lot of Supreme Court cases interpreting the law.

Overview of Topics - The topics we will be covering in the course include the following:

1. Policies behind and the history of the antitrust laws and economics as it applies to antitrust.

2. Monopolization. There are a number of classic cases in this area. We will discuss the Microsoft case.

3. Horizontal restraints, including price fixing, division of territories, and group boycotts. A horizontal

restraint occurs when competitors in the same market get together and try to avoid having to compete in

the marketplace. Every economist and policy maker agrees that such practices should be banned. You might

say that horizontal restraints are the "big no-no" of antitrust.

4. Horizontal mergers is the next topic. These types of mergers are usually questionable. We will discuss the

major cases as well as the Justice Dept. merger guidelines. We will skip material on so-called conglomerate

mergers.

5. Vertical restraints of trade (these include things like territorial restrictions by the manufacturer on the

distributor, tying arrangements and exclusive dealing). In contrast to the area of horizontal restraints, there

is much less agreement among economists and policy makers on whether or under what circumstances

vertical restraints of trade should be illegal. This is a very controversial and active area.

Unfortunately, we will not have time to cover the antitrust exemptions, such as state action, nor will we

cover antitrust issues in patents or international antitrust or the Robinson Patman Act (price discrimination).

These areas might provide some paper topics.

Bankruptcy Law - 3

The Bankruptcy Law course (formerly Creditors' Rights) investigates legal and practical problems regarding

the rights of both creditors and debtors. It begins with a brief survey of state law remedies available to

creditors when debtors are either unable or unwilling to pay. These remedies include judgment execution

and related proceedings, which provide for seizure and sale of a debtor's property, avoidance of a debtor's

fraudulent transfer of its property, and other remedies provided by state law. This portion of the course also

considers limitations on creditor actions to recover debt payment.

The majority of the course deals with the bankruptcy laws. Bankruptcy is governed by federal law (the

Bankruptcy Code) which creates a system of "bankruptcy courts" whose sole function is the handling of

bankruptcy cases. These cases include not only situations in which the assets of a debtor are sold and the

proceeds distributed to creditors (a liquidation), but also those in which the debtor retains its assets and

works out a plan to pay its debts in part or in full (a reorganization).

The course is taught primarily through the use of practice-oriented problems. The problems are designed to

examine legal issues in a realistic commercial context and to reflect the type of problems an attorney might

actually confront in practice.

Business Organizations - 3

Business Organizations deals with legal principles essential to litigators and transactional lawyers. It deals

with both privately and publicly held enterprises. Agency relationships permeate our society and agency

principles covered in this course are of relevance to all lawyers. Business Organizations deals with legal

considerations in the formation, carrying on and termination of business enterprises. Among the matters

considered are the management and control of business enterprises, the liabilities of their owners and the

transferability of ownership interests. The course covers various matters of litigation involving business

enterprises. For example, the course considers who may be held liable in contract and tort cases when a

business enterprise is sued. It studies the fiduciary duties of management, such as corporate officials, to

business associations and their owners and it considers issues arising in suits based on breach of such

duties. The course also considers the protection afforded investors by federal securities law. Listing of the

above items is not intended to be all inclusive. Students are invited to consult with the instructor regarding

specific information.

Business Planning - 3

The Business Planning course focuses primarily on a problem involving several persons who are organizing a

business entity. Consideration will be given to the characteristics of several kinds of business organizations

and to making a judgment as to which organization should be used to house the business being set up. The

course will consider tax and non-tax aspects with respect to business organizations. There will be no

examination in this course. Instead students will be graded on a project or projects involving the preparation

of memoranda and other documents. Students are invited to consult with the instructor regarding specific

information relative to this course.

Clinic: Defender Aid - 3

The Defender Aid Program provides representation to indigent persons convicted of felonies in the Wyoming

state courts. We represent clients on direct appeal from their convictions, prepare motions for sentence

reduction, and may handle other post-conviction matters in state and federal court.

The program has two purposes: first, to give Student Attorneys practical experience in the area of criminal

law, and second, to assist indigent people in the state of Wyoming with the highest quality legal services

and representation in the area of criminal law. This means providing not just the minimal effective

assistance of counsel, but zealous advocacy within the bounds of the law. Ideally, these two purposes can

be achieved harmoniously; however, at all times the clients interests are paramount.

Clinic: Legal Services/Domestic Violence - 3

The Legal Services Program provides third-year students the opportunity to represent low-income clients

with civil legal problems. Clients must qualify as indigent under legal services income and eligibility

standards, and the Clinic takes no cases which would generate a fee, such as tort cases. Students also

represent inmates at the Wyoming State Prison and the Wyoming Women's Center on civil matters.

Accordingly, the clinic's caseload consists of juvenile matters (child abuse and neglect), domestic relations

(divorces and custody disputes), appeals involving the denial of government benefits (social security,

Medicare, etc.) and other miscellaneous matters. The Clinic is located at the corner of 21st and Garfield in

the University Annex building.

In the summer of 2002, the Clinic expanded to include a Domestic Violence (DV) clinic. The DV clinic is also

located at 21st and Garfield. Six students work in the DV clinic under the supervision of Dona Playton, the

Assistant Faculty Supervisor of the Legal Services Program. Students represent victims of domestic violence,

dating violence, sexual assault and stalking in civil matters in which domestic violence is an issue. Such

matters include divorces, child custody modifications, requests for domestic violence protection orders, or

requests for civil stalking orders. Students in the DV clinic must either be currently enrolled or have taken

the Domestic Violence and the Law course or be willing to get additional training, which may include taking

the forty-hour SAFE advocacy training program the next time it is offered. Those hours will not count toward

the 150 hours required for the clinic. Students handle cases from beginning to end, including any necessary

court appearances. Students represent clients in Circuit Court, District Court, and, occasionally, the

Wyoming Supreme Court. Generally, every student who wishes to appear in court is able to do so.

The Clinic (including the DV clinic) also involves a classroom component of approximately seven two-hour

training sessions, held one afternoon or evening per week for the first half of the semester. Training

sessions include client counseling, landlord/tenant laws, immigration, mental health issues, social services,

victims rights, social security and the dynamics of sexual assault, stalking, dating violence and domestic

violence, representing clients in juvenile court matters, bankruptcy, etc., and are presented by the faculty

supervisor and outside speakers. Part of the training will take place at a retreat. Students must attend the

retreat.

Clinic: Legal Services/Domestic Violence - 3

The Legal Services Program provides third-year students the opportunity to represent low-income clients

with civil legal problems. Clients must qualify as indigent under legal services income and eligibility

standards, and the Clinic takes no cases which would generate a fee, such as tort cases. Students also

represent inmates at the Wyoming State Prison and the Wyoming Women's Center on civil matters.

Accordingly, the clinic's caseload consists of juvenile matters (child abuse and neglect), domestic relations

(divorces and custody disputes), appeals involving the denial of government benefits (social security,

Medicare, etc.) and other miscellaneous matters. UWLSP represents not only those with low-incomes, but

also serves as guardian ad litem to children in abuse, neglect, child in need of supervision and termination of

parental rights cases and representation of parents in dependency cases, as well. Additionally, UWLSP

remains the states primary pro bono legal provider for juvenile issues, including representation of parents in

juvenile court and appointment as guardian ad litem on behalf of children involved in the child welfare

system. The Clinic is located at the corner of 21st and Garfield in the University Annex building. The Legal

Services Clinic also includes the Domestic Violence Legal Assistance Project. Six students work in the DV

clinic under the supervision of Dona Playton, the Assistant Faculty Supervisor of the Legal Services Program.

Students represent low-income victims of domestic violence, dating violence, sexual assault and stalking in

civil matters in which domestic violence is an issue. Such matters include cases involving divorce, child

custody, modification of divorce and child custody, domestic violence protection orders, stalking orders,

guardian ad litem appointments in juvenile and domestic relations cases, consumer debt, public benefits,

return of property, and immigration issues. Students in the DV clinic are strongly encouraged to take the

Domestic Violence and the Law course. Students in the Legal Services and DV clinics handle cases from

beginning to end, including any necessary court appearances. Students represent clients in Circuit Court,

District Court, and, occasionally, the Wyoming Supreme Court. Generally, every student who wishes to

appear in court is able to do so. The Clinic (including the DV clinic) also involves a classroom component of

approximately seven two-hour training sessions, held one afternoon or evening per week for the first half of

the semester. Training sessions include client counseling, landlord/tenant laws, immigration, mental health

issues, social services, victims rights, social security and the dynamics of sexual assault, stalking, dating

violence and domestic violence, representing clients in juvenile court matters, bankruptcy, etc., and are

presented by the faculty supervisor and outside speakers. Part of the training will take place at a retreat.

Students must attend the retreat.

Clinic: Prosecution Assistance - 3

The Prosecution Assistance Clinical Program assists Wyoming County and Prosecuting Attorneys and the

Wyoming Attorney Generals Office in criminal matters in the trial courts and the Wyoming Supreme Court.

Most students who enroll in the clinic will choose between (1) working in the office of a County or

Prosecuting Attorney; and (2) working under the supervision of the faculty director in handling criminal

appeals. Whatever option the student chooses, he or she will also be required to devote time to staffing the

clinic office. In the clinic office, students will field calls from County and Prosecuting Attorneys and will

provide requested assistance with legal research and the preparation of legal memoranda.

Students who elect to work in the office of a County or Prosecuting Attorney will perform tasks assigned by

the office's attorneys. Among the most common tasks are: preparing motions, motion responses, jury

instructions, and trial briefs in circuit and district courts; handling preliminary hearings in felony cases;

handling criminal trials, principally of misdemeanor cases in circuit courts.

Students who elect instead to work on appeals will be assigned to represent the State in one or more

criminal appeals. These appeals will be assigned to the clinic by the Wyoming Attorney General.

Representation of the State will include the preparation of an appellate brief and the presentation of oral

argument to the Wyoming Supreme Court.

The Prosecution Assistance Clinic is open only to third-year students. The course is graded S/U. Students

must devote a minimum of 150 hours to the work of the Clinic during the semester. Students may enroll for

one or both semesters. Enrollment in the Clinic is limited, and eligibility is determined through a lottery. The

Clinic has a classroom component, in which all students meet weekly to discuss the work and procedures of

the Clinic, and current issues of criminal law and procedure. During the semester, prosecutors and members

of the Attorney Generals, staff will be invited to speak to Clinic students. In addition to the weekly classroom

component, each student must participate in a workshop to be held early in the semester. The workshop will

familiarize students with the Clinic and its procedures and with Wyoming courts and criminal procedure.

Students may gain experience in the Clinic during the summer through the work-study program, by working

for academic credit, or by volunteering their time. Students who wish to earn academic credit in the summer

must keep in mind that not more than six hours of academic credit earned in the College of Law clinics may

be counted toward graduation.

Competitions - 1-2

Credit is given to student competitors in approved inter-school competitions. Students receive one S/U

credit hour for participation in a regional competition as part of the University of Wyoming Law School team.

This credit is to be applied in the semester after the student participates in a qualified competition. Please

see Dean Pridgen or Dean Burke before you register for this credit.

Approved inter-school competitions include:

PACE Environmental Moot Court Competition. This is the preeminent environmental law moot court

competition in the nation. Students have a chance to improve their oral advocacy and writing skills while

mastering such difficult environmental law issues and policies as the Clean Air Act, the Endangered Species

Act and the National Environmental Policy Act. The University of Wyoming and the law firm of Holland and

Hart sponsor the intramural competition where 1st, 2nd, and 3rd year students compete against each other

for a chance to be selected for the national moot court competition held at the Pace Law School in White

Plains, New York.

Rothgerber, Johnson & Lyons Trial Competition. This competition encourages development of litigation skills.

Each litigation team, consisting of two attorneys and two witnesses conduct either a civil or a criminal trial in

an intramural competition. Each team prepares all phases of the trial from opening statements to direct and

cross-examination and closing statements. The winners of the intramural competition go on to compete in

the regional competition sponsored by the Association of Trial Lawyers.

Brown, Drew & Massey Moot Court Competition. This competition is sponsored by the Young Lawyers

Section of the Bar Association of the City of New York. Students write appellate briefs and present oral

arguments in a simulated appeal to the United States Supreme Court. The student compete in an intramural

competition. The winners of the intramural competition participate in a regional competition. Regional

winners then progress to a competition sponsored by the American Bar Association.

Pence & MacMillan Client Counseling Competition. This competition emphasizes communication and other

interpersonal skills essential to the sound representation of clients. In this intramural competition, students

interview and counsel a client, suggesting possible advantages and disadvantages of courses of action in

resolving legal problems. Winners of the intramural competition progress to the national client counseling

competition which is sponsored by the Law Student Division of the American Bar Association.

Conflict of Laws - 3

Conflict of Laws - the study of the law applicable to transactions or occurrences involving contacts with more

than one state, including questions of choice of law, jurisdiction, and recognition of foreign judgments - is an

important component of a classical legal education. It is a subject you are sure to encounter in a general

practice, especially in cases governed by state law.

Half of the course deals with choice of law in state courts, which you have not studied in any detail in any

other course. If you and a friend drive from Laramie to Denver and get into a wreck in Fort Collins, does

Wyoming law or Colorado law determine whether you, the host, are liable to your friend, the guest? Which

state's law determines whether exceeding the speed limit is negligence per se? How should these questions

be analyzed and decided? Might the answers differ depending on whether you are sued in a Wyoming court,

a Colorado court, or a federal court? What are the constitutional constraints on a state court's ability to

choose to apply its own state's law?

Choice of law is a fascinating and intellectually challenging subject about which the courts and scholars are

deeply divided and for which several different methods exist. You will be exposed to all the methods and

encouraged to form your own views as to which is preferable. You will engage in policy-oriented thinking

about problems involving common law, statutory law, and constitutional law and crossing subject matter

lines (torts, contracts, property, etc.).

The other half of the course includes a reconsideration of in personam and in rem jurisdiction and the Erie

doctrine from the sophisticated perspective of a 3rd year student; the constraints regarding recognition of

judgments imposed by the Full Faith and Credit Clause (with which you have only passing familiarity);

special problems of choice of law, jurisdiction, and recognition of judgments in marriage, divorce, interstate

child custody, and decedents' estates; conflicts between federal law and state law; federal common law;

federal law in the state courts; and an introduction to international conflict of laws problems.

The course is policy-oriented and relies heavily on class discussion in which all students become involved.

Consumer Protection - 3

The consumer protection course covers three main topics: (1) the law of advertising and marketing; (2)

consumer credit regulation; and (3) consumer warranty law.

This is an exciting area to study because of the continuing onslaught of new issues, with corresponding

policy responses. Some of the new developments that will be covered are:

Internet commerce and consumer protection Debt Collection Subprime Mortgage Crisis

Consumer privacy

Auto leasing

Pay-day loans, loan "flipping" and predatory lending

Sweepstakes advertising

Identity theft

Do-Not-Call list for telemarketing; Credit Card Legislation.

We will cover the basic consumer protection mission of the Federal Trade Commission and the State

Attorneys General. We will discuss federal Truth in Lending regulations, Equal Credit Opportunity, Fair Credit

Reporting and identity theft, UCC warranties, the Magnuson-Moss Warranty Act, and new car "lemon" laws.

Criminal Adjudication - 3

A study of the post-investigative phase of the criminal process: from charging decisions through sentencing

and appeals. Topics covered include: the decision to prosecute; bail and pretrial release; grand jury and

preliminary hearing practice; criminal discovery; the role and responsibilities of defense counsel and of the

prosecutor; jury-related issues, such as pretrial publicity, Batson, and deliberative secrecy; defendants

rights to presence, confrontation, and to present a defense case; verdicts; sentencing; appeals and post-

conviction proceedings. The coursework may include a few practical assignments, such as motion drafting,

during the semester in addition to a final exam.

Criminal Procedure - 3

This course examines the constitutional rights of criminal suspects and defendants under the 4th, 5th and

6th Amendments of the United States Constitution. Much of the focus is on law enforcement practices and

the constitutional principles that constrain the police.

Major topics include search and seizure issues under the 4th Amendment, the exclusionary rule, the

privilege against self-incrimination, confessions, identification of suspects, the right to counsel in

interrogations and entrapment. Because this is a class with substantial discussion, laptop computers are not

allowed in class, except for students who have received an accommodation mandating use of laptops.

Domestic Violence - 3

As a result of the prevalence of domestic violence in our society, attorneys, regardless of their area of

expertise or practice will find themselves confronting cases in which domestic violence is an issue. Domestic

relations lawyers, criminal defense lawyers, labor lawyers, corporate lawyers, bankruptcy lawyers, tort

lawyers, and real property lawyers, regularly represent victims or perpetrators of domestic violence. Due to

the prevalence of domestic violence and the frequency with which it finds its way into the legal system, all

actors within the legal system should be properly educated. The Domestic Violence and the Law Class has

been offered since 1999 by Professor Dona Playton. Professor Playton has trained and consulted extensively,

including consulting with the ABAs Commission on Domestic Violence, the Wyoming Supreme Court and the

Wyoming Coalition Against Domestic Violence and Sexual Assault. The course covers subjects from the

history of relationship violence, cultural issues, including immigration and tribal concerns, economic impacts,

women as defendants, law enforcement and prosecutorial roles, civil protection orders, stalking, sexual

assault and batterer intervention programs, working with people with disabilities, the impact on children, as

well as state and federal legislation that impacts domestic violence in criminal and civil cases. Guest

speakers, valuable hand-outs and practice tools created by the instructor and other experts in the field, as

well as videos are integrated throughout the course. The Domestic Violence class helps prepare students to

take part in the Legal Services Program, and the Domestic Violence Legal Assistance Project. Students

having taken the class will go on to represent victims effectively, make well-informed legal decisions, create

effective legislation, and further educate judges, attorneys and other professionals on the dynamics of

domestic violence, sexual assault and stalking and on the critical importance of applying the law in a safe

and effective fashion when handling such cases.

E-Commerce Law - 3

The Internet has assumed an invaluable role in domestic and global commerce. Individuals, local

businesses, and even multi-national corporations are increasingly relying on the Internet to conduct

business. This course focuses on legal issues facing entities as they migrate to an electronic environment

and engage in "E-Commerce." This course examines the application of existing and emerging law as it

applies to online commerce. Topics covered may include electronic contracting, online marketing, torts in

cyberspace, dispute resolution, conflict of laws, electronic payment systems, employee/employer

relationships on the Internet, and other cutting-edge subjects. Because E-commerce is intrinsically

international in nature, virtually all of the topics covered by this course touch on international or

transnational issues. Due to limited time, this course will focus primarily on U.S. law. However, the course

will examine the laws of various other countries that deal with the same or similar issues.

Electronic Payment Systems - 1

This course permits advanced study of the laws governing modern electronic payment systems, including

such topics as credit cards, debit cards, electronic funds transfer, automated clearing house systems, wire

transfers and letters of credit.

English & Scottish Legal History - 2

English and Scottish Legal History will examine the development of law and legal institutions in England and

Scotland during the 17th Century. This was a pivotal era in the evolution of our law, when great changes

occurred in the conception of sovereignty, in the substance of the law and its procedures, and in the courts

and the legal profession.

In England, it was the age of Bacon and Coke, Hobbes and Locke, Hale and Clarendon, Selden and Jeffreys,

of William Sheppard and Bulstrode Whitelock. King and Parliament struggled for supremacy, a Civil War

followed, the king was beheaded, a Commonwealth flourished and failed, monarchy was restored, the

Glorious Revolution deposed another king, and the Bill of Rights was enacted.

In Scotland, the century began when the Stuart James VI went south to England at Queen Elizabeth's death

and became James I of England. He and his successors were monarchs of the separate kingdoms of England

and Scotland, leaving Scotland without a resident sovereign. Scottland, too, played its part in the

revolutionary fervor which swept England. It was the century of Scottish jurists John Skene, Thomas Hope,

Thomas Craig, James Dalrymple (Viscount Stair), and George Mackenzie -- all of whom wrote seminal works

of Scots law.

In both England and Scotland, judicial decisions came to be regularly and seriously reported. Legislation

assumed new importance. The bar began to develop a cohesive professional identity. In England the Court

of Star Chamber came to an ignominious end. In both countries, judges continued to condemn witches. But

in the same century, ideas of due process and the rule of law began to take hold, and, perhaps for the first

time, law reform was diligently pursued.

Assigned readings will consist primarily of decisions, statutes, and readings from the 17th Century, together

with more modern legal and biographical writings and text prepared by the professor. Individual copies of

the readings will be distributed, and a fee not to exceed $40.00 will be collected from students for these

materials.

The goal of the course is to give students a better understanding of how our law came to be as it is, through

study of a revolutionary age. Scots law is included with English law to provide perspective on how a kindred

legal system developed. Students will assist in planning the particulars of the course, and will make

presentations on the assigned subjects for study. One or more papers will be required. Students may satisfy

the College of Law advanced writing requirement in the submission of the papers.

Environmental Law - 3

This course provides an overview of the broad field of environmental law, with an emphasis on the major

federal environmental statutes, including the National Environmental Policy Act, the Endangered Species

Act, the Clean Air and Clean Water Acts, and statutes regulating both hazardous wastes and toxic chemicals

in commerce. We will consider both the substantive requirements of these statutes and their conceptual

approaches to environmental protection. The course will also explore issues such as the role of states in

implementing these national laws, various approaches to enforcing these laws, common-law doctrines

relevant to environmental protection, and economic aspects of environmental law.

Estate Planning - 2

The course will apply estate and gift tax principles in a survey of estate planning principles and techniques.

Traditional estate planning tools including wills, trusts, and durable powers of attorney will be discussed as

well as post-mortem planning, administration issues, and planning for special situations, such as owners of

closely held businesses, entrepreneurs, and the disabled.

Estate planning focuses heavily on planning for individuals who have sufficient wealth to make them subject

to the estate and gift tax portions of the Internal Revenue Code. As such, the course continues to focus

heavily on tax consequences of various planning methods. Of course, the same planning techniques

generally can be applied to those individuals with modest or little wealth.

You will be required to prepare a number of documents. The drafting assignments will probably include,

among other things, a will, trust and relevant tax returns.

Externships - 1-3

Family Law - 3

Once, family law occupied a quiet backwater in legal practice and academia. No longer. Today, family law

finds itself on the front lines of what Justice Scalia has called the culture war of modern America. The

perceived social consensus that long undergirded the legal regulation of family life has largely collapsed.

Family law is currently embroiled in a series of hot-button debates: same-sex marriage, divorce, out-of-

wedlock childbearing, abortion, and the deregulation of sexuality. The very definition of family and the

boundaries of family law have become blurred. Family law now draws from constitutional law, and extends

to criminal law, conflicts of laws, welfare law, and the laws of contracts, torts, property, and inheritance, to

name a few.

From marriage to divorce, property distribution, child custody and the termination of parental rights, this

class will explore the many areas and facets of family law with an eye toward providing students with a firm

doctrinal grounding, while preparing them for what they will face as they enter into practice. In the context

of this exploration we will look closely at many of the cultural issues noted above, and the effects those

issues are having not just on the family and the law related to the family, but on society as a whole.

Federal Courts - 3

Every exercise of federal judicial power places a federal court in a position of possible conflict with another

government actor. On the one hand, the federal court might trench on the Congress's constitutional

lawmaking powers; on the other, it might usurp a function that could be performed by a state court. This

course examines these two themes of separation of powers and federalism by scrutinizing the jurisdiction of

the federal courts. The course covers justiciability doctrines (standing, ripeness, and mootness),

congressional power to control federal court jurisdiction, constitutional and statutory parameters of federal

question jurisdiction, federal common law, basic contours of litigation under 42 U.S.C. 1983, state sovereign

immunity and the Eleventh Amendment, and the various abstention doctrines.

Gift & Estate Tax - 2

Gift & Estate Taxation is a two credit course that focuses on the federal estate and gift tax consequences of

wealth transfers during life and upon death. Generally, estate planning for individuals who have some The

course will focus on the federal estate and gift tax sections of the Internal Revenue Code. The estate and

gift tax sections of the Code have undergone substantial change in the last several years and will continue to

change for several years to come. Students will gain by learning the most recent applicable tax law and

become prepared for the substantial changes that will occur in the near future. Compared to income tax, the

relevant code provisions are few, but their application is quite complex.

Immigration Law - 3

This course will explore the legal, historical, and policy perspectives that shape U.S. law governing

immigration and citizenship. We will examine the constitutional bases for regulating immigration, the history

of immigration law in the U.S., the source and scope of congressional and executive branch power in the

realm of immigration, and the role of the judiciary in interpreting immigration law. In the course of that

exploration, we will address citizenship and naturalization, the admission and removal of immigrants and

non-immigrants, and the issues of undocumented immigration and national security. We will also analyze

the impact of immigration in other areas, including employment, criminal law, family unification, human

rights, and discrimination.

Income Taxation - 3

Income Taxation focuses on the federal taxation of individuals. It includes taxation of compensation,

installment sales as well as taxation of gains on property transfers. We will begin by studying what

constitutes income and generally move through the deduction, timing and characterization sections of the

Internal Revenue Code (the Code). The objective will be to enable you to understand the overall structure

and application of the Code and to advise clients on issues pertaining to what constitutes taxable income in

a given taxable year.

Independent Study - 1-2

Research and writing in specialized or advanced areas of the law. Independent Study papers may not

duplicate material taught in a regular law school offering. They are intended to allow students to explore a

new area, not covered in the COURSE DESCRIPTIONS, or to conduct more in-depth research into a topic

presented in a regular law school offering.

Students are to contact a professor that has a background or interest in the students topic area to

determine if the professor will supervise the Independent Study.

Students receive one credit hour for 50 hours of work or 2 credit hours for 100 hours of work. Grades are

generally based on a research paper. The paper may be structured so as to fulfill the advanced writing

requirement. Within one week after the start of the semester, students must submit to the Associate Dean a

written proposal, signed by the student and supervising professor, that describes the topic and paper

requirements. Forms for this purpose are available from the Associate Dean.

Independent Study: Law Review - 1-2

Intensive research, writing, and editing of case note or comment and cite-checking of articles for the

Wyoming Law Review. Credit earned for a grade of S-U only. Law Review membership is required. Credit

may be received in the third year only. Maximum six hours in academic career.

Indian Law - 3

This course surveys the law that applies to Native Americans and tribal governments. The course deals

primarily with federal law because of the unique relationship between the federal government and tribes,

which are sovereign entities, and because federal law affects or governs most Native American activities.

The main issues are jurisdictional; that is, they concern the allocation of legislative (or regulatory) and

judicial (both civil and criminal) jurisdiction among federal, tribal, and state governments. History has

played a crucial role in the evolution of federal Indian Law and is a prominent consideration in the course.

We will also examine how Congress and the Supreme Court have molded the law in this area. Other topics

include: family law, hunting and fishing, taxation, gaming, and protection of natural resources and the

environment on tribal lands.

Intellectual Property Law - 3

This course provides an introduction to a variety of intellectual property laws, particularly trademark,

copyright, and patent law. The course will focus on federal law, but state law will also be integrated into the

discussion. The course will cover the various forms of protection and the limits of those protections.

International Business Transactions - 3

This course will provide a general overview of international business transactions involving private entities

engaged in global commerce. It will examine the legal framework associated with the planning,

implementation, and enforcement of international agreements concerning the sale of goods, trade of

services, and transfer of technology. Students will look at dispute resolution in the context of international

transactions. The course will also explore foreign direct investment transactions and international franchise

and distribution agreements. Students will be exposed to the impact of relevant international organizations

and emerging substantive international commercial law (e.g. the United Nations Convention on Contracts for

the International Sale of Goods, World Trade Organization Agreements and regional trade areas) as well as

the social obligations of multinational enterprises.

International Law - 3

This course covers international law in its classic sense--public international law, or "the law of nations" as

it's referred to in the Constitution. It looks at topics such as the sources and evidence of international law,

sovereignty, the relationship of international law to national law, the bases of national jurisdiction, conflicts

of jurisdiction, the international use of force, etc. However, modern public international law also includes

areas of more immediate interest to practicing lawyers, such as conflicts between nations over which one

has the right to assert jurisdiction over certain activities, international extradition, and immunities from

jurisdiction.

Moreover, with the world being the way it is, we probably will have stimulating international incidents and

crises to analyze, e.g. the international legal status of the use of force by the U.S. against the Taliban hiding

in Pakistan or the Military Commissions operating at Guantanemo. Following these incidents in the media

and discussing them in class will increase our understanding of how international law works (or doesn't).

Jurisprudence - 3

This course will examine American legal thought from the nations inception through today. We will discuss

issues related to the nature of law, the nature of judicial decision making, the relationship between law and

society, and the like. The first part of the course will explore historically important jurists, jurisprudents, and

schools of thought, including the constitutional framers, natural law thinkers, Oliver Wendell Holmes, Jr.,

and Benjamin Cardozo. The second part of the course will explore current schools of thought, including law

and economics, feminist jurisprudence, pragmatism, and postmodernism.

The purpose of the course is to encourage critical thinking: to question some of the apparent foundations of

legal study and practice that attorneys, students, and professors often take for granted. I do not expect

students to agree with all of the viewpoints expressed by the various writers that will be read during the

semester. In fact, you might not agree with any of the writers. Such disagreement is fine (and is even to be

encouraged).

Labor Law - 3

This course deals with labor law in the private sector. Labor Law is defined as the Federal regulation of

private sector disputes between employers and groups of its employees (usually unions) and of the

relationship between unions and their members. Traditionally the course surveys the establishment of a

collective bargaining relationship between employers and unions, the subsequent negotiation of a collective

bargaining agreement resulting from that relationship, the administration of that agreement through its

grievance-arbitration provisions, and the economic weapons used by parties to various kinds of labor

conflicts. Increasingly, labor law concerns itself with protected concerted activity not involving a union, the

relationship between labor law and immigration law, the relationship between a union and its members, and

the use by unions of non-traditional weapons to achieve their objectives. We will consider as many of these

issues as time permits.

Land Use - 3

Land Use deals generally with public regulation of how land is used. Specifically, the course first covers the

constitutional law related to land use regulation, including substantive due process, takings, equal

protection, freedom of religion, and freedom of speech. The course then examines zoning, subdivision

regulation, building codes, and aesthetic controls; local financing issues related to land use such as special

assessments and development exactions; and the government's eminent domain power.

Law Review - 1-3

Intensive research, writing, and editing of case note or comment and cite-checking of articles for the

Wyoming Law Review. Credit earned for a grade of S-U only. Law Review membership is required. Credit

may be received in the third year only. Maximum six hours in academic career.

Law of the Workplace - 3

In this class we will examine a variety of laws, regulations and legal theories governing the workplace and

the employment relationship in its varied forms. Globalization, immigration, technological advances, and a

variety of cultural changes have significantly shifted the type of work available in the United States, the way

that work is performed, and who participates in the American workforce. In the midst of new and ever

changing technologies, globalization and a volatile economy, sits the varied and dynamic laws governing the

work relationship. From contract law to torts, property law to constitutional law, civil procedure, civil rights,

a variety of regulatory regimes, as well as many laws that are specific to the employment context, the

panoply of laws that govern and influence the employment relationship are many and varied. Whereas, the

relationship of worker and employer is as old as human history, the law governing this area is relatively new

and ever changing. This class seeks to explore this vast array of rules and laws in such a way that it

provides students with solid grounding in the major doctrines and theories governing the employment

relationship, but also provides them with the ability to think and reason about this dynamic area of law with

respect to areas that are ever changing and unsettled. Thus, while significant time is spent on black letter

law, a substantial amount of time is also spent understanding the theoretical underpinnings of the laws in

the employment area and discussing how such laws should govern the employment relationship given the

many current issues that arise in the context of that relationship and the ever changing nature of the

employment relationship .Issues explored include globalization, immigration, healthcare, discrimination, pay

structures, shifting workplace demographics and changes is the types of work available; to name a few.

Specific laws examined include those governing hiring, firing, wage and hour, discrimination, breach of

contract, health benefits, unemployment, workers compensation, and if time permits trade secrets, post

employment restrictions, occupational safety and health and alternative dispute resolution. While this course

will not devote extensive time to the labor-management relations laws that are covered in the separate

Labor Law class, we will touch on the effects of collective bargaining agreements when pertinent. More often

than not, both federal and state laws will govern a particular aspect of the employment relationship and

state laws addressing a particular issue will differ. Therefore, when exploring the above topics, we will give

attention to the interplay of these laws and the many procedural issues that arise in the employment

context.

Legislation - 3

This class will discuss how a bill becomes a law by examining several pieces of federal legislation that were

considered during the 110th Congress, as well as the Wyoming legislature. Public policy considerations, the

politics of the legislative process, statutory interpretation, and the drafting of legislation will be discussed.

The class will include drafting assignments, discussion and preparation of hearing testimony, and strategy

memoranda for securing passage of legislation.

Mining Law - 2

The mining law course is an in-depth review of the law governing mineral development in the western

United States. The first part of the course focuses on hardrock minerals governed by the General Mining Law

of 1872 and related regulations. The second part will cover the regulation of energy minerals such as oil and

gas under the Mineral Leasing Act of 1920 and related laws and regulations, as well as the development and

regulation of coal mining under the Surface Mining Control and Reclamation Act (SMCRA). The third part will

analyze the unique aspects of federal and state environmental laws as they relate to mineral development

operations, including constitutional issues such as federal and state preemption and takings.

Native American Natural Resources - 3

This course will examine federal and tribal law (chiefly federal statutes, regulations, judicial decisions, and

treaties) governing environmental regulation and use and management of tribal land, water, minerals,

timber, fish/wildlife, and cultural resources. Principal issues relate to jurisdiction, federal trust doctrine,

aboriginal title, reserved rights, allotment, and the tribes-as-states doctrine.

Natural Resources Law - 3

This course introduces the student to the general legal principles governing the ownership, use, and

protection of natural and environmental resources in the United States. Natural and environmental resources

are the physical attributes of the earth that have value to people, either for direct use and enjoyment or for

the ecological services they provide. The laws governing use of these resources generally depend on

whether they are publicly or privately owned. The materials take a functional approach, exploring the legal

issues associated with allocation, rights of use, duties to others, and governance. Differences in the laws

governing specific resources are explored. The trend toward promotion of sustainable use is considered.

Oil & Gas Law – 3

Payment Systems - 2

The Payment Systems course (formerly Commercial Paper) focuses on the use of negotiable instruments

(such as checks, drafts, promissory notes, and certificates of deposit) to document debts and to make

payments. The course provides an overview of the banking system, the check collection process, and the

use of various commercial instruments. Topics include liability for stolen checks, forged signatures,

alterations, payment to impostors, insufficient funds, stop payment orders, post-dated checks, and

restrictive endorsements. In addition, the rights of good faith purchasers are examined and the use of third

parties (such as guarantors, sureties, and accommodation parties) to secure obligations are discussed.

The rules governing these transactions are set forth in Articles 3 and 4 of the Uniform Commercial Code and

the Federal Reserve System regulations. The course emphasizes the use and understanding of the Uniform

Commercial Code and the Federal Reserve System regulations. Problems are employed to examine legal

issues in a realistic commercial context.

Payment Systems (also referred to as Commercial Paper or Negotiable Instruments Law) is a bar

examination subject in the vast majority of states, including Wyoming and Colorado.

Public Lands - 3

This course examines the law governing management of the federal public landsnational parks, national

forests, wildlife refuges, BLM lands, etc. The course begins with an historical overview of the evolution of

federal land and resource policy. It then takes up the relationship between Congress and the states,

exploring Congress's authority under the Property Clause and federal preemption of state laws that conflict

with federal policies. A review of Executive Branch authority follows. The course then explores the

substantive law governing water, minerals, timber, range, wildlife, recreation, and wilderness. We study the

National Environmental Policy Act, General Mining Law of 1872, Mineral Leasing Act of 1920, National Forest

Management Act of 1976, Taylor Grazing Act, Federal Land Policy and Management Act, Endangered Species

Act, and Wilderness Act. Finally, throughout the course we also consider how politics and the public

influence public land policy and decision making.

Real Estate Finance - 3

The course begins with some study of the law and practice relating to real estate transactions, deeds, and

titles. The rest of the semester covers the law and practice relating to mortgages, foreclosure, and other

financing issues in residential and commercial real estate transactions.

Secured Transactions - 3

Financial institutions and other businesses often take an interest in a debtor's personal property (such as

goods, equipment, inventory and accounts) to secure payment of a debt or performance of an obligation.

The secured transactions course deals with the law governing security interests in personal property which is

embodied primarily in Article 9 of the Uniform Commercial Code.

The course has several goals. The first is to provide students with a working knowledge of Article 9 and

related bodies of law. The second goal is to use Article 9 as an example to illustrate how to approach, work

with and interpret an unfamiliar statute. The third objective is to discuss and become familiar with many

common forms of business transactions and how such transactions work, including loan agreements and

other financing arrangements.

Securities Regulation - 3

The course considers the responsibilities and liabilities of a company and various persons involved in the

public offering of securities, including the filing of a registration statement, and other disclosure matters.

The course also deals with the definition of the term "security" and possible exemptions for securities

offerings. The course also covers securities fraud under SEC Rule 10b-5 including, inter alia, insider trading.

Corporate disclosure requirements in connection with matters such as proxy rules and in other contexts are

also considered. Some attention is given to disclosure requirements in connection with mergers and

acquisitions, takeovers, and tender offers. Securities litigation also receives significant attention. The above

description of the course is not intended to be all inclusive. Students are invited to consult with the

instructor regarding specific information relative to this course.

Seminar: Advanced Water Law - 2

This seminar considers selected topics in water law for the first half of the semester. Students present their

research papers on a water law topic of their choice during the second half.

Seminar: Climate Change - 2

This course introduces students to the scientific principles surrounding the discussion about climate change,

and then explores the role of legal institutions in addressing the concern about increased greenhouse gas

emissions. We will examine, for instance, how climate change concerns have influenced the development of

common law public nuisance causes of action and how those concerns have been incorporated into

environmental laws (e.g., Clean Air Act, National Environmental Policy Act, the Endangered Species Act). We

also will look at various approaches for reducing and mitigating the effects of greenhouse gas emissions

(e.g., carbon capture and sequestration; renewable resources; land use and transportation planning;

alternative transportation fuels; energy conservation and increased efficiency standards), and adapting to

unavoidable changes as a consequence of climate change. These approaches will vary from exploring

geographically based efforts (e.g., local and regional efforts and national and international efforts), market

based mechanisms (e.g., carbon-trading; carbon footprint labeling and disclosure; taxes), command and

control mechanisms (Clean Air Act), and international (latest round of international negotiations) and

national efforts (pending Federal climate change legislative initiatives).

Seminar: Education Law - 2

The course will explore selected topics relating to education law, at all levels of education (primary,

secondary, and higher education). Some of those topics will be selected by the professor, and others will be

selected by the students. Professor-selected topics in recent years have included school desegregation,

affirmative action, gender equity in athletics, search and seizure, corporal punishment, and religion in

schools.

Seminar: Health Care Law - 2

This seminar course offers students an overview of major laws, issues and trends affecting the health care

industry and the general public. Students will be introduced to the historical roots of health law and policy in

the United States and continue through discussion of legal implications arising from the latest developments

in medical science and technology and issues regarding world health. Guest lecturers, experts in their

specific health field, will periodically present their perspective for class discussion. Students will be

presented a variety of topics; the amount of time spent on varying topics will be determined by the interests

of students enrolled in the class. However, the following topics will be addressed: patient rights, professional

licensing, facility licensing, health care payment systems, quality of care, Stark Laws, EMTALA, public health,

and emerging world health care issues. The following presentations are anticipated: Perspectives from the

Board of Medicine, Board of Nursing, and Board of Pharmacy, Aids and the Law, Impact of the Aging on

Health Care, Reproductive Rights and Freedoms, Health Care Fraud, Medicare, Medicaid, and other

Government Health Care Programs, Health Care in Correctional Facilities and Penal Institutions, and The

Avian Flu Pandemic.

Students are required to write seminar papers and will have broad latitude in covering subjects not covered

by the whole class. Students are also expected to make class presentations on their paper topics. Seminar

members will learn from each other and will help shape this course. Lively discussion is anticipated.

Seminar: Wyoming Constitution - 2

This course will examine the content of American state constitutions, with particular reference to the

Wyoming Constitution, judicial interpretation of constitutional provisions, and current problems in state

constitutional law.

Skills: Lawyering Skills – 2

Taxation of Business Entities - 3

This course surveys the federal income tax consequences of major events in the existence of business

entities and their owners including formations, contributions, operations, distributions, redemptions, and

liquidations. This course compares taxation of Subchapter C corporations, Subchapter S corporations, and

partnerships. Students will spend significant time on statutory interpretation and along the way consider

policy issues that affect how the taxation of businesses is structured and enforced under the Internal

Revenue Code.

Topics: International Human Rights Law - 3

An examination of norms, institutions and select problems relating to international human rights law. The

course will address civil and political rights questions (including the expanded use of international criminal

law as a means of enforcing universal values), social and economic rights (including access to medicines)

and select group rights issues (including indigenous rights).

Topics: International Oil and Gas Law – 2

Topics: Law Office Management - 1

(10/19/10 - 11/23/10) This course is an introduction to the law office as an operating business, utilizing, in

a practical manner, the legal principals learned in contracts, business organization and ethics classes. In

addition, the course will introduce the student to the functional aspects of law office management such as

fees, billing, timekeeping, accounting, budgeting, payroll and reporting requirements, and facilities

management. Administrative skills such as leadership, delegation, and personnel issues will also be

addressed. Specific software and related skills in the essential operating systems that comprise the modern

law office will be reviewed, including docket control, record and file management, and law firm marketing.

Presenting yourself as a professional, both in the community and with the courts, will also be discussed.

Topics: Natural Resources Law - 3

This course considers the basic legal principles that define Natural Resources Law; Allocation and ownership;

Nature and Rights of Use; Reallocation; and Governance.

Topics: EENR Practicum – 3

Topics: Environmental Policy - 3

This course will explore the nature of environmental policy issues, including the fundamental causes of

environmental problems; how law, science, and economics interact; the normative rationales for protecting

natural resources and the environment; and the influences of politics and bureaucracies. All of these factors

bear on the potential approaches for resolving environmental issues; understanding them is essential to

making informed environmental policy choices. More specifically, the course will examine scientific

uncertainty, market failures, mismatched scales, and other causes of environmental problems; the policy

options (prescriptive regulation, penalties, incentives, property rights, etc.) for addressing these problems;

and issues related to risk assessment and management, the distributional consequences of policy choices,

environmental ethics, and federalism. The course will begin with a historical review of environmental

protection in the U.S., followed by discussions of some basic themes of environmental law, frameworks for

analyzing environmental problems, and choice of policy instruments. The class will then examine how these

factors helped to shape selected federal environmental laws.

Topics: International Human Rights Law - 3

An examination of norms, institutions and select problems relating to international human rights law. The

course will address civil and political rights questions (including the expanded use of international criminal

law as a means of enforcing universal values), social and economic rights (including access to medicines)

and select group rights issues (including indigenous rights).

Trial Practice - 3

Trial Practice is a rigorous learn-by-doing course designed to build courtroom skills. Through a combination

of exercises, lectures, demonstrations, drills and complete trials, students are prepared to advocate before

judges and juries.

The first half of the course focuses on basic examination and exhibit skills, including direct, cross, redirect,

making and responding to objections, and the introduction and use of real and demonstrative evidence. In

the sixth week, students conduct bench trials. The second half of the course builds on the basic skills and

covers advanced ones, including examination of expert witnesses, opening statement, closing argument and

voir dire. Jury trials are conducted in the final two weeks.

Class meets regularly for 4 hours per week except during trial weeks. In-class critiques of student

performances focus on issues arising in an individuals presentation from which the entire class can learn.

Additionally, many of the exercise s are videotaped and students receive individual instruction in private

video-review appointments.

Trusts and Estates - 3

This is a survey course that also serves as an introduction to Estate Planning. The course covers the law of

wills, trusts, and interstate succession. It also includes execution and revocation of wills; creation,

modification, and termination of trusts; problems of construction; restrictions on testate transfers, and

transfers in trust. The course covers some aspects of fiduciary administration, but not taxation.

Water Rights - 3

Water Rights is a study of the allocation and reallocation of water resources with particular emphasis on

prior appropriation systems in the Western United States. Riparian systems and groundwater management

are also addressed, along with interstate conflicts, federal water rights, federal-state relations, and the

effect of environmental laws on water allocation and the exercise of water rights.

Wyoming Legal History - 2

This seminar will afford an opportunity to explore the history and development of Wyoming law and legal

institutions from territorial status in 1868 through statehood in 1890, until the present time.

Using primary and secondary materials, students will examine the work of the Wyoming Legislature and the

Wyoming courts including the Wyoming Supreme Court, other Wyoming courts, and the federal courts in

Wyoming. The development of the legal profession in Wyoming will be studied, together with the careers of

notable Wyoming judges and lawyers.

Particular attention will be devoted to the relationship between Wyoming law and the economic, political and

social activities of Wyoming's people, including the effect of the law upon railroads, ranching, mineral

extraction and tourism. The development of particular areas of substantive law as well as judicial procedure

will be examined. The effectiveness of Wyoming's courts and legislature in creating a legal climate beneficial

to the welfare, happiness and prosperity of Wyoming's citizens will be evaluated.

Top

EENR Pathways

Government

Students interested in a career in energy, environmental, and/or natural resources (EENR) law may find

employment working for government in a wide variety of settings. Some of the most challenging positions

are in the Office of the Solicitor in the Department of the Interior and in the Department of Justice’s Natural

Resources Division (DOJ-NRD). Both offices have honors programs, under which top law students (usually

early in their third year) can obtain entry-level positions. Additional opportunities include assistant U.S.

attorney and staff counsel with other federal offices, including the U.S. Environmental Protection Agency,

U.S. Forest Service, Army Corps of Engineers, Department of Commerce, Department of Energy, etc., as

well as counsel to members of Congress and congressional committees. Challenging positions are also found

at the state level, in attorney general offices, environmental regulatory agencies, and legislative service

offices. At the local level, environmental legal work may be available in county attorney offices and planning

and zoning commissions. In addition, attorneys employed in private practice may find that their clients

include government agencies.

Students interested in working at the federal level would benefit from taking several of the following

courses, depending on their specific interest: Environmental Law, Environmental Law and Policy, ENR

Practicum, Administrative Law, Public Land Law, Mining Law, Natural Resources, Energy Law and Policy, Oil

& Gas Law, Water Law, Energy & Climate Policy, Indian Law, Native American Natural Resources Law,

Agriculture Law, Federal Courts, Legislation, Trial Practice, and Alternative Dispute Resolution. Students

pursuing a state-level position also would benefit from most if not all of the courses just listed, as well as

Land Use and Local Government.

Some federal and state lawyers prosecute white-collar crimes (such as Superfund cleanup fraud, intentional

spills or discharges, etc.) under all the major environmental statutes. Thus, students hoping to work for

DOJ-NRD, in a U.S. attorney office, or in a state attorney general’s office would find Trial Practice and

Criminal Procedure useful. Certain federal careers could benefit from exposure to International Business

Transactions and/or Human Rights.

Students seeking work at the county level would be wise to take Environmental Law and Policy, Land Use,

Public Land Law, Natural Resources, Water Law, Administrative Law, and Local Government. Other courses

to consider include Energy & Climate Policy, ENR Practicum or Civil Pretrial, and Trial Practice.

Those students with an interest in litigation would be well advised to participate in the Pace Environmental

Moot Court competition. First-year students would learn from watching the arguments, while second- and

(especially) third-year students should consider competing. A variety of EENR externships also are available,

although enrollment is usually limited.

Other courses and competitions of potential value to students interested in government practice include:

Business Organizations, Criminal Adjudication, Real Estate Finance, Insurance, Advanced Persuasive Writing,

Law Review, and Independent Study, and the Pence & MacMillan Client Counseling, Philip C. Jessup

International Moot Court, Brown & Drew Moot Court, and Rothgerber, Johnson & Lyons Trial Advocacy

competitions.

Finally, students should keep in mind that they may not find EENR work immediately following graduation.

But excellent, relevant experience can be obtained in many ways, including working for a government

agency, law firm, or NGO, whether on EENR-related or other matters.

EENR Government Sample Schedules

Top

Business

EENR lawyers practice energy, environmental, or natural resources law (or, more often, some combination)

as in-house counsel to businesses or as an associate or partner in a law firm, representing corporate or

government clients.

Energy law practice can be very diverse. The electricity generation industry is extremely dynamic, reflecting

many changes and proposed changes in the laws, the current focus on alternative energy development and

―clean coal‖ technologies, and the overarching influence of climate change and its role in policy formulation.

Energy law practice may involve representation of power producers, regional transmission operators, even

state regulatory agencies; it includes regulatory work (for instance, commenting on and ensuring client

compliance with rules of the Federal Energy Regulatory Commission and those of state regulators and

industrial siting bodies, or participating in rate cases), legislative drafting and lobbying, litigation, and

transactional work (such as negotiating power agreements). Similar opportunities exist in the environmental

and natural resource practice areas, although the pertinent regulatory and management agencies differ. For

instance, environmental practitioners may find themselves attending rulemaking hearings held by the U.S.

Environmental Protection Agency and its state counterparts (for instance, the Wyoming Department of

Environmental Quality) and drafting comments on proposed rules, drafting permit applications, attending

administrative hearings regarding permit acquisition or enforcement actions, or defending clients in toxic

tort actions. A natural resource law practice can involve similar activities involving a variety of federal, state,

tribal, and local agencies and land managers, such as the U.S. Forest Service, Bureau of Land Management,

state lands board, county commissioners, state engineer, oil and gas conservation commission, tribes, etc.

Natural resource law practice—domestic or international—also involves transactional work, negotiating

contracts, leases, and other business arrangements. Working at the international level, of course, entails

dealings with another layer of governmental and corporate actors in the host country.

Students who hope to find employment in the business side of EENR law—whether transactional work,

litigation, or regulatory or legislative counseling—will find the following substantive courses valuable if not

essential: Environmental Law, Environmental Law and Policy, Public Land Law, Mining Law, Natural

Resources, Land Use, Energy & Climate Policy, Oil & Gas Law, Water Law, Indian Law, and Native American

Natural Resources Law. Training in Federal Courts, Administrative Law, and Business Organizations also

would be advantageous. Students most interested in transactional work should consider taking Income

Taxation and Taxation of Business Entities.

Students interested in litigating in this area would find Trial Practice, Criminal Adjudication, and Criminal

Procedure valuable. (Of the latter two, Criminal Procedure would be especially useful.) Training in Criminal

Procedure is useful training for representing defendants in white-collar criminal cases (such as Superfund

cleanup fraud, intentional spills or discharges, etc.), as well as conducting environmental investigations (for

example, concerning non-compliance with regulations). Those interested in international work should

consider taking International Business Transactions and International Human Rights. Local Government

could be an advantage for practitioners engaged in real estate or energy development.

All students with an interest in this area should enroll in the ENR Practicum. Practice skills can be honed

further by taking Trial Practice, Alternative Dispute Resolution, and/or an externship, and by participating in

the Pace Environmental Moot Court; Pence & MacMillan Client Counseling; Rothgerber, Johnson & Lyons Trial

Advocacy; and Brown & Drew Moot Court competitions.

Finally, students should keep in mind that they may not find EENR work immediately following graduation.

But excellent, relevant experience can be obtained in many ways, including working for a government

agency, law firm, or NGO, whether on EENR-related or other matters.

EENR Business Sample Schedules

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Nongovernmental, or Civil Society, Organizations Students interested in a career in energy, environmental, and/or natural resources (EENR) law may find

employment working for a wide variety of nongovernmental, or civil society, organizations (NGOs, or CSOs).

These include local, state, national, and international organizations concerned broadly with the environment

or conservation, as well as others focused on sustainable development, poverty reduction, agricultural

reform and rural development, fair trade, waste recycling, aid and social services (e.g., clean water,

sanitation, waste cleanup, etc.), and conservation or research efforts related to specific resources (e.g.,

wildlife, forests, deserts, freshwater, oceans, coasts). Land trusts, which employ a specialized approach to

conservation, are another example.

Some familiar and not-so-familiar NGOs include: Wyoming Outdoor Council, Montana Environmental

Coalition, Western Resource Advocates, National Wildlife Federation, Natural Resources Defense Council,

National Ground Water Association, The Nature Conservancy, Conservation International, World Wildlife

Foundation, International Institute for Sustainable Development, Resources for the Future, etc.

Lawyers who work for certain NGOs may specialize in litigation, but the practice of many is broader,

encompassing not only litigation but rulemaking (commenting on proposed rules, drafting rulemaking

petitions, etc.), agency monitoring (developing good communications, commenting on environmental

analyses, requesting information, participating in permitting decisions, etc.), land-use decision making (on

private or public lands), lobbying, and/or transactional work (e.g., related to land trusts, land acquisition,

conservation easements, etc.). In litigation, NGO lawyers may represent their organizational client as well as

others, such as private landowners and citizens. They interact with lawyers and nonlegal professionals in

many other sectors, notably government and business. The range of possible issues is immense. A few

examples: proposed mineral or energy development, land subdivision, interbasin water transfers, green or

smart growth, species protection, public forest and rangeland management, sustainable development

projects, etc.

Students interested in working for an NGO would benefit from taking several of the following courses,

depending on their specific subject-matter interest: Environmental Law, Environmental Law and Policy

[a.k.a. Applied E-Law], Administrative Law, Public Land Law, Mining Law, Natural Resources, Energy Law

and Policy, Oil & Gas Law, Water Law, Energy & Climate Policy, Indian Law, Native American Natural

Resources Law, Land Use, Agriculture Law, Land Use, Business Organizations, Real Estate Finance, Local

Government, Federal Courts, and Legislation. Those interested in international work would benefit from

International Human Rights and/or International Business Transactions. Developing advocacy and writing

skills is very important. Recommended opportunities for honing these and other skills include ENR

Practicum, Trial Practice, Alternative Dispute Resolution, and Advanced Persuasive Writing. Externships also

can provide excellent skills training as well as exposure to specific EENR legal issues. Several EENR

externships are available, although enrollment is usually limited.

Those students with an interest in litigation would be well advised to participate in the Pace Environmental

Moot Court competition. First-year students would learn from watching the arguments, while second- and

(especially) third-year students should consider competing.

Other potentially valuable courses and competitions include: Law Review and Independent Study, and the

Pence & MacMillan Client Counseling, Philip C. Jessup International Moot Court, Brown & Drew Moot Court,

and Rothgerber, Johnson & Lyons Trial Advocacy competitions

Finally, students should keep in mind that they may not find EENR work immediately following graduation.

But excellent, relevant experience can be obtained in many ways, including working for a government

agency or a law firm, whether on EENR-related or other matters.

EENR NGO Sample Schedules

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