Courses

(S) = Seminar

Analytical Methods in the Law

3 sem. hrs.
Housing crises, bank failures, health care reform - understanding any of these dramatic events requires a basic understanding of analytical methods. Even in less tumultuous times, a familiarity with quantitative reasoning and statistics is an increasingly important part of a lawyer’s job. This course will prepare students to use quantitative tools from statistics, finance, and economics to problems of legal importance. The course is introductory and is especially aimed at students with little background in economics and statistics. Topics covered include decision analysis, hypothesis testing, linear regression, game theory, microeconomics, and finance. Legal applications include litigation, negotiation, environmental law, corporate law, criminal law, employment law, antitrust, and intellectual property. In addition to a main textbook, sources for course material are drawn from legal cases, scientific studies, and journal and newspaper articles. The goal of the course is for students to develop their quantitative intuition through practical application, including the use of computer tools such as Excel. No specific mathematics background is required, and students with little or no quantitative coursework are especially encouraged to take the course. Students with more extensive math or economics backgrounds should consult with the professor to determine whether the course is appropriate.

Computer Crime Law (S)

3 sem. hrs.
This course studies the legal issues raised by computer-related crimes. It considers three main questions: First, what conduct involving a computer is a crime? Second, what law governs the collection of electronic evidence in criminal investigations? And third, which governments have jurisdiction over the investigation and prosecution of computer crimes? Topics covered include the computer hacking statutes; the law of computer viruses; Internet fraud crimes; Internet gambling; criminal copyright offenses; Internet threats; child pornography laws and online undercover investigations; the Fourth Amendment in cyberspace; the Electronic Communications Privacy Act; Internet surveillance law; international computer crime investigations; the role of federalism in computer crime cases; and the intersection of computer crimes and national security surveillance.

Copyright

3 sem. hrs.
This course will focus on the legal protection of creative works through copyright and related rights. Topics will include the concept, purposes, and goals of copyright, copyrightable subject matter, originality, ownership of copyright, fixation, formalities, and the various rights, limitations, and remedies provided by copyright. The final grade will be based on an in-class examination and class participation.

Copyright Theory (S)

3 sem. hrs.
The objective of this Seminar is to expose students to the various theoretical and policy debates that are today endemic to the copyright system. Each week, the readings will focus on one or more theories that purport to explain and justify the institution of copyright. Topics will include economic theories, labor/desert theories, personality theories, democratic/free speech theories, natural rights theories and theories of cultural production. Classroom discussions will then focusing on evaluating these theories against the actual workings of copyright doctrine. In the process we will ask if copyright is indeed the best way of stimulating creativity in different settings, whether there might indeed be other values/goals that drive copyright law, and whether at times the copyright system imposes more costs than benefits on society as a whole. Each student will be required to help lead class discussions during one class session. Additionally, every student enrolled in the seminar must complete a research paper that satisfies the law school’s senior writing requirement.

Cultural Heritage & the Law (S)

sem. hrs.
Course Description for Fall 2011: Art Law and Cultural Heritage Policy Sharon Lorenzo, Esq. University of Pennsylvania Law School This class will meet in the seminar format with a small group of students. The professor has a J.D.-M.B.A in law and business and a Bachelors and Masters degree in art history and will conduct the class with an occasional guest speaker. The required text for the course is Art, Cultural Heritage, and the Law by Dr. Patty Gerstenblith, Second Edition, 2008,Carolina Academic Press as well as additional readings and movies posted on the course portal. Students will be required to write a 20 page paper and make a short presentation about same for the class on a topic of his or her choice. This class may be used to satisfy the writing requirement for U Penn Law. There will not be any mid-term or final exams. Two classes will be held in the Penn Art Museum and the Philadelphia Museum of Art. An optional field trip to see galleries, auction houses, and museums in New York City will be available on a Saturday for those who wish to attend. Regular class attendance is required. The first 5 weeks will address major issues of art law concerning artists, auction houses, museums and private collections. The second half of the class will be concerned with issues of illicit trafficking of art objects from ancient to modern times, including the looting of art works in Iraq and World War II. Discussions of the cultural rights of Native American tribes as well as the legal concerns of underwater archaeology will be addressed. Grades will be given based on attendance, class participation, and the written and oral presentations of the final paper. Computers and cell phones are not permitted in the classroom except for student presentations.

Cybercrime (S)

Development of US Intellectual Property Law (S)

3 sem. hrs.
This seminar will introduce students to major developments in the history of American patent and copyright law. One objective of the seminar is to explore how intellectual property institutions took their modern shape and to draw lessons about their possible future development. The other aim of the course is to reflect on the uses of historical argument in recent IP law and policy, especially in decisions of the U.S. Supreme Court. Students must complete a paper on a major case in patent or copyright law, placing the case in its legal and economic context, tracing the strategies of the parties, and explaining the subsequent importance and implications of the decision. No prior experience of legal history or historical research is required.

Entrepreneurship Legal Clinic

6 sem. hrs.
PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR CLINICS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. This clinical course involves the direct representation of entrepreneurs, businesses, and social ventures from the Philadelphia area. With the guidance and supervision of full-time faculty with significant transactional experience, students serve as the primary counsel to both for profit and non-profit clients on matters such as business structuring and formation, contract drafting and review, intellectual property, managing employees, negotiating with third parties, asset acquisitions and dispositions, business strategy, and regulatory requirements. The Clinic does not litigate. Through weekly seminars, concepts and skills involving substantive law, business, and professional development are introduced to enable students to best serve their clients and learn the fundamentals of transactional practice and impact distressed communities. In addition to the regularly scheduled class meetings, students will meet with Faculty supervisors at least once a week for approximately an hour. Students also present workshops on various legal topics to local entrepreneurs. These presentations take place in the evenings and are teamed presentations. Enrollment is limited to 16 students. Corporations is recommended. N.B. You may not enroll in this course if: a) you are enrolled in another clinical course, or an externship in the same semester; or b) you have 3 or more incomplete grades at the beginning of the semester. You must appear at the first meeting of the course, or you may be automatically dropped from the course (unless you have advance permission from the instructor). The drop/add period for this course ends at 4 p.m. on the first Friday after the start of the course. Students who elect to use their enrollment in the Entrepreneurship Legal Clinic toward their public service requirement will receive one less credit for this course.

First Amendment in the 21st Century (S)

3 sem. hrs.
Discussion of the First Amendment's guarantees of freedom of speech, press and assembly during the second half of the twentieth century occupied a central place in the Supreme Court's practice of judicial review. As the century closed, the "information age" brought new urgency to some elements of the discussion, and threatened to transform others. This seminar will examine the development of the constitutional doctrines protecting freedom of expression, and the ways in which these doctrines are likely to occupy the courts in the twenty first century. Discussion is likely to include problems of incitement and threats, conspiracy, compelled speech, anonymity, libel, obscenity, emotionally abusive speech, intellectual property, privacy, access to public fora, the internet and media structure. The first nine weeks will consist of discussion of class materials presented by the instructor; the last four weeks will consist of presentation of papers by students. Reading will be substantial, and attendance, preparation and class participation will be required of all seminar members.

GRS: Comparative Telecommunications - US/EU (S)

sem. hrs.
This intensive seminar will compare Internet policy in the US and the EU. The U.S. and Europe have historically taken widely divergent approaches to the regulation of communications technologies. In more recent years, the approaches have begun to converge, in part because of the increasing globalization of the telecommunications market and in part because of certain intellectual insights that have transformed the conventional wisdom about economic regulation. This seminar will compare the regulatory approaches taken in the U.S. and Europe, studying both their emerging similarities and the key differences in intellectual commitments that tend to keep them distinct. In the process, the seminar will provide an introduction to EU law, covering both the EU’s institutions and lawmaking process. The seminar should be of particular interest to students interested in Internet policy, economic regulation, EU law, and the impact of different institutional structures (such as government ownership and federalism) on regulatory policy. The seminar incorporates a week-long field research visit to Philadelphia and Washington, D.C., during the first week in January and a week-long field research visit to Germany and possibly Brussels over Spring Break. Registration will be competitive and require the following additional materials be sent electronically to Claire Wallace – cwallac2@law.upenn.edu by 4:30 p.m. on Friday, July 22: A) Cover Letter addressed to Professor Christopher Yoo; B) Resume; C) Writing sample (no more than five pages in length; it can be a part of a larger writing sample, if desired). Enrollment decisions will be made by Friday, August 5.

Giles S. Rich Patent Law Moot Court Competition

sem. hrs.
This course involves students in the American Intellectual Property Law Association (AIPLA) Giles S. Rich Intellectual Property Moot Court competition, a national inter-school moot court competition on IP issues. It is best if students have completed Patent Law prior to taking this course, but only Intro to IP is required. Students interested in joining the course should contact Professor Wagner.

IP & Corporate Lawyering (S)

sem. hrs.
This course acclimates students to the perspective of intellectual property as a business asset and teaches how to use the law and lawyering skills to achieve business objectives. The course is particularly suited for students who plan to become corporate transactional lawyers and seek a deeper understanding of laws applicable to key assets of most businesses, as well as for students who plan to become intellectual property specialists and seek a broader understanding of the context in which they will practice their specialty. Underscoring the core corporate lawyering principle that lawyers must know their clients’ businesses to represent clients most effectively, the course explores the strategic utilization of intellectual property laws in an organization’s business objectives. For example, we will examine when and how corporations use trademarks, copyright, trade secrets and patents to advance and protect their products and services in the marketplace. Examples include the business assessment underlying an enterprise’s decisions regarding its trademark strategy, when to pursue patent protection versus trade secret protection, and how to navigate the ever-changing legal terrain that surrounds many new technologies. Students will have the opportunity to prepare and present strategy recommendations and relevant intellectual property filings for business case studies and hypothetical scenarios. Students must complete a group assignment and write an end of semester paper. An introductory intellectual property course is a prerequisite.

Intellectual Property and National Econ Value Creation (S)

3 sem. hrs.
This course will explore the legal structure of intellectual property laws in the United States and select foreign countries and the effect of these laws on the countries national economic development. In this process, we will explore the nature of the correlation between different types of intellectual property laws and national economic development. We will also discuss the quantification of the economic value of different types of intellectual property laws. Lastly, we will engage in a discussion as to whether intellectual property laws can be effective tools for social engineering. Please note that the first class meeting will be on Monday, January 17, 2011.

Intellectual Property: Trademarks

sem. hrs.
This course examines ways in which the manufacturer can establish and protect his /her identity and the identity of his/her product in the marketplace. Attention is directed to the various devices which can be used for this purpose, particular focus being given to trademarks and trade-names under the Lanham Act, common law and various state laws. Attention is also given to related areas of unfair competition, including such topics as false advertising.

International Communication: Power & Flow (S)

sem. hrs.
This course will address old and new patterns of communications flow across national and societal borders, taking account of media technologies, mutual perceptions, rhetorical forms, and the balance of power and influence in a globalizing world.

Intro to IP Law & Policy

3 sem. hrs.
This course starts from the premise that the law and policy of intellectual property is increasingly becoming an important component of a modern legal education. As such, the course will present a broad overview of the contemporary doctrinal and policy challenges facing intellectual property in an era of rapidly changing technology. The course is not intended to replace (or be a prerequisite for) any of the basic IP courses - instead, the class will be structured around several of the major recent disputes over the patent, copyright, and trademark laws, considering these from both a doctrinal and a social policy perspective. This is a 1L elective course and 1Ls will receive priority in enrollment.

Law and Economics Seminar (S)

3 sem. hrs.
This seminar will provide students with an opportunity to learn about cutting-edge research in law and economics through presentations by some of the leading scholars in the field. In preparation for the outside speaker sessions, students write short (two to three page) critiques of the author's paper. Final grades will be based on the critiques and seminar participation, including a group presentation. Some background in economics or law and economics is very helpful; however, knowledge of technical economics is unnecessary.

Patent Law

sem. hrs.
In our modern technologically-based economy, the creation and enforcement of patent rights can make or break a business. With record numbers of patents being issued every year, the stakes for inventors (and, indeed, their lawyers) continue to increase, even as the patent law and its administration faces growing criticism. This course seeks to equip students with a detailed overview of the law and policy of the United States patent system. We'll organize our inquiry into four components. The first considers the justifications for (e.g., economic, moral, political) and creation of patent rights as well as the relationship between patent law and other "intellectual property" concepts. The second will delve into the details of the statutory requirements for patentability, with a focus on both the "black letter" law and the underlying policies. Third, we'll consider the scope and enforcement of patent rights, again considering how the policies expressed in the legal doctrine relate to the justifications for patent rights we discussed in section one. And finally, we'll conclude with a look at the subject matter of patents -- considering specifically the cases of biotechnology, computer software, and internet business models -- drawing together the ideas introduced throughout the course. Class exercises and simulations will be used throughout to highlight important concepts. Last year's syllabus and additional information can be found at http://patents.pennlaw.net/.

Patent Litigation Seminar (S)

sem. hrs.
This course examines the basics of litigating patent disputes in a United States District Court and the Court of Appeals for the Federal Circuit, including pre-suit investigation, drafting of pleadings, fact and expert discovery, "Markman" claims construction proceedings, dispositive motions, in limine motions, trial, post-trial motions and appeal. Policy implications will also be considered, e.g., the cost of litigation as a tax on innovation (and its effect of understanding this as a tax on the desirability of deciding these cases summarily, in a bench trial, and without extensive discovery); Markman hearings and the allocation of authority between judge and jury; the advisability of jury trials in patent cases; appeals and specialized adjudication; and the allocation of authority between trial and appellate court.

Policy Analysis

3 sem. hrs.
Lawyers play a key role in making public policy, whether in legislative, executive, or judicial settings. This course will focus on the skills lawyers need when serving as policy analysts or decision makers, as well as when serving clients who must interact with policymakers. The course will examine core methods and skills of research, analysis, and exposition suitable for effective policy counseling and decision making. Specific analytic concepts and tools, such as benefit-cost analysis, will be addressed, but overall emphasis will be placed on a general framework for analyzing any kind of social or economic problem and assessing different types of alternative legal solutions. Working either individually or in teams (at their choosing), students will prepare and present their own original policy analysis of an important problem they select, geared in a format to inform an actual decision maker. There will be no final exam. Grades will be based primarily on the final policy analysis, but class participation, short reaction papers written during the term, and an in-class presentation will be factored as well. The senior writing requirement may be satisfied with permission.

Privacy & Data Protection

sem. hrs.
This course explores the role of the law in the regulation of privacy, personal autonomy and access to personal data. Part I of the course examines the origins of state common law privacy law and its subsequent growth. We will consider recent uses of the four common law invasion of privacy torts recognized in most states and by the American Law Institute’s Restatement of (Second) of Torts. Part II takes on the voluminous privacy jurisprudence spawned by the Bill of Rights-- most importantly, the First and Fourth Amendments’ jurisprudence of associational, physical, and informational privacy. What are the values at stake in constitutional privacy controversies; are they the same values at issue in the common law and in discussions of social networking, web-based commerce, cloud computing and government surveillance? Part III explores the federal privacy statutes, a dynamic source of privacy and data protection law. It surveys nearly a dozen federal privacy statutes, covering government record management; health, education, and financial data; video rentals; communications; the internet; and government surveillance. The course evaluation will be based on an exam, and there will be a paper writing option for persons wishing to complete their senior writing requirement. Class attendance is mandatory for all students.

Risk Regulation (S)

1.5 sem. hrs.
Society faces a range of risks, from both natural sources and economic activities. A core challenge for society’s major institutions – governments, businesses, non-profits – is to understand these risks and learn to manage them effectively and efficiently. This seminar will focus on how society deals with risks, ranging from, on the one end of the spectrum, voluntary action by business to, on the other end, strict rules imposed by government on the private sector – with many variants in between. These risk management responses also include the design of institutions to identify, monitor, and provide information about risks. Understanding what makes for effective institutional responses to risk is especially challenging, for it calls for not just an understanding of institutions themselves -- e.g., law and business -- but also an understanding of how these institutions interact with and affect the risks they are supposed to reduce or mitigate. This seminar will meet on alternating Tuesday afternoons throughout the entire 2010-2011 academic year. One seminar meeting each month will feature a guest speaker presenting new scholarship or policy analysis related to risk regulation. The other sessions will provide general background on risk regulation, further consideration of the specific topics covered by the guest speakers, and discussion of research papers seminar participants will be expected to complete by the end of the spring term.

Technology Policy (S)

3 sem. hrs.
This seminar, which will be cross-listed in the Engineering School and co-taught with Engineering School faculty, will focus on developing an understanding of existing and emerging technologies and exploring the legal, political, societal and economic impacts of those technologies. The specific issues covered will vary year to year based on recent developments and student and faculty interest. Past topics have included computer security, electronic privacy, electronic voting, open source software, issues related to genetic research and therapy, wireless broadband, and network neutrality. Grades will be based on class participation and a series of short papers written on topics discussed in class.

Technology and Policy

sem. hrs.
This course will explore the various legal regimes that apply to the Internet. Topics will include FCC regulation of the Internet, network neutrality, voice over Internet protocol, backbone regulation, pornography, municipal broadband and the digital divide, ICANN, the Digital Millennium Copyright Act, cybersquatting, the use of trademarks in domain names, file sharing, regulation of search engines, and privacy.