Dec 07, 2022  
2022-2023 Graduate Catalog 
    
2022-2023 Graduate Catalog

Law, Knudson School of


Dean: Neil Fulton
Associate Dean: Steven Macias
Assistant Dean: Eric Young

University of South Dakota Knudson School of Law
414 East Clark Street
Vermillion, SD 57069-2390
Phone: 605-658-3500
Email: law@usd.edu

http://www.usd.edu/law

FACULTY

Gregory Brazeal, Assistant Professor, J.D.,  Harvard Law School, Ph.D. (English) Cornell University. Member Washington and New York Bars. Courses: Criminal Law, Criminal Procedure, Cyber Law.

Neil Fulton, Associate Professor, J.D., University of Minnesota. Member, South Dakota Bar. Courses: Legislation. 

Patrick M. Garry, Professor, J.D., Ph.D., University of Minnesota-Twin Cities, Member, Minnesota Bar. Courses: Administrative Law, Advanced Torts, Employment Law, First Amendment Rights, Media and Communications Law. 

Hannah Haksgaard, Professor, J.D., University of California, Berkeley. Member, South Dakota, North Dakota, Minnesota Bars. Courses: Children and the Law, Family Law, Modern Real Estate, Property, Reproduction and the Law.

Wendy Hess, Professor, J.D., University of Denver. Member, Maryland, District of Columbia, and South Dakota Bars. Legal Analysis & Writing I and II.

Sean Kammer, Professor, J.D., Duke University, Ph.D. (History), University of Nebraska. Member, Ohio and South Dakota Bars. Courses: Environmental Law, Natural Resources Law, Torts, Water Law.

Allen Madison, Professor, J.D., Hofstra University, LL.M., (Taxation), Georgetown University Law Center. Member, New York, District of Columbia, California, Michigan, and South Dakota Bars. Courses: Federal Income Tax, Federal Tax Procedure, Non-Profit Organizations, Securities Regulation.

Steven J. Macias, Associate Professor, J.D., C.Phil. (History), University of California, Berkeley, LL.M., University College London. Member, California Bar. Courses: Torts. 

Michael McKey, Senior Lecturer, J.D., University of Texas, Austin. Member, Texas and District of Columbia Bars. Courses: Critical Legal Skills, Legal Analysis & Writing I and II.

Tyler S. Moore, Assistant Professor, J.D., Georgetown University, M.A. (Political Science), University of Notre Dame. Member, Iowa and Nebraska Bars. Courses: Agricultural Law, Constitutional Law, Jurisprudence. 

Laura A. Rose, Associate Professor, J.D., Stetson University. Member, Florida Bar. Courses: Evidence, Trial Techniques.

Tom Simmons, Professor, J.D., University of South Dakota. Member South Dakota Bar. Courses: Estate Planning, Trusts & Wills, Professional Responsibility, Remedies in Law and Equity, Tribal Wills Practicum I and II.

Ann Tweedy, Professor, J.D., University of California, Berkeley, M.F.A., Hamline University. Member, Washington, California, and Swinomish Indian Tribal Community Bars. Courses: Conflict of Laws, Federal Jurisdiction, Gender, Sexuality, and the Law, Indian Law, Property, Tribal Law.

Eric Young, Law Library Director and Senior Lecturer, J.D., Northern Kentucky University, M.L.S., Indiana University Bloomington. Member, Ohio Bar. Courses: Employment Discrimination, Legal Research Foundations.

Emeritus Faculty:

Roger Baron, Professor Emeritus, J.D., University of Missouri, Columbia. 

David S. Day, Professor Emeritus, J.D., University of Iowa. Member, California Bar. Courses: Constitutional Law, Constitutional Rights, First Amendment Rights.

Thomas Earl Geu, Professor Emeritus, J.D., University of Nebraska, Lincoln.

Randall J. Gingiss, Professor Emeritus, LL.M. (Taxation), DePaul University, J.D., University of Michigan, M.B.A., University of Chicago. 

Christine Hutton, Professor Emeritus, LL.M., Harvard University, J.D., Washburn University. 

Jo M. Pasqualucci, Professor Emeritus, S.J.D., George Washington University, J.D., University of Wisconsin, Madison. 

Frank Pommersheim, Professor Emeritus, J.D., Columbia University, M.P.A., Harvard University. 

Charles M. Thatcher, Professor Emeritus, J.D., Ohio Northern University. 

Jonathan Van Patten, Professor Emeritus, J.D., University of California, Los Angeles. 

Barry R. Vickrey, Professor & Dean Emeritus, J.D., Vanderbilt University. 

DEGREE

Juris Doctor  

CERTIFICATE

Indian Law Certificate  

Program Description

The University of South Dakota Knudson School of Law was established in 1901. It has been accredited by the American Bar Association since 1923 and has been a member of the Association of American Law Schools since 1907. The Knudson School of Law has a diverse, scholarly, and highly-accomplished faculty who have obtained their degrees, from a variety of respected institutions across the country. Many faculty members have practice experience in addition to their many years of teaching experience. School of Law students come from a variety of backgrounds and, upon graduation and admission to a bar, enter law practice in South Dakota and throughout the nation.

The University of South Dakota Knudson School of Law offers a high-quality legal education at an affordable cost in a small, friendly school with many opportunities for specialized instruction and personal assistance. Prospective students are encouraged to consider carefully the many advantages available as a student of the University of South Dakota Knudson School of Law. We encourage you to visit our website at www.usd.edu/law and to visit our campus in Vermillion. The faculty and staff are available to discuss legal education generally and how the programs at the USD School of Law can be designed to fit individual needs.

KNUDSON SCHOOL OF LAW ADMISSION REQUIREMENTS

Applications will be reviewed upon receipt of all of the following materials:

COMPLETED APPLICATION FORM

Applications must be submitted using the LSAC electronic application service. The application, along with the application fee, may be submitted via this service. The LSAT and CAS Reports will accompany the application. The Law School Admission Council (LSAC) may be contacted via its website (www.LSAC.org).

Law School Admission Test
Applicants must take the Law School Admission Test (LSAT). LSAT information such as deadlines, test dates, and registration can be found on the LSAC website at www.LSAC.org.

Credential Assembly Service
Applicants must have each college attended send official transcripts to the Credential Assembly Service (CAS). The CAS will guide the applicant on how and where to submit transcripts.  The CAS will analyze the transcripts and send the analysis and LSAT score to any schools requested by the applicant.  CAS registration forms and Transcript Request Forms are available by subscribing to CAS at www.LSAC.org.

An applicant expecting to be awarded a baccalaureate degree may have his or her law school application considered before graduation.  Any such applicant should send CAS transcripts documenting the applicant’s record during the first seven semesters or ten quarters of his or her undergraduate education.  Upon graduation from undergraduate school, the applicant must also request the undergraduate registrar to send an official transcript to the School of Law.  All records become a part of the applicant’s official file and will not be returned.  If an applicant’s LSAT score is more than three years old when the application is considered, the Admissions Committee may request that the applicant retake the test and submit an updated CAS report.

Two Letters of Recommendation
The applicant must submit at least two letters of recommendation from instructors, employers, or supervisors.  Applicants who have received their undergraduate or graduate degree within the preceding three years must include an academic letter of reference.  No particular form is required for the letters of recommendation.  In evaluating the applicant’s aptitude, character, and promise, the Admissions Committee will discount any perfunctory letters from persons only casually acquainted with the applicant.

Personal Statement
The statement should detail evidence of qualities beyond academic abilities, such as leadership ability, service to others, maturity, organizational skills, familiarity with other languages and cultures, a history of overcoming disadvantage, extraordinary accomplishment, or success in a previous career.  The statement should also explain what contributions the applicant may bring to the University of South Dakota School of Law and the legal profession.  Moreover, the statement should address the student’s reason(s) for going to law school.

Application Fee
An application fee of thirty-five dollars ($35.00).  The check should be made payable to USD.

Note:  In addition to a bar examination, there are character, fitness and other qualifications for admission to the bar in every U.S. jurisdiction. Applicants are encouraged to determine the requirements for any jurisdiction in which they intend to seek admission by contacting the jurisdiction. Addresses for all relevant agencies are available through the National Conference of Bar Examiners, located at www.ncbex.org.

ADMISSIONS PROCESS

Applications are accepted on a rolling basis each year.  Early completion (September) of an applicant’s file permits its prompt consideration by the Admissions Committee.   In addition, entering merit scholarships are awarded to accepted applicants early in the admission cycle.  However, scholarship offers to those applying after January 1 would first become available after the LSAC’s recommended enrollment commitment date of April 1.

It is the applicant’s responsibility to ensure completion of the application.  Applicants are encouraged to take the LSAT in June of the preceding year.  The applicant should also register with the CAS and ensure that transcripts of their undergraduate and graduate records are forwarded to that service so their files can be compiled by the Service and forwarded to the Law School.  Applicants should keep the Law School advised of their current phone number, email, and address.

A non-refundable deposit is due by April 1.  A second non-refundable deposit will be required in July.

In order to matriculate, an accepted applicant must provide proof of the conferral of an undergraduate degree by submitting the applicant’s official transcript showing an awarded baccalaureate degree no later than August 16 or as arranged with the Law School Registrar.  The submission of the official transcripts to the Law School is in addition to the submission of the transcripts to the CAS and cannot be waived.  Applicants who have not submitted an official transcript showing completion of an undergraduate degree by August 16, or who have not made arrangements with the Law School Registrar to provide such proof by a date no later than October 15, will be administratively withdrawn from classes. In rare instances where the actual awarding of the degree is delayed by a factor outside the applicant’s control, the Law School may accept documentation from the undergraduate degree granting institution that verifies the degree requirements have been completed and provides the anticipated graduation date.

ACCELERATED ADMISSION

An applicant may apply, become admitted to, and enroll in the Knudson School of Law without completion of the requirements for the applicant’s undergraduate degree. To be considered for accelerated admission, the applicant must have completed, prior to enrollment in the Law School, at least three-fourths of the required coursework for the undergraduate degree. Additionally, the applicant must submit a plan that shows precisely how the applicant intends to complete the requirements for the undergraduate degree prior to graduation from Law School.

3+3 PROGRAM OPTION (by application)

This program is available, by application, to eligible University of South Dakota students.

Students must:

  • be enrolled in a USD undergraduate program;
  • earn 90 undergraduate credits by the end of the junior year;1
  • meet all major, distribution, general education, and testing requirements in accord with institutional and regental policies, guidelines, and requirements by the end of the junior year;
  • have at least a 3.25 cumulative GPA by the end of the junior year, and earn at least a 152 on the LSAT;2
  • submit to the Knudson School of Law a statement of interest regarding entry into the 3+3 program by the beginning of the third undergraduate semester;
  • earn at least 45 of their credits in residence in the USD undergraduate college or school in which he or she is enrolled;
  • receive a letter of recommendation from the department chair or program director of his or her undergraduate major attesting not only to the student’s intellectual strengths, but also to the student’s maturity, work ethic, and overall readiness for graduate school (in addition to the two letters that are required in the standard admissions process);
  • obtain a final degree audit from the Office of the Registrar attesting that the student has successfully achieved all minimum requirements (90 credits, including major, distribution and testing requirements) prior to law school enrollment;
  • complete the standard application for admission to the Knudson School of Law.

1Alternatively, for ABA standards, have completed three-quarters of the required credits to degree.

2If a 3+3 program applicant moderately deviates from these requirements, and demonstrates evidence of extraordinary character, leadership, and maturity, the Knudson School of Law reserves the right to make an exception and grant admission in that case.

GRADUATE STUDENT ENROLLMENT IN LAW COURSES

USD degree-seeking graduate students who are not enrolled in the Knudson School of Law may be allowed to take certain Law School courses for credit on a case-by-case basis, subject to approval by the professor teaching the course. Graduate students interested in doing so should contact the Associate Dean of Academic Affairs to indicate their desire to take Law School courses. The Associate Dean will contact the course professors and notify the students whether enrollment has been approved or disapproved. Notifications will include any conditions on enrollment.

Conditions on enrollment are determined by each individual professor and may include, but are not limited to, the following matters:

  • Waiver of prerequisites, if required for law students
  • Adjustment of course requirements
  • Final examination requirements
  • Evaluation of course performance on a separate scale from law students

Students should be aware that the Law School curriculum is rigorous and course content will not, on the whole, be adjusted to accommodate non-law students. First-year law classes (700 series) and other required, upper-level courses are not open to attendance by non-law students. In no case will a course be open to non-law students if sufficient space in the class is not available. Students who have not completed their bachelor’s degree will not be considered.

FOREIGN APPLICANTS

It is required that foreign transcripts be submitted through the LSAC JD Credential Assembly Service (CAS).  Any postsecondary work completed outside the US (including its territories) or Canada must use this service for the evaluation of foreign transcripts.  The one exception to this requirement is if the foreign work was completed through a study abroad, consortium, or exchange program sponsored by a US or Canadian institution, and the work is clearly indicated as such on the home campus transcript.  This service is included in the CAS subscription fee.  Additionally, a Foreign Credential Admissions Officer (AACRAO) will review your file.

International applicants for whom English is a second language must submit a current Test of English as a Foreign Language (TOEFL) or International English Language Testing Service (IELTS) score to LSAC. Applicants with degrees from countries other than the United States who have obtained an undergraduate or graduate degree from a regionally-accredited American college or university are exempt from this requirement. Similarly, applicants who received a conferred degree from an institution in the UK, Australia, Canada (except Quebec), Ireland, or New Zealand are also exempt from this requirement.  This requirement may also be waived if the applicant received a conferred degree from an international institution in which English was the medium of instruction and for which there was an English proficiency requirement in order to gain admission. The School of Law requires a minimum TOEFL score of 79 on the Internet-Based TOEFL (IBT) a minimum of 550 on the written TOEFL, a minimum IELTS score of 6.0 or a minimum of 53 on the PTE Academic English Test.

LSAC’s TOEFL code for the JD Credential Assembly Service is 0058. The applicant’s score will be included in the Foreign Credential Evaluation document that will be included in the applicant’s CAS law school report.

USING CAS

To use the JD CAS, the applicant must login to his or her online account and follow the instructions for registering for the service.  Be sure to print out a Transcript Request Form for the University of South Dakota Knudson School of Law and promptly send it.  More time is usually required to receive foreign transcripts.

Questions about the JD Credential Assembly Service can be directed to LSAC at 215-968-1001. In addition, applicants may contact LSAC through the Candidate Help Form at https://www.lsac.org/form/contact-candidate-services.

TRANSFER STUDENTS

A law student may apply for admission as a transfer student to the Knudson School of Law if he or she has complied with the requirements for admission and presents evidence of having satisfactorily completed at least one year of law study and eligibility to continue at any law school accredited by the American Bar Association. The School of Law awards a juris doctor degree to students who earn a minimum of 50 credit hours in residence at USD along with all other applicable graduation requirements.

VISITING STUDENTS

Students from other law schools may apply to be a visiting law student at the University of South Dakota Knudson School of Law. Students who wish to visit should contact the Office of Admissions at law@usd.edu or by phone at (605)-658-3505 to request a paper application. Visiting students must submit a paper application, a copy of his or her CAS report from the current law school, and a letter of good standing from the current Dean. These materials may be submitted by email (law@usd.edu) or by mail (USD School of Law, Office of Admissions, 414 East Clark Street, Vermillion, SD 57069-2390).

Program of Study

The Knudson School of Law is accredited as a full-time program leading to a Law (J.D.)  degree upon completion of 90 semester hours of courses in six full-time semesters. Students enter the Knudson School of Law in the fall of each year. In preparing to apply to law school, students are advised that there are moral character, fitness, and other qualifications for admission to a state’s bar. The applicant, prior to matriculation, should determine what those requirements are in the state in which the applicant intends to practice. Contact information for state bar examinations is found at www.ncbex.org.

In order to qualify for the juris doctor degree, a student must complete six semesters, or their equivalent, in residence. A semester is generally 15 weeks, during which a student enrolls for at least 12 credit hours and completes at least nine of these hours with passing grades.  Enrollment for the purpose of this rule must be continuous throughout the semester.  A student may not satisfy the six-semester requirement by completing the summer externship and more credit hours than the normal course load in other semesters.

The Knudson School of Law course offerings are varied and respond to the evolving and dynamic needs of the legal profession. The University of South Dakota offers a broad range of electives after students have taken the traditional first-year curriculum, including a strong curricular emphasis in Indian Law. The Knudson School of Law offers course tracks in business law, civil litigation, commercial law, constitutional law, criminal law & procedures, employment law, estate planning, Indian law, environmental law, real estate law, and tax law. A broad array of co-curricular activities and professional networking opportunities further enrich the educational experience.

The Law School program leads to a juris doctor degree upon successful completion of 90 hours of credit. The full-time program covers three years; the Flex-Time program permits certain well-qualified students to take less than the normal load of credits each semester and to graduate with a juris doctor degree within five years instead of three. The School of Law offers concurrent degree programs leading to the juris doctor degree and a master’s degree (concurrently) from the University of South Dakota in three years in nine disciplines:

School of Business:

  • JD/Master of Professional Accountancy
  • JD/Master of Business Administration

Cross-Disciplinary Studies

  • JD/Master of Science in Administration

School of Education:

  • JD/Master of Arts in Education Administration & Leadership (Non-certified)

College of Arts & Sciences:

  • JD/Master of Arts in English
  • JD/Master of Arts in History
  • JD/Master of Public Administration
  • JD/Master of Arts in Psychology (Non-certified)
  • JD/Master of Science in Sustainability (Plan B only)

Research and Co-Curricular Opportunities

The Law School also provides a limited number of research assistant opportunities in which upper-level law students conduct research and perform other work for law professors and senior members of the administration.  In addition, student participation in co-curricular activities enhances the classroom learning experience for many at the Law School. Students gain extraordinary experience by participating in competitions and other events through the South Dakota Law Review, Trial Advocacy, the Moot Court Board, and the Alternative Dispute Resolution Board.

Student Learning Outcomes

Learning Outcome 1  

Each student will demonstrate the ability to identify and understand key concepts in American substantive and procedural law.  Each student will demonstrate achievement of this learning outcome by: 

  1. Articulating foundational concepts of substantive law.  
  2. Articulating foundational concepts in procedural law and recognizing their potential impact on substantive law claims.  

Learning Outcome 2  

Each student will demonstrate the ability to apply knowledge and critical thinking to perform competent legal analysis, reasoning, and problem-solving.  Each student will demonstrate achievement of this learning outcome by: 

  1. Identifying relevant rules and policies by interpreting cases, the U.S. Constitution, statutes, or administrative regulations (hereinafter referred to as “rules”).  
  2. Synthesizing the rules into a logical and coherent framework for analysis.  
  3. Analyzing which rule a court is likely to apply where rules conflict with, or appear to conflict with, one another.  
  4. Applying the rules to the facts of a case under consideration to determine the likely outcome of that case.  

Learning Outcome 3  

Each student will demonstrate the ability to conduct effective legal research.  Each student will demonstrate achievement of this learning outcome by: 

  1. Analyzing the legal issues to be researched and developing a research plan.  
  2. Using a commercial electronic research database to compile information regarding a given issue by creating search queries using terms and connectors.  
  3. Identifying print and online sources of legal information other than those accessed through electronic research databases.  
  4. Distinguishing between different types of primary law sources, and the weight, reliability, and binding or persuasive authority of each source.  
  5. Evaluating the reliability of information, including but not limited to authority, credibility, currency, and authenticity.  
  6. Addressing contradictory authorities.  

Learning Outcome 4  

Each student will demonstrate effective skill in legal writing and oral communication.  Each student will demonstrate achievement of this learning outcome by: 

  1. Drafting a legal document that is well-reasoned, clear, and organized.  
  2. Drafting a persuasive legal document that is appropriate to the audience and the legal requirements governing that type of document.  
  3. Demonstrating skill in oral communication.  
  4. Displaying listening skills and the ability to articulate proper responses.  
  5. Using proper citation forms.  

Learning Outcome 5  

Each student will demonstrate competency in the skills and methods that are essential for ethical and effective lawyering.  Each student will demonstrate achievement of this learning outcome by: 

  1. Employing client interviewing and counseling skills.  
  2. Demonstrating the ability to solve problems on behalf of clients.  
  3. Completing a substantial, professional-quality project.  
  4. Demonstrating the capacity for meaningful self-directed learning.  
  5. Demonstrating effective time management.  
  6. Developing minimal competency in financial analysis necessary for entry level attorneys.  
  7. Recognizing common ethical dilemmas faced by lawyers and resolving them through the application of the Model Rules of Professional Conduct. ​ 
  8. Showing an understanding of the values of the profession, including integrity, fairness, respect, and civility.  

Learning Outcome 6  

Each student will demonstrate an understanding of, and sensitivity to, the diverse backgrounds and perspectives of people they encounter, both within and outside of the profession.  Each student will demonstrate achievement of this learning outcome by: 

  1. Exhibiting an awareness of cultural differences.  
  2. Exhibiting an awareness of social differences.