Online

Summer Online JD Courses (Fall 2017)

FIRST SESSION

Debtor-Creditor Law 303, 3 credit hours — Online (asynchronous)

Instructor: Steve Nickles

Class Format: Synchronous online class discussion via WebEx

Schedule: Tuesday, Wednesday and Thursday, 6 p.m. – 6:50 p.m.

Comments: The Debtor-Creditor Law course is all about the collection or enforcement of debt, which is largely state law. In this course, we’re concerned about the many ways and means a creditor gets the money the debtor is obliged to pay without regard to the nature of the people, the context, or the reason or basis of liability. In sum, most of the other civil law courses in law school focus on liability, i.e., deciding if and when someone is a debtor for some reason.  This course picks up where those courses leave off and explores mainly how the creditor gets the debt satisfied by grabbing the debtor’s property without the debtor’s consent.

Criminal Procedure: Investigations 405, 3 credit hours — Online  (asynchronous)

Instructor: Ron Wright

Scientific Evidence, 2 credit hours — Online (synchronous)

This is a new course pending faculty approval.

Instructor: Steve Virgil

SECOND SESSION

Constitutional Law II 209, 2 credit hours — Online  (asynchronous and synchronous)

Instructor: Shannon Gilreath

Class Format: Asynchronous and synchronous online discussion.

Schedule: The course will combine asynchronous modules with synchronous classroom engagement via WebEx.  Synchronous class time will be approximately 2.5 hours per week, predominately in a single block to make the class easier to schedule for students with summer employment. Synchronous sessions will be begin at 6 p.m. on a day of the week to be determined.

Professional Responsibility 305, 2 credit hours — Online only (asynchronous)

Instructor: Ellen Murphy

Schedule:  Activities are completed on a schedule spread out over both summer sessions

Comments:  This version of the required law school Professional Responsibility course will be taught in a fully asynchronous format, using the TWEN platform, in addition to other eLearning resources.  In addition to readings and video tutorials, students will collaborate with the professor and classmates through weekly discussion forums, wikis, and a class blog.  Assessments will emphasize objective, MPRE-like practice questions.  Students can complete assignments at any during the day, but there will be required weekly checkpoints and deadlines. The course dates coincide with the Aug. 13, 2016, Multistate Professional Responsibility Exam. Professional Responsibility course covers fundamental, contemporary ethical question in the practice of law, including current issues stemming from the use of technology. The course incorporates various forms of media to illustrate ethical dilemmas, including video, social media, the web, and current print media. For a sample syllabus and other course documents, see http://wfupr.weebly.com/

Legislation and Administrative Law 200, 3 credit hours — Online only

Instructor: Vanessa Zboreak

Class Format: Combination of asynchronous online material and Winston-Salem classroom discussion (synchronous online presence possible)

Schedule: The course will be presented in asynchronous on-line sessions, with weekly hour-long synchronous meetings.  The synchronous meetings will be small group meetings scheduled according to student availability.

Comments: This course will take a problem-based and practice-oriented approach to administrative law. Students will use primary source documents to supplement the course textbook (Administrative Law: Cases & Materials, by Koch et al.).

Sales and Secured Transactions 442, 3 credit hours — Online only (asynchronous)

Instructor: Steve Nickles

Class Format: Synchronous online class discussion

Schedule: Tuesday, Wednesday and Thursday, 6 p.m. – 6:50 p.m.

Comments: Most sales of goods between business (a/k/a commercial or B2B sales involve credit: either the seller sells on credit or the buyer pays for the goods with a bank loan or other commercial credit. The same is true of most consumer sales of high-ticket, durable goods bybusinesses to buyers purchasing the goods for personal, family, or household use. All of these sales are governed by Uniform Commercial Code Article 2 which requires the buyer to pay the price according to the terms of the sales contract, whether those terms provide for cash on delivery or credit. The bank loans are governed mainly by the common law of contracts and often Uniform Commercial Code Article 3 which agree that a borrower must repay according to the terms of the agreement between the borrower and lender. Generally speaking, none of this law – not Article 2, Article 3, or the common law – does anything more than establish liability: the legal obligation of the borrower or buyer (including a buyer on credit) to pay the seller the price or to repay the lender’s loan. This law creates compensatory rights only. Generally speaking, in terms of default law, all of this credit – by a seller or lender – is unsecured, which means the creditor (whether the seller or bank or other financer) cannot simply grab the goods or anything else belonging to the buyer if the buyer defaults in paying the creditor. The creditor cannot get to the buyer’s property without suing the buyer on the debt, winning judgment, and enforcing the judgment through post-judgment execution which provides the judgment creditor with foreclosable, judicial liens on the judgment debtor’s property. This process is long and costly, and there is no guarantee that the buyer will own property worth grabbing. And, if the buyer sooner files bankruptcy, the creditor is stopped in her tracksand the debt to the creditor is forever discharged. The risks and other costs to the creditor are much less if the sale or loan is collateralized by a consensual lien on the goods and other property that is created when the credit sale or loan occurs. Creating a consensual lien on goods or other personal property is governed by Uniform Commercial Code Article 9 and is deliberately, designedly very cheap and easy; and the creditor has a lien from the inception of the transaction that is enforceable by self-help repossession and foreclosure (without any judicial involvement) whenever the buyer defaults. Not surprisingly, therefore, commercial credit sales and consumer credit sales of durable goods, especially when financed by a bank loan of the purchase price to the buyer, often involve securing the on credit or loan with a consensual lien minimally on the goods. Especially in B2B sales, the lien extends to other personal property. Article 2 governs the sale between the seller and buyer which involves the terms of the exchange of property rights for consideration. If credit is involved, Article 9 governs securing the buyer’s obligation to pay the seller the price of the goods or to repay the lender’s loan with a lien on the goods and maybe other personal property. In practice, the sales transaction and the secured transaction are collapsed and happen together. Articles 2 and 9 work tightly together and, in truth, are functionally, transactionally inseparable, which explains why some law schools have long taught sales and secured transaction together in a single, integrated course and why Wake Forest Law is now doing the same.