College of Law
Aviva Abramovsky, Dean; Aliza Cover, Associate Dean of Faculty; Dylan Hedden-Nicely, Associate Dean of Faculty and Community & Belonging; Leon Samuels, Assistant Dean of Student Affairs - Boise; Greg Sergienko, Assistant Dean of Student Affairs - Moscow (Front Street Bldg.; 208/364-4620/Menard Law Building 208/885-2255)
The College of Law was organized in 1909 and is the only accredited law school in the state of Idaho. The College is a member of the Association of American Law Schools and is fully accredited by the American Bar Association.
Purpose of the College
The College of Law prepares students to enter the legal profession and represent individuals, businesses, and public and private entities in a wide array of legal and policy matters. The college also prepares students to engage in law-related endeavors in business, government, and non-governmental organizations and to provide important public service in their communities. The curriculum provides instruction over three academic years in the legal rules and principles generally applicable in the United States and international courts, including an emphasis on the ethical responsibilities assumed by legal professionals. The study of law also prepares students for positions of leadership in government, business, or non-profit organizations.
The college's faculty adapt their methods of instruction to promote each student's highest potential. The college encourages individual initiative, the development of critical and logical thought, and effective written and oral communication. Students develop practical skills throughout the curriculum and participate in law-related volunteer service as a condition of graduation. Because the law changes rapidly, mere accumulation of information is subordinated to the more important ends of individual development and training in research, analysis, and critical habits of thought.
Admission to the Bar
The College of Law is fully accredited by the American Bar Association and is a member of the Association of American Law Schools, and its degree is accepted by all state bar associations. Educational prerequisites vary among states, and the secretary of the bar examiners in the state in which the applicant intends to practice should be contacted to determine the existence of special requirements.
Suggestions for Pre-legal Study
The subject matter of pre-legal education is less important than the quality of work performed. Although the most common pre-law majors are English, political science, social sciences, or business, law students are drawn from a broad range of undergraduate programs from agriculture and engineering to English and philosophy. The study of law requires logical analysis and effective written and oral communication. Any rigorous course of study that develops these skills is good preparation for law school. Beyond this, a well-rounded education is best. American government and western political philosophy are important in public law; economic and accounting concepts are basic to much business and commercial law; history, literature, philosophy, and psychology all provide useful insights into cultural tradition and human motivation that are important to the interpretation and application of law.
Most universities have a pre-law advisor, often through the Political Science Department, to advise students in selecting appropriate pre-law courses. At the University of Idaho, a pre-law advisor is available through the Political Science Department to guide students in selecting courses within the particular college or university that will meet these objectives. The Admissions Office at the College of Law is also available for general consultation in program planning.
3+3 Program
The American Bar Association’s accreditation standards permit law schools to enroll students still in the process of completing their baccalaureate degrees so long as it will be completed by the end of the first year in the Juris Doctor degree. As a result of this standard, many law schools have 3+3 programs that allow undergraduate students, with the permission of their major advisor, to count up to 30 credits of the first year law curriculum toward the completion of the baccalaureate degree. A qualified student would complete three years of the baccalaureate degree and finish the remaining credits through the courses in the first year curriculum of the law degree. The law degree takes three years to complete, thus the 3+3 program title. The combined curriculum takes a year off of a student’s schooling.
The conditions that must be met for a 3+3 degree student to receive serious consideration from the College of Law Admissions Committee are:
- demonstration of outstanding ability by a cumulative grade point average at the most recently entered class median or higher, currently a 3.24 GPA;
- demonstration of excellent aptitude for law study by a score on the LSAT at the most recently entered class median or higher, currently a 152; and
- submission of a letter from the undergraduate major department attesting to the fact that the applicant will receive the baccalaureate degree after the successful completion of up to 30 credits of law study.
Application for Admission
Admission Requirements
Applicants for admission must have a bachelor's degree from an accredited four-year college or university by the date of enrollment at the College of Law. In special cases, it may be possible to be admitted after three years of undergraduate study: contact the College of Law for more information. Applicants must also arrange for a complete Credential Assembly Service (CAS) report, which consists of a Law School Admission Test (LSAT) score, copies of transcripts, and other relevant information.
Arrangements for taking the LSAT must be made by the individual applicant directly with the Law School Admission Council (LSAC) well in advance of the dates set for the LSAT. The dates and places for the test, application forms, and a bulletin of information about the test may be obtained by writing directly to LSAC, 662 Penn St., Newtown, PA 18940, by calling LSAC at 215-968-1001, or on their web site at www.lsac.org. This information may also be obtained from the pre-law advisor of most colleges and universities.
Commercial materials on the LSAT are available at most bookstores, and LSAT preparation courses may be found in many locations. Applicants are advised to study for the test ahead of time. LSAT scores older than five years are not accepted.
Registration with the CAS is required of all applicants. Instructions on registration for the CAS report and an application form for the purpose are contained in the same bulletin that describes the LSAT. Applicants should accomplish this registration at the same time they register for the LSAT. It is the applicant's responsibility to assure that CAS has all required information and that the applicant's CAS Report is complete for release to the College of Law. Be advised that it may take up to six weeks for a CAS Report to reach the College of Law.
Application Deadline
While the College of Law considers applications on a rolling basis, to be assured timely consideration for admission in the fall, all applications must be received by June 30. The college is unable to consider the application until a CAS Report has been received. This requires applicants to take the LSAT no later than May. However, in order to assure timely application, the October LSAT, almost a year before admission, is recommended. The college cannot be responsible for delays in the mail or at the CAS.
Decision on Admission
Admissions decisions are made by an admissions committee. The college receives many more applications than it can accept. Consequently, the Admissions Committee must deny admission to many who are qualified to study law. In general, offers of admission are extended to those judged to present the greatest promise for success in law school. Matters relating to character are also considered in the admissions process.
Although undergraduate grade point average and LSAT scores are the most important factors used to arrive at this judgment, the committee will consider any additional information that an applicant believes is important in assessing their ability to perform law school work. A personal statement often provides insight into an applicant's motivation for attending law school, as well as functioning as a sample of writing ability, and is probably the most helpful additional item for most applicants. Graduate work and/or work experience may provide evidence of achievement and capabilities inadequately addressed by standard credentials. Letters of recommendation and prior written work may also help in assessing an applicant's relative promise. Letters of recommendation should be limited to two and should address the applicant's ability to engage in critical analysis and to communicate orally and/or in writing. The cultural and socioeconomic background of applicants is also considered to ensure the College of Law remains open to all students, as well as provides an environment in which diverse viewpoints are represented.
As a state-supported institution, the College of Law extends a preference to timely applicants who are Idaho residents. It is possible to establish Idaho residency for tuition purposes either prior to or after enrolling at the College of Law. Residency determinations are made by the University of Idaho Registrar’s Office; inquiries about residency should accordingly be directed to that office at 208-885-6731.
Admission to the College of Law is very competitive. The median undergraduate grade point average for enrolled students is typically around 3.40, and the median LSAT score around 154. Statistics for the current year can be found at www.uidaho.edu/law/admissions.
Every effort is made to notify timely applicants of a decision by early April. A small percentage of applicants may be placed in the "standby pool" and may not receive a final decision until late summer, subject to space available in the incoming class.
Upon acceptance, a $500 deposit is required to secure a place in the fall entering class. This deposit will be applied to student fees upon registration. In cases of special need, the deposit may be waived.
Transfers from Other Schools
Space in each law school class is limited. Therefore, only a few transfers into the second year class can be accommodated. Special standards apply, and within these standards, a degree of preference is extended to residents of Idaho. Students transferring into our program are expected to complete at least three semesters at Idaho. Students desiring to study here for a lesser period should arrange to have credits at Idaho accepted toward a degree from the law college in which they are currently enrolled. Before a transfer applicant is considered, we must have a final transcript of all work that will have been undertaken at other law schools on file by the time of transfer. We also require a letter from the dean or assistant dean following the completion of all such work that states that the applicant remains in good standing, is eligible to continue without any condition or qualification, and ranks in the top 50 percent of their law school class. Consequently, for an applicant currently enrolled in a law school, no decision on transfer will be possible until June or later, when all grades from current work are available. If an applicant attends a summer session of a school of law, it will not be possible to process a final acceptance until the close of the summer session. If an applicant needs guidance before results of their spring semester's work become available, a tentative opinion about probable admissibility may be given.
Non-degree Candidates
Students who are not degree candidates in the College of Law but are enrolled elsewhere at the University of Idaho are permitted to register for law courses if they receive permission from both the course instructor and the assistant dean of students. Such courses cannot be credited toward a law degree even if the student is later admitted to the College of Law.
Fees
See the section on "Fees and Expenses".
Grading System
Grades for courses taken in the College of Law shall be awarded on the basis of A, A-, B+, B, B-, C+, C, C-, D+, D, D-, and F; provided, however, that by resolution the law faculty may designate any course, or courses, to be graded on a pass-fail or pass-no pass basis. Any approved course work taken at any other law school will be recorded on the transcript as a P, if the student earned a C or better in that course. No credit will be awarded for work done at another law school if the student earned less than a grade of C. Up to 6 credit hours of U of I graduate level courses may be taken with special permission of the associate dean. Credits will be recorded as a P for course work in which the student earns a B or better. Grades of P are not included in calculating a student's grade-point average or class ranking in the College of Law. Exceptions to the above may be made for U of I graduate level courses used in the approved U of I law/graduate concurrent degree programs.
Grade-point averages of students in the College of Law shall be computed by assigning the following numerical point values per semester hours: A = 4.00; A- = 3.67; B+ = 3.33; B = 3.00; B- = 2.67; C+ = 2.33; C = 2.00; C- = 1.67; D+ = 1.33; D = 1.00; D- = 0.67; F (or "fail" under the pass-fail basis) = 0.00. The cumulative grade-point average is the quotient of total points assigned divided by total hours undertaken. Courses in which marks of I, W, P (pass) or NP (no pass) have been given shall be disregarded in the computation. All course grades shall be included on the transcript and (except for marks of I, W, P or NP) in the calculation of the grade-point average, even if courses have been repeated. (For further information about repeating courses, see below.)
This grading system applies in determining
- eligibility for continuing study in the College of Law;
- compliance with requirements for the Juris Doctor degree; and
- class ranking within the College of Law.
Grades are based on a variety of assessments, including midterm exams, final exams, and final papers, which are described in the syllabus for each course.
Final grades for Incompletes received in the fall semester or intersession must be assigned by the last day of the following summer semester. Final grades for Incompletes received in the spring semester or summer session must be assigned by the last day of the following fall semester. Incompletes not made up before that date automatically revert to the grade indicated by the professor as the "permanent" grade, usually an F. The grade ultimately given will be computed in the GPA for the semester in which the class was begun.
Repeating Courses for Credit
A student who has completed a law school course in which they have received a grade of C-, D+, D, or D- may repeat that law school course once (the "repeated course"), subject to the following conditions:
- The credit hours earned by the student upon completion of the repeated course shall appear on the law school transcript, but shall not be applied toward the total number of required credit hours for award of the Juris Doctor degree by the College of Law.
- The grade earned by the student upon completion of the repeated course shall appear on the student’s law school transcript, but shall not be calculated as part of the student’s law school grade point average.
Repeating Failed Courses
- A student who has completed a law school course in which they have received a grade of F (the "failed course") shall receive no credit hours for application toward the total number of required credit hours for award of the Juris Doctor degree by the College of Law, but the grade shall be calculated as part of the student’s law school grade point average.
- If the failed course is a course required for graduation, the student must repeat the course and receive a grade above an F in order to satisfy the graduation requirements. If the failed course is not required for graduation, the student may repeat the course one time only. If a student repeats a failed course and passes the course, the credit hours and grade received in the repeated course shall be treated as follows:
- The credit hours earned by the student upon completion of the repeated course shall appear on the law school transcript and shall be applied toward the total number of required credit hours for award of the Juris Doctor degree by the College of Law.
- The grade earned by the student upon completion of the repeated course shall appear on the student’s law school transcript, but shall not be calculated as part of the student’s law school grade point average.
LAW 406 Foundations of Natural Resources Law (3 credits)
Introduces students to the legal, historical, intellectual, and political foundations of the law of natural resources and the environment in the United States; includes an overview of two fundamental federal statutes: the National Environmental Policy Act and the Endangered Species Act. Typically Offered: Varies.
Prereqs: Junior Standing.
LAW 407 Agriculture and Environmental Law (3 credits)
This course discusses agricultural law and policy relating to the environment with a focus on legal, social, and economic concepts related to sustainability in production agricultural systems. Students will analyze the applicability of environmental regulatory mechanisms to agriculture and food, the environmental impacts of current farm policy, and approaches for combating environmental harms while protecting the economic interests of farmers and rural communities. Typically Offered: Varies.
Prereqs: Junior Standing.
LAW 507 Moral Reasoning in Natural Resources (3 credits)
Cross-listed with NRS 507
Exploration of the practical aspects of moral reasoning on current issues in natural resources. The purpose of the course is to discover the essence of reasoning, rationality, and reflection on moral and ethical dilemmas with regard to current issues in natural resources. Typically Offered: Summer.
LAW 520 Introduction to Bioregional Planning (3 credits)
Cross-listed with ENVS 520
Joint-listed with ENVS 420
This class introduces students to bioregional planning concepts and shows the difference between “traditional’ planning and bioregional planning and explores the relevance of “traditional” planning and bioregional planning for communities in the American West. Additional work required for graduate credit. Typically Offered: Fall.
LAW 523 Planning Sustainable Places (3 credits)
Cross-listed with ENVS 523
Joint-listed with BIOP 423, ENVS 423
This course discusses the concept of sustainable development and its promises and pitfalls as a leading concept for the planning and design of communities. The course provides an overview of the different interpretations of sustainability and discusses the usefulness of these interpretations for planning in the context of the communities in which we live. Additional work required for graduate credit. Typically Offered: Varies.
LAW 577 Law, Ethics, and the Environment (3 credits)
Cross-listed with AGEC 477, ENVS 477
Joint-listed with ENVS 577
Examines the laws and related ethical questions pertaining to social and community-based natural resource and agroecosystem issues. Recommended Preparation: BLAW 265. Typically Offered: Varies.
LAW 4040 (s) Special Topics (1-16 credits)
Credit arranged
LAW 8050 Civil Procedure and Introduction to Law (4 credits)
Overview of U. S. legal systems, providing basics on civil litigation and legal principles. Covers litigation topics including pleadings, pretrial management, discovery, summary judgment, trial, post-trial motions, judgment, personal jurisdiction, subject matter jurisdiction and related topics with a focus on the Federal Rules of Civil Procedure. Typically Offered: Fall.
LAW 8060 Civil Procedure II (3 credits)
Continuation of LAW 8050 on the process and principles of civil litigation in the U. S.
Prereqs: LAW 8050
LAW 8070 Property (4 credits)
This property law course is a required part of the curriculum. The course introduces students to personal and real property interests including donative transfers, estates and future interests, cotenancy, selling and financing real property, landlord and tenant, easements, public and private control of land use, as well as other basic property law concepts. Typically Offered: Fall.
LAW 8090 Torts (4 credits)
The common law providing private redress for injuries primarily to person or property. The course examines the three basic theories of tort liability: intent, negligence, and strict liability.
LAW 8120 Criminal Law (3 credits)
The sources and purposes of the criminal law; the meaning of criminal responsibility, the elements of crimes, and the administration of criminal justice.
LAW 8130 Contracts (4 credits)
Basic elements of private, consensual agreements enforced by law under common law and UCC Article 2: formation, principles of bargain or reliance, methods to police the bargain, interpretation, performance/breach and remedies for breach, defenses to liability, and the rights and liabilities of third parties upon assignment and delegation. Typically Offered: Fall.
LAW 8140 Contracts II (3 credits)
Continuation of LAW 8130 on the basic elements of private, consensual agreements enforced by law under common law and UCC Article 2.
Prereqs: LAW 8130
LAW 8150 Legal Writing & Analysis (2 credits)
In this course, students learn communication and reasoning skills fundamental to the practice of law. Typically Offered: Fall.
LAW 8160 Constitutional Law (4 credits)
An examination of the institution of judicial review and of the constitutional divisions of government power in the United States; the principles of separation of powers and federalism; and the constitutional protection of certain individual rights and liberties, particularly under the 14th Amendment. Typically Offered: Spring.
LAW 8170 Academic Skills Lab I (1 credit)
Fundamental skills instruction designed to develop the legal analysis and writing skills needed to perform well in law school. Topics include critical reading, case briefing, course outlining, issue spotting, exam outlining, and exam writing. Graded P/F.
LAW 8180 Academic Skills Lab II (1 credit)
Intensive instruction focused on enhancing students’ skills by written and oral exercises in case reading, briefing, analyzing, synthesizing, note taking, outlining, communicating, and exam taking skills. The course also addresses study habits, time management, and stress reduction. Graded P/F.
LAW 8210 Legal Research (1 credit)
Basic elements of legal research in print and electronic resources, including generating search terms; researching secondary sources, cases, and statutes; and using citators for case research.
LAW 8250 Written and Oral Advocacy (3 credits)
Builds upon the skills learned in Legal Writing and Analysis and includes simulated client work involving persuasive writing techniques and oral advocacy. Typically Offered: Spring.
Prereqs: Law 8150
LAW 8500 First Amendment Seminar (3 credits)
Amendment’s Speech, Press, Association, Establishment, and Free Exercise Clauses, and the interrelatedness between free expression and religious freedoms. The course investigates analytical problems in First Amendment jurisprudence including philosophical foundations of free expression, free association, free exercise of religion, and the prohibition against government establishment of religion.
LAW 8510 Advanced Torts (2-3 credits)
Selected topics in tort law, including products liability, traditional strict liability, defamation, and business torts. Two-credit course covers fewer areas of study.
Prereqs: LAW 8090
LAW 8520 NREL Field Course (2 credits)
Summer field course exploring the implementation of natural resource and environmental law on the ground in Idaho, focusing on the effects of state and federal resource management and protection statutes on public and private landscapes. Accelerated course.
Prereqs: Permission
LAW 8530 Education Law (3 credits)
Issues pertaining to the history and structure of U. S. public education including religious and private school alternatives, school funding, curriculum and governance, student supervision, equal educational opportunity issues including race and disability, employment issues including collective bargaining, and students’ and teachers’ rights and responsibilities including free speech and due process.
LAW 8540 Introduction to the Idaho Legislative Process (2 credits)
This course focuses on how the Idaho Legislature functions and interacts with the other branches of state government. It covers a wide range of procedural and substantive topics to help students better understand legislative process and procedure and other factors that contribute to the enactment or rejection of a bill. It is designed to introduce students to the legislative process in Idaho, including how and when bills are proposed and where they originate; committee hearings and testimony; parliamentary procedure; the voting process; and presentment to the Governor. Students also will be exposed to the role of lobbyists, the Governor’s Office, the Attorney General’s Office, the Court, the media, and how citizens engage in the legislative process. This occurs through readings, observations of the legislative process, and classroom discussions with a variety of expert guest speakers. Graded Pass/Fail. Typically Offered: Spring.
LAW 8570 Introduction to American Law (3 credits)
Examination of the American legal system for foreign-trained lawyers. Topics, related to both statutory and common law, include fundamental legal concepts, key doctrinal areas of law, the American legal education system, how laws are made and function, and how law evolves over time.
Prereqs: Registered as L. L. M. student
LAW 8580 Advanced Criminal Procedure: Adjudications (3 credits)
A study of the federal constitutional constraints on criminal adjudications, with a focus on the right to counsel, pretrial release, the grand jury, prosecutorial discretion, discovery obligations, guilty pleas and plea bargaining, jury trial rights, double jeopardy, and sentencing.
Prereqs or Coreqs: LAW 9530
LAW 8590 Advanced Advocacy (2 credits)
A simulation course focusing on advanced persuasive writing techniques and oral advocacy skills.
Prereqs: LAW 8150
LAW 8600 Applied Legal Reasoning (3 credits)
Training in the analytical, writing, and organizational skills needed to efficiently analyze legal questions under time pressure and prepare for the bar exam. Using 2–3 doctrinal subjects, students apply critical reading, issue spotting, organizational, and writing skills to multiple-choice, essay, and performance problems. Open only to students in their last year of law school. Typically Offered: Spring.
LAW 8610 Civil Rights Litigation (3 credits)
In Civil Rights Litigation, students develop a basic understanding of claims, defenses and remedies available in 42 U. S. C. § 1983 actions, including claims brought against the police and prisons. Students will also be introduced to employment, disability and housing discrimination. They will be able to identify and evaluate litigation and alternative dispute resolution strategy, from both a plaintiff’s and defendant’s perspective.
Prereqs: LAW 8160
LAW 8620 Arbitration Law (3 credits)
An examination of the basics of contract enforcement through the method of arbitration. Determining arbitrability, standards for interpreting contract language, strikes, discipline and discharge, drug testing, pre-and post-contract grievances as well as U. S. Supreme Court cases affecting arbitration, are among the many subjects the students will explore. Classes will include a review of a fact pattern taken from an actual labor contract with students asked to comment on the potential arbitration issues raised by same. In addition, students will participate in a mock arbitration hearing as the arbitrator and either as corporate or union counsel. A student’s accomplishment of these outcomes will be assessed by means of an arbitration brief and decision, self-assessment paper, and participation in arbitration hearings. Arbitration Law satisfies the experiential learning requirement. Typically Offered: Fall (Even Years).
LAW 8630 Death Penalty Seminar (3 credits)
Focuses on the doctrinal evolution of modern capital punishment jurisprudence, with a special emphasis on the Eighth, Fourteenth, and Sixth Amendments. The seminar will cover specific themes such as death qualification and jury selection; race and the imposition of the death penalty; narratives of life and death in capital trials and the role of aggravating and mitigating evidence; the right to counsel; the execution of juveniles, the intellectually disabled, and the mentally ill; the constitutional dimensions of innocence; the constitutionality of lethal injection and other methods of execution; and the political and moral debate about capital punishment. Typically Offered: Varies.
LAW 8640 Election Law (2-3 credits)
Offers a survey of contemporary issues in American election law. Topics may include the right to vote and judicial review of voter eligibility requirements; felon disenfranchisement; the electoral college; reapportionment, redistricting and racial and partisan gerrymandering; campaign finance; the Voting Rights Act; the regulation of political parties and party primaries; ballot access; direct democracy; and electoral administration. Typically Offered: Varies.
LAW 8650 Juvenile Justice (2 credits)
This course is designed to present law students with an understanding of various organizations, theories and topics which collectively comprise our juvenile justice system. The course material will emphasize administration and procedure, historical and current events and trends, and future directions and issues of juvenile justice. Typically Offered: Fall.
LAW 8660 Criminal Sentencing (2-3 credits)
This course explores and focuses on the law of criminal sentencing in the non-capital context, including the procedure and proceedings that follow from a felony conviction in an individual case. This course will cover both state and federal sentencing law and policy, including felony sentencing in Idaho. Typically Offered: Varies.
LAW 8670 Complex Litigation (2-3 credits)
Examination of how complex cases are resolved through a combination of litigation, settlement funds, and other mechanisms, including the law of class actions and various non-class aggregation methods. The course focuses on real-world aspects of litigation including expert witnesses, electronic discovery, and persuasion techniques including brief writing and oral argument. Typically Offered: Varies.
LAW 8960 Agriculture Law (3 credits)
This course is aimed at students whose practice could include representing farmers, ranchers, the agencies that regulate them, or the businesses with which they deal (e. g. , grain elevators, banks, meat packing companies), and students who might be involved in ag law policy. It is a survey course, designed to introduce students to the many ways that the law treats these farmers and ranchers distinctively. Typically Offered: Spring (Even Years).
LAW 8970 Family Justice Clinic (3-6 credits, max 12)
Students represent survivors of domestic and sexual violence in civil proceedings primarily involving Civil Protection Orders. Clinic students also assist with divorce, custody, termination of parental rights, adoption, minor guardianship, and contempt proceedings. Course provides experiential learning credit.
Prereqs: LAW 9500, LAW 9620, LAW 9710 and permission. Prereqs or LAW 9580 or LAW 9540 recommended. LAW 9630 recommended.
Coreqs: LAW 9680
LAW 9010 (s) Seminar (1-16 credits)
Credit arranged. See the Class Schedule for specific topics.
LAW 9012 Civil Mediation (2 credits)
Credit may not be earned in both LAW 9120 and LAW 9130. A study of conflict resolution, negotiation, and mediation theory, process, and skills. Exploration of each stage of the mediation process and attendant strategies and skills. Offered through the Northwest Institute for Dispute Resolution. Accelerated course. Graded P/F.
Prereqs: Permission
LAW 9030 Introduction to Intellectual Property (3 credits)
Introduction to the four substantive areas of intellectual property: trade secrets, trademarks, copyrights, and patents, with an emphasis on the tension in each body of law between private rights and the public’s interest.
LAW 9040 Federal Courts (3 credits)
The constitutional structure and the practical role of the federal court system, with great emphasis on the working relationship between federal and state courts.
LAW 9050 Constitutional Law II (3 credits)
Study of individual rights and liberties protected by the Constitution. This course will introduce students to substantive due process, the equal protection clause, and foundational principles of freedom of speech, freedom of religion, and the separation of church and state. Typically Offered: Fall.
LAW 9070 Administrative Law (3 credits)
An examination of the constitutional limits on administrative agencies, the procedural requirements for agency decision making, and judicial review of agency actions. The focus is on federal administrative law.
LAW 9080 Workplace Law (4 credits)
Survey course covering state common law exceptions to the employment at will doctrine, federal anti-discrimination statutes, federal statutory protection of collective activity, and other state and federal law governing the employment relationship; exploration of the processes of hiring, firing, and setting the terms and conditions of employment.
LAW 9090 Energy Law (3 credits)
Energy Law is the study of how we power our lives. We will study the law and policy of coal, oil, natural gas, nuclear power, electricity, wind, solar, and other renewables. We will cover laws related to mining. We will learn about the carbon credits system and we will discuss utility companies. We will also cover the technology behind the sources of energy. The course will cover pollution and clean air. We will discuss climate change. We will discuss cryptocurrency and the energy use to mine it. We will use readings from the textbook which will be informed and supplemented with other articles and readings. Students will be graded on a class presentation, class participation, and your choice of either taking a final exam or writing a paper on a topic of your choosing. Typically Offered: Fall (Odd Years).
LAW 9100 Antitrust (3 credits)
Study of the application of the antitrust law to cooperation among competitors, agreements between suppliers and customers regarding the resale of products, exclusive dealing arrangements, monopolization, and mergers.
LAW 9120 Civil Mediation (2 credits)
Credit may not be earned in both LAW 9120 and LAW 9130. A study of conflict resolution, negotiation, and mediation theory, process, and skills. Exploration of each stage of the mediation process and attendant strategies and skills. Offered through the Northwest Institute for Dispute Resolution. Accelerated course. Graded P/F.
Prereqs: Permission
LAW 9130 Family Mediation (2 credits)
Credit may not be earned in both LAW 9120 and LAW 9130. A skills-based study of family mediation designed for those wishing to mediate or represent clients in the mediation process. Topics covered include structuring the mediation process, guidelines for division of assets, construction of parenting plans, and ethical concerns. Offered through the Northwest Institute for Dispute Resolution. Accelerated course. Graded P/F.
LAW 9160 Public Interntl Law (3 credits)
Survey of major areas of the law of nations and international organizations.
LAW 9165 Comparative Law (2-3 credits)
A survey of different legal systems around the world, their jurisprudential foundations, and their procedural implementation, including some methodology for making comparisons. The purpose is to give students a more global perspective on the law and to better understand the American common law system, by examining and learning from other legal traditions. Typically Offered: Fall.
LAW 9170 Negotiation and Appropriate Dispute Resolution (3 credits)
Simulation and seminar style instruction in negotiation techniques, mediation and arbitration, focusing on skill development and legal and ethical issues frequently faced by lawyers.
LAW 9180 Internet Law (2-3 credits)
Introduction to the legal and policy challenges presented by commerce and communication on the Internet. Topics include Internet governance, sovereignty and jurisdiction, free speech, privacy and surveillance, and the protection of intellectual property. Two-credit course covers fewer areas of study.
LAW 9190 Business Associations (4 credits)
Agency, partnerships, corporations, and other types of business organizations; limitations on powers and authority of partners, corporate officers, and directors.
LAW 9200 Securities Regulation (3 credits)
The law of corporate finance under the Securities Act of 1933 and the Securities Exchange Act of 1934.
LAW 9210 Accounting for Lawyers (2 credits)
Examination of basic accounting principles designed as background for the tax and business law courses for those students without accounting and business experience and intended to make the lawyer conversant with accountants.
LAW 9220 Trademarks and Unfair Competition (2-3 credits)
Trademarks include words, symbols, colors, pictures, packaging and product design by which businesses identify themselves and their products and services. Trademark rights as they exist in the U. S. today stem from common law principles of unfair competition in business. This course examines the validity of rights claimed in trademarks, including what conduct infringes these rights, and examines the current scope of these rights in view of their historical unfair competition roots. Typically Offered: Spring (Odd Years).
LAW 9230 Payment Systems (2-3 credits)
The study of paper-based and other methods of payment under state and federal law with primary focus on the law of negotiable instruments under Article 3 of the Uniform Commercial Code, Bank Deposits and Collections, and Electronic Funds Transfers under Articles 4 and 4A of the UCC and Federal Reserve Board Regulations J and CC and related federal statutes.
LAW 9240 Sales (3 credits)
The study of the law relating to the sale of goods under Article 2 of the Uniform Commercial Code and related statutes and treaties, including introduction to the structure, purposes, and policies of the Uniform Commercial Code.
LAW 9250 Property Security (3 credits)
Overview of the law relating to secured credit including the mechanisms for creating enforceable security and mortgage interests in real and personal property.
LAW 9260 Bankruptcy (3 credits)
Federal bankruptcy law, the collective forum for resolving the rights of financially distressed debtors and their creditors, emphasizing basic principles applicable to all filings, liquidation, or rehabilitation of consumer debtors, and the pervasive effect of bankruptcy on everything from family law to business transactions and relationships.
LAW 9270 Business Entities Taxation (2-3 credits)
Introduction to the federal income tax treatment of corporations, partnerships, limited liability companies, and their owners. The course will explore the tax consequences that occur throughout an business entity’s life cycle, including formation, business operations, and termination.
Prereqs: LAW 9300
LAW 9280 Tribal Nation Economics & Law (3 credits)
Survey of economic development strategies by various Tribal Nations, including an overview of federal incentive programs and disincentives for the growth of strong tribal economies. Tribal legal codes, commercial projects, and federal Indian law parameters will be discussed. Topics will include: the tribal government-owned corporate model, gaming enterprises, economic diversification, the federal 8(a) program, limitations on tribal tax-exempt bond offerings, and value-added on-reservation products. LAW 9280 is a law class and will be graded based on the norms and expectations to which law students are normally held. AIST 478 is an undergraduate course that will be assessed on a P/F basis according to the general norms and expectations for an upper division undergraduate course. (Spring, alt/years)
LAW 9300 Federal Income Taxation (3-4 credits)
This course introduces fundamental concepts in federal income taxation including the definition of income, the computation of tax liability, exclusions from income, deductions available in computing taxable income, basis in property, gains and losses from sales of property, family taxation, and capital gains and losses. Typically Offered: Fall.
LAW 9310 Patent Law and Practice (2-3 credits)
This course will examine the law and policy underlying the U. S. patent system, with a focus on the legal means for obtaining, challenging, and enforcing patent rights. A technical background is not required, but a willingness to engage with some technical aspects of patentable subject matter is. Typically Offered: Spring (Even Years).
LAW 9320 Estate Planning (3 credits)
Inter vivos, testate, and intestate disposition of property with emphasis upon estate and gift tax impact and consideration of the law of future interests. Prereqs or
Coreqs: LAW 9410
LAW 9330 State Debtor-Creditor Law (2 credits)
Study of the legal mechanisms for enforcing judgments, and the rights and protections of debtors and creditors as a matter of state law.
LAW 9340 Land-Use Law and Planning (3 credits)
This course addresses the regulation of private lands by state and local governments; will investigate social and cultural agreements about land as influenced by and institutionalized in Constitutional protections, state statutory regimes and local programs; and will develop a working knowledge of the general legal principles, and policy and planning issues relevant to private land management. Enrollment limited to 25 students.
LAW 9350 Foundations of Natural Resources and Environmental Law (2-3 credits)
Introduces students to the legal, historical, intellectual, and political foundations of the law of natural resources and the environment; includes an overview basic administrative law and two fundamental federal statutes: the National Environmental Policy Act and the Endangered Species Act. Serves as an introduction for students seeking a basic understanding of the fundamentals of natural resources and environmental law as well the foundation for students seeking to emphasize their education in this area. Typically Offered: Fall.
LAW 9370 Wildlife Law and Policy (3 credits, max 3)
An examination of state and federal law applicable to wildlife. (Spring, alt/yrs)
LAW 9380 Intl Environ & Water Law (3 credits)
An examination of international environmental law and the law of international water courses. (Spring only)
LAW 9390 Law, Science, & Environment (2 credits)
The use of science in the courtroom and in agency decision making, with emphasis on natural resources and environmental law. This course will explore both the process and substantive areas of selected areas of science and the law. Recommended Preparation: LAW 9070. (Spring, alt/years)
LAW 9400 International Human Rights (3 credits)
An overview of international rights and humanitarian law and advocacy, including a focus on particular topics of timely interest determined by the instructor and students.
LAW 9410 Wills Estates & Trusts (3 credits)
Intestate succession, wills, and administration of estates in probate.
LAW 9420 Water Law of the American West (3 credits)
The basics of water allocation law with a focus on western water law. Study of the development of the common law of water allocation and of comprehensive statutory systems including the implementation of water law through administrative agencies and water rights adjudication. Typically Offered: Fall.
LAW 9440 State and Local Government Law (3 credits)
Review of the source, scope, and limits of local government power, with reference to Idaho and other state examples. The course will consider the relationship of local governments to the state and federal government, as well as to neighboring communities and individuals.
LAW 9450 Community Property (2 credits)
Special problems that arise in connection with the community property system in the western states.
LAW 9470 Environmental Law (3 credits)
Examines federal pollution control statutes, including the Clean Water Act, Clean Air Act, Resource Conservation and Recovery Act, among others. Considers related economic theory, risk management, policy considerations, environmental justice, and remedies for environmental injuries. Recommended preparation: LAW 9060. Typically Offered: Spring. Cooperative: open to WSU degree-seeking students.
LAW 9480 Public Lands and Resources Law (3 credits)
This course examines the natural resource allocation and management systems applicable to the public lands, including the Federal Land Policy and Management Act, National Forest Management Act, Mineral Leasing Act, Wilderness Act, and other relevant federal statutes. Typically Offered: Varies.
Prereqs: LAW 9060
LAW 9490 Native American Law (3 credits)
Study of Tribal Sovereignty and interaction with the U. S. government at various levels with an emphasis on treaty rights, jurisdictional issues, the trust relationship, protection of lands, the eras of U. S. Indian policy, and the continued assertion of tribal rights and interests. LAW 9490 is a law class and will be graded based on the norms and expectations to which law students are normally held. AIST 420 is an undergraduate course that will be assessed on a P/F basis according to the general norms and expectations for an upper division undergraduate course.
LAW 9500 Evidence (3 credits)
The law governing the presentation of proof in Idaho and federal courts.
LAW 9520 Remedies (3 credits)
Consideration of legal and equitable relief available to aggrieved parties in contractual or other relationships.
LAW 9530 Criminal Procedure: Investigations (3 credits)
A study of the federal constitutional constraints on criminal investigations, with a focus on searches and seizures, arrests, interrogations, identification procedures, and the right to counsel.
LAW 9540 Trial Skills (3 credits)
Credit cannot be earned in both LAW 9540 and LAW 9580. Instruction in the skills fundamental to litigation and the techniques of persuasive witness examination and argument, combining classroom instruction and individually critiqued student exercises. Limited enrollment.
Prereqs: LAW 9500 and Permission
LAW 9550 Appellate Advocacy Program (2 credits)
A brief-writing and oral advocacy course run as the McNichols Moot Court competition. Students attend class once a week for the first six weeks of the semester, write a two-issue appellate brief, and make a minimum of two oral arguments. Accelerated course. Graded P/NP; credits earned are not class hours.
LAW 9560 Moot Court (1-2 credits)
Preparation of appellate briefs and argument of cases orally in regional or national competition; grading and evaluating briefs of students participating in second-year appellate advocacy program (with approval of the faculty advisor of the second-year appellate advocacy program); the faculty supervisor of each competition is the final arbiter of the number of credits awarded within the guidelines. Only those students who will complete all the activities for their appellate moot court program (including attending the competition) by the end of fall semester may register for credits in the fall semester; all other students eligible for credits under this course register in the spring. Graded P/F; credits earned are not class hours. Limited enrollment. Graded Pass/Fail.
LAW 9570 Mock Trial (2 credits)
Participation as an attorney on a mock trial team in regional or national competition; the faculty supervisor of each competition is the final arbiter of the credits awarded within the guidelines.
LAW 9580 Trial Advocacy (2 credits)
Credit cannot be earned in both LAW 9540 and LAW 9580. An intensive seven-day course offered the week before classes regularly begin in the fall. The course follows the National Institute of Trial Advocacy Training format of faculty demonstration, discussion, student performance, and critique, culminating in a mock jury trial on the last day of the training. Limited enrollment. Graded Pass/Fail.
Prereqs: LAW 9500 and Permission; Limited to third-year law students unless waived by the Director of Clinical Programs
LAW 9590 Critical Legal Studies (2-3 credits, max 3)
Critical Studies focuses on deconstructing traditional hierarchies within the law and legal institutions and looks to foster change by critically analyzing the law and these institutions. This course will cover one or more of the following subjects: Feminism, Critical Race Studies, Race-Feminism, Gender/Gender Identity/Queer Studies. course covers more areas of study.
LAW 9600 Conflict Of Laws (2-3 credits)
A study of the principles for deciding which law applies to incidents and transactions crossing state lines and of the constitutional limitations on a state's rights to impose its own law in suits arising out of such incidents and transactions; enforcement of foreign judgments, the jurisdiction of courts, and the special jurisdictional problems in domestic relations cases.
LAW 9610 Jurisprudence (2-3 credits)
The purposes of the Jurisprudence course are to (a) expose students to the various views and philosophies of law as expressed in classical and contemporary writings; (b) help students develop methods of legal analysis relevant to the relationship between law and justice, between law and power, and between law and truth; (c) engage students in critical thinking with respect to the law as an instrument of both justice and oppression; and (d) equip students with the analytical tools necessary to evaluate complex jurisprudential questions and apply those tools in practice as a lawyer, judge, or legislator. Typically Offered: Spring.
LAW 9620 Professional Responsibility (3 credits)
Consideration of the various views and philosophies of law as expressed in classical and contemporary writings; methods of legal analysis, the relationship between law and justice, between law and power, and between law and truth.
LAW 9630 Family Law (3 credits)
Legal problems of the family, including marriage, annulment, adoption, and divorce.
LAW 9640 Children and the Law (2-3 credits)
Examines the legal status of children, including topics such as the parent-child relationship, guardianship, representation of children, neglect, and adoption. Two-credit course covers fewer areas of study.
LAW 9650 Elder Law (2-3 credits)
An overview of the legal regimes and practical issues that face lawyers representing older clients. Topics include Social Security, pensions, annuities, Medicare, Medicaid, health care decision-making, property management, special needs trusts, guardianships, conservatorships, elder abuse, elder housing, end of life issues, and special ethical issues for attorneys representing elder persons. Two-credit course covers fewer areas of study.
LAW 9670 Advanced Legal Writing (2 credits)
This course will focus on advanced writing concepts, including advanced study of standards of review, development of policy arguments and legislative intent analysis, writing jury instructions, drafting statutes, and drafting judicial opinions; additionally, there will be a heavy emphasis on style. As such, it is assumed that students have mastered the skills learned in Legal Research & Writing. This course does not satisfy the upper division writing requirement. Limited enrollment.
LAW 9680 Domestic Violence and the Law (2-3 credits, max 3)
This seminar will cover the legal system's response to the problem of domestic violence and to a lesser extent, stalking and sexual assault. Students will explore both civil and criminal avenues of redress. Existing shortcomings of those responses, and proposed reforms, will be examined. The course will address how domestic violence is treated in a variety of legal contexts, including in relation to child abuse, custody, visitation, mediation, parent education at divorce, relocation, child abduction, and torts.
LAW 9700 Advanced Legal Research (2 credits)
An advanced course covering all forms of materials, in all formats (print, microformat, electronic), available for conducting legal research.
LAW 9710 Lawyering Process Seminar (2 credits)
Client representation skills, with an emphasis on pre-trial civil litigation; classroom and simulation instruction in interviewing, counseling and negotiating skills, pleading, discovery, and motion practice. Limited enrollment.
LAW 9730 Field Placement - Independent Study (1-5 credits, max 12)
Students perform legal work in selected public service positions under the supervision of experienced judges and lawyers. Students will complete reading and writing assignments under faculty supervision. Credits earned are not classroom credits. Typically Offered: Fall and Spring.
Prereqs: Permission
LAW 9740 Legal Aid Clinic (3-6 credits, max 12)
From time to time, specific legal aid clinics may be offered. The content of such clinics is announced in advance of the semester in which they are offered. Course provides experiential learning credit.
Prereqs: LAW 9620; and Permission; and qualification for limited license as legal intern in Idaho
LAW 9750 Field Placement-Public Service (1-5 credits, max 12)
Students perform legal work in selected public service positions under the supervision of experienced judges and lawyers. Students must attend periodic classes. Credits earned are not classroom credits. Typically Offered: Summer.
Prereqs: Permission
LAW 9760 Semester in Practice (1-12 credits, max 12)
Students perform legal work in the public or private sector under the supervision of a field supervisor. Open only to students in their last year of law school. Students attend periodic classes focused on professional growth and formation, ethics, and reflecting on the transition to practice. Graded pass/fail. Credits earned are not classroom credits. Graded Pass/Fail. Typically Offered: Fall and Spring.
Prereqs: Permission
LAW 9770 Clinical Lab (1 credit, max 4)
One-credit lab courses providing clinical experience for interested upper-division students. The labs, designed to allow students to obtain practical experience in conjunction with upper-division substantive courses, labs are supervised by experienced practitioners. Graded P/F.
LAW 9780 Entrepreneurship Law Clinic (3-6 credits, max 12)
Real-life experience handling transactional legal problems and assisting businesses and not-for-profits. Course provides experiential learning credit.
Prereqs: LAW 9190 and LAW 9620; and LAW 9660, LAW 9670, or LAW 9710; and Permission; and qualification for limited license as legal intern in Idaho
LAW 9790 Native American Natural Resource Law (3 credits)
Study of the natural resources over which Tribal Nations assert stewardship or seek to influence others regarding protection of resources including sacred sites, land use and environmental protection, natural resource development, taxation, water rights, rights associated with hunting, fishing and gathering, and international approaches to indigenous lands and resources. Recommended Preparation: LAW 9490.
LAW 9800 Copyrights (2-3 credits)
A survey of U. S. domestic copyright law, focusing on current provisions of the Copyright Act of 1976, as amended, and leading cases interpreting those provisions. Particular attention is paid to policy challenges created by the Internet and by the increasing internationalization of copyright law. Two-credit course covers fewer areas of study.
LAW 9810 Critical Legal Studies Journal (1-4 credits, max 4)
Participation in the student edited Crit Law Journal. Credit awarded upon approval of the editor-in-chief and faculty advisor. Graded pass-fail; credits earned are not classroom credit hours.
Prereqs: Acceptance to the Crit Journal
LAW 9820 Law Review (1-4 credits, max 4)
Graded P/F; credits earned are not class hours. The awarding of credit is subject to approval by the editor-in-chief and faculty advisor.
LAW 9830 Directed Study (1-2 credits, max 4)
Individual research on a significant legal problem and the writing of a paper thereon that must be approved by the faculty member under whose direction the work is done. Graded P/F; credits earned are not class hours. Graded Pass/Fail.
LAW 9840 Real Estate Transactions (2-3 credits)
Aspects of the standard commercial real estate purchase transaction, including real estate contracts, title issues, construction, default, financing, leasing, and structuring real estate development transactions. Two-credit course covers fewer areas of study.
LAW 9850 Immigration Law and Policy (3 credits)
The rights and limitations relating to various types of immigration status, different kinds of visas, admission and removal procedures, grounds of inadmissibility and deportation, and defenses.
LAW 9860 Judicial Clerkship Seminar (1-2 credits)
Seminar focusing on advanced writing concepts within the judicial context, with instruction on common types of legal writing practiced by judicial clerks.
Prereqs: Permission
LAW 9870 Law Practice Management (1-2 credits)
Topics in the business of law practice, including accepting and billing clients, managing case files and client trust accounts, making business arrangements, and managing human, physical, and financial resources. Graded Pass/No Pass. Two-credit course covers more areas of study. Course provides experiential learning credit. Typically Offered: Varies.
LAW 9890 Mass Media Law (2 credits)
Seminar addressing legal issues in new technologies and the rapidly changing mass-media environment. Topics are generally organized around a single theme, such as First Amendment law and theory, privacy or Freedom of Information Act issues, commercial speech regulation, and media and the electoral process.
LAW 9910 Skill Practicum (1-16 credits)
From time to time, specific skills courses are arranged and made available for a semester. The exact content of each skills course is announced in advance of the semester in which it is offered.
LAW 9920 White Collar Crime (2-3 credits)
Federal law prohibiting financial, non-violent crime, including fraud, racketeering, and bribery. The course examines principles of statutory interpretation, grand jury investigations, parallel civil proceedings, corporate and individual responsibility, sentencing guidelines, and federal-state coordination.
LAW 9950 Community Law Clinic (3-6 credits, max 12)
Representing clients in proceedings primarily involving family law issues including divorce, custody, termination of parental rights, adoption, and contempt proceedings. Clinic students also advocate for victims in domestic violence protection order hearings, defend clients in criminal misdemeanor cases, and represent clients in consumer protection matters, landlord-tenant disputes, and probate actions. Course provides experiential learning credit.
Prereqs: LAW 9500, LAW 9620, and LAW 9710; and permission; and qualification for limited license as legal intern in Idaho. LAW 9630 recommended.
Coreqs: LAW 9580
LAW 9960 Immigration Litigation & Appellate Clinic (3-6 credits, max 12)
Represent immigrant clients in administrative applications, immigration court cases, federal litigation, and appeals, including in the Ninth Circuit. Advise community members on immigration issues. A seminar provides students an opportunity to study the substantive law and lawyering skills needed for their work and to reflect on it. Course provides experiential learning credit. It's recommended that LAW 9710 and 9580 are taken previously or concurrently.
Prereqs: LAW 9500, LAW 9620, and LAW 9850 or permission; and permission; and qualification for limited license as legal intern in Idaho.
LAW 9970 Mediation Clinic (1-6 credits, max 9)
Legal aid clinic in which legal interns provide mediation services and hone their skills in communication, facilitation, negotiation, organization, and ethics.
Prereqs: LAW 9120 or LAW 9130; and LAW 9500, LAW 9620, and LAW 9710; and permission; and qualification for limited license as legal intern in Idaho
LAW 9980 Tax Clinic (2-6 credits, max 9)
Representation of low-income taxpayers in disputes with the IRS at the audit, appeals, collection, and Tax Court levels. Students are exposed to the Boise tax community through frequent practitioner guest lecturers, an IRS field trip, and by attending Tax Court calendars, and they are required to complete a community outreach project. Recommended Preparation: LAW 9270, LAW 9500, and LAW 9580.
Prereqs: LAW 9300, LAW 9620, and LAW 9710; and permission; and qualification for limited license as legal intern in Idaho
LAW 9990 (s) Study Abroad/Off Campus (1-18 credits)
Credit arranged. Graded P/F.