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First Assignments - Spring 2020

Keep checking back. Assignments are being added as they come in from faculty.


Introduction to Wealth Transfer Tax - Professor Allevato

The required texts for this course are: 

-Rhodes, Fundamentals of Federal Estate, Gift and Generation-Skipping
- Taxes (West Academic 2017)
-Yamamoto, Federal Transfer Taxes: Code and Regulations (Foundation Press 2019)

For the first class, read pages 3-10; 19-27; 32 (note 2); 40-45; be prepared to discuss Study Questions on p. 45. We will also discuss wealth taxation in general. For every Internal Revenue Code section referenced in the text, review and study the Code itself and the underlying Regulations.


Appellate Advcocacy - Professors Aloi and Rogers


1.The two required texts for this course are: (1) Beazley, "A Practical Guide to Appellate Advocacy" (5th ed.), and (2) Scalia and Garner, "Making Your Case, The Art of Persuading Judges."
2. Register on the TWEN site for your section of Appellate Advocacy.
3. Download the syllabus from TWEN.
4. Complete the reading assignments for the first class that are listed in the syllabus. The material for these reading assignments are in the required texts, on TWEN (under Course Materials or Assignments), or are available through the TWEN Web Links.


Con Law 1 - Professor Bastress

The text for the course is Stone, Seidman, Sunstein, Tushnet, & Karlan, “Constitutional Law” (8th ed. 2018). The assignment for Tuesday, January 14th is to read pages 1-33 of the text and to peruse the Constitution, which is reproduced at pages xxxix-liii of the text.


State Local Government Law - Professor Bastress

The text for the course is BRIFFAULT & REYNOLDS, STATE AND LOCAL GOVERNMENT LAW (8th ed. 2016). The assignment for Tuesday, January 14th is to read pages 17-53.


Legislation and Regulation - Professor Blake

The syllabus is available on TWEN. Please read the following for Monday's class.

-Jellum: pg. 3-5, pg. 10-17 (we’ll discuss hypo question in class)

If you'd like to read ahead for Wednesday's class, please read:

-Jellum: pg. 27-47


Health Care Torts - Professor Blake

Please read the following for Monday's class. Both readings are provided on the TWEN page in the course materials tab.

-Lenny Bernstein, Once Again, U.S. Has Most Expensive, Least Effective Health Care System in Survey, WASH. POST, Jun. 16, 2014
- The Problem of Medical Error (excerpt from Furrow, 7th ed.) (note this is from the old textbook so the reading is provided on TWEN)

If you'd like to read ahead for Wednesday, please read:

-Excerpts from WV Medical Practice Act (TWEN)(skim)
-Furrow, pg. 55-73


Commercial and Business Law - Professor Cardi

-There are no required materials for the course.
-There is no assignment for the first class, which meets on January 13.


Sales and Secured Transactions - Professor Cardi

1. The required materials are Problems and Materials for Sales and Secured Transactions by Cardi, and the Uniform Commercial Code.

You may bring into the examination the UCC and anything handwritten in it by you. For this reason, you must purchase a UCC that has not been written in by anyone else.

2. For the first class, please read pages 1-14 in the book, the relevant Code sections, and be prepared to answer Problems 1-4 and 6-12 in class.


Business Transaction Drafting - Professor Cowan

Introduction 

-Preface (pp. iii-v); Chapter 1: A Philosophy of Drafting (pp. 3-18)
- Exercise 3 (p. 111): This exercise only asks you to think about the story from a drafter’s perspective. You are not asked to draft anything.
-Drafting Assignment: A short drafting assignment will be handed out in class. This assignment is due on Thursday, January 16.


Transactional Skills - Professor Cowan

Course Casebooks:

-Richard K. Neumann, Jr., TRANSACTIONAL LAWYERING SKILLS – Client Interviewing, Counseling, and Negotiation (Wolters Kluwer, 2013) (“Neumann”)
-Alicia Alvarez & Paul R. Tremblay, Introduction to TRANSACTIONAL LAWYERING PRACTICE (West, 2013) (“Alvarez”)

Reading Assignment

Neumann (pp. 1-34)

Chapter 1. Transactional Lawyering
Chapter 2. Becoming a Professional
Chapter 3. Problem-Solving and Problem-Prevention
Chapter 4. Oral Communication Skills

Alvarez (pp. 1-19)

Chapter 1. An Introduction to Transactional Practice
I. What Do We Mean by Transactional Practice?
II. The Kinds of Projects Transactional Lawyers Oversee
III. The Nature of Your Work
IV. What You Add to Your Clients’ Endeavors
V. The Benefits of Transactional Experiential Learning in Law School

Class Discussion:

The Transactional Lawyer: Introduction; Role of the Transactional Lawyer; Transactional Competency for the Deal Lawyer; Understandin Business Essentials; Deal Sense; Thinking Like a Deal Lawyer.

Clients: Advising Clients; What Clients Want from Their Lawyers; Communications with Your Client and the Attorney-Client Privilege; How to Work Better with Clients; The Art of Business Lawyering.


Civil Procedure: Jurisdiction - Professor Lofaso

Introduction, Personal Jurisdiction—Origins
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)


Employment Law - Professor Lofaso

Crain, Kim, & Selmi, WORK LAW: CASES AND MATERIALS (3RD EDITION) (CKS)
Read CKS pp. 1-41


Law and Socieconomics - Professor Lofaso

Lynne L. Dallas, LAW AND PUBLIC POLICY: A SOCIOECONOMIC APPROACH. (Carolina Academic Press) (Dallas)
Read Dallas, chapter 1, Introduction to Law and Socioeconomics, pp. 3–35


Child Protection and the Law - Professor 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 2018 Abuse and Neglect Benchbook may be downloaded from the West Virginia Supreme Court website at the Child Abuse and Neglect tab under Public Resources:  http://www.courtswv.gov/public-resources/2017-AandN-Benchbook.pdf. It is 4,700 pages so don’t print it.


Anatomy of a Consumer Case - Professor Marshall

Assignment(s) will be posted on TWEN by January 13.


Property - Professor Peck

No reading assignment. We’ll do plenty of that later.

If you want to prepare, here’s a way to start thinking about why being a property lawyer matters: Think of a piece of real property that is especially important to you or your family. It doesn’t have to be one you own, just one you care about. (For example, if I were doing this assignment I might use the rail-trail near my house in Morgantown.) If you’re there or nearby right now, you might want to go to that property, walk around it, and take video with your phone, describing why it’s important to you. (Be sure you’re not trespassing, of course.) In addition, speculate out loud about one or two property rights questions that might have affected your or your family’s relationship with the property (shared ownership? transfers? severance of subsurface interests? public use rights?). No need to know any answers now – that’s what this course is for. Just questions are fine right now. This exercise will become an assignment (pass/fail) that will be due in February, and we’ll talk about it during our first class meeting.


Land Use and Resilience Law - Professor Richardson

-Introduction and Overview: Nolon & Salkin, pp. 1-5, 67-79.
-Sustainability v. Resilience: “The End of Sustainability” by Benson and Craig (TWEN).


Civil Procedure: Jurisdiction - Professor Rhee


- No new books to purchase.
- For 1/13/20 Class: Read U.S. Constitution, Article III, §§ 1-2, [1]; Amendment X to the US Constitution; 28 U.S.C. §§ 1331, 1332(a); Coursebook, Chapter 3, pp. 41-52.
- If you have any questions, please email me at william.rhee@mail.wvu.edu. Thank you.


Dispute Resolution - Professor Rhee

Required Books:

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. It is also on course reserve in the library.

Michael L. Moffitt and Andrea Kupfer Schneider, "Examples & Explanations: Dispute Resolution" (4th ed. 2020) (“E&E”). The Folberg coursebook comes with free one-year digital access to E&E. It is also on course reserve in the library. 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 

For 1/13/20 Class:

- Please enroll in the Spring 2020 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.

- Please bring a device that can access the internet (a Smartphone, tablet, or laptop). If you don’t have access to one, let Prof. Rhee know.

- Complete these two VitalSmarts online assessments:
1. Crucial Conversations Your Style Under Stress Assessment at https://www.vitalsmarts.com/styleunderstress/.
2. Crucial Accountability Self-Assessment at https://www.vitalsmarts.com/whatwouldyoudo/.

- Printout/save your results and bring them to class.

If you have any questions, please email me at william.rhee@mail.wvu.edu. Thank you.


Advanced Legal Research - Professor N. Stump

Reading — Armstrong & Knott: Chapter 1. Under "Course Materials" on TWEN – Online Search Techniques (skim only).


Con Law I - Professor Taylor

Professor Taylor sent information about the first day of class to your MIX account on January 6. If you registered for the class after that day, please email him at john.taylor@mail.wvu.edu.


Religion and the Constitution - Professor Taylor

Professor Taylor sent information about the first day of class to your MIX account on January 6. If you registered for the class after that day, please email him at john.taylor@mail.wvu.edu.


Pre-Trial Litigation - Professor Scudiere

Read pages 1 to 83 in PRETRIAL (Mauet).
See you January 13 at 5:30!


Evidence - Professor Trychta

Before the first class,

- Buy the textbook, “Learning Evidence” by Merritt and Simmons (4th edition);
- Review the syllabus which was sent Dec. 31 via email and is available on e-campus;
- Download a copy of the federal rules of evidence from the internet;
- Read Chapters 1-5 in the textbook; and
- Make sure you can login to e-campus, as I will be using e-campus (not TWEN) to distribute class materials and administer quizzes.


MBE Bar Prep - Professor Trychta

We will be using a combination of e-campus modules and Themis modules for this entirely online course. For the first week,

-Signup and pay for your Themis course (around $70) This is not the same thing as a summer bar course; rather this is a special program made specifically to coincide with our 2 credit bar class. You will still need to figure out which vendor you wish to use for summer study and purchase their summer course, if you haven’t already done so.
- Pickup your Themis outline book at my office.
- Review the syllabus module and introductory module on e-campus, paying special attention to the course deadlines worksheet.


Legislation and Regulation - Professor Van Nonstrand

The syllabus is posted to the TWEN site for the class.

The casebook we will be using is THE REGULATORY STATE, Bressman, Rubin and Stack (Aspen Publishers, 3rd Edition, 2020). For the first class, please read pages 1-24 of the casebook. In addition, as noted in the syllabus, I prepare a few Discussion Questions for each class that we use to draw out some of the key themes in the reading assignments and to stimulate classroom discussion. The Discussion Questions for Monday’s class will be posted to TWEN no later than Saturday, January 11.


Renewable Energy and Alternative Fuels - Professor Van Nostrand

The syllabus for the course is posted to the TWEN site.

The primary material for the first part of the course will be a book by Russell Gold, THE SUPERPOWER: ONE MAN’S QUEST TO TRANSFORM AMERICAN ENERGY (Simon & Schuster, 2019). For the first class, please read Chapter One. In addition, as noted in the syllabus, I prepare a few Discussion Questions for each class that we use to draw out some of the key themes in the reading assignments and to stimulate classroom discussion. The Discussion Questions for Monday’s class will be posted to TWEN no later than Saturday, January 11.


Federal Courts - Professor Weishart

Chemerinsky, "Federal Jurisdiction" (7th ed.), pp. 1-11


Schools, Race, Money and More - Professor Weishart

David F. Labaree, Public Goods, Private Goods: The American Struggle over Educational Goals , 34 Am. Educ. Res. J. 39, 39-74 (1997)

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