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First Assignments - Spring 2019

Appellate Advocacy - Profs. Aloi, Cyphert, Rogers

  1. The texts for this course are Beazley, A Practical Guide to Appellate Advocacy (4th ed.), and Scalia and Garner, Making Your Case
  2. Register on the TWEN site for your section of App. Ad. [The TWEN site will be accessible on Thursday, January 3.] 
  3. Download the syllabus from TWEN. 
  4. Read the Introduction, and pages 1-16 and 35-66 in A Practical Guide to Appellate Advocacy
  5. Additional reading assignments are listed in the syllabus. The material for these reading assignments are on TWEN (under Course Materials or Assignments) or are available through the TWEN Web Links.

Constitutional Law - Prof. Bastress

The text for the course is Stone, Seidman, Sunstein, Tushnet, & Karlan, “Constitutional Law” (8th ed. 2018). The assignment for Tuesday, January 8 is to read pages 1-33 of the text and to peruse the Constitution, which is reproduced at pages xxxix-liii of the text.

West Virginia Constitutional Law - Prof. Bastress

For Tuesday January 8, 2019, read Chapter 1 of Cases and Materials on West Virginia Constitutional Law, which is on sale at the bookstore. In addition, skim the West Virginia Constitution, which is reprinted in your text and can also be found in any copy of the West Virginia Blue Book and in Volume 1 of Michie’s West Virginia Code.

Health Care Law - Prof. Blake

For Tuesday (Jan 8), please read the following two articles. Both are available on TWEN in the Health Law course page.

Legislation and Regulation - Prof. Blake

For the first class (Tuesday, Jan. 8) please read:

  • Jellum: pg. 3-5, pg. 10-17 (we’ll discuss hypo question in class) 
  • If you'd like to read ahead for Thursday's class: Jellum: pg. 27-47

Administrative Law - Prof. Bowman

Assignment A1: Definition of the term “Agency”; Legislative History Overview


  • Course syllabus
  • Casebook Casebook (Gary Lawson, Federal Administrative Law, 8th ed.): Preface (pp. v-x), Pages 1-12, and pages 41-51

Contracts II - Prof. Cardi

The casebook for the course is Contract and Related Obligation (7th ed.) by Summers, Hillman, and Hoffman.

There is no assignment for the first class.

Sales and Secured Transactions - Prof. Cardi

The books for the course are any clean (unwritten-in) copy of the Uniform Commercial Code (after 2015) and Problems and Materials in Sales and Secured Transactions by Cardi.

For the first class, please read pages 1-14 and be prepared to answer problems 1-4 and 7-9. Carefully review Problem 6, but you do not need to answer it. We will walk through Problem 6 in class.

Issues in Energy Law (seminar) - Prof. J. Fershee

Business Organizations - Prof. J. Fershee

  • Read Chapters 1 & 2 in Unincorporated Business Entities, 5th ed., LexisNexis, (Ribstein, Lipshaw, Miller, and Fershee) (“UBE”). Chapter 1, Corporate Law (Bainbridge, 2d ed.) (“Bainbridge").
  • Create a new (fictional) LLC by filing out the West Virginia LLC forms posted on the TWEN site (please bring this to class). Make up anything you need to, but have a reason for your decisions.

Professional Responsibility - Prof. K. Fershee

Introduction to the Course, Rita’s Case


  • Rhode, Luban, Cummings, and Engstrom 1-34 
  • Martyn, Fox, and Wendel: Preamble and scope

Civil Procedure - Prof. K. Fershee

How did the Supreme Court conceptualize the constitutional limits of personal jurisdiction of courts in the late nineteenth and early twentieth centuries? Why do you think the Court’s approach became increasingly difficult to maintain during this period?

Assignment: Friedenthal, 77-88 ( Pennoyer)

Criminal Procedure 1: Investigation – Judge Johnston

We will be utilizing the following textbook: Dressler and Thomas, Criminal Procedure: Principles, Policies, and Perspectives (West 6th ed. 2017) or its softcover, Crim-Pro-I only version entitled Criminal Procedure: Investigating Crime. The page numbers are the same in both editions. For the first class on January 11, read Chapter 1, pp. 11-21, 38-49, 63-69 and Chapter 2. The full syllabus will be distributed in paper format during the first class.

Legal Analysis, Research, and Writing - Prof. Krech

  1. Read A Lawyer Writes, chapter 19, part I (pp. 305-07). 
  2. Read Ten Steps to Effective Advocacy (TWEN Course Materials).
  3. Read The Litigation Timeline (TWEN Course Materials). 

Child Protection and the Law - Prof. Lyons

Santosky v. Kramer, 455 U.S. 745 (1982) Westlaw or other online source.

Stanley v. Illinois, 405 U.S. 645 (1972) Westlaw or other online source.

In the Matter of Ronald Lee Willis, 207 S.E.2d 129 (W. Va. 1973), A & N Benchbook.

At no charge, the 2017 Abuse and Neglect Benchbook may be downloaded from the West Virginia Supreme Court website at at the Child Abuse and Neglect tab under Public Resources. It is 4,700 pages so don’t print it.

Anatomy of a Consumer Case - Prof. Marshall

READING: Mark E. Budnitz, The Development of Consumer Protection Law, the Institutionalization of Consumerism, and Future Prospects and Perils, 26 Ga. St. U. L. Rev. 1147 (2010); W. Va. Code §§ 46A-6-101 to -106; W. Va. Code § 46A-2-127.

IN-CLASS EXERCISE: You will be asked to identify and discuss examples of how consumer law has impacted you or someone you know.

ASSIGNMENT [due in class on January 18, 2019]: Prepare a list of questions that you would like answered regarding each case study.

Property Law – Prof. Peck

For Monday, January 7:

  • Bring to class 1 deed or other document for transfer of real property other than a lease. You might find it interesting to ask a family member for a copy of a deed by which they acquired property currently in your family, but this is not required. Read the document and note any unfamiliar terms. 
  • Read and brief the cases on pp. 505-13 in French Korngold, Cases and Texts on Property (6th ed.). 
  • Read the West Virginia case of Lowther v. Lowther, available on the course TWEN page in the folder called “WV Law.” In that same folder, you will find a document called “Selected WV Statutes.” 
  • Read § 36-1-5 carefully. Print a hard copy of this document and bring it with you to every class. 
  • Computer use is not permitted during class. You will not need it.

Civil Procedure: Jurisdiction - Prof. Rhee

No new books.

No homework for first day of class.

Dispute Resolution - Prof. Rhee

Books and Supplemental Readings

Jay Folberg, Dwight Golann, Thomas J Stipanowich, and Lisa A Kloppenberg, Resolving Disputes: Theory, Practice, and Law (3d ed. 2016) (ISBN 9781454838746) (“Folberg”). This is our primary coursebook.

Rhonda Muir, Beyond Smart: Lawyering with Emotional Intelligence (2017) (ISBN 9781634259163) (“Muir”). This book is your primary source for learning emotional intelligence, a key concept not explicitly taught in traditional legal education.

Michael L. Moffitt and Andrea Kupfer Schneider, Examples & Explanations: Dispute Resolution (3d ed. 2014) (“E&E”). The Folberg coursebook comes with free one-year digital access to E&E. We shall complete these concise review questions and answers at the end of every relevant instructional unit. You will see some of these questions again on the final examination.

The West Education Network (TWEN) “Dispute Resolution” Webpage:

Please enroll in the Spring 2019 The West Education Network (TWEN) “Dispute Resolution” webpage. You can find this TWEN page under Professor Rhee’s name. Supplemental readings will be posted on this TWEN page in PDF or Word formats.

Homework for Monday, January 7, 2019

Read Folberg, Chp. 1, pp. 1-22. Available as a PDF under “Course Materials” on the TWEN page.

Land Use and Resilience - Prof. Richardson

  • Introduction and Overview:  Nolan & Slakin (textbook), pp. 1-5, 67-79
  • Sustainability v. Resilience: "The End of Sustainability" by Benson and Craig

Advanced Legal Research - Prof. Stump

Reading Week 1:

Where the Law Is: An Introduction to Advanced Legal Research, 5th ed., Armstrong, Knott & Witt – Chapter 1; Under Course Materials on TWEN – "Online Search Techniques"

Legal Reasoning, Research, and Writing 2 - Prof. Temple

Introduction to Persuasive Writing

  • Read:  Lawyer Writes,chapter 19, part I (pp. 305–07). 
  • Read: Ten Steps to Effective Advocacy (TWEN Course Materials).

The Litigation Timeline and the Importance of Procedural Posture

  • Read:The Litigation Timeline and the Importance of Procedural Posture

Evidence - Prof. Trychta

Students should sign up for the “Evidence” TWEN page, review the syllabus posted to the TWEN page, purchase the textbooks, and read chapters 1-5 for the first day of class.

MBE Skills Workshop (aka Bar Prep) - Prof. Trychta

This is a flipped classroom course, relying heavily on the use of the e-campus page and Themis online program. Therefore, for the first week of class, you should:

  • Register and pay for the Themis online course materials. Themis will email you directly with a link with instructions on how to register for the course. I will distribute the textbooks in class to those students who have properly registered online. 
  • Familiarize yourself with the course’s E-campus page, called Law 667. Caveat: The e-campus page might not be available until Monday, January 7, per university policy. 
  • Review the syllabus posted to e-campus.
  • Review your 2L diagnostic scores.

Federal Courts - Prof. Weishart

Chemerinsky, pp. 1-11

U.S. Const. art. III, pp. 1044-45

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