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Summer CLE Week XXX

May 25 – June 9, 2009

Register now for Summer CLE 2008!

Welcome to the Law School's 30th annual summer CLE program — two concentrated weeks of educational seminars conducted by enthusiastic and expert Law School faculty members. Professors Edward S. Adams, Dale Carpenter, Guy-Uriel E. Charles, Thomas F. Cotter, Prentiss Cox, Oren Gross, Michael J. Hannon, Kristin E. Hickman, Claire A. Hill, Richard W. Painter, Lisa Stratton, and Carl M. Warren have chosen a variety of timely and relevant topics to study.

Online Registration is available now!

With a SuperPass, you can attend 7 of the 12 seminars, and you'll pay only $75 each for additional selections. (Seminars are $225 each without a SuperPass.)

CLE credit has been applied for as follows: 6.5 General credits for all courses except May 30 - 3 Ethics credits (morning) /2 Bias credits (afternoon) and June 5 - 6.5 ethics credits.

For more information on the Summer CLE program, call 612-625-6674 or send an e-mail to LSCLE@umn.edu

For directions and campus parking information, click here. Additional municipal parking is also available in the Holiday Inn Metrodome parking garage, a five-minute walk from the Law School.

Kristin E. Hickman

Monday, May 25, 2009
Professor Kristin E. Hickman
University of Minnesota Law School
8:30 a.m. - 4:30 p.m.
6.5 CLE credits

Administrative Law Review and Update

As they focus on statutory and regulatory substance, regulatory lawyers often lose sight of broader administrative law issues that may be relevant in representing clients before federal administrative agencies and subsequently in litigation challenging federal government action.  This one-day CLE program offers a brief survey and review of administrative law doctrine as well as a primer on recent U.S. Supreme Court and appellate court decisions concerning administrative law issues.

Guy-Uriel E. Charles

Tuesday, May 26, 2009
Professor Guy-Uriel E. Charles
University of Minnesota Law School
8:30 a.m. - 4:30 p.m.
6.5 CLE credits

Contemporary Issues in Law and Politics

This CLE will be a survey of contemporary disputes in election law.  We will examine four areas: The Voting Rights Act, Campaign Finance, Redistricting, and Resolving Election Disputes with a special focus on the disputed Minnesota Senate Election.  With respect to the Voting Rights Act, we will explore the Act’s origin, its evolution, and whether it is still necessary in the 21st Century.  In regards to campaign finance, we will focus on the Supreme Court cases and the statutes that govern the role of money in politics.  On redistricting, our primary focus will be on the one-person one-vote doctrine.  Lastly, on disputed elections, we will note the rise of election litigation following the Supreme Court’s landmark decision in Bush v. Gore.  We will then review the Minnesota Senate election dispute with an eye on improvements to Minnesota’s election statute to improve the post-election litigation process.

Michael J. Hannon

Wednesday, May 27, 2009
Professor Michael J. Hannon
University of Minnesota Law School
8:30 a.m. - 4:30 p.m.
6.5 CLE credits

Digital Evidence: Implications for Criminal Law and Civil Practice

The practice of law has been significantly impacted by the increasing use of computer and Internet technologies.  The investigation, recovery and use of evidence gathered from computers, other digital devices and Internet communications raises important legal issues in both criminal law and civil practice. This has placed important new responsibilities on attorneys as digital evidence increasingly becomes a decisive factor in criminal and civil trials. Attorneys now need to have sufficient knowledge about various computer and Internet technologies and the legal issues raised by digital evidence so they can effectively serve their clients.

The first part of the course will cover important concepts of computer and Internet technologies including computer hard drives, file systems, metadata, web browsers, and Internet communications. This will provide knowledge about how the use of computers, digital devices and the Internet leaves potential digital evidence in numerous obscure and hidden locations, and how an electronic trail of evidence, including “deleted” data, can be recovered by computer forensic experts. Attorneys will become familiar with the computer forensic process by which experts locate and recover digital evidence using specialized tools and the technological terms they use.

The second part of the course will focus on some of the important legal issues that arise when digital evidence is used in legal proceedings. This discussion will include coverage of search & seizure in criminal law, E-discovery in civil practice and the important rules that were amended in December 2006 to specifically address E-discovery issues, and rules of evidence.

Edward S. Adams

Thursday, May 28, 2009
Professor Edward S. Adams
University of Minnesota Law School
8:30 a.m. - 4:30 p.m.
6.5 CLE credits

MBA Concepts for Lawyers in the Context of the Second Great Depression

We are in remarkable times.  The stock and real estate markets have collapsed.  The government is printing money at an unprecedented pace.  Looming budget deficits promise to dramatically increase interest rates.  Do you understand the reasons for the collapse of the real estate market?  Do you believe you know where the stock market is heading?  Do you understand why GM is headed into oblivion?  Do you understand basic business concepts?  Can you communicate with businesspeople using their terms?  Do you believe you might be a more valued attorney to your clients if you could talk the talk and walk the walk of business?  This course provides you with an overview of the relevant quantitative skills acquired by and concepts introduced to M.B.A students during their two-year course of study.  Among other things, this course will teach you how to:

  • Understand basic accounting principles;
  • Read an annual report and analyze financial statements;
  • Look beyond mere numbers to gauge the real financial performance and strength of a an entity; and
  • Employ cash flow analysis to value a business or determine the potential financial risks or rewards of an investment opportunity.

America is in a period of tremendous change.  Now, more than ever, understanding basic business concepts is indispensable to an effective and successful legal career.  Those who understand business promise to thrive, or at least survive, in their careers.  Those who cannot, risk being left behind, or worse.

Claire A. Hill

Friday, May 29, 2009
Professor Claire A. Hill
University of Minnesota Law School
8:30 a.m. - 4:30 p.m.
6.5 CLE credits

Hot Topics in Corporate Governance

This CLE will cover issues currently in the news in the area of corporate governance.  Executive compensation will be an important focus.   Even before the present financial crisis, proposals to address the disconnect between so-called performance based executive compensation and actual performance were much discussed.  Now, the debate has taken on more salience, as outsized pay packages previously-- and currently-- received by executives of firms prominently involved in the financial crisis are reported daily in the newspapers.  

The executive compensation issue is part of a larger debate about the respective roles of management and shareholders in corporate governance.  In that regard, this CLE will also consider shareholder activism in general, and shareholder proposals and shareholder nominations to the board of directors in particular, as well as corporate and securities decisions in cases relating to the financial crisis.

Carl M. Warren

Saturday, May 30, 2009
Professor Carl M. Warren
University of Minnesota Law School
9 a.m. - 3 p.m.
5 CLE credits (3 Ethics credits for morning portion; 2 Bias credits for afternoon portion)

Ethical Implications and Requirements Concerning the Representation of Individuals with Mental Disabilities (morning portion) and Overcoming Bias In the Representation of Individuals with Mental Disabilities (afternoon portion)

Morning Session (Three Hours):  Ethical Ideals, Dilemmas and Hard Cold Realities Representing Individuals with Mental Disabilities. 
This course will explore the appropriate role of an attorney when the ideal attorney/client relationship envisioned by the Rules of Professional Conduct cannot be achieved due to a mental disability affecting the client that was either known or unknown to the attorney at the time they were retained.   We will identify pertinent rules and seek to discern, through application to hypotheticals, the requirements, options and opportunities faced by attorneys who find themselves in this situation.

Afternoon Session (Two Hours):  Overcoming Internal and External Bias In Representing Individuals with Mental Disabilities
This course will explore the impact of stereotypes and prejudice on the ability of individuals with mental disabilities to obtain effective representation and achieve fair treatment in the justice system.  We will discuss the need for attorneys to provide such representation, their appropriate role and how to deal with bias, both internal and external, that could affect the representation and outcome.

Thomas F. Cotter

Monday, June 1, 2009
Professor Thomas F. Cotter
University of Minnesota Law School
8:30 a.m. - 4:30 p.m.
6.5 CLE credits

Selected Topics in Unfair Competition and Business Torts

This seminar provides an introduction to a body of law that is becoming increasingly important not only within the disciplines of intellectual property, antitrust, media law, and entertainment law, but also to general business and corporate practice as well.  Broadly construed, the law of unfair competition encompasses not only the relatively well-known fields of trademark and trade secret law, but also a variety of miscellaneous doctrines with which lawyers and judges often have much less familiarity.  Claims arising under these latter doctrines nevertheless are becoming more and more common, either as independent bases for litigation or as additional or pendent claims in IP, antitrust, or commercial litigation.  This seminar will focus on some of these latter doctrines, including the law of false advertising and product disparagement at common law, under the federal Lanham Act, the Federal Trade Commission Act, and state ‘baby FTC’ Acts; the law of tortious interference with contract and with prospective business relations; the right of publicity and related doctrines, including the law of false endorsement; and the ongoing tension between First Amendment and unfair competition law.  Participants will come away with a good working knowledge of how these doctrines work and how they are distinct from trademark, antitrust, consumer protection, and other related bodies of law.

Oren Gross

Tuesday, June 2, 2009
Professor Oren Gross
University of Minnesota Law School
8:30 a.m. - 4:30 p.m.
6.5 CLE credits

International Law in the United States

The role of international law in the domestic law of the United States has received much scholarly and public attention since the terrorist attacks of Sept. 11, 2001. This course will review and analyze such issues as:

  • How does the United States assume international obligations.
  • The status of treaties, executive agreements and customary international law norms in the United States
  • Conflicts between U.S. domestic law and the U.S.'s international obligations.
  • Alien Tort Statute and the Torture Victim Protection Act
  • Act of State doctrine and Foreign Sovereign Immunities Act
  • Extraterritorial and universal jurisdiction
  • Torture, extraordinary renditions

Prentiss Cox

Wednesday, June 3, 2009
Professor Prentiss Cox
University of Minnesota Law School
8:30 a.m. - 4:30 p.m.
6.5 CLE credits

Taking the Mystery Out Of The Mortgage Mess and Developments In The Law of Mortgage Lending

Beneath the headlines about soaring foreclosures and disappearing financial institutions lies a complex story of a rapidly changing mortgage lending industry, a fragmented lending regulatory structure, and an evolving legal framework for mortgage lending and foreclosure.  This seminar examines the causes and consequences of the residential mortgage market collapse. Government is changing the regulatory landscape for residential mortgage loans in ways that will be interest to attorneys representing mortgage lenders, assisting homeowners in default or foreclosure, interested in legislative or regulatory developments in this area, or just wondering why their retirement accounts have been depleted.
The first part or the presentation will examine how the residential mortgage market imploded.  Nonprime mortgage origination practices were closely linked to the rapid rise in foreclosures and to secondary market securitization practices resulting in the creation of Atoxic@ residential mortgage-backed securities.  The government regulatory structure proved ineffective in anticipating or controlling these practices.  The second part of the presentation will focus on developments in Minnesota and federal law related to residential mortgage lending, foreclosure practices and related matters.

Lisa Stratton Jill R. Gaulding

Thursday, June 4, 2009
Professor Lisa Stratton and Jill R. Gaulding
University of Minnesota Law School
8:30 a.m. - 4:30 p.m.
6.5 CLE credits

Disparate Treatment Theory: New? Improved?

Arguing before the Supreme Court in Gross v. FBL Financial Services just this March, counsel for the defendant began by admitting, "[I]n 25 years of advocacy before this Court I have not seen one area of law that seems to me as difficult to sort out as this particular one is." Anyone who has looked closely at disparate treatment doctrine -- the doctrine at issue in Gross -- would have to agree; it inspires references to "disarray," "mass confusion," and "crisis." Desert Palace v. Costa, the Court's 2003 decision rejecting the use of the direct evidence rule, did little to clarify the disparate treatment doctrine, since it left so many questions unresolved. This program will consider potential answers to these questions and the practical implications of the Court's ruling in Gross.

Richard W. Painter

Friday, June 5, 2009
Professor Richard W. Painter
University of Minnesota Law School
8:30 a.m. - 4:30 p.m.
6.5 CLE credits

Conflicts of Interest and Other Professional Responsibility Issues for Lawyers in Business Transactions and Commercial Litigation

This course addresses client conflicts, transactions between lawyers and clients, legal fees, stock-in-lieu of legal fees, malpractice liability, lawyers who become directors of corporate clients, federal regulation of securities lawyers, e-mail and electronic communication, document retention, discovery in litigation, attorney-client privilege, lawyers’ role in government investigations, ethics rules for dealing with government agencies, law firm mergers and breakups and other issues affecting lawyers who represent businesses and individual investors.

The course will review relevant rules of professional responsibility in Minnesota and under the ABA Model Rules, federal statutes and regulations affecting important segments of the bar such as securities lawyers, relevant rules of civil procedure and evidence, and federal and state case law involving business lawyers.  Discussion will include both substantive law and practical steps to comply with the law.   Participants will also review specific scenarios involving lawyers and business clients and discuss in small groups ways in which lawyers commonly do, and should, address such scenarios.

Dale Carpenter

Saturday, June 6, 2009
Professor Dale Carpenter
University of Minnesota Law School
8:30 a.m. - 4:30 p.m.
6.5 CLE credits

The Constitution in a Conservative Court: Two Decades and Counting

This CLE will cover many of the major substantive developments in constitutional law (except criminal law and procedure) since 1986, the year William Rehnquist became Chief Justice.  It will consider developments in judicial power, congressional power, executive power (including executive power in wartime), the dormant commerce clause, substantive due process, equal protection, free speech, and religion.

Brian Bix

Monday, June 8, 2009
Professor Brian Bix
University of Minnesota Law School
8:30 a.m. - 4:30 p.m.
6.5 CLE credits

National Trends in Family Law

This course will focus on a number of the more interesting and important recent themes and trends in Family Law nationally.

The topics to be covered include Premarital Agreements, Marital Agreements, Religious Agreements, Relocation of Custodial Parents, Same-Sex Unions, Same-Sex Parenting, and New Reproductive Technologies.

(While this is not a course in Minnesota Family Law, where convenient the Minnesota developments in the topic areas will be noted.)

Michael Stokes Paulsen

Tuesday, June 9
Professor Michael Stokes Paulsen
University of St. Thomas Law School
8:30 a.m. - 4:30 p.m.
6.5 CLE credits

"Great Cases": The Ten Most Significant Supreme Court Decisions of All Time

What are the ten most important Supreme Court constitutional decisions in the history of the nation?  This course uses the vehicle of examining several such “great cases” – cases that have shaped, in vital ways, the course of the nation’s history or the understanding of the Constitution – as an unorthodox (and sometimes entertaining) way of looking at constitutional history and the doctrines of modern constitutional law. 

The course will begin by examining criteria for what might make a case “great” in the sense of having enduring significance in American law and history – and how a case might be “great” in terms of its impact yet lousy in terms of its legal reasoning or results.  The course will then examine ten of the clearly most important constitutional decisions of the Supreme Court, using the instructor’s personal “top ten” list (in familiar “countdown” fashion) – and conclude with discussion of honorable mentions and nominations from the floor (the CLE participants) of other, overlooked cases of enormous consequence. 

Taken together, the cases discussed will provide a useful review, summary, and debate of all of constitutional law (in one day!).  The (working) top ten list is, from bottom to top:

    10.  Marbury v. Madison (1803)
    9.    Nixon v. United States (The Nixon Tapes Case) (1974)
    8.    Lochner v. New York (1905)
    7.    The Slaughterhouse Cases (&  Bradwell v. Illinois) (1872)
    6.    Plessy v. Ferguson (and related segregation cases) (1896)
    5.    Youngstown Sheet & Tube Co. v. Sawyer (The Steel Seizure Case) (1952)
    4.     Brown v. Board of Education (1954)
    3.     McCulloch v. Maryland (1819)
    2.     Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) (the abortion cases)
    1.    Dred Scott v. Sandford (1857)

Summer CLE Brochure