Course Descriptions Q-S

Course Credit Information

A – Usually offered during alternate years
CR/NC – Credit if course is passed; no credit if course is not passed
CR/F - Credit if course is passed; grade of F if course is not passed
N – Not regularly offered
S – May be offered as a seminar
2-3 – Credit may vary between 2 and 3 credits
SK – Skills course
*New course

203. RACE, LAW AND HISTORY IN IOWA. 3
This course examines the Iowa experience in raise and the law from a historical perspective. It is primarily a lecture course, but with as much student participation as possible.

The narrative of the course will be largely chronological, beginning with an overview of Native peoples who lived in what is now geographically knows as Iowa and approaching the present time. While the focus is on historical events in Iowa, the course will compare developments in Iowa with those occurring nationally and in other states. The emphasis will be on understanding specific historical events and how these events related to the development of the Iowa legal environment related to race and the law. Events examined include the development of natural law in the enlightenment era, the crafting of state and federal constitutional provisions impacting race, the anti-slavery movement in Iowa, the rise of Jim Crow, the impact of Worlds War I and II on race relations in Iowa, the struggle in the twentieth century over racial discrimination in rural lowa, in soda fountains, and dance halls, the enactment of Iowa civil rights legislation, the rise of de facto segregation, and other contemporary issues related to racial justice. In covering these topics, the course will consider aspects of the Native, Black, Latinx, Asian, and European experience in Iowa over time. At the conclusion of the class, students will consider lessons that might be learned from the march of history on Iowa civil rights law.

The course is designed to benefit not only students interested in practicing In Iowa but all who are interested in the complex interaction of history, race, and the law.

There is no published text for this course. Students will work from a comprehensive outline of materials provided by the instructor.

In addition to class attendance, students will be expected to prepare two written 2-5 page "Reflections" regarding selected topics during the course. A final examination will also be given. The final exam will account for 2/3 of the grade, while the reflections will total 1/3 of the grade.

325. RACE, LAW AND SOCIAL CHANGE. 2 S
This course explores the relationship between law and social change in the United States. It focuses on a selection of social movements—namely, the civil rights, women’s, LGBTQ+, and sustainable development movements—to identify the strategies and organizational structures of such movements historically and in current events. Within this context, students will analyze the advantages and limitations of law as a tool for social change. This course does not seek to advocate for any particular policy or strategy considered, but rather, to foster critical thinking and contemplation of creative solutions.

557. FRANCE-COMPARATIVE RACE AND THE LAW. 1.
This course will explore how race is treated in the law in three distinct democracies that approach the problem very differently. We will compare the United States, France, and South Africa, which have all had troubled pasts with race relations and racism. Each one of these democracies has taken different approaches to remedy past injustices and create a more equitable future. France attempts to be a color-blind country by constitutionally prohibiting distinction by race. In South Africa, the constitution prevents racial discrimination and proactively addresses past harms by mandating race-based redress measures. The United States aims for equal treatment under the law in both the constitution and in statute but has interpreted those provisions to allow racial preference when there is a compelling government interest. Despite all three countries working to eliminate racial discrimination and inequality, each has its unique challenge with achieving these goals. This course will examine how each legal system approaches race in their constitutions regarding education, employment, and housing. We will also examine the current issues of the day that demonstrate that all three countries are not post-racial societies.

800G. THE REGULATORY PROCESS. 3 (M.J. and LL.M. Only)
This course will provide students with an understanding of the legislative and regulatory process. Students will study the legislative law-making process, administrative agency structure, and regulatory authority; agency rule-making, guidance and regulation processes; regulatory and statutory interpretation; monitoring of agency and legislative action; administrative advocacy; and administrative supervision, examination, and enforcement. Students will also be exposed to statutes and regulations specific to various industries, such as financial services, health, insurance, and employment.

222. REAL ESTATE TRANSACTIONS. 3
Course examines brokerage contracts, basic mortgage law, contracts for sale of land, buyer's and seller's obligations and remedies, marketability of title, recording acts, priorities, notice, curative acts, marketable title acts, and examination of abstracts.

521. ADVANCED REFUGEE CLINC. 1-3 SK
Students who have successfully completed the introductory semester of the Refugee Clinic (LAW 520) may take this course with faculty permission to continue work in the Refugee Clinic for an additional semester.

520. REFUGEE CLINIC. 4-6 SK
The Refugee Clinic will provide Drake Law students with the opportunity to engage in direct client representation on behalf of non-citizen applicants for asylum.  Applications for asylum involve student representation before the Department of Homeland Security, the Department of Justice Executive Office for Immigration Review (i.e. the Omaha Immigration Court), the Board of Immigration Appeals, and the federal Courts of Appeal under relevant student practice rules. Open to all 2L and 3L students who are concurrently enrolled in or have completed Immigration Law.

648. REINTEGRATION ADVOCACY PROJECT INTERNSHIP. 4-6 SK
This internship will provide students a unique window into the collateral consequences for individuals who are justice involved and been through the justice system.  Students will participate in completing in-depth legal assessments of persons reintegrating themselves back into the community after being incarcerated. The legal assessments will identify legal barriers and create feasible action plans for clients to overcome those identified legal barriers. The internship will provide extensive experience in effective client interviewing and rapport building. Students will learn and advise clients about numerous legal issues (areas of law) and is a great way to prepare for a position in a general practice law firm upon graduation.

213. SALES. 3
This course explores code systems in sales transactions focusing on UCC Article 2 and, selectively, UCC Article 2A, governing leases of goods, and the Convention on the International Sale of Goods (CISG), governing international sales. The course examines issues of formation, performance, warranties and disclaimers, including the federal Magnuson-Moss Warranty Act, risk of loss provisions, and remedies.

334. SECOND AMENDMENT:HISTORY, THEORY AND PRACTICE. 3
Students enrolling in this course should have dual expectations. First, they should be prepared to explore in depth the Second Amendment and the current issue of gun violence. Second, they should be ready to write a scholarly paper related to Second Amendment theory, litigation, and politics. 

Second Amendment jurisprudence is developing rapidly, in 2008 the Supreme Court's decision in District of Columbia v. Heller, for the first time established an individual right to possess firearms, the Court decided New York State Rifle & Pistol Association v. Bruen, setting out a new legal test focused on text, history, and tradition. Applying Heller and Bruen, we will consider these questions: Can we regulate certain types of weapons? Can we prohibit certain categories of persons from possessing weapons? Can we prohibit the possession of firearms in certain sensitive spaces? 

Students must choose a topic related to firearms law, submit a detailed outline, and then a first draft. Professor Carroll will line-edit the draft. Students are expected to respond to the line-edit by editing and revising to improve clarity, precision, and accuracy.

256. SECURED TRANSACTIONS. 3
An examination of sales financing with primary emphasis on Article 9 of the Uniform Commercial Code. Payment for goods through the use of commercial paper and bank collections and deposits are also examined (Articles 3 and 4 of the U.C.C.). Methodology is emphasized and the problem-solving technique is the predominant classroom experience. This course is not a prerequisite to Debtor/Creditor Law, but it is strongly recommended that it be taken prior to enrolling in that course.

251. SECURITIES REGULATION LAW. 3 A
This course examines the federal and state laws governing the securities industry and explores underlying laws, regulations, policies, and current or emerging issues involved in federal and state securities regulation, primarily through the Securities Act of 1933, the Securities Exchange Act of 1934, and selected aspects of the Dodd-Frank Act of 2010. Coverage will include: (1) the securities distribution process; (2) special emphasis upon alternatives to a public offering through exemptions from registration that small and medium-size businesses regularly use in raising capital; (3) the law governing trading in securities (both the "anti-fraud" rules and extensive federal litigation involving them and the similarly extensive, still-evolving law addressing "insider trading"); (4) the functions of the Securities and Exchange Commission and self-regulatory functions of the securities exchanges; and (5) the roles in all of these subjects of directors, officers, investment bankers, accountants, and especially legal counsel.

601. SECURITIES LAW INTERNSHIP. 2 CR/F
Students serve as interns with attorneys within the securities regulatory agency for Iowa, working on a variety of securities regulatory matters.

246. SEXUAL HARRASMENT AND MODERN TORTS. 3
This course will begin with an exploration of the torts of sexual harassment, invasion of privacy, defamation, and the business torts covered on the Multistate Bar Exam. Afterward, the course will take a detailed look at recent multi-million dollar verdicts in these areas, and examine the particular situation and trials that produced them.

245. SPORTS AND ANTITRUST LAW. 3
This course covers the legal landscape of professional and amateur sports. Topics covered include the intersection of sports and labor law, arbitration, agent representation, communications law, tort law, and education law. Particular attention is paid to current issues in the field of sports law, such as the impact of Title IX on amateur athletics. The course will also cover the essentials of antitrust law, with an emphasis on sports-related antitrust issues. An understanding of antitrust is critical for both counselors and litigators in today's complex and highly regulated economy. Primarily through sports-related examples, the course will address the significant areas of antitrust including horizontal agreements, boycotts, monopolization, and joint ventures.

399. STATE CONSTITUTIONAL LAW. 3.
This course will examine the role of state constitutions in American law.  The course will emphasize two themes, reflecting the traditional division in constitutional law between structural issues and individual rights.  The first theme will be comparison of state constitutions and the U.S. Constitution with respect to the structure of government.  Here, the course will examine the difference between formal and functional views of separation of powers.  Topics discussed will include legislative power and judicial functioning and accountability.  The course will also cover the implications of state government structure for enforcement of rights.  The second theme of this course will be examination of how doctrine on individual rights has developed under state constitutional law.  It will start with the differences between negative rights and positive rights, highlighting the later in state constitutions. The course will then consider how state constitutions place affirmative obligations upon government, along with the implications of these obligations for the structure of state governments.  Specific topics covered here will include adequate education, marriage equality, and jury service.  The course will also examine passage and impact of state constitutional amendments. Prereqs:Constitutional Law I and II.

261. STATE AND LOCAL GOVERNMENT LAW. 3
This course examines the sources of, and limitations on, the power of state and local governmental units. The course explores the relationship between federal, state, and local governments and the constitutional issues relating to local government activities. Students will look at the legal and policy issues involved with critical public services, from the provision of potable water to education to zoning.

639. STATE PUBLIC DEFENDER APPELLATE INTERNSHIP. 3 CR/F
Students in this internship research and write appellate briefs and argue the case before the Iowa Court of Appeals or the Iowa Supreme Court. Students are supervised by experienced attorneys in the appellate division of the State Public Defenders Office.

638. STATE PUBLIC DEFENDER INTERNSHIP. 3 CR/F
Students in this internship conduct witness interviews, perform legal research, attend court proceedings with the supervising attorney, help prepare for trial, and otherwise assist state public defenders on felony cases. Students in this internship do not practice law under the student practice rule. Students in this internship learn from experienced defense attorneys about pretrial and trial preparation and procedure in the context of felony cases.

637. SUPREME COURT ADMINISTRATIVE INTERNSHIP. 3 CR/F
Student interns learn about administration of the state judicial system through work with the justices of the Iowa Supreme Court in their role supervising the judiciary. Students will work individually and in groups with the justices of the Iowa Supreme Court developing and evaluating proposals for administrative reform of the judiciary. Prerequisites: Completion of 45 credit hours, a minimum 3.0 GPA, a demonstrated commitment to scholarship (through participation in a law journal, significant research for faculty for publication, judicial internship, etc.), a strong academic record, a faculty recommendation, and approval of the associate dean. The subject for this year will be a study of alimony guidelines from other states to determine whether Iowa should consider adopting guidelines. Associate Dean will supervise the internship. Students will write a report and give a presentation to the Iowa Supreme Court justices.

201. IOWA SUPREME COURT SCHOLAR RESEARCH OPPROTUNITY. 3 CR/F
One third-year student will be selected for academic year residence at the Iowa Judicial Branch Building, co-authoring a law review article with an Iowa Supreme Court Justice.  The research commitment extends over the entire academic year (fall/spring); however, credit for all hours will be given in the spring semester.  Criteria for selection is as follows: A demonstrated commitment to scholarship (through participation in a law journal, significant research for faculty for publication, judicial internship, etc.), strong academic record, and faculty recommendations.  Students should apply through the Associate Dean's office.  This course is CR/F.