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First Class Assignments - Fall 2019

Appellate Advocacy - Profs. Manning, Rogers, Smith

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. The reading assignments for the first class 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.

Constitutional Law II - Prof. Bastress

The text for the course is Robert M. Bastress, “The Freedoms of Expression and Conscience,” which is available in the law school bookstore. The assignment for Wednesday, August 21st, is to read Chapter 1 of the text.

Employment Discrimination - Prof. Bastress

The text for the course is SULLIVAN & ZIMMER, CASES AND MATERIALS ON
EMPLOYMENT DISCRIMINATION (Wolters Kluwer 9th ed. 2017). 

The assignment for Wednesday, August 21st, is to read the “Note to Students,” pages xxv-xxxiii, and pages 1-14 of the text.

Lawyers as Leaders - Prof. Bowman

Introduction to Course Subject Matter and Requirements; Introductory Discussion
- Read the entire syllabus—available on TWEN (no password required)
- Bring a hardcopy of news article or book excerpt that you think pertains to leadership in some way. Be prepared to discuss why you think so.
- Read in the Textbook (RHODE & PACKEL, LEADERSHIP FOR LAWYERS (2018): Chapter 1, pages 3-21 and be prepared to discuss.
- Read on TWEN: William Deresiewicz, Solitude and Leadership (redacted) and be prepared to discuss.

Bankruptcy - Prof. Cardi

1. The required materials are: 

The Law of Debtors and Creditors by Warren, Westbrook, Porter & Pottow (7th edition, Wolters Kluwer. 2014).

Materials, Problems, and Forms for State Debtor and Creditor Law and Federal Bankruptcy (Cardi 2019). 

Selected West Virginia Statutes on Debtors and Creditors (Cardi) (available on TWEN). 

Federal Bankruptcy Code (Any clean copy published since 2010. You may bring the Code into the final exam with anything you have handwritten on it.) 

The Warren, Westbrook, Porter & Pottow casebook and the Federal Bankruptcy Code will not be needed until the fourth week of class. 

2. There is no assignment for the first day of class.

Contracts - Prof. Cardi

1. The required text is: Contract and Related Obligation by Summers, Hillman, and Hoffman, 7th Ed., 2016.

2. For the first class, read pages 3 to 19 in the casebook and be prepared to discuss the materials.

Business Transaction Drafting - Prof. Cowan

All references are to George W. Kuney & Donna C. Looper, LEGAL DRAFTING: Process, Techniques, and Exercises (3 rd Edition) (West Academic Publishing, 2017)

Preface (pp. iii-v); Chapter 1: A Philosophy of Drafting (pp. 3-1 8) 

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: Two short drafting assignments will be handed out in class. These assignments are due on Tuesday, August 27.

Energy Law - Prof. Cowan

All references are to Eisen, Hammond, Rossi, Spence, Weaver & Wiseman, ENERGY, ECONOMICS AND THE ENVIRONMENT: Cases and Materials (Fourth Edition) (Foundation Press 2015)

Chapter 1. Introduction: Themes in Energy Law

The Importance of Energy
1. Energy Resources and Demand
2. The Eras of Energy Law

A. Recurring Themes in Energy Law

1. Ownership of Energy Resources
2. Monopoly vs. Competition
3. Managing Energy Externalities and Risks
4. Public Governance of Energy Resources 

B. Towards a Portfolio of Energy Strategies 

Reading Assignment: Chapter l (pp. 1-27)

Professional Responsibility - Prof. Cyphert

Please read pages 1-17 (the introduction) of the Lerman-Shrag book (the required text) and the preamble and scope of the model rules (pages 5-8 in the 2019-2020 edition of the suggested supplement, if you purchased it).

Jurisprudence - Prof. Lofaso

Required textbook:

First class assignment:

Read GBLW 1–17; Read UNITED STATES CONSTITUTION, available at The class discussion will focus on comparing and analyzing the ancient laws of Mesopotamia and the United States Constitution. Think critically about the differences in structure and substance among these laws with a mind toward answering the question, what is law? 

Recommended videos:
History Channel Documentary on Ancient Mesopotamia (50 minutes), or Crash Course World History—Mesopotamia (12 minutes),

Labor Law - Prof. Lofaso

Required textbooks: 
Harris, Slater, Lofaso, & Garden, MODERN LABOR LAW IN THE PRIVATE & PUBLIC SECTORS: CASES AND MATERIALS (2d edition) (HSLG) and 2019 supplement (available on TWEN).

Recommended study aid:

First class assignment: 
Read HSLG 1–35

Introduction to Consumer Law - Prof. Marshall

See TWEN website for Introduction to Consumer Law

Evidence - Prof. McDiarmid

8/22/19–Rules 101, 102, 103, 1101 and 1102: Twen site flowcharts: unforeseen, foreseen by one side, and foreseen by both sides; Mueller, Kirkpatrick & Richter, Evidence, 6th Edition (ISBN: 978-1-4548-9072-0) (hereafter MKR), 1-32; for all students who have not observed an actual trial, read, on reserve in the Library, Mauet, Fundamentals of Trial Technique, chapter 1.

When one or more rules are the topic of discussion, you must read those Rules and the Advisory Committee Notes which accompany them. The text of the Rules and the Advisory Committee Notes are found at the Cornell Legal Information Institute at So for today's assignment, in addition to the pages listed above, you should read the Rules 101, 102, 103, 1101 and 1102 together with their Advisory Committee notes from LII.  There will be discussion from time to time of the West Virginia Rules of Evidence.  Those rules can be found at  West Virginia Code citations can be found of the Legislature website:

Administrative Law - Prof. McGinley

In Course book: Strauss, Rakoff, Metzger, Barron & O’Connell, Gellhorn and Byse's Administrative Law, Cases and Comments, 12th Ed. (Foundation Press, 2018), In Chapter I - An Introduction to Administrative Law, Read first:
Section 4 - A Note on Teaching and Studying Administrative Law 48 – 49. 

Then read and be prepared to discuss in class:

Section 2 - The Basics, pp. 21-31 - Frequently Asked Questions (an overview and for preparation for your studies of Administrative law this semester. These questions and brief answers provide an overview of much of what you will read and will be discussed during the semester. You should have gained some insight into the issues raised by these questions in your first year Leg-Reg course and from other things you have learned and courses you have taken relating to American government.)    

This first class is intended to provide an introduction and overview of the course.
For this first class: Please identify a current federal, state or local administrative law issue that is currently a focus of media reporting and forward to Professor McGinley ( a one or two sentence summary of the issue you select and an accompanying link to the media reporting.

Environmental Justice Seminar - Prof. McGinley

Discussion of Environmental Justice themes and requirements of the course; Cancer Alley Louisiana, Shintech and the Tulane Environmental Law Clinic; Read: Robert R. Kuehn, Bridget M. McCormack "Lessons From Forty Years Of Interference In Law School Clinics,"" 24 GEOJLE 59 (2011)(Georgetown Journal of Legal Ethics); In-class Video: “Justice for Sale” (August 21).

Intro to Legal Research - Prof. Osborne

Sloan, Chapter 2
Cultural Property – Gerstenblith; class 1 – 103 -119; class 2 – 138-184.

Civil Procedure: Rules - Prof. Rhee

Required materials: 

Joseph W. Glannon, Andrew M. Perlman, & Peter Raven-Hansen, Civil Procedure: A Coursebook (3d ed. 2017 & Supp. 2019) (“Coursebook”), ISBN 9781454881421., 2019 Federal Civil Rules Booklet (2019), ISBN 9781934852354 (“Rulesbook”).
American Law Institute-American Bar Association Committee on Continuing Professional Education, Skills and Ethics in the Practice of Law (2d ed. 2000), ISBN 2819770161419 (“S&E”).

David Benjamin Oppenheimer, Molly Leiwant, and Sam Wheeler, Patt v. Donner: A Simulated Casefile for Learning Civil Procedure (2d ed. 2014), ISBN 9781683288886 (“PvD”). 

First Class Assignment: 

· Enroll in the class TWEN page. I shall post PDFs of the first week’s readings under the “Course Materials” tab for those of you who are waiting for your books to arrive.
· Read the syllabus (handed out on Friday and posted on TWEN under the “Syllabus” tab) carefully and bring any questions to class.
· Read Coursebook, Chapter 1: An Introduction to American Courts, and Chapter 2: A Description of the Litigation Process and Sources of Procedural Law.
· Bring a device (e.g., laptop, smart phone) on which you can access a webpage using the College of Law’s wireless internet. If you don’t have access to such a device, let me know and I shall obtain one for you to use. 

Questions? Feel free to email me at Thank you.

Second Amendment Seminar - Prof. Rhee

Required books: 

Firearms Law and the Second Amendment: Regulation, Rights, and Policy (Nicholas J. Johnson, David B. Kopel, George A. Mocsary & Michael P. O’Shea, eds. Aspen Publishers, 2018 & Supp. 2019), ISBN 9781454892663 (“Casebook”). I shall post the supplement on the course TWEN page. 

Stephen V. Armstrong & Timothy P. Terrell, Thinking Like a Writer: A Lawyer’s Guide to Effective Writing and Editing (Practicing Law Institute 3d ed. 2009) (also available online for free through Bloomberg Law), ISBN 9781402411281 (“TLAW”). You can purchase a copy or use the online Bloomberg Law version.  

First Class Assignment:

· Read Casebook, Chapter 10: "The Supreme Court Affirms an Individual Right to Arms." Focus on Heller and McDonald. Be prepared to tell the class your working paper topic. For starters, think of how weapons/firearms might intersect with any area of law in which you are interested. Law can be defined quite broadly. Although you can write a traditional law reform paper concerning legal doctrine, feel free to examine more interdisciplinary legal topics beyond the formal “law in the books.” For example, a paper about how Hollywood depictions of armed vigilantes have influenced firearms regulation (a topic I just made up without any previous research) would be an acceptable paper topic provided your final paper satisfied the class requirements.
· Enroll in the class TWEN page.
· Try to obtain the Casebook by the first class. I shall post a PDF of the first week’s readings on the TWEN page to give you until the second week to obtain the Casebook. 

Questions? Feel free to email me at Thank you.

Water Law - Prof. Richardson

The textbook for the class is Thompson, Leshy, Abrams and Zellmer, Legal Control of Water Resources: Cases and Materials (6th Ed. 2018).

Thompson, Leshy, Abrams and Zellmer, Introduction to Water Resources, pp. 1-25

Wealth Transfers - Prof. Rogers

Check TWEN for class reading.

Trial Advocacy - Prof. Starcher

Introduction to Trial Advocacy
The Makings of a Trial Lawyer: Mauet, Ch. 1; Ch. 11, only read §§11.6, 11.7, 11.8, 11.9, 11.16

Intro to Legal Research - Prof. N. Stump

Sloan, Chapter 2

Criminal Procedure I: Investigation - Prof. Taylor

Check your email. Professor Taylor has sent the first assignment for this class to the mix email accounts of all the students currently registered for the course.

LARW - Prof. Temple

Course Introduction

(1) The first week of the LARW Syllabus and skim the remaining weeks.
(2) Course Policies (posted on TWEN).

Legal Writing, the Formal Office Memorandum of Law, and CReAC

(1) A Lawyer Writes, Introduction, chapter 1, and Appendix A.
(2) CReAC and the Legal Syllogism [TWEN Course Materials]. 

Remember to print and bring to class all TWEN Course Materials. 

Note: This class will introduce the office memorandum, which will be the basis of both graded writing assignments this semester. In addition, this class will introduce the legal syllogism and CReAC, the legal-analysis paradigm that provides the organizational structure for an office memorandum.

Review: Steinberg case file [TWEN Course Materials]

Most of the writing exercises that we will do for class this semester will involve drafting various parts of an office memorandum analyzing whether there is sufficient evidence to convict Ezra Steinberg of carrying a concealed weapon. The Steinberg case file consists of a file memorandum that sets forth the relevant facts and a research file consisting of two statutes, some legislative history, and several edited cases. Begin reading and briefing the cases now. For Class 3, you should be familiar with the Steinberg facts and be prepared to classify the authorities in the research file (primary or secondary; mandatory or persuasive). For Class 5, you should be prepared to chart the cases using your case briefs.

Criminal Law - Prof. Trychta

The required textbook for this class is “Criminal Law: Problems, Statutes, and Cases” by Professor Kevin McMunigal. ISBN 978-1-5310-0401-9. Before the first class, please read Chapter 1 (pages 1-21). You don’t need to memorize all this information, but you should become familiar with the material, generally. We will not overtly discuss this information in class during the first week, but the topics will come up periodically throughout the semester. Then, read and brief pages 75-97. Bring a paper copy of your Khaliq & Keeler case briefs with you to class on Thursday. Finally, register for the “Criminal Law (Trychta)” coursepage on TWEN. You will find the full syllabus on TWEN.

Performance Test Workshop Online - Prof. Trychta

This is an online self-paced course, using the E-campus platform. If you are properly registered for the course, the course (named Law 664) should automatically appear on your e-campus page on the first day of classes, August 21. We will be using Rigos Multistate Performance Test Review 2019 edition, ISBN-13: 978-1973778820. You will need the book IN PRINT, as you’ll be expected to write in and markup the book regularly. A digital copy is not going to work for this course. The first graded course assignments will be due on September 1, so you’ll want to make sure that you look over the syllabus and begin working on your assignments during the first week of classes.

Child and Family Law Clinic - Prof. Weise

  • August 22, 2019 - Client Interviewing (preparing for and conducting client interviews).

  • Read Chapter 8, Interviewing the Client, Stefan H. Krieger and Richard K. Neumann, Jr., Essential Lawyering Skills (5th Ed. 2015).

Family Law - Prof. Weise

Chapter 1 - What is Family Law?

  • Abrams, pp. 1-20 (prepare answers to the questions in Problem 1-1, p. 4).

    • Family Law Practice
  • Abrams, pp. 61-63

Torts I - Prof. Weishart

Basic Tort Law, pp. 1-14
& Syllabus

Tax I - Prof. Wilson

First Day Assignment:

- Sign up for TWEN
- Read the Syllabus
- Tax Policy Reading on TWEN/Course Materials
- D&T pp. 1-16
- Code Section 1, especially Section 1(a)-(f), (i), (j), and (h) if you are brave.

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