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First Class Assignments - Spring 2022

Assignments are posted as they come in, so check back often.

Appellate Advocacy - Profs. Cyphert, Pizzo, Rogers

  1. The two required texts for this course are (1) Beazley, A Practical Guide to Appellate Advocacy (5th ed. 2019), and (2) Scalia and Garner, Making Your Case, The Art of Persuading Judges.
  2. The reading assignments for the first class are listed in the Class 1 Folder in the Schedule of Classes on the eCampus course website. Reading assignments that are not in the required texts are linked to the material in the Class 1 Folder.
  3. If you have any questions about, or issues with, the eCampus course website, please email Prof. Krech (

Professional Responsibility - Prof. Aloi

Introduction to the course - review of syllabus and course procedure.

Read Chapter 1 of the textbook The Legal Profession: Bar Admission, History, and Diversity. Pay particular attention to the problems in Chapter 1-1 “Adderall” and 1-2” Doctored Resume”.  Also read the Preamble and Scope of the “Model Rules of Professional Responsibility”.

Constitutional Law I - Prof. Bastress

The text for the course is Stone, Seidman, Sunstein, Tushnet, & Karlan, Constitutional Law  (8th ed. 2018). The assignment for Monday, January 10th 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 and Local Government Law - Prof. Bastress

The text for the course is Briffault, Reynolds, Davidson, Scharff, & Su, STATE AND LOCAL GOVERNMENT LAW (9th ed. 2022). The assignment for Monday, January 10th is to read pages 17-54. The materials assigned set forth basic concepts that we will encounter throughout the course.

Health Care Law - Prof. Blake

Kaiser Health News, Bill of the Month, Heartbreaking Bills, Lawsuit, and Bankruptcy- Even With Insurance, Sept. 25, 2020,

Reid T.R.,  The Healing of America. Penguin Press 2009 (excerpt).

Legislation and Regulation - Prof. Blake

For the first class, please read Jellum 2021: pg. 3-13, 18-29. If you have a 2016 copy of Jellum, please read pg. 3-5, 10-17. (I have designed the course so you can use either 2016 or 2021 versions. I’ll have a syllabi for each, so people with older books will know which corresponding pages to read).

Commercial and Business Law - Prof. Cardi

- Class will meet on Monday, January 10, from 3:00-4:55 pm in Room 161.
- There is no assignment for the first class.
- The materials needed for the classes will be distributed electronically or in class throughout the semester.

Sales and Secured Transactions - Prof. Cardi

- 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 acquire a UCC that has not been written in by anyone else.
- For the first class, please read pages 1-14 in the Materials book and the relevant Code sections. Be prepared to answer Problems 1-4 and 6-12 in class.

Constitutional Law - Prof. Lofaso

  1. Sign up for my course site on TWEN.
  2. Purchase the required books: Chemerinsky, Constitutional Law (6th Edition) and supplement. 
  3. First class (Mon. 1/10) reading assignment: Read Syllabus (posted on TWEN); Chemerinsky xxxix–lv, 1–33. 
  4. Second class (Wed. 1/12) reading assignment: Read Chemerinsky 11–40. 
  5. Third class (Wed. 1/14) reading assignment: Read Chemerinsky 40–66.

Employment Law - Prof. Lofaso

  1. Sign up for TWEN.
  2. Read the Syllabus and Ground Rules posted on TWEN.
  3. Purchase the required book, Crain, Kim, Selmi, & Rogers, Work Law: Cases and Materials (4th Edition). 
  4. Please read pp. 3-45 in Crain, Kim, Selmi, & Rogers, Work Law: Cases and Materials (4th Edition). There is only one main case covered in these 42 pages (Lochner), which you’ve already read in 1L Con Law, so the reading is not onerous.

Child Protection and the Law - Prof. Lyons

The required text is the Child Abuse and Neglect Benchbook which is available for free download from the West Virginia Supreme Court website:

On Tuesday, January 11, 2022, please read the following cases:
- 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)

International Human Rights - Prof. Martin

No assignments (Although I would recommend that students start the readings that are due for class 4, since there’s a lot. The readings can be located on eCampus under Course Materials)

Securities - Prof. Martin

Review your statutory supplement – specifically the first 10 pages of both the Securities Act and the Securities Exchange Act. Come prepared to discuss the distinction between the two.

Cannabis Law - Prof. Mason

Class 1 Hemp and Marijuana Law - The basic framework

1. Provide Course Outline

Pre-Class Reading

2. The Farm Bills of 2014 and 2018 (Use Control F to find hemp references)

3. WV Industrial Hemp Development Act 

4. Controlled Substance Act 21 USC Section 801-904 (2018). (See Section 812 Schedule I c)

5. WV Medical Cannabis Program  

6. Cole Memorandum (Three Cole memoranda dealing with marijuana exist: one dated June 29, 2011, one dated August 29, 2013, and one dated February 14, 2014)

7. Sessions Memorandum 

8. Rohrabacher-Blumenauer Amendment: 2014 Version - “None of the funds made available in this Act to the Department of Justice may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, and Wisconsin, to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana. (This has now been expanded to cover at least 46 states)

9. U.S. v Marin Alliance for Medical Marijuana 3:98-CV-00086-CRB (US District Court for the Northern District of California) 

10. US v Mcintosh, 21 U.S.C. 801

11. Obligations of Counse - The Disclosures
A. WV Rules of Professional Conduct 1.2(e)
B. (See page 735 Section B)

12. The Class Hypothetical (Divide into two teams (Hemp and Marijuana)

Advanced Evidence - Prof. McDiarmid

Bailey & McAdam, Law, Science and Experts, 3-16 [hereinafter B&M]; Daubert v. Merrill Dow, 509 US 579 (obtain case using your favorite research tool); Federal Rule 702 current and proposed (current rules may be found on the Cornell website; proposed changes to the rules on the U.S. Courts website);;

Civil Procedure - Prof. McDiarmid

Friedenthal, Miller, Sexton and Hershkoff, (hereinafter Friedenthal) 269-274; WV statutes §§51-1-3, 51-2-2, 51­2A-2, and 50-2-1.

(From time to time throughout the text or this syllabus, reading will be assigned in the Constitution, relevant statutes, and rules. Whenever this occurs, class preparation should include that reading and an analysis of the assigned material. Bring the materials to class either digitally or in hard copy.)

Administrative Law - Prof. McGinley

Please sign-in to the Administrative Law Course TWEN ASAP.

The coursebook is: Strauss, Rakoff, Metzger, Barron & O’Connell, Gellhorn and Byse's Administrative Law, Cases and Comments, 12th Edition (Foundation Press, 2018)

Please read the following: Amy Howe, Justices Will Hear Arguments On Jan. 7 In Challenges To Biden Vaccine Policies (Dec. 22, 2021) . 

Sixth Circuit Opinion Synopsis and Background Information (available for download on Course TWEN website (Course Materials). 

Also, submit to Professor McGinley (and be prepared to discuss) in class a short message identifying: (1) any work or other personal experience you may have had with administrative law or administrative agencies – if any. (2) one current administrative law/ administrative policy issue in the news (issues may be local, regional, statewide, national, or international). (3) contribute to our collective class discussion by giving a very short summary of the issue you identify (as you understand it). 

Also, during the first class we'll also discuss the requirements and scope of the course.

Opioid Litigation - Prof. McGinley

Please register and log in to the Seminar Westlaw TWEN website. Before class - and no later than 3 p.m. on Thursday – please post in the “Student Comment/Question Forum the following:

  1. A short statement identifying your interest in the subject of the seminar;
  2. Two substantive questions or comments relating to the content of the materials/videos you are to watch/read for our first meeting.
  3. Read Charleston Gazette articles by Pulitzer Prize recipient Eric Eyre relating to the opioid epidemic in West Virginia ( 5 articles linked below).
  4. - Unsealed court filing details...
    - 'Suspicious' drug order rules...
    - Drug firm seeks to keep...
    - Drug firms poured 780M...
    - Drug firms fueled pill mills...

  5. Watch: PBS documentary - Understanding The Opioid Epidemic (51 minutes).
  6. Watch: The Washington Post: Opioid Marketing (13 Minutes).

We will also discuss processes, procedures, and goals of the seminar as well as seminar paper topics.

Required Reading:

Eric Eyre,  Death at Mudlick: A Coal Country Fight against the Drug Companies That Delivered the Opioid Epidemic; ISBN-13 : 978-1982105310; Publisher: Scribner (March, 2020).

Beth Macy,  Dopesick: Dealers, Doctors, and the Drug Company that Addicted America; SBN-13 : 978-0316551304 - Publisher: Back Bay Books (Reprint ed., August 6, 2019).

Property - Prof. Peck

First day assignment is pp. 505-513 in French Korngold, Cases and Text on Property, 6th Edition. (Please note that it’s the 6th Edition.)

Alernative Dispute Resolution - Prof. Rhee

Required book: Jay Folberg et al., Resolving Disputes: Theory, Practice, and Law (4th ed. 2022) (“Folberg”), ISBN 9781543809084. Also available as an online Connected Casebook.

Recommended book: Michael Moffitt & Andrea Schneider, Dispute Resolution: Examples & Explanations (4th ed. 2020) (“E&E”), ISBN 9781543805840 (paperback); 9781543816747 (ebook). Available for free through the WVU Law Library Wolters Kluwer Online Study Aid Library (, under “Quick Links”).

There will be no class on Monday, 1/10/22, because I have to attend an event in Charleston, WV. (We shall schedule a make-up class later.) So, our first class shall be on Wednesday, 1/12/22.

For Wednesday, read Folberg, Chps. 1-2, pp. 1-28.

Please email me at if you have any questions. Thank you.

ADR Practicum - Prof. Rhee

Please enroll in the “ADR Practicum” TWEN page (Full Year 2021-2022).

Required book: Kenneth Cloke, Mediation Training Manual (Center for Dispute Resolution 2017) (“Cloke”), available for free at You can also download it from “Course Materials” on the TWEN page.

Read Cloke, pp. 1-52. The Cloke Manual is very practical, full of checklists, and very easy to read. No dense legal doctrine.

Please email me at if you have any questions. Thank you.

Civil Procedure: Jurisdiction - Prof. Rhee

Welcome back. There will be no class on Monday, 1/10/22, because I have to attend an event in Charleston, WV. (We shall schedule a make-up class later.) So, our first class shall be on Wednesday, 1/12/22.

No new books. Same class rules from last semester.

For Wednesday, read Read Rulesbook, US Constitution, Article III, §§ 1-2, [1]; Amendment X to the US Constitution; 28 U.S.C. §§ 1331, 1332(a); Coursebook, Chapter 3.

I shall also provide you with a PDF of your fall 2021 final exam and an optional review session outside of class. Please email me at if you have any questions. Thank you.

Race and the Law - Prof. Rhee

Please enroll in the “Race and the Law” TWEN page (Spring 2022).

Required book: Beverly Daniel Tatum, Why Are All the Black Kids Sitting Together in the Cafeteria?: And Other Conversations About Race (Rev. ed. 2017) , ISBN 9780465060689.

I’m purposefully assigning something I wrote for our first class, Using the Master’s Tool to Dismantle His House: Derrick Bell, Herbert Wechsler, and Critical Legal Process, 3 Concordia L. Rev. 1 (2018). You can download a PDF of the article at It is also posted on the TWEN page under “Course Materials”. Please read the article critically. You have my express permission to criticize it and to disagree with me.

I’m doing this for three reasons: (1) to kickstart discussion about the complex relationship between race and the so-called rule of law; (2) to give you some insight into my own views; and (3) to provide you a flawed example of legal scholarship similar (albeit way longer!) to the original paper you shall write in this seminar.

We’ll also go over the course ground rules and the syllabus. And eat pizza. (If you have a food allergy or dietary preference, please email me at Please let me know if you have any questions or suggestions. Thank you.

Land Use and Resilience Law - Prof. Richardson

Introduction and Overview - Nolon & Salkin, pp. 1-5 and  67-79. (PDF)

Sustainability v. Resilience - The End of Sustainability by Benson and Craig. (PDF)

Pre-Trial Litigation - Prof. Scudiere

Read Mauet, pp. 1-8

Lecture/Discussion: Introduction to the Course

Advanced Legal Research - Prof. Stump

Chapter 1. Where the Law Is: An Introduction to Advanced Legal Research.

American Constitutional History - Prof. Titolo

Transatlantic Constitutionalism

Jack P. Greene, The Constitutional Origins of the American Revolution (Cambridge, 2011)

  • The English Bill of Rights (1689) [Urofsky: 22-26].
  • James Otis, “Against the Writs of Assistance” (1761) [38-40].
  • Virginia Stamp Act Resolutions (1765) [43-44].
  • Resolutions of the Stamp Act Congress (1765) [44-46].
  • Declaratory Act (1766) [46-47].

Remedies - Prof. Titolo

Required textbook: MODERN AMERICAN REMEDIES (Lacock, Concise 4th ed.).
Read: The Rightful Position Principle, pp. 1-27.

Evidence - Prof. Trychta

For the first class, please (1) purchase the assigned textbook (, (2) read the introductory study guide section and Chapters 1-5 in the textbook, and (3) review our eCampus page. A full syllabus is available on eCampus. Note: we are using the 4th edition, not the soon-to-be-released 5th edition of the textbook.

MBE Workshop/Bar Prep - Prof. Trychta

For the first week, please (1) purchase the Themis materials via the Themis portal using your @mix email login, (2) review the introductory materials on Themis, and (3) familiarize yourself with our robust eCampus page. This is an entirely asynchronous, self-paced, online course. Professor Trychta will host an optional “Launch Party” on Thursday, January 13 at Noon in one of the larger classrooms (153,154) to demo the course and answer student questions.

Environmental Protection Law: Natural Resources & Conservation - Prof. Van Nostrand

Please register for the class on eCampus. The syllabus will be posted to eCampus no later than Sunday, January 9.

The casebook we will be using is ENVIRONMENTAL LAW AND POLICY: NATURE, LAW AND SOCIETY, Plater, Abrams, Graham, Heinzerling, Wirth and Hall (Wolters Kluwer, 5th Edition, 2016). For the first class, please read pages 3-11 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 Tuesday’s class will be posted to eCampus no later than Sunday, January 9.

Legislation and Regulation - Prof. Van Nostrand

The casebook we will be using is Jellum, THE LEGISLATIVE PROCESS, STATUTORY INTERPRETATION, AND ADMINISTRATIVE AGENCIES (Carolina Academic Press, 2nd Edition, 2021). For the first class, please read pages 3-13 and 18-29 of the casebook.

In addition, 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 Tuesday’s class will be posted to eCampus no later than Sunday, January 9.

Federal Courts – Prof. Weishart

Chemerinsky, Federal Jurisdiction (8th ed. 2021), pp. 1-11

Schools, Race, Money, & More – Prof. Weishart

Labaree, Public Goods, Private Goods: The American Struggle over Educational Goals, pp. 39-74

Taxation of Business Entities - Prof. Wilson

Class intro and rules: attendance; grading; state law entities review; Ugh, 199A.

Kwall Casebook, pp.1-14.

Code and Regs:

  • Sections 1(a), (c), and (h)
  • Section 11
  • Sections 1001, 1011, 1012, and 1016
  • Section 199A

On eCampus: Syllabus; Review the Old Tax Policy Reading

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