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2014 Summer CLE Courses

The following academic summer courses are being offered to attorneys for CLE credit (currently under review for approval.) If you would like to enroll in a course for CLE credit or to audit, please complete the CLE Event Registration form and fax to 406-243-2576, attention Jennifer Ford. The cost for each class is $375, with the exception of the Veteran's Law course.  Veteran's Law is being offered at no charge to attorneys as part of the state Pro Bono courses.

CLE courses require sign-in daily for full credit and sign-in sheets will be sent to the State Bar. You must include your Bar number when you sign-in daily. Partial credit is given at the descretion of the instructor only. For course materials or inquiries on subject matter, please contact the instructor. For any other questions or inquiries, please email Jennifer Ford.

***CLE credits are pending approval***

Elder Law
Law 595 Sect. 80
June 2 - June 6 from 9 am 12:00  (13.75 CLE)

Professor Julie Sirrs

The Elder Law course focuses on the legal issues affecting older Americans, including such topics as elder abuse, asset planning, guardianship, incapacity determination and national policy. With an increasing number of older Americans, it is important for those who work with the elderly, including attorneys, to understand the needs of this growing client group. The course will involve class discussion and readings related to these issues. Evaluation of student performance is based on a take-home examination and class participation.

Mediation Advocacy
Law 595 Sect. 81
June 9 - June 13 from 9 am to 12:00 (13.75 CLE)

Professor Eduardo Capulong

Professional advocates invariably find themselves in mediation or mediation-like settings.  Lawyers and social workers, for example, often advocate in such formal settings as court-annexed mediations, and activists and journalists in such informal settings as disputes involving neighborhood problems and news access.  How do such situations differ from litigation?  And how should we advocate in them?  Taking an expansive view of mediation, this seminar will look at the characteristics of extra-legal dispute resolution mechanisms and introduce effective advocacy strategies appropriate in such settings.

Veteran's Law
Law 595 Sect. 82 in Room 201
June 16-June 20 from 9 am to 12:00 (14.0 CLE) FREE

This course will be conferenced for the first day (only) in various courthouse locations (TBD). Day one will run from 9 am to 12:15 and will be offered at 3.0 CLE (pending approval). No registration necessary, but attorneys must sign-in with their State Bar number to obtain CLE credit.

Professor Hillary Wandler

As American service members are engaged in combat across the globe, this course will help prepare a new generation of lawyers to meet the ever-increasing need for knowledgeable and effective veterans' advocates to serve veterans of past, present, and future wars and domestic military service. Students will explore the history and theory of veterans' benefits and recent developments in veterans' benefits law, including notable decisions by the Board of Veterans Appeals and the United States Court of Appeals for Veterans Claims. Students will also survey recent studies of the veterans' disability benefits system and examine in more depth the unique issues facing service members who have returned and are returning from Afghanistan and Operation Iraqi Freedom/Operation Enduring Freedom. Finally, students will also learn the fundamental structure of the benefits system and the Department of Veterans Affairs claims adjudication process, and the basics of advocacy on behalf of VA claimants.

Indian Law Research
Law 611 Sect. 90
June 23-June 27 from 9 am to 12:00 (14.0 CLE)

Professor Stacey Gordon

Because tribes are sovereign governments, the field of Indian Law encompasses distinct legal issues and legal sources. Researching both federal Indian law (the law of the relationship between tribal governments and the U.S. government) and tribal law (the law of individual tribes) requires an additional set of tools and research skills to those students are introduced to in a basic legal research course. In this course, students will learn the skills and sources necessary to research general Indian law issues as well as the very specialized skills and sources used in researching the legal history of a tribe, including reserved treaty rights. The course will cover researching treaties, Indian land claims, statutory and case law, and tribal law. Students will actively participate in creating a tribal legal history throughout the course.

Indian Law Education
Law 595 Sect. 84
June 30-July 3 from 9 am to 12:30 (14.0 CLE)

Professor Maylinn Smith

This course surveys federal Indian policy and law related to Indian education, including historical sources for Indian education rights. Special attention will be given to the unique Indian education matters in the state of Montana, including those programs implemented by the state as well as special tribal education programs.

Contemporary Issues in Indian Policy: The Indian Civil Rights Act
Law 595 Sect. 91
July 7 - July 11 from 9 am to 12:00 (14.0 CLE)

Maylinn Smith and James Taylor

The objective of this one credit class is to give students a thorough review of the Indian Civil Rights Act.  The class will review tribal, state and federal legislative actions and case law relating to the provisions of the Indian Civil Rights Act.

Indian Gaming
Law 595 Sect 85
July 14 - July 18 from 9 am to 12:00 (14.0 CLE)

Melissa Schlichting, Assistant Attorney General, Montana Department of Justice. 

This class will provide students a review of federal statutes, regulations, and case law pertaining to Indian gaming. Students will examine the legal framework of Indian gaming, including the history and development of the Indian Gaming Regulatory Act,  the determination of Indian lands eligible for gaming, and the state-tribal compacting process. Special emphasis will be placed on recent US Supreme Court decisions and other contemporary developments in federal Indian law as it relates to gaming. The class will also discuss the effects of Indian gaming on politics and policy as it relates to Indian tribes. Possible field trip (voluntary) to local tribally owned gaming facility.

Melissa Schlichting moved back to Montana last November after spending nearly 5 years as a Senior Attorney for the National Indian Gaming Commission in Washington, DC.  After graduating from the University of Montana law school in 1998, Melissa spent the first two years of her legal career representing the Crow Tribe and the Northern Cheyenne Tribe. Thereafter, Melissa moved to California where she gained significant Indian law experience representing Indian tribes and tribal organizations throughout the western United States.  Melissa is currently an Assistant Attorney General for the State of Montana and has been tasked to develop and coordinate the Department of Justice’s efforts to improve tribal relations, and to serve as a liaison with Montana’s Tribal Nations.

Economic Development and Consumer Protection in Indian Country
Law 595 Sect. 86
July 21-July 25 from 9 am to 12:00 (14.0 CLE)

Professor Daniel Belcourt

This course will focus on opportunities and challenges for sustainable Economic Development in Indian Country.  The class will cover the growth of E-commerce as an economic sector with the potential for expanding the economic footprint on even the most remote tribal lands and reservations through online financial services opportunities.  The course will cover the various federal consumer protection laws and regulations that impact Tribal Governmental E-commerce lending, including tribal consumer protection laws.  Following completion of the course, students will have a basic understanding of E-commerce opportunities in Indian Country, structuring E-commerce businesses; the legal, jurisdictional, regulatory and consumer protection issues associated with Tribal Governmental E-commerce lending. The course will have a special emphasis on whether Congress granted the Consumer Financial Protection Bureau (CFPB) the authority to regulate Tribal Governmental E-commerce lending under the Dodd-Frank Wall Street Reform and Consumer Protection Act.

Daniel Belcourt is owner of Belcourt Law, P.C., a law firm that specializes in Indian law.  Prior to opening his own law firm in 2006, Mr. Belcourt was a partner with the law firm of Smith, Doherty & Belcourt and in-house counsel to his tribe, the Chippewa Cree Tribe of the Rocky Boy reservation from 1994-2002.  Mr. Belcourt has a broad array of experience in all aspects of tribal government representation.  He has represented tribal governments in matters before the U.S. Congress, state legislatures, federal agencies, and in litigation before federal, state and tribal forums.  Mr. Belcourt serves as an Adjunct Professor at the University of Montana School of Law teaching a variety of Indian Law courses.

Renewable Energy Project Development & Finance
Law 595 Sect. 87
July 28-August 1, 2014 from 9 am to 12:00 (14.0 CLE)

Professor Mark D. Safty

The objective of this course is to create a base of understanding about the development and financing of renewable energy projects.  After introducing essential electric industry concepts, terms and systems, we will review the contractual infrastructure of a renewable energy project (wind or solar, or a combination of the two).  This review will include a summary of documents for site control, permitting, interconnection to the grid and transmission of energy, construction of the project and power sales agreements, and an analysis of why getting these documents right and having them properly integrated is essential to a successful financing of the project.  The last two class sessions will focus specifically on structure of, and principal documents associated with, a non-recourse project financing. A significant portion of the financing discussion will be based on a case study of a recently-completed financing for a wind energy project in Alaska.

Brief introductory reading materials will be assigned and distributed in advance of the first class.  The final examination for the course will consist of 10 “short answer” questions; each student will select 8 of these questions to answer in a “take-home, open book” setting.

Defending and Prosecuting Corporations and Their Officers and Employees in Complex Criminal Cases (White Collar Crime)
Law 595 Sect. 89
August 4 - August 8 from 9 am to 12:00 (13.75 CLE)

Visiting Professor of Law Robert Bennett

This course covers issues confronting corporations, officers, and employees when they find themselves under criminal investigation. In doing so, the class will focus on the role of an internal investigation, some of the thornier legal and ethical issues that arise in conducting such an investigation, and the practical problems that must be confronted in any investigation. The class will also examine the roles of the board of directors, board committees, management, employees, the lawyers conducting the investigation, and the prosecutors. It will also provide practical advice on handling the defense of corporate entities and their officers and employees.

eDiscovery
Law 595 Sect. 90
August 11 - August 22 from 5 pm - 8 pm (30.0 CLE)

Week 1 is held in Room 201 of the Law Building, Week 2 is held in Room 107 of the Interdisciplinary Science Building

Dr. Joel Henry, Esq., IEEE Certified Software Development Professional

The legal field, like many traditional professions, struggles with the incredible amount and variety of electronically stored information (ESI).  Lawyers need to know what ESI is, how to preserve it, how to find key items, and how to work with the court and opposing counsel in regards to ESI.  No longer can an attorney ignore or gloss over knowledge and use of ESI in legal matters.  ESI often provides the most determinative facts within a legal case.  Recognition of the impact of technology on the law has led to the new proposed comment on lawyer’s ethical rules.[1]  Given lawyers may soon have a duty to stay current on technological risks and benefits, this course may become required for all lawyers. 

The startling explosion of information generated by all forms of technology worldwide and then captured from devices as small as a watch or as large as multi-acre server farms creates both fear and opportunity.  The sheer volume of information requiring review, risk assessment, and subsequent protection by legal counsel is so large that an automated method of information review has become an absolute requirement.  This course will introduce students to the E-discovery Reference Model, survey the latest and most influential legal cases as they apply to the Model, provide information crucial to resolving ESI matters with the court and, most importantly, provide students with a hands-on experience with the most powerful ESI technology available.

The course will co-convene with a cohort of upper division students from the School of Business.  These students will learn the technical issues of administering the document management and review systems provided by Symantec and IBM.  These system provide technical support for implementation of the E-discovery Reference Model.  The business students will handle the technical and operational details of Clearwell and will participate in a hands-on exercise with law students by serving as technical support and analytic experts.  Law students will concentrate on the legal aspects of the case within the hands-on exercise and work closely with business students to accurately, quickly, and efficiently locate key legal facts and prepare these facts for presentation as evidence in the case.

This course will provide you with the skills needed to leverage ESI to win cases.  Be the lawyer who can use technology to find…

http://www.abajournal.com/news/article/lawyers_have_duty_to_stay_current_on_technologys_risks_and_benefits/

Note:  for the VisionNet portion of the course, students/attorneys will be provided a link for installation of software (which may be deleted following the class) to join the video conferencing.

Dr. Joel Henry, Esq, keeps his dance card full on multiple fronts. With a unique blend of advanced credentials and extensive experience, including a PhD in Computer Science and a JD, as well as being an IEEE Certified Software Development Professional, Joel works in the areas of e-discovery, pre- and early case assessment, and smart preservation using new and novel technology developed from his university research. The combination of Computer Science and Law allows Joel to slide seamlessly between both worlds, bringing a powerful set of problem solving skills to technology, legal, and business problems.  He maintains a small but focused legal practice working with technical startups to protect their intellectual property and insure advantageous contracting and business relationships. Joel has a startup company himself, Agile Legal Technology, which commercializes his University of Montana research into technology assisted review.  He is a member of the Montana Bar, IEEE, ACM, Sedona Conference, and E-discovery Institute.  Joel has published in Law Technology News and given presentations as recently as March 2014 at the Arizona State University-Arkfeld E-discovery Conference.  Joel is also currently working on an E-discovery “how to” manual for the ABA.