Donald L. Burnett, Jr., Dean, College of Law (101 Law Bldg. 83844-2321; phone 208/885-4977).
Note: Registration by non-law students in any course offered by the College of Law requires permission in advance by the associate dean and the instructor of the course.
Law 805 Introduction to Law and Procedure (3 cr)
Introduction to the history, institutions, and philosophy of law; roles and responsibilities of lawyers; nature of legal claims, process of legal analysis and reasoning; and principles of statutory interpretation. Introduction to civil procedure in state and federal courts, including jurisdiction, trials, and the preclusive effects of judgments.
Law 806 Procedure II (3 cr)
Continuation of the study of civil procedure from Law 805, including jurisdiction, venue, pleading, joinder of claims and parties, motions, discovery, trials, judgments, and appellate procedure.
Law 807 Property (4 cr)
Future interests, landlord and tenant, bailment, easements, covenants respecting the use and enjoyment of land, rights incident to land ownership and fixtures, adverse possession, gifts of personal property, conveyance of land, recording acts, land title assurance, and public control of land use.
Law 809 Torts (4 cr)
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 812 Criminal Law (3 cr)
The sources and purposes of the criminal law; the meaning of criminal responsibility, the elements of crimes, and the administration of criminal justice.
Law 813 Contracts (4 cr)
Basic elements of private, consensual agreements enforced by law: 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. (Spring only)
Law 815 Legal Research and Writing (0 or 5 cr, max 5)
Year-long course. An introduction to traditional and computer-assisted legal research, objective and persuasive legal writing, and oral argument.
Law 816 Constitutional Law I (4 cr)
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.
Law 820 Legislation and Regulation (3 cr)
Legislative and administrative processes and the relationship between the two, including law-making by legislatures and administrative agencies, statutory interpretation, and administrative and judicial interpretation of statutes. (Fall only)
Law 901 (s) Seminar (cr arr)
See the Class Schedule for specific topics.
Law 903 Introduction to Intellectual Property (3 cr)
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 904 Federal Courts (3 cr)
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 905 Constitutional Law II (3 cr)
Continuation from Law 902 of the study of individual rights and liberties protected by the Constitution, with emphasis on civil rights legislation under Section 5 of the 14th Amendment; the "state action" doctrine; and freedom of speech and religion under the First Amendment.
Law 906 Natural Resources Law Seminar (3 cr)
Selected topics in natural resources law and policy. Topics vary with the interest of the instructor and students. (Spring, alt/yrs)
Law 907 Administrative Law (3 cr)
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 908 Introduction to the Law of the Workplace (4 cr)
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 910 Antitrust and Trade Regulations (3 cr)
Regulation of economic activity in a free enterprise system. Antitrust laws examined in detail.
Law 911 Principles of Suretyship (1 cr)
General overview of principles of suretyship and guaranty including rights of the guarantor, guarantor's defenses, and unique applications of suretyship doctrine. Accelerated course.
Law 912 Civil Mediation (2 cr)
Dynamics, benefits, and skills needed in third-party intervention in the settlement of civil disputes; step-by-step introduction to mediation process; examination of mediation as a collaborative process of resolving conflicts and assisting disputants to reach mutually satisfactory agreements. The final paper required in this course does not count toward the upper-division writing requirement. Accelerated course. Graded P/F.
Law 913 Family Mediation (2 cr)
The process of divorce mediation from initial consultation through and beyond settlement; dispute resolution theory and the practical application of these theories. The final paper required in this course does not count toward the upper-division writing requirements. Accelerated course. Graded P/F.
Law 914 (s) Dispute Resolution (1 cr, max 4)
As part of the Northwest Institute for Dispute Resolution, the College offers one or two courses each year that examine discreet areas of dispute resolution. Accelerated course.
Law 916 Public International Law (3 cr)
Survey of major areas of the law of nations and international organizations.
Law 917 Negotiation and Appropriate Dispute Resolution (3 cr)
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 918 Cyberlaw (3 cr)
Introduction to the legal and policy challenges presented by the revolution in creative and commercial activity generated by the advent of the Internet. Topics will include jurisdictional issues arising from the transnational and fundamentally placeless character of digital commerce and communication; questions concerning rights to free speech and privacy on the Internet; and debates concerning the status of intellectual property online and the online distribution of creative content. The course will consider efforts by Congress to regulate and by private parties to control various types of online activities, including, among others, "cybersquatting," peer-to-peer file sharing, the distribution of "spam" and pornography, and online speech. Limited enrollment.
Law 919 Business Associations (4 cr)
Agency, partnerships, corporations, and other types of business organizations; limitations on powers and authority of partners, corporate officers, and directors.
Law 920 Securities Regulations (3 cr)
The law of corporate finance under the Securities Act of 1933 and the Securities Exchange Act of 1934.
Law 921 Accounting for Law Students (1 cr)
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. Accelerated course.
Law 922 Intellectual Property: Unfair Competition (2 cr)
Survey of the common law and statutory means by which a business can protect its names, the marks used to identify its products and services, and the ideas, information, and business relationships which it has developed; trade names, trademarks, trade secrets, and other aspects of the law regulating unfair competition.
Law 923 Negotiable Instruments, Bank Collections and Deposits, and Other Payment Systems (3 cr)
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 924 Sales (3 cr)
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 925 Property Security (3 cr)
Overview of the law relating to secured credit including the mechanisms for creating enforceable security and mortgage interests in real and personal property.
Law 926 Bankruptcy (3 cr)
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 927 Business Entities Taxation (4 cr)
Examination of the federal taxation of pass-through entities and corporations; topics include formation, operations, allocation, distributions, and liquidation; the opportunity to study the concepts of business enterprise taxation as an integrated unit.
Law 928 Tribal Nation Economics and Law (3 cr)
Same as AIST 478. 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 928 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/yrs)
Law 930 Taxation (3-4 cr)
Income and deductions, accounting methods, transactions resulting in capital gain, deferral of tax, and choice of the taxable person; introduction to tax procedure and to income taxation of trusts, estates, and partnerships.
Law 931 Intellectual Property: Patents and Copyrights (2 cr)
A survey of the means by which inventors and authors obtain and enforce rights under the patent and copyrights statutes.
Law 932 Estate Planning (3 cr)
Inter vivos, testate, and intestate disposition of property with emphasis upon estate and gift tax impact and consideration of the law of future interests.
Prereq or Coreq: Law 941
Law 933 State Debtor-Creditor Law (2 cr)
Study of the legal mechanisms for enforcing judgments, and the rights and protections of debtors and creditors as a matter of state law.
Law 934 Land-Use Law and Planning (3 cr)
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 935 Idaho Constitutional Law (3 cr)
Survey of the Idaho Constitution, with particular emphasis on those sections that caused controversy at Idaho's constitutional convention and remain important today. Offered irregularly.
Law 937 Wildlife Law and Policy (3 cr)
An examination of state and federal law applicable to wildlife. (Spring, alt/yrs)
Law 938 International Environmental and Water Law (3 cr)
An examination of international environmental law and the law of international water courses. Recommended Preparation: Law 916.
Law 939 Law, Science, and the Environment (2 cr)
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 907. (Spring, alt/yrs)
Law 940 International Human Rights (2 cr)
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 941 Wills, Estates, and Trusts (3 cr)
Intestate succession, wills, and administration of estates in probate.
Law 942 Water Law I (1 cr)
This course will focus on Idaho specific law on prior appropriation, the permit system, adjudication, and conjunctive management.
Law 944 Local Government and Land Use Law (3 cr)
Legislative, regulatory, tax, and borrowing authority of local government; contract and tort issues; special attention to land use regulation. A research paper may be required instead of an examination depending on size of class. Enrollment of second-year students may be limited by instructor. (Irregular)
Law 945 Community Property (2 cr)
Special problems that arise in connection with the community property system in the western states.
Law 946 Water and Energy Policy Seminar (2 cr)
An examination of advanced topics in water and energy law. Recommended Preparation: Law 942. (Spring, alt/yrs)
Law ID947 Environmental Law (3 cr) WSU ES/RP 548
Environmental planning and protection, regulation of air and water pollution, waste disposal, use of pesticides and other toxic chemicals, and remedies for environmental injury.
Law 948 Natural Resource Law and Policy (3 cr)
An introduction to natural resource law examining resource allocation and management systems, including ESA, FLPMA, NEPA, NFMA, Wilderness Act, WSRA, and other federal statutes applicable to the public lands. (Fall only)
Law 949 Native American Law (3 cr)
Same as AIST 420. Study of judicial, statutory, and administrative materials concerning the historical development of Federal Indian Policy, treaties, the trust relationship, tribal sovereignty and self-government, civil and criminal jurisdiction, rights of individual Indians, state's rights, hunting and fishing rights, and the natural resources of tribes. Law 949 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 950 Evidence (3 cr)
The law governing the presentation of proof in Idaho and federal courts.
Law 951 Environmental Policy (3 cr)
An examination of advanced topics in environmental law and policy. Recommended Preparation: Law 947. Limited enrollment. (Spring, alt/yrs)
Law 952 Remedies (3 cr)
Consideration of legal and equitable relief available to aggrieved parties in contractual or other relationships.
Law 953 Criminal Procedure (3 cr)
Search and seizure, arrest, interrogation, identification, right to counsel, and guilty pleas, with special attention to constitutional law and pre-trial procedures.
Law 954 Trial Skills (3 cr)
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.
Prereq: Law 950 and Permission
Law 955 Appellate Advocacy Program (1-2 cr)
A brief writing seminar including two briefs and the preliminary oral arguments of the McNichols Competition; the faculty advisor is the final arbiter of the number of credits awarded within the guidelines. Graded P/NP; credits earned are not class hours.
Law 956 Appellate (Moot) Court/Mock Trial (1-2 cr)
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. Graded P/F; credits earned are not class hours. 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.
Law 957 Mock Trial (2 cr)
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 958 Trial Advocacy (2 cr)
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 P/F.
Prereq: Law 950 and Permission
Law 959 Critical Legal Studies (2-3 cr, 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: Femi
Law 960 Conflict of Laws (2 cr)
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 961 Jurisprudence (2 cr)
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 962 Professional Responsibility (2 cr)
Status and function of the legal profession, responsibility to clients, the profession, the public, and the administration of justice.
Law 963 Family Law (3 cr)
Legal problems of the family, including marriage, annulment, adoption, and divorce.
Law 964 Children and the Law (3 cr)
Examines the legal status of children, including topics such as the parent-child relationship, guardianship, representation of children, neglect, and adoption.
Law 965 Elder Law (2 cr)
An overview of the legal regimes and practical issues that face lawyers representing older clients. (Alt/yrs).
Law 966 Legal Drafting (2 cr)
This course will familiarize students with transactional and litigation documents, writing for different audiences, and the effective and appropriate use of forms. Students will focus on strategic use of language, avoiding ambiguity, and writing with clarity. General topics covered will include client letters, contracts, and a complaint and answer. Limited enrollment.
Law 967 Advanced Legal Writing (2 cr)
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.
Prereq: Law 815 with a minimum grade of 'C' or Permission of instructor
Law 968 Domestic Violence and the Law (2-3 cr)
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. Students will partner with members of the Domestic Violence and Sexual Assault Clinic to assist clinic students on actual domestic violence and sexual assault cases. Students are expected to complete sixty hours of clinical service, a paper and a class presentation. Students enrolled in the Domestic Violence and Sexual Assault clinic may take the Domestic Violence & the Law seminar for 2 credit hours and will not be required to complete additional hours of clinical service.
Law 969 Water Law II (2 cr)
In-depth study of topics necessary for the modern practice of water law including case studies on adjudication, ground water management and conjunctive management, as well as topics such as federal and Native American reserved water rights, transboundary water allocation, endangered aquatic species, and water quality. (Fall only)
Prereq: Permission of instructor
Law 970 Advanced Legal Research (2 cr)
An advanced course covering all forms of materials, in all formats (print, microformat, electronic), available for conducting legal research.
Prereq: First year legal, research and writing
Law 971 Lawyering Process Seminar (2 cr)
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 972 Legal Externship (1 cr)
Legal work under the supervision of judges or government, non-profit, or private attorneys. Graded P/F; credits earned are not class hours.
Prereq: Approval of Director of Clinical Programs under standards approved by the faculty and available to students and supervising attorneys
Law 973 Public Service Externship (1-10 cr, max 10)
Includes placements with judges, prosecutors, public defenders, other government attorneys, or attorneys for non-profit organizations. The following courts and offices have programs with standing approval of the director: The Supreme Court and Court of Appeals of Idaho, the United States Court of Appeals for the Ninth Circuit, the United States District Court for the District of Idaho, the Attorney General of Idaho, and the United States Attorney for the District of Idaho. Graded P/F; credits earned are not class hours.
Prereq: Approval of Director of Clinical Programs under standards approved by the faculty and available to students and supervising attorneys
Law 974 Legal Aid Internship (1-3 cr, max 6)
In this two-semester course, students represent clients in civil and criminal cases. Field trips required when appropriate for serving clients. Recommended preparation: Law 953.
Coreq: Law 958
Law 975 Classroom Credit Public Service Externship (1-5 cr, max 10)
Students work in selected public service placements under the supervision of experienced judges and lawyers; attendance at a weekly seminar required (the seminar is available in Moscow, Boise, Coeur d'Alene, and Idaho Falls through interactive video). Graded P/F.
Law 976 Semester in Practice (1-12 cr, max 12)
Students attend periodic classes and work as externs in the public and private sector under the supervision of the External Programs Coordinator. Open only to students in their last year of law school.
Law 977 Clinical Lab (1 cr, max 4)
The College offers one-credit lab courses that provide clinical experience for interested second- and third-year students. The labs are designed to allow students to obtain practical experience in conjunction with upper-division substantive courses. The labs are supervised by experienced practitioners.
Law 978 Small Business Legal Clinic (1-3 cr, max 6)
Real-life experience handling transactional legal problems and assisting businesses and not-for-profits.
Law 979 Native American Natural Resource Law (3 cr)
An overview of the law surrounding Tribal cultural property, the protection and utilization of the land in terms of resource production and conservation, the development of natural resources derived from Indian lands and the intertwined principles of the federal trust responsibility, taxation of resources, the ever-growing field of Native water rights, and the on-going enforcement of treaty hunting, fishing and gathering rights. Recommended Preparation: Law 949.
Law 980 Copyrights (2 cr)
A survey of the history and evolution of copyright law and policy in the U.S., focusing on current provisions of the Copyright Act and leading cases interpreting these provisions. Particular attention paid to economic and policy challenges created by the Internet and to the increasing internationalization of copyright law.
Law 981 Critical Legal Studies Journal (1-4 cr, 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.
Prereq: Acceptance to the Crit Journal
Law 982 Law Review (1-4 cr, 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 983 Directed Study (1-2 cr, 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.
Law 984 Real Estate Transactions (2 cr)
Aspects of the standard real estate purchase transaction, including the real estate contract, title searches, methods of assuring title including title insurance, financing, conveyancing, and recording.
Law 985 Immigration Law and Policy (3 cr)
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 986 Judicial Clerkship Seminar (1 cr)
Seminar focusing on advanced writing concepts within the judicial context, with instruction on common types of legal writing practiced by judicial clerks.
Law 987 Law Practice Management (1 cr)
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.
Law 988 Writing the Environment (1 cr)
Intensive writing course limited to 3L students completing the Natural Resources and Environmental Law Emphasis. Students will develop critical legal writing and analytical skills through public presentations and defenses of their own written work, and the review and editing of their colleagues' works. Permission required. (Fall only)
Law 999 (s) Study Abroad or Off Campus (cr arr)
Prereq: Permission of Associate Dean for Students and Administration, College of Law