UNIVERSITY OF MASSACHUSETTS SCHOOL OF LAW - DARTMOUTH
1st ASSIGNMENT LIST
FALL 2015
ADMINISTRATIVE LAW – (PROFESSOR CLOUGH)
8/18 Session one: Introduction to the course, expectations, administrative law sources,
background. Read Aman, pp. 1 to 9, 11 to 15.
ADVANCED FIELD PLACEMENT – (PROFESSOR DUNLAP)
Assignment will be sent through email.
APPELLATE ADVOCACY – (PROFESSOR CONNELLY)
Please go to www.mass.gov/courts/court-info/sjc/about/reporter-of-decisions/e-mail-signup.html
and click on the link to “Register for Email Notification of Slip Opinions.” Select “criminal
cases.” Each day that the Massachusetts Supreme Judicial Court or Massachusetts Appeals
Court releases an opinion concerning criminal law or criminal procedure, you’ll get an e-mail of
the text of the opinion for free. Opinions released during the semester will be part of our
required reading.
Go to www.mass.gov/courts/docs/forms/appeals/brief-checklist.pdf and print the Checklist for
Preparation of Brief and Appendix. Please bring it to our first class. (Note that the checklist
refers to the Massachusetts Rules of Appellate Procedure, which are available, for free, at
www.mass.gov/courts/docs/lawlib/docs/appellate-procedure-rules.pdf.)
At our first class, we’ll review the syllabus and course requirements. We’ll discuss brief writing
in general and establish a working schedule for written submissions. I’ll also distribute the trial
transcripts, record appendices, and appellant filings.
In the Robbins-Tiscione text, please read and be prepared to discuss Chapter Four, “The
Traditional Canons of Rhetoric,” pages 99-134. Also please read and be prepared to discuss
George Orwell’s 1945 essay Politics and the English Language, which will be available as a
handout on the table outside my office.
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BUSINESS ORGANIZATIONS – (PROFESSOR SPRATLEY)
From David G. Epstein et al., BUSINESS STRUCTURES (4th ed. West/American Casebook Series
2015), please read pages 1 - 30.
CIVIL PROCEDURE I -01 – (PROFESSOR DUNLAP)
Assignment for first class
 Read p. XXIX and Chapters One and Two in CB (pp. 3-36).

Spend one hour on the website uscourts.gov/about-federal-courts.

Using both sources, write down (and bring to class) 3-5 things that:
a) surprise you;
b) you have never heard of; and/or
c) you wish you knew more about.
CIVIL PROCEDURE I -02 – (PROFESSOR CLEARY)
Assignment will be sent through COIN.
COMMERCIAL LAW – (PROFESSOR CLEARY)
Assignment will be sent through COIN.
COMMUNITY DEVELOPMENT CLINIC – (PROFESSOR SPRATLEY)
Please read the following two articles, available from Westlaw or Lexis, prior to the start of
class:
(1) James L. Baillie, Fulfilling the Promise of Business Law Pro Bono, 28 WM. MITCHELL L.
REV. 1543 (2002); and
(2) Susan R. Jones, Promoting Social and Economic Justice Through Interdisciplinary Work in
Transactional Law, 14 WASH. U. J.L. & POL’Y 249 (2004).
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CONSTITUTIONAL LAW I-01 – (PROFESSOR DUNCAN)
Paulsen, Calabresi, et al., The Constitution of the United States, 2d ed., please read pp. 1-47, for
first class, pp. 47-86 for second class.
CONSTITUTIONAL LAW I-02 – (PROFESSOR RUDKO)
For the first day of class, please read chapter 1 of Understanding Constitutional Law and the
Constitution which is in the appendix of the Sullivan et al main text.
You will be sent by email a copy of the Supreme Court Preview wrap-up of the past term as soon
as it is available. It should arrive before classes start. If so, familiarize yourself with the
statistics and the highlights of the past term for a discussion of what the Court decided last
session.
Looking forward to seeing you in August.
CONTRACTS I-01 – (PROFESSOR HO)
Contracts I Assignment for Day 1 (worth 5% of overall course grade)
Instructions: Within no more than four (4) pages typed, please address in essay form the following
fact pattern as if this is a take-home exam. Even though presumably you have no formal training in
contract law at this time, you are not to do any outside legal research in furtherance of this exercise.
Rely only on your sense of whether a legal claim exists or not. I will be collecting the assignment on
the first day of class.
On May 1, Owner asked Builder to give her an estimate for the cost of building a wooden fence
around her backyard. Builder gave Owner signed written estimates of $4,000, consisting of $2,500
for labor and $1,500 for materials for a cedar fence, and of $7,000, consisting of $2,500 for labor and
$4,500 for materials for a redwood fence. He said, however, that he would have to verify that the
redwood was available.
Owner said she liked the idea of a redwood fence but wanted to think about it before making a
decision. In any case, she said she wanted the fence completed by June 1 because she was planning
an important event in her backyard for a local charity. Builder said he would check with redwood
suppliers and get back to her within two days.
On May 2, Builder telephoned Owner. Owner’s phone was answered by her voice-message machine,
which informed callers that she had been called away until about May 25 but would be checking her
messages daily and would return calls as soon as she could. Builder left a message stating, “I’ve
found the redwood, and I can build the redwood fence for $7,000, as we agreed. Please give me a
call, as I will otherwise buy the redwood, which is in short supply, and start the work within a few
3
days.” Owner heard the message, but because the charity event she had planned had been cancelled
and there was no longer any urgency about getting the fence erected, she decided to wait until she
returned to speak to Builder.
By May 14, Builder had still not heard from Owner. He was concerned that the supply of redwood
might not hold and that if he did not start work immediately he would not be able to finish by June 1.
Thus, he bought the redwood and completed construction of the fence on May 24.
When Owner returned on May 25, she saw the completed fence and sent Builder a letter stating,
“You did a great job, but I never agreed to go ahead with the fence, and I certainly hadn’t decided on
redwood. Besides, the charity event that I had planned got cancelled. You should have waited until I
got back. But, to avoid a dispute with you, I’ll offer to split the difference – I’ll pay you $5,500.”
Builder received the letter on May 26. He telephoned Owner and said, “When I first read your letter,
I was going to get a lawyer and sue you, but I decided to let it go and I do accept your offer of
$5,500.” Owner replied, “Well, you’re too late. I’ve changed my mind. I don’t think I owe you
anything.”
Builder has now come to you, a newly-bar licensed attorney, for advice. Please analyze the facts
above and determine whether Builder has a claim or not.
CONTRACTS II-01 – (PROFESSOR HILLINGER)
For the first week, please read and prepare for class: CB, pp 293, 298-326
CONTRACTS II-02 – (PROFESSOR HO)
There is no first assignment.
EVIDENCE-02 – (PROFESSOR CONNELLY)
Please begin by reading Federal Rules of Evidence 1103, 102, 101, and 1101, in that order. Then
study Rules 401 – 403. Sketch out a diagram of Rules 401 – 403, a graphic explanation of their
content and interrelations. Now you’re ready to read State v. Kotsimpulos and the editorial notes
that follow (Wellborn, pp. 1-4). Brief the case and come to class prepared to discuss it.
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FAMILY LAW – (PROFESSOR AFRICANO)
Casebook: Weisberg & Appleton, Modern Family Law: Cases and Materials (5th ed. 2013,
Aspen).
Class #
1
Date
8/19
Topic
Family Law and the
Constitution-Evolution of the
Right to Privacy
Assignment
pp.1-14 (notes and questions. 1,2,7,8)
pp. 16-21 (notes and questions 1-5)
pp. 59-66 (Lawrence v. Texas)
FEDERAL INCOME TAX – (PROFESSOR HOGAN)
WEEK 1
Chapter 1
Introduction to the Federal Tax System
Pages 13-48
IRS Code §1
Chapter 2
Principals of Gross Income
IRS Code §61(a) and §63(a). Also, review the IRS Code Sections and Treasury Regulation
Sections as noted in subchapter headings.
FIELD PLACEMENT-01 – (PROFESSOR DUNLAP)
Assignment will be sent through email.
FIELD PLACEMENT-02 – (PROFESSOR DUNLAP)
Assignment will be sent through email.
HEALTH LAW & ADVOCACY – (PROFESSOR DREW/POTTER)
Please watch the Frontline documentary entitled "The Age of AIDS" (link below). Watch both
Parts I and II (four hours). The documentary is part of a larger web program that includes maps,
interactive graphics, interviews, etc. Reviewing this information is optional, though encouraged.
We will discuss Parts I and II of the documentary in our first class session and send a list of
questions that will form the backbone of that discussion a few days before the class.
Documentary link: http://www.pbs.org/wgbh/pages/frontline/aids/view/
Bigger web series: http://www.pbs.org/wgbh/pages/frontline/aids/
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INTELLECTUAL PROPERTY – (PROFESSOR CLIFFORD)
For the first week, please read and brief the following materials in GOLDSTEIN & REESE,
COPYRIGHT, PATENT, TRADEMARK AND RELATED STATE DOCTRINES (7th Ed.):
Monday: pp. 1 – 44
Wednesday: pp. 44 – 77
LANDLORD/TENANT LAW – (PROFESSOR FARKAS)
For the first day of class, please read Chapter 1.
LEGAL ETHICS – (PROFESSOR DREW)
For the first class, please read Chapter One in Problems in Legal Ethics, 11th Edition. Also read
any corresponding rules of professional conduct addressed in the chapter using the ABA Model
Rules of Professional Conduct.
LEGAL SKILLS I-01 & 02 – (PROFESSOR POTTER)
Assignment will be sent through COIN.
LEGAL SKILLS I-03 & 04 – (PROFESSOR MALLORY)
For the first class, students should: (1) sign up for the TWEN (The West Education Network)
course associated with this class, “Legal Skills I – Professor Mallory”, (2) register with
coregrammarforlawyers.com (details provided during Orientation), and (3) complete the readings
listed in the Syllabus, which can be found in the "Course Documents" folder on TWEN.
LEGAL SKILLS III – (ALL)
Before your first class, please read the Syllabus which you will receive by email shortly before
the start of the semester.
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MEDICAL MALPRACTICE – (JUDGE JACOBS)
For the first class, please read:
Chapter 1
Small v. Howard, 128 Mass. 131
Harriott v. Plimpton, 166 Mass. 585
MERGERS & ACQUISITIONS – (DAVIS)
Please read pages 1-42, and be prepared to discuss the problem on page 54.
PROPERTY I-01 – (PROFESSOR FLANAGAN)
For the first class please read: 1-8, 15-47, White v. Samsung, inc. dissent, Johnson v. M’Intosh,
Moore v. Regents)
PROPERTY I-02 – (PROFESSOR CLIFFORD)
For the first week, please read and brief the following materials in CRIBBET, FINDLEY,
SMITH & DZIENKOWSKI, PROPERTY (9th ed.):
Monday: pp. 1–18, 35–62
Saturday: Class is cancelled (Make-up on 8/29 at 2:00 p.m.)
RACE, RACISM & AMERICAN LAW – (PROFESSOR WALKER)
Kindly review, and be prepared to discuss the legal definitions of Race in Society based upon the
below referenced readings pages 1-80 in our text RACE LAW: Cases, Commentary, and
Questions by E. Michael Higginbotham 4d edition.
Before reading the assigned pages, however please FIRST draft your own legal definition. Feel
free to draw upon your own personal experiences and/or knowledge and research on the topic of
RACE.
After reading these pages feel free to supplement, amend, revise or trash your definition with a
new one. You may be perfectly contented with your definition and that is fine as well.
I.
Introduction
II.
The Racial Prejudices That Judges Share 4
A.
Introduction 4
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B.
Background on Mann 4
C.
State v. Mann, 13 N.C. 263 (1829) 5
D.
Commentary on Mann 8
E.
Explaining Judge Thomas Ruffin 15
F.
Judge Thomas Ruffin’s Rough Drafts of Mann 22
G.
Questions and Notes 25
H.
Point/Counterpoint 26
III. Race Classification 26
A.
Introduction 26
B.
The Nature of Race 31
C.
Definitions of Race 38
D.
Preserving the Myth of White Racial Purity 47
E.
Background on Hall 50
F.
People v. Hall, 4 Cal. 399 (1854) 53
G.
Commentary on Hall 57
H.
Questions and Notes 58
I.
Point/Counterpoint 58 IV. Part Two · Slavery Slavery, Free Blacks, and the Constitution 67
A.
Introduction 67
B.
Race, Values, and the Constitution 68
C.
D.
The 1787 Compromise on Slavery 78
Questions and Notes 79
E.
Point/Counterpoint 80
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RELIGION AND THE LAW – (PROFESSOR DUNCAN)
Ravitch & Backer's Law and Religion, 3d ed., please read pp. 3-37 for first class, pp. 37-63 for
second class.
SECURED TRANSACTIONS – (PROFESSOR HILLINGER)
CHAPTER I - OVERVIEW OF SECURED FINANCING
1.
Overview of Course
read Case Book (CB): Preface (p. v.) & pp. 1-4
Skim Rev. § 1-201, §§ 9-320, 9-102, 9-308(a)
Read rev. §§ 1-102, 1-103, 1-107
2.
Secured versus Unsecured Credit
Overview of Secured Financing
read CB: pp. 7-20
Prepare problem l.1 for class
3.
Secured Transactions In Context
read CB: pp. 21-39
Skim Article 9, Part 6 - Default (the so-called “9-600 series”);
read and study §§ 9-609, 9-623(b) & cmt. 2, 9-103(a), plus the FTC Unfair Credit
Practices Rules, 16 C.F.R. §§ 444.1 - 444.5 (these are in the Statutory Supplement)
Prepare problem l.3 for class
TORTS I-01 – (ASSOCIATE DEAN MITNICK)
For the first class, please read p. 1 in Course Supplement and pp. 1-15 in Casebook.
TORTS I-02 – (PROFESSOR PELTZ-STEELE)
First-week assignments will be sent via COIN and posted outside the professor's office after
August 16.
TRIAL PRACTICE 01 – (JUDGE JACOBS )
For the first class, please read Chapters 1 & 2 of Trial Techniques.
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TRUSTS & ESTATES – (PROFESSOR RUDKO)
Welcome to Trusts and Estates!
For the first week of class, please read the first chapter of the Gratuitous Transfers text. This
chapter contains a discussion of the pros and cons of inheritance. It is also a preview of the
material to be studied in depth throughout the semester.
See you soon!
8/3/15
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