UMKC SCHOOL OF LAW 

FIRST  DAY ASSIGNMENTS

Fall Semester 2005

as of  August 23, 2005  1:00 pm

500s      600s     700s      800s

  500s                  

COURSE 

PROFESSOR

ASSIGNMENT

501A

Contracts I

Ferguson

Please read Chapter 1, An Introduction to the Study of Contract Law, C. Knapp and N. Crystal, Problems in Contract Law, Cases and Materials (5th. ed. 2003).

501B

Contracts I

Abdel-khalik

Please read pages 1-36 in the casebook PROBLEMS IN CONTRACT LAW (5th ed.) by Knapp, Crystal & Prince.  The focus of the class will be in discussing Burch v. Second Judicial District Court of Nevada and beginning the discussion of the bases of legal obligation.   

501C

Contracts I

Downs

Introduction to Law, Contracts and everything else.  No Assignment.

Syllabus available at  http://www.law.umkc.edu/Faculty/DownsLinks.htm 

511A

Torts I

Story

Please read Dobbs & Hayden, Torts and Compensation (5th ed.), pp. 2-9, 21-34, 37-50.

Please make sure that you purchase the new 5th edition of this casebook. The 4th edition book will not suffice.

Syllabus located at http://www.law.umkc.edu/Faculty/StoryLinks.htm 

511B

Torts I

Rostron

The textbook for this course will be Torts and Compensation by Dan B. Dobbs and Paul T. Hayden (West Group 5th edition 2005).  Please note that this is a brand new 5th edition of the book, just published a few months ago, so any used copy being sold is very likely to be the old 4th edition.  We will be reading about two dozen cases that were added to the 5th edition and are not in the 4th edition, so you will want to make sure you get the 5th edition.  You could get the 4th edition and then try to make copies of all the new cases and figure out what page numbers in the old book correspond to the page numbers in the new edition, but it would be quite a hassle.

For our first class session (which will be at 8:30 a.m. on Tuesday, August 23rd), please read pages 2-3, 22-28, and 37-45 of the textbook.  The section on “What is Tort Law?” (pages 2-3) and the section on litigation procedures (pages 22-28) are for background purposes.  They will tell you a little bit about tort law, why we read judicial opinions, and the basic procedures in a civil lawsuit.  The first class session will focus on the cases on pages 37-45, so please read them carefully and be prepared to answer questions about them.  (You do not need to read the A.R.B. v. Elkin case on page 45, so you can stop reading at the end of the note preceding it.)

511C

Torts I

Levit

Required Texts: Dan Dobbs & Paul Hayden, Torts and Compensation (5th ed. 2005) 
Note: It is a new edition this year. Last year’s book will not work.
Supplement: download from internet at  http://www1.law.umkc.edu/faculty/levit/index.htm under Torts I Course Materials (in either Word or .pdf format)
Assignment for our first class: please read pp. 2-9, 21-28 in Dobbs and Hayden as background, and please read and brief the cases on pp. 37-top of 41 (Van Camp v. McAfoos and Snyder v. Turk).

522A

Civil Procedure II

Achtenberg

http://www1.law.umkc.edu/Academic/Fall2005/FirstDayAssignments/CivProII.pdf 

522C

Civil Procedure II

Story

Please read pp. 666-686,  Marcus, Redish & Sherman, Civil Procedure: A Modern Approach (3rd ed.)

Syllabus located at http://www.law.umkc.edu/Faculty/StoryLinks.htm 

522B

Civil Procedure II

Klonoff

The BIN LADEN and DOLE cases (available at  http://www1.law.umkc.edu/Faculty/klonoff/CivilProcedure2/Fall2005/index.htm )

531

Introduction to Law & Lawyering Processes I

All Sections

http://www1.law.umkc.edu/academic/LWP/index.html

541A

Property I

Cheslik

A paper copy syllabus will be distributed on the first day of classes. Until then…

First Day Assignment:  For our first day of Property on Tuesday, August 23th, please read and prepare pages 3-19 of your Property casebook by Dukeminier and Krier.

Course Materials:  In addition to the two books listed on the bookstore website (Dukeminier and Krier Property 5th ed. Aspen and Laurence & Minzner’s Student’s Guide to Estates in Land and Future Interests), you should also purchase a paper photocopy supplement at Roos Prints in the law school library.

541B

Property I

Hood

Read Chapter 1, pp. 2-8 in Contemporary Property Law by Nelson et. al.

Read Chapter 1, pp. 30-43 in Contemporary Property Law by Nelson et. al.

541C

Property I

Randolph

1st assignment

http://www1.law.umkc.edu/Academic/Fall2005/

FirstDayAssignments/PropertyIAssignment.pdf

Please pick up the Property I handout which will be available in the Cardozo/Marshall Suite (2-300) and read the noted pages in Chapter 1, Property, Cases and Materials by Bernhardt, Palomar & Randolph.

2nd assignment   Pages 1-18

3rd assignment    Pages 19-37

552A

Federal 

Taxation

Hoyt

1) 2006 West Federal Taxation, Comprehensive Vol (not 2005 or older)

2) Internal Revenue Code & Regs (Used copy is OK) NOTE: With internet access, there's no need to purchase Code & Regs. Go to Prof Hoyt's TWEN page at www.lawschool.westlaw.com  to get free Code & Reg sections (demonstrated during the first class).

3) Compilation free from Prof. Hoyt's web page  http://www1.law.umkc.edu/Faculty/Hoyt/index.htm 

SYLLABUS West Tax Course;West Problems

Date        Topic Code & Regs            Compilation (underlined)

8/22         History/Tax Policy             61,62,63 1-2 to 6; 1-24 to 28, skim rest

                (extended class to 12:45) (skim) of Ch. 1; skim 2-2 to 2-12

                 Exmptns/Filing Status 151, 152 3-27 to 32

                                                       Do problems:Chapter 3: 48,47,18,19,20,21

8/24         Dependents (2005) 3-10->18;3-9&10;3-22->24;3-35&36

 

Syllabus available at http://www1.law.umkc.edu/Faculty/Hoyt/index.htm 

552B

Federal 

Taxation

Wiseman

Tuesday, August 23, 2005

Read chapter 1, pp. 2 – 46 in Fundamentals of Federal Income Tax

Thursday, August 25, 2005

Read pp. 48-68

Internal Revenue Code §61; 

Problems to be assigned first day of class

                                                                                                                             

  600s

COURSE 

PROFESSOR

ASSIGNMENT

601A

Business Organizations

Downs

Introduction to Business Organizations     pp. 1-8 Hamilton

Syllabus available at  http://www.law.umkc.edu/Faculty/DownsLinks.htm

601B

Business Organizations

Luppino

Read Course Syllabus and Case Study #1 (to be available in Whittaker Suite starting August 15)

NOTE:   You will also need to purchase from Roo Prints the package of Missouri Business Organizations Statutes that should be available there starting on August 17.

601C

Business Organizations

Hoyt

Assigned Readings
(1) "H" - Hamilton, Corporations, 9th Ed. Do NOT purchase the statutory supplement to the Hamilton text.
(2) "A" & "P" - "A" is a compilation of photocopied materials which appears on-line at Prof Hoyt's web page. "P" refers to assigned problem published by Prof. Hoyt.
UPA ASSIGNMENTS AND
DATE    TOPIC (Ch. 358)                        PROBLEMS 
8/22         Introduction/Overview           H:1-4; 7-16; skim 163-169
                of Business Organizations A: Section 356.171 [Prof.Corp]

8/24        Agency                                     H: 4-7; 
                                                             A: Moore, Suburban Bus Products Hamilton,Barton
                                                             A; Agency Rest 3rd; Unisource
8/26       Agency P:                             All Agency Problems

Read Course Syllabus and Case Study #1 (to be available in Whittaker Suite starting August 15)

NOTE:   You will also need to purchase from Roo Prints the package of Missouri Business Organizations Statutes that should be available there starting on August 17.  

Syllabus and additional materials available at http://www1.law.umkc.edu/Faculty/Hoyt/index.htm 

605

Antitrust and Competition Law

Eiszner

Matye

 

Week 1 - Economic Underpinnings and Basic History 

Assignment

  1. Read Chapter 2 of Sullivan and Hovenkamp (pp. 43-63).  If you are struggling with the concepts in Chapter 2, read Chapter 2 of Sullivan and Harrison (optional text)

  2.  After you understand the basics of Chapter 2 of Sullivan and Hovenkamp, then read Chapter 1 of Sullivan and Hovenkamp (pp 1-42).

Please feel free to contact one or both of us if you have questions or wish to discuss anything.

611

Estates & Trusts

Hanna

Please read pages 1 through 40 of WILLS, TRUSTS & ESTATES by Dukeminier and Johanson.

614R

Estate Planning for Retirement Plan Benefits

Wright

Price

Read chapter 1 from Choate, Life and Death Planning with Retirement Benefits

632

Constitutional Law II

Kobach

Required texts:   Gerald Gunther and Kathleen M. Sullivan, Constitutional Law, 15th Ed. (Westbury, N.Y.:  Foundation Press, 2004) (“GS,” below).

 

Syllabus and additional readings available on TWEN.

I.  THE ROLE OF THE COURTS

(1)            Introduction

            Theories of constitutional democracy.  The premise of delegated powers.  Policing the boundaries between the branches of government and between state and federal power.  Review of Marbury v. Madison and Ch.J. Marshall’s assertion of the power of judicial review. 

·        GS 2-31.           

633

First Amendment Law

Linder

Our first class, on Monday, August 22, 2005, will introduce Free Speech Clause of the First Amendment.  Course materials, including the syllabus, notes, and cases are posted on “Exploring First Amendment Law,” a website created specifically for our course.  The URL for the site is:  http://www.law.umkc.edu/faculty/projects/ftrials/firstamendment/firstamendmenthome.htm

 

In preparation for our class discussion, read the materials assigned for the first session, “Introduction to the Free Speech Clause.”  Give some thought to what you think are the greatest benefits and the greatest costs that come from affording extensive constitutional protection for expressive activities. 

634A

Criminal  Law

Berger

Kadish & Schulhofer, Criminal Law and its Processes (7th ed.)
Read pp. 140-143; 101-104; 107-110; and 115-135 in the order listed.

634B

Criminal  Law

Eckhardt

Please read in Criminal Law and Its Processes (7th ed.) by Caddish and Schulhofer: 

pp. 1-20, 87-88.

634C

Criminal  Law

O'Brien

Syllabus and additional readings located at

http://www.law.umkc.edu/faculty/OBrienlinks.htm 

635

Criminal  Procedure I

O'Brien

Text: Israel, Kamisar & LaFave, Criminal Procedure and the Constitution

(Thomson West, 2004 Ed.)

I. Introduction to the Course and Incorporation: 

1. An Overview of the Criminal Justice Process; Casebook pp. 4-32; 

(skim this section for basic concepts)

2. The Fourteenth Amendment Due Process Clause-Incorporation; Casebook pp. 33-54

 

Syllabus http://www.law.umkc.edu/faculty/OBrienlinks.htm  

641R

Legislation

Kobach

Required texts:  William N. Eskridge, Jr., Phillip P. Frickey, and Elizabeth Garrett, Legislation:  Statutes and the Creation of Public Policy, 3rd Ed. (St. Paul:  West, 2001) (“EF,” below).      2004 Supplement to Legislation.

 Recommended text:  Lawrence E. Filson, The Legislative Drafter’s Desk Reference (Washington:  Congressional Quarterly, 1992).

Syllabus and additional readings available on TWEN).

I.  LEGISLATIVE THEORY AND PROCEDURE

(1)      Introduction; legislative theory

         Introduction to the art of statutory interpretation.  Models of legislation, Madisonian theory and public choice theory. 

·       EF: 47-81. 

·       North Carolina v. Fly;  (available on TWEN).

·       Federalist 10.   (available on TWEN).

                                                                                                                             

700s

 COURSE 

PROFESSOR

ASSIGNMENT

703

All Sections

Trial Advocacy II

First Week’s Assignment

Read Mauet, Trial Techniques (6th edition) Chapter XI, Trial Preparation and Strategy pgs 499-540.

There will be no role-playing during week one. Rather, there will be an introduction to the course and discussion of subjects covered in Chapter XI.  

Purchase the following from Roo Prints: Trial Advocacy II Helps and Student Role-Playing Exercises

706

Complex Litigation

Klonoff

  1. Rule 23 (in beginning of the casebook supplement, available from ROO Prints in the Law Library on Wednesday, August 17th.)

  2. Class Action Fairness Act (in beginning of supplement)

  3. Mississippi (available at http://www1.law.umkc.edu/Faculty/klonoff/ComplexLitigation/Fall2005/index.htm )

  4. 5-8, 8-12, 24-31, 35-39 (in casebook)

707E

Advanced Legal Research and Writing: Scholarly Writing

Callister

Weddle

Please note that the Scholarly Writing course will meet only on Wednesdays, so we will not have class until then. For that class, please read Volokh, pp. 1-32 and Fajans & Falk, pp. 1-44.

716

Cyberlaw and the Infosphere

Callister

Before class, students need to enroll in my course through the Lexis-Nexus Web Course page at http://www.lexisnexis.com/lawschool/webcourses/ .  They need to explore the site and get their assignments for readings and posting to the class discussion boards prior to the first day of class.  The password for enrolling into the course is "GROKSTER".  After self-enrolling, students can get their assignments by looking under the "courses" tab and looking for a link to "assignments."

720

Secured Transactions

Ferguson

Unless otherwise announced, class presentation and discussion presume that class members are familiar with the assigned materials.  The text for this course is Lopucki & Warren, Secured Credit: A Systems Approach (4th edition 2003), and Commercial and Debtor-Creditor Law (Selected Statutes) (2005).  The West Nutshell, Debtor-Creditor, by Epstein (6th ed.), may also be helpful in students gaining an overview of the course materials.  The nutshell is a secondary source, nothing will be more helpful than the student gaining a working knowledge of the Supplementary Statutes and the cases assigned.

Please decide where you want to sit in this class.  I will be passing around a seating chart on the second day of class.

Chapter 1, Creditors’ Rights Under State Law

Assignment #1: Remedies Of Unsecured Creditors Under State Law pp. 3-20

725

Water Law

Ragsdale

Please read "Water Resource Management, 5th ed." PP.47-57

728

Law and the American Indian

Willingham

Read pp. 1-62 (Ch. 1, pp. 1-37 and Ch. 2, pp. 39-62) of Getches’ Federal Indian Law

732

Alternative Dispute Resolution

Kisthardt

Update to First Day Assignment.

I understand that the bookstore does not yet have copies of the text book.  We will be using Riskin & Westbrook, Dispute Resolution and Lawyers ( 2d ed. 1997). A new edition of the text was scheduled to be released in August, however it has been delayed so we will use the 1997 edition.  It is the same one we have been using for this course since 1997 so you should be able to secure a used one fairly easily.  For those you not able to secure a text before the first class, I have made copies of the reading assignment and placed them on the table in the Holmes suite.

 

Please read and be prepared to discuss pages 1-18 in the Riskin text and Jean Sternlight, ADR is Here: Preliminary Reflections on Where it Fits in a System of Justice, 3 Nev. L.J. 289 (2003). The article can be obtained on line or a hard copy can be picked up from the table in the Holmes suite.

733R

Juvenile Offenders & the Law

Raith

Read pp. 1-47 in Juvenile Justice Administration 2nd Ed., Barry Feld

735

Famous Trials Seminar

Linder

For our first session on Tuesday, August 23, 2005, we will be discussing the Scopes “Monkey” Trial of 1925.  In preparation for class discussion, please read the introductory essay (“An Introduction”), “Observer’s Account,” at least two of the “Biographies of Key Figures,” “Excerpts from the Scopes Trial Transcript,” plus at least two additional essays of your choice posted anywhere on the Scopes trial site.  I do not expect anyone to read ALL of the posted materials. You might consider printing out materials on the site you find particularly helpful in understanding the Scopes trial.

 

The  Famous Trials site can be accessed using either of the following URLs:  http://www.law.umkc.edu/faculty/projects/ftrials/ftrials.htm  or http://www.umkc.edu/famoustrials .  Note that a tentative syllabus for the seminar is accessible from that page (look at the fine print) as well as the information of the Scopes trial.

736

Debtor / Creditor Rights

Zeiler

Read pp 3-10 or The Law of Debtors and Creditors (4th ed. 2001) and pp. 16-21 and Summit Loans v. Pecola  (see syllabus at http://www1.law.umkc.edu/Academic/Fall2005/ FirstDayAssignments/DebtorCreditorSyllabusPt1v1.pdf)

751

Family Law

Kisthardt

Please read and be prepared to discuss chapter one of the text.

753

International Law

Green

Monday August 22nd 4pm  Bloch 13

No reading assignment. Abandon previously held notions about the nature and efficacy of International Law and arrive with a clear and open mind. Be prepared to wrestle with the devil.  Bring ONE written question to which you hope to learn an answer during the course.

757

Business Planning 

Luppino

Read Course Syllabus and Case Study # 1 (both will be available in Whittaker Suite starting August 15) and prepare the list of questions described in Case Study #1 (to be discussed in class, but not handed in)

NOTE:   You will also have to purchase from Roo Prints a package of Supplementary Materials for this course which should be available starting August 17.

757R

Entrepreneurial Law / Practice Clinic

Hood

Luppino

Sharp

Pages 1-104 of Assignment Book, available in Whittaker Suite

763

Labor Law

Berger

Janowitz

Assignment for First Week
Text: Cox, Bok, Gorman & Finkin, Cases on Labor Law (13th ed.), with supplement.
For the first week, read in the following order:
a) text, pp. 78-93 (The Wagner Act); 104-114 (NLRB Organization and Procedure)
b) text of National Labor Relations Act in statutory supplement
c) text, pp. 93-104 (Jurisdiction, Organization and Procedure of the NLRB)

764

Administrative Law

Eckhardt

Pick up Letter in Cardozo Suite (2-200)

Please read in Administrative Law: A Casebook (5th ed.) by Schwartz

     Week  #1 and  #2

     Chapter 1.  Administrative Agencies and Administrative Law (pp. 1-60)

766

Land Use Planning

Cheslik

For our first class on Tuesday, August 23, 2005, please read the first chapter of the Callies, Freilich and Roberts casebook and come to class with a well thought out idea of the principles that you would implement if you were starting from scratch in planning Kansas City.

Also, starting at least one week before class begins, read at least one newspaper a day, noting articles about land use planning or land use disputes. On the first day of class, be prepared to describe generally at least 3 land use disputes to the class.

770

State & Local Government

Moore

Read Textbook, pp. 899-960 (Chapter 12)

http://www1.law.umkc.edu/Academic/Fall2005/

FirstDayAssignments/StateLocalSyllabus05.pdf 

 

Missouri Revised Statute Section 527.010

788R

Arbitration

Whitacre

http://www1.law.umkc.edu/academic/Fall2005/

FirstDayAssignments/ArbitrationSyllabus.pdf 

                                                                                                                             

 

800s

 COURSE 

PROFESSOR

ASSIGNMENT

813

Employment Discrimination

Levit

Required Text: ZIMMER, SULLIVAN & WHITE, CASES AND MATERIALS ON EMPLOYMENT DISCRIMINATION (6th ed. 2003) (“Zimmer”)
Recommended Text: ZIMMER, SULLIVAN & WHITE, EMPLOYMENT DISCRIMINATION: SELECTED STATUTES (2003) 
(Note: If you don’t wish to purchase your own statutory supplement, since we will be covering only a select few of the statutes in it, I have placed several of my own copies of the statute book on reserve in the Law Library)
Assignment for our first class: please read in Zimmer, pages 31-54.
A syllabus for the course and notes about class participation can be downloaded from the internet at http://www1.law.umkc.edu/faculty/levit/index.htm  under Employment Discrimination Syllabus (in either Word or .pdf format)

815

Products Liability

Rostron

The textbook for this course will be "Products Liability: Cases, Materials, Problems" by Phillips, Terry, Vandall & Wertheimer (LexisNexis 2d edition 2002). There is also a package of supplemental material that you will need to get from Roo Prints in the law school library.

For the first class, please read the following materials in the textbook:
Winterbottom (pp. 1-2)
Huset (pp. 2-4)
Kuelling (pp. 4-5)
Statler (pp. 5-6)
Chapter 2 §A ("Introduction") (p. 9)
MacPherson (pp. 81-84)

838R

Tax Practicum I

Wiseman

Monday, August 22, 2005

12:30-4:30  Meet in ERC

Reading:  Federal Tax Research (6th Ed. Richmond) pp. 1-9, 29-31, 61-67, 107-120, 135-158 (skim)

Wednesday, August 24, 2005

12:30-4:30 p.m.  Meet in ERC

Reading:  Federal Tax Research (6th Ed. Richmond) pp.    173-178, 186-188, 220-238, 240-248

Thursday, August 25, 2005

Noon – 1:15  Meet in ERC     No reading assignment.

 

Schedule and Research Problem located at 

http://www.law.umkc.edu/Faculty/wisemanlinks.htm 

848R

State & Local Tax

Hood

Please read pages 18-26 of Chapter 2 of text

Please read pages 33-64 of Chapter 3 of text

State & Local Taxation by Hellerstein 

875

Real Estate Transactions

Randolph

http://www1.law.umkc.edu/Academic/Fall2005/

FirstDayAssignments/RealEstateTransPreliminaryFall05.pdf 

881

Seminar on the Supreme Court

Achtenberg

Please refer to my e-mail dated 8/8/2005 for your first day's assignment.

882

Patent Law

Holman

Please read pp. 1-35 of  Patent Law and Policy: Cases and Materials (3rd ed.) by Merges and Duffy.

886

Corporate Tax I

Hood

Read Chapter 1 and pages 51-67 of Chapter 4.

892R

Taxation of Estates, Gifts & Trusts

The text for this class is the student edition of the treatise on Estate & Gift Taxation by Stephens, Maxfield, Lind, Calfee & Smith published by Warren, Gorham & Lamont.  It is available online through RIA.  RIA is a subscription service, but it is available to UMKC law students through the library and is a free service to law students. 

The IRC references are to the Internal Revenue Code.  A required text for this course is a compilation of IRC statutes and Treasury regulations.  You may use any one of many free sources for these statutes and regulations, but you must be able to have them readily available in class. 

Tuesday, August 23, 2005

Introduction and “Gross Estate”

Read Internal Revenue Code §§2001;  2031, 2033

Text:  §4.01, 4.05, 4.02[1] & [2]

Thursday, August 25, 2005

Valuation

IRC § 2031, 2033, 2032

Text:  ¶4.02, 4.03

893R

Taxation of Property Transactions

Schedler

Read Ch. 28, 28.01-28.07  IRC § 1001.  Treas Reg. § 1.1001-1(a); Cottage Sav. Ass’n v CIR, 499 US 573 (1991)