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
314. RACE AND THE AMERICAN LAW. 2-3
This seminar examines the intersection of race and the law. This course will critically examine race from a legal standpoint from America’s colonial period to the present day. It will conclude with an analysis of the contemporary status of racial in the legal system and consider recent scholarly critiques of the law’s limitations in effecting racial justice. It addresses the racial and legal history of major groups in the US including African-Americans, Asian-Americans, Latino/as, Native Americans, and Whites and examines the nexus between law and the construction of race as a concept.
099. RACE AND THE CONSTITUTION. 2 SUMMER START
This course will critically examine race from a legal standpoint from America’s colonial period to the present day. It will conclude with an analysis of the contemporary status of racial classification in the legal system and consider recent scholarly critiques of the law’s limitations over time. It addresses the racial definitions of major groups in the US including African-Americans, Asian-Americans, Latino/as, Native Americans, and Whites and examines the nexus between law and the construction of race as a concept.
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.
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.
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.
267. SCIENTIFIC AND EXPERT EVIDENCE. 2
This course reviews specific topics of scientific and expert evidence in more depth than is possible in the basic evidence course. The initial section in the course will involve some fundamental rules about expert evidence, including gatekeeping standards and disclosures. Afterward, the class will examine specific areas of expert and scientific testimony. Topics should include many of the following (depending on availability of guest experts to visit): DNA, forensic science, medical causation, and economic valuation. The class will also perform several written exercises regarding common expert issues, such as motions in limine, expert disclosures, and the like.
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.
644. STATE PUBLIC DEFENDER WRONGFUL CONVICTION INTERNSHIP 2 CR/F
This internship will provide the student with knowledge and familiarity with post-conviction and criminal law in Iowa. Students will also learn to analyze the most common causes of wrongful convictions, including, but not limited to: eyewitness identifications, false confessions, junk science, police & prosecutor misconduct, perjury or snitches, and ineffective assistance of counsel. Students will also become familiar with DNA science and testing capabilities. Students will be exposed to the ethics of post-conviction investigation and representation. Students will be expected to develop skills, including: interviewing witnesses, clients and members of the legal community, drafting post-conviction applications, motions, memorandum, and policy proposals. The internship can be taken for two credits for only one semester, but can also be taken for two credits each in two consecutive semesters (Summer/Fall, Fall/Spring, or Spring/Summer). Note also that students do not need to be certified under the Student Practice Rule, so the course can be taken before a student has accrued 45 credits.
644A. STATE PUBLIC DEFENDER WRONGFUL CONVICTION INTERNSHIP 2 CR/F
This course has the same description as State Public Defender Wrongful Conviction Internship. The courses are numbered separately to enable the student to take the Internships in consecutive semesters, although a student may also choose to take only one semester, that is, the course numbered 644 is not a prerequisite for the course numbered 644A.
644B. STATE PUBLIC DEFENDER WRONGFUL CONVICTION INTERNSHIP 2 CR/F
This course has the same description as the State Public Wrongful Conviction Internship, 644. The courses are numbered separately to enable the student to take the Internships in consecutive semesters, although a student may also choose to take only one semester; that is, the courses numbered 644 or 644A are not prerequisites for the course numbered 644B.
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.