Alphabetical Course Descriptions | Courses By Subject Area | First Year Courses | Upper Level Courses

ALPHABETICAL COURSE DESCRIPTIONS

(S) = Seminar

Accounting

2 sem. hrs.

This course is designed to provide the student with an understanding of the basic fundamentals of accounting, emphasizing the nature and purpose of financial statements. The course will focus on legal problems that lawyers and their clients should consider in using and relying on financial statements and not on the technical aspects of preparing financial records and financial statements. No prior background in bookkeeping or accounting is necessary. The course's format will be approximately 50% lectures, 50% Socratic. The takeaway exam will be a combination of short-answer, essay and multiple-choice questions.

Administrative Law

3 sem. hrs.

We live in an administrative state, populated by thousands of governmental bodies that collectively exercise pervasive authority over the entire economy and the lives of every American. Unlike courts, which enjoy explicit constitutional independence, administrative agencies constitute a constitutionally ambiguous "fourth branch of government." Also unlike courts, most agencies have authority to wield a wide variety of regulatory powers other than adjudication, including rulemaking, licensing, advice-giving, and prosecution. "Administrative law" is the body of constitutional, statutory, Executive, and "common law" principles that constrain and thereby seek to legitimate the exercise of these powers. This course will be a critical examination of these principles. Topics include: the place of agencies in our tripartite structure of government, the choice between rulemaking and adjudication as devices for making policy, procedural requirements for the exercise of various administrative powers, and judicial review of administrative decisions.

Adv Topics in Corp Law: Role of Ind Dir in Corp Gov (S)

3 sem. hrs.

In recent years, independent directors have become increasingly important in the governance of American corporations. This seminar, co-taught by a professor and a judge on the Delaware Court of Chancery, will focus on the evolving role of independent directors. The course will place the current role of independent directors in American corporations in historical and comparative context, by considering the evolution in the role of independent directors in America itself, and in comparison to other nations. The course will then focus on some of the key functions now vested in independent directors in the U.S., including: a) approval of conflict and change of control transactions and defensive measures; b) oversight of the legal and financial compliance function; c) the hiring, retention, and compensation of top management, and the approval of the CEO's strategy for the firm; and d) the firm's approach to corporate governance. The class grade will turn heavily on class participation (40%) and on a research paper of around 25 pages (60%). Several of the seminars will involve prominent guests from the corporate law and financial business communities.

Advanced Constitutional Law

3 sem. hrs.

This course will focus on topics not covered or covered slightly, in the first-year constitutional law course. There will be some, but hopefully not much, overlap with other advanced elective courses. Emphasis will be placed on important current issues and recent or pending cases. Among the topics, or subject areas, to be discussed: Civil liberties in the Age of Terrorism; immigration, citizenship and alien rights; congressional enforcement of the reconstruction amendments; new developments in racial equality (e.g., Michigan) sexuality and the constitution (e.g. Lawrence); religion and the First Amendment; the distribution of national power; commerce clause limitations on state power; congressional regulation of the political process. This list is not set in stone; there may be additions or subtractions.

Advanced Criminal Law

3 sem. hrs.

The Fall 2006 Advanced Criminal Law builds upon the introductory criminal law course through a series of case studies and statutory drafting exercises. The case studies are selected by the course members, .front public sources or from the softcover coursebook, Criminal Law Case Studies (2d ed. West 2002), which is on reserve at the library. Student teams argue the prosecution and defense side of each case, based upon commonsense justice arguments that one might make to a jury, as well as upon the law as it then existed, and upon the Model Penal Code. The legal source document for the course is a general treatise on criminal law, also on reserve at the library, so success in the course does not depend upon what a student remembers from, or what professor he or she had for, introductory criminal law. Student teams also draft proposed criminal code provisions relating to issues that arise in the case studies. Case studies selected by students in the past have concerned such topics as a brainwashing defense, the use of torture to save civilian lives, the battered spouse syndrome as a defense to spouse killing, the use of the death penalty, the use of the lesser evils defense in instances of protest or civil disobedience, drug addiction as involuntary intoxication, the use of deadly force against burglars, the defense of military orders, and euthanasia.

Advanced Legal Research

1 sem. hrs.

Advanced Legal Research. 1 sem. hr. Day. QIII. Spring. This course is designed to reinforce and expand upon the legal research skills and sources covered in First Year Legal Writing. Emphasis will be on electronic databases, specialized print sources, and various research strategies. Topics vary from year to year but usually include legislative history, administrative rules, looseleaf services, and a comparison of Lexis, Westlaw, and the Internet. This course is strongly recommended for: a) 2Ls planning to become Legal Writing Instructors or Fellows on the theory that they should be as well prepared as possible prior to assuming their duties in the Third Year, and b) 2Ls and 3Ls who, after a summer job, have come to realize that efficient research skills are essential to a successful legal career. LLMs are strongly urged to take instead U.S. Legal Research, an August course specially designed for them. You will be required to research and write a 15-20 page Pathfinder on a narrow topic of your choice. A Pathfinder is a bibliographic/legal essay which recommends a research strategy to a managing partner who will continue your research sometime in the future and doesn’t have time to start from scratch. The paper will force you to think about research options and to recommend the best paper and online sources germane to your topic. It will be due approximately one month after the last class. Pathfinders are graded unanonymously, on a curve, and are 100 % of the final grade.

Advanced Patent Law

3 sem. hrs.

This course is intended to be a vehicle for the advanced study of the U.S. Patent system, as well as an opportunity for students to engage in serious research and writing in this topical area. Subject matter covered in the course will encompass the major doctrinal and policy challenges faced by the patent system, including: trends and analysis of claim construction, the judicial doctrine of non-obviousness, recent supreme court decisions in patent law, current trends at the Federal Circuit, tactical and strategic considerations for patent litigation, the current controversy over patent "trolls," and hot topics in legislative patent reform. The course will make use of a variety of resources, including guest speakers, visits to court (assuming scheduling can be worked out), recent scholarship in patent law, recent caselaw from the Federal Circuit and Supreme Court, and statistical and data-oriented research. While there will be no book assigned for the course, reading will vary, and will be heavy at times. All students are expected to attend and participate in all class discussions and activities. The grading for the course will be based on course participation student performance on a series of three (approximately 10 page) essays during the term of the course. The first essay will be to write a 'bench memo' on a case currently pending at the US Court of Appeals for the Federal Circuit. The second essay will report the results of the student's individual data-oriented research on some aspect of patent law or patent litigation. And the third essay will be a more theoretical discussion of a student-selected topic related to the future of the US Patent System. To enroll, students must have completed either Patent Law or Introduction to Intellectual Property.

Advanced Problems in Federal Procedure Seminar (S)

3 sem. hrs.

Study of selected problems in federal procedure, particularly complex litigation and discovery. There will be no exam. Each student will give two brief class presentations on selected readings. Each student will write a final paper, and will make a class presentation concerning his or her paper topic towards the end of the course. With instructors' prior permission, the final paper can be used to fulfill the senior writing requirement.

Advanced Topics in Commercial Real Estate Seminar (S)

3 sem. hrs.

This seminar is designed to introduce students to the variety and fluidity of structures in today's commercial real estate transactions and the lawyer's role in "structuring and negotiating the deal." In the first part of the course, the students will examine and discuss the legal issues involved in complex commercial real estate transactions, including, the legal issues inherent in structuring a smooth transition from land acquisition and development to the operation of a multi-use complex and shopping center, the effects of zoning and similar legal requirements on development, acquisition and disposition of real estate, the role of the lender as simply a source of financing or as an equity partner, and the legal relationships and conflicts among developers, contractors, architects, tenants, lenders, Wall Street, surety companies and management companies. In the second part of the course, the students will be expected to prepare a paper on selected topics. The paper will require research into points of law discussed in the earlier part of the course.

Advanced Torts

3 sem. hrs.

This seminar will consider the law of intentional torts from the perspective of intergroup and intragroup conflict. Although many tort actions involve strangers, intentional tort actions very often arise from the repeated or continuous interaction between contending groups or communities distinguished by race, ethnicity, gender, sexual orientation, age, religion, or class. Moreover, members of the groups or communities may be divided among themselves and resort to the tort law as well to resolve their internal differences. The goal of the course is to develop techniques for analyzing legal disputes with regard to the full context in which they arise, particularly as viewed from the perspective of groups or persons of subordinate status. Among the topics to be explored are the construction of women's consent to medical procedures (including sterilization, female genital surgery, and plastic surgery); consent to physical and emotional assault within the context of male bonding associations (teams, gangs, and fraternities); false imprisonment and worker exploitation; gentrification as a tort; and defamation, invasion of privacy and the maintenance of social stratification. Videos and ethnographic readings will be employed liberally.

American Trials Seminar (S)

3 sem. hrs.

This course will examine prominent trials of the 20th century that were impacted by and had an impact on our culture. The course will be interdisciplinary. We will read and view actual trial materials (pleadings, arguments, testimony) as well as literature, journalism, history, and films that grew out of the trials. The goal is to discuss the ways in which the lawyers molded the stories they told to fit the time, politically and socially, and how the story told in the courtroom then generated other stories in other forms. The reading for the course will be heavy but enjoyable, and films may be screened outside the normal class time. A syllabus will be made available before registration in the spring. Consistent class participation and attendance are required. Students will write a paper for each of the six trials we study. Five of the papers will be short (3-4 pages), and one will be longer (10-15 pages). With the permission of the instructor, a 20-page seminar paper may be written in lieu of two of the papers to fulfill the senior writing requirement. Drop/add will end on Friday, January 12 at 4:00 p.m.

Anatomy of a Divorce

2 sem. hrs.

More than 50% of the marriages in this country end in divorce; the percentage is even higher in many countries outside of the United States. Besides its emotional and financial impact on the divorcing parties, the transfers of wealth attendant to marital dissolutions have substantial economic consequences on society at large with the property subject to distribution in divorce expanding to include career achievements or career potential, celebrity status, enhanced earning capacity, license and degrees. This course provides exposure to the dynamic process of representing the spectrum of clients, including same-sex couples, in a dissolution of marriage case and the unique issues, such as dealing with the media, gag orders, and seeking to close courtrooms to shield children when representing high-profile and high net worth individuals. Topics are covered from the perspective of a practicing lawyer and include: initial client interviews and retention, jurisdiction and choice of law issues, child custody and visitation, the interplay between the Court and matrimonial attorneys, mental health issues, temporary and permanent maintenance for spouses and support for children, awards of attorney and expert fees, the nature of property subject to division and distribution, the valuation process, unique issues raised by certain types of property, effects of bankruptcy, pre- and post-marital agreements, negotiating and drafting marital settlement agreements, pre-trial discovery preparation for and conduct of trial, and Federal tax aspects of marital dissolution. Guest lecturers will include a sitting matrimonial judge, a forensic accountant and a former client.

Animal Law & Ethics (S)

3 sem. hrs.

This seminar course will focus both on fundamental legal and ethics questions, including human duties toward animals and whether conceiving of rights for animals is appropriate, as well as on an understanding of the current legal and administrative means through which the relationship between humans and animals is regulated. We will discuss the varying viewpoints expressed by animal advocates, generally falling into the category of either "animal welfare" or "animal rights" positions. We will discuss the fact that nonhuman animals are not legally "persons" and currently have no legal rights, per se, only limited legal "protections." Discussion of animal rights will necessarily entail an examination of the sources and characteristics of fundamental rights, why animals have historically been denied them, and whether legal rights are appropriately limited to humans. Further, we will discuss whether, if any such rights were recognized, what nonhuman animals should be entitled to them and, if so, to which legal rights they should be entitled. The class will also consider such issues as establishing standing to bring suits on behalf of animals, constitutional issues raised in animal protection cases and an analysis of the law and theory behind the protections afforded (or not afforded) animals under various federal and state laws. The focus will be on the status of animals as property, the doctrine of standing, and the nature of legal rights as applied to nonhuman animals. We will examine the content and enforcement of state anticruelty laws, the Endangered Species Act, the Federal Animal Welfare Act and accompanying regulations. A research paper (or possibly a few short papers) will be required. As this course is intended, in part, as an opportunity to engage in an open dialogue on the potential for developments in this nascent area of law, attendance and participation in class discussion is crucial.

Antitrust Law

3 sem. hrs.

The course considers the basic principles of antitrust law. It will examine the laws of horizontal restraints (including price fixing and other forms of collusion), vertical restraints (including resale price maintenance and territorial and customer restrictions placed on dealers), monopolization, merger regulation, and the relationship between antitrust and other forms of economic regulation. Although a background in economics may be useful, no previous knowledge of economics is assumed.

Appellate Advocacy

3 sem. hrs.

The primary focus of this course is learning to write a persuasive appellate brief, and the secondary focus is on oral argument and appellate practice. The class will follow the Federal Rules of Appellate Procedure, and the briefs often focus on federal and constitutional questions. There will be reading assignments and focused writing exercises, including an appellate argument and appellate brief. Course writing will be subject to detailed review by the instructor and sometimes fellow classmates. Attendance and participation are important, and there will be some required independent legal research. Oral arguments will be videotaped after appellate briefs are submitted near the end of the course. You may get an assignment in August due at the first class. Class is limited to 12 students, with preference given to 2Ls.

Approaches to Islamic Law

1 sem. hrs.

This course aims to introduce students to the study of Islamic law, the all-embracing sacred law of Islam. In this course we will attempt to consider many different facets of the historical, doctrinal, institutional and social complexity of Islamic law. In addition, the various approaches that have been taken to the study of these aspects of Islamic law will be analyzed. The focus will be mostly, though not exclusively, on classical Islamic law. Specific topics covered include the beginnings of legal thought in Islam, various areas of Islamic positive law (substantive law), public and private legal institutions, Islamic legal theory, and issues in the contemporary development and application of Islamic law.

Art of Deals: Int'l & Dom Business Transactions (S)

3 sem. hrs.

This course will explore various types of business transactions, both domestic and international, with a view to understanding the principles and dynamics underlying the art of “doing deals” from a US perspective. We will analyze different types of transactions, simple and complex, from the structuring of the transaction to the documentation of the deal, including: - requirement contracts; - technology licensing agreements; - asset purchase transactions and related documentation (confidentiality agreements; letters of intent; non-competes; earn-outs; employment agreements etc…); - stock purchase agreements and related documentation; - project financings; - financial transactions (loan agreements; swap agreements); and - private equity transactions. The class will also emphasize the drafting skills necessary to properly document the transaction and represent the interests of the client. Students should have a basic understanding of US contract law.

Assessment and Regulation of Environmental Risks (S)

3 sem. hrs.

Federal and state government, and the U.S. public, are increasingly turning to quantitative risk assessment and cost-benefit analysis to guide rulemaking decisions and set priorities for interventions affecting health, safety, and environmental protection. However, the supply of high-quality risk and cost-benefit analyses is falling behind the demand for them, and failing to keep up with the expectations for scientific rigor and broad public involvement. This course prepares students to critically evaluate risk and cost-benefit analyses, in order to help make environmental decisions that are responsive to science, economics, and public values. Students will analyze recent and pending decisions by EPA, OSHA, and other agencies, to explore how analysis has informed or obscured important controversies. We also discuss the art of crafting cost-effective controls, considering both traditional rulemaking and innovative proposals for new policy instruments.

Bad Intentions Seminar (S)

3 sem. hrs.

In this seminar we will ask: When should legal liability turn on subjective bad intent? We will explore mental state requirements in private and public law, including: the principle of good faith in contract law and corporate fiduciary law; the distinction between intentional and non-intentional torts; scienter under the federal securities laws; mens rea in criminal law, and; impermissible purpose under the First and Fourteenth Amendments. Each student will participate actively in each session, present a short paper in an assigned week, and submit a final paper on an approved topic on the last day of class.

Bioethics and the Law: Mental Illness and Moral Lives Seminar (S)

3 sem. hrs.

People affected by bipolar disorder, major unipolar depression, anxiety disorders, stress disorders, schizophrenia and other DSM-IV mental illnesses have rich and difficult moral lives. Read their autobiographies and discover remarkable levels of moral and ethical engagement. Noted psychiatrists, including Sigmund Freud himself, have noted the problems of excessive and deficient moral responsibility-taking by their bipolar patients. Dr.Kay Jamison is perhaps the most famous of the contemporary autobiographers who have described struggling with issues of identity and shame that result from her acts of violence, dependency and neglect. Often educated, well-brought up, and well-employed, many people with mentally illnesses know right from wrong. Yet sometimes they do the wrong thing. They hit, lie, cheat, bribe, molest. Many of their most hurtful, damaging and illegal acts are the direct result of illnesses that unleash negative impulses and distort judgment. This seminar will examine how moralists recommend that a just and caring society judge and respond to the harmful and offensive acts of the mentally ill. The seminar will also examine how we can rethink moral agency and other basic moral concepts to account for the moral engagement and challanges of persons with mental disorders. The law treats persons with mental illness inconsistently,--refusing to excuse them for their torts and criminality, save in a narrow set of exceptional circumstances. Who should we blame? What is an excuse? What special moral obligations, if any, pertain to the mentally ill, their families and caretakers? Should the mentally ill be liable for intentional torts or negligence? And what about ordinary and heinous crimes? What services will a just society offer persons affected by mental illness to enhance their moral agency?

Blasphemy Seminar (S)

3 sem. hrs.

BLASPHEMY IN AMERICA Professor Sarah Barringer Gordon This course is designed as a preliminary inquiry into the relationship of the state to dissident religious and anti-religious speech and activity from the colonial period to the present. The course will proceed chronologically from the early seventeenth century through the early twenty-first century. Subjects of inquiry range from witchcraft through civil rights, sedition to marriage. We will probe in some depth, and through a variety of media (including music and film, as well as written and spoken words), into changes and continuities over time in popular and legal conceptions of the most important values in American society, and whether those values can accommodate dissent. This course will take the import of words and other symbolic expression seriously, respecting the integrity of systems of belief while maintaining a high level of scholarly inquiry. The very nature of the subject matter, however, requires us to engage from time to time with material that may be offensive to students' religious beliefs. In addition, the connections of blasphemy to profanity and obscenity are persistent and undeniable, and students will encounter words and pictures that have been the subject of profound controversy. Requirements Attendance is required. The quality of the seminar depends on the creation and maintenance of a group discussion, in which all members participate. Class participation comprises 25% of the final grade. Attendance is not required at films shown outside class time, nor will absence from such films in any way affect the final grade. In addition to attending class, students are required to write a response to the readings each week. This response, which must be no longer than two double-spaced typed pages in length, is designed to elicit thoughtful reaction to the reading as a whole, or to an aspect of the reading that is important to the topic. A simple summary of the reading is not sufficient. For example, a precis of a witchcraft trial would not be an effective response, while an analysis of the role of possession and magic to the prosecution of witchcraft would be one of many possible responses that engage critically with the reading. Responses comprise 75% of the final grade. Responses are due at 5:00 p.m. the day before class, and should be sent in either Wordperfect or Word as attachments to an email message. Students may also choose to write a research paper, in place of the weekly responses. Students who elect to write a research paper must clear the topic with the professor no later than October 15. Once a student has chosen a topic s/he is excused from writing weekly responses, but must attend class and participate in discussion. For those writing research papers, class participation will comprise 25% of the final grade, and the paper 75%.

Business Acquisition Process

3 sem. hrs.

This course will focus on developing the lawyering skills required by an attorney advising a client who is selling or purchasing a closely held business. Individual drafting exercises, as well as client interview/strategy discussions and negotiations by student(s) acting as counsel to the buyer or seller, will be interspersed with periodic lectures on the business acquisition process and analysis of selected court opinions and publicly available documentation of actual acquisition transactions. A prerequisite is the course on Corporations (aka Business Associations).

Chapter 11: Corporate Reorganization

3 sem. hrs.

This course, taught by an experienced practioner, will focus on the practical and strategic applications of Chapter 11 of the Bankruptcy Code. It will examine applicable statutory and case law with particular emphasis on hypothetical considerations confronting debtors and creditors in a business reorganization so that students will appreciate the negotiation, litigation, and the transactional components of a Chapter 11 case. While some basic features of corporate finance will be covered, the course will not duplicate a course or seminar in corporate finance.

China and International Law Seminar (S)

3 sem. hrs.

During the last quarter-century, China has become a principal participant in the international legal order. The PRC’s entry into the WTO in 2001 was a major milestone in its long march to membership in almost all of the major international organizations. China has enacted and repeatedly amended elaborate legal frameworks for foreign investment and trade, acceded to (or promised to accede to) major international conventions, entered into myriad bilateral agreements, engaged in the legal and political debates over international human rights and the rule of law, negotiated and disputed with other states over several of the major contemporary cases of unsettled territory, and become (directly or through its instrumentalities) a frequent party to, or focus of scrutiny in, transnational litigation. This seminar examines contemporary China's approach to international law, focusing on how China has understood and addressed key principles and doctrines of international law, and on international legal disputes and actions that have been important for China (including Taiwan and Hong Kong). Specific topics to be covered include China’s approach to sources of international law, treaties, statehood and sovereignty, the relationship between domestic and international law, state jurisdiction, immunity and responsibility, international dispute resolution, the law of the sea, human rights, the use of force and international economic law. In each of these areas, the course addresses concrete contemporary controversies as well as broader patterns and underlying issues. Introductory sessions will focus on major themes in China's earlier approach to international law, including those that emerged during the Maoist/high socialist period, the 19th-century encounter with Western powers and their conception of international law, and traditional Chinese approaches to international law (during the late imperial period and in classical Chinese thought).

Chinese Law

3 sem. hrs.

For thirty years, Chinese laws and legal institutions have developed rapidly, if unevenly, amid—and in response to—China’s breathtaking economic transformation and integration the outside world, and the social and political challenges and consequences that “reform” and “opening” have produced. Some aspects of legal change in contemporary China are unprecedented while others perhaps echo influences from earlier periods, including the PRC’s first decades, the initial impact of the West, the broad sweep of Chinese tradition, and diverse Chinese challenges to that tradition. This course provides a brief overview of classical Chinese thought on law, governance and economic regulation, the legal norms and institutions of law and government during the late imperial period, and the influence of Western ideas and pressures and of Chinese reformers and revolutionaries during the late nineteenth and early twentieth centuries. Most of the course focuses on the PRC years, with primary emphasis on the contemporary “reform era.” For this period, the course addresses selected topics such as criminal law and other means of social control, the legal regulation and promotion of economic activity, law and government accountability, and legal aspects of regulating China’s external economic relations. Throughout, political, economic and social contexts are emphasized. The exam will be open-book, essay. It will be take-home with a lenght limit. Class participation, partly in the form of panels for specific weeks and topics, will count toward the final grade.

Christian Legal Theory Seminar (S)

3 sem. hrs.

This seminar explores the relationship between Christianity and American law, focusing principally on the perspectives of Catholic, Protestant and (to a lesser extent) Orthodox theologians and scholars on law and legal issues since the late nineteenth century, and on the political influence of Christian groups historically and in the present. At the outset of the semester, many of the readings will be drawn from the essays in The Teachings of Modern Christianity on Law, Politics, and Human Nature (Witte & Alexander, eds. 2005). We then will consider a variety of different topics, including Prohibition; gambling regulation; the Civil Rights era; the Moral Majority and the rise of the Religious Right; recent developments in Catholic Social Thought; and the debt relief movement. Guest speakers may be invited to join the seminar on occasion. Students will be required to write brief (less than 1 page) response papers for at least 9 of our classes. These papers will not be graded, but will be treated as part of the student’s class participation. Students will be required to write one long paper. The paper should be a maximum of twenty pages (double-spaced) in length (with references given in footnotes, not endnotes), and will be due at the end of the semester. Each student’s grade will be based on the paper and the student’s class participation.

Church and State

3 sem. hrs.

This course explores the tensions, common interests and political ramifications of religious faith and religious activity in an ostensibly secular society. The course will focus on constitutional issues, including the establishment and free exercises clauses of the federal constitution, and state and federal statutes such as the Religious Land Use and Institutionalized Persons Act. It will also address questions of broad social applicability, including but not limited to compulsory flag salutes, school prayer, religious accommodation for employees, polygamy and same-sex marriage, drugs, ritual slaughter of animals, and government funding of religious freedom in the United States, as well as the development of constitutional doctrine and caselaw. There will be an in-class, open book exam.

Civil Practice Clinic: Fieldwork

7 sem. hrs.

This clinical course examines first hand the challenging issues that confront lawyers who represent clients in civil disputes and litigation. Under close faculty supervision, students will serve as litigators in the Penn Legal Assistance Office, a teaching law firm providing legal representation to actual clients whose interests are directly at stake in state and federal court proceedings and in administrative agency hearings. Students will interview and counsel clients, develop case theories, negotiate with opposing parties, and provide legal representation in formal adjudicatory hearings under Pennsylvania's student practice rule. Students will be assigned their own individual cases in which they will have primary responsibility in a broad range of substantive areas, such as housing, social security disability, child custody and support, civil forfeiture, education, and discrimination and civil rights. The skills and experience obtained in this course will serve students throughout their professional careers, whether or not they choose to pursue litigation practice. In addition to their casework as lawyers, students will engage in classroom seminars twice weekly to obtain training in basic interactional skills (e.g., interviewing, counseling, negotiating) and to discuss in a collegial setting issues of case development, strategy and professional responsibility which arise in the Clinic's cases. Students will also participate in videotaped simulations utilizing trained actors as a means of enhancing skills development. Most important, each student will be assigned to an individual faculty supervisor with whom he/she will meet regularly on a one-to-one basis to receive close supervision and constructive feedback. Students will develop competence in basic lawyering skills as well as self-reflection, acquiring an ability to analyze what it is they do as lawyers and to learn from their own experiences. The Penn Legal Assistance Office is located in Silverman Hall which includes a court room, client interview and conference rooms, computerized student work and research areas and videotaping facilities. Fieldwork and classroom components of the course are graded separately. Class attendance is mandatory. N.B. You may not enroll in this course if: a) you are enrolled in the Criminal Defense Clinic, or an externship in the same semester; or b) you are responsible for 3 or more incomplete grades at the beginning of the semester. You must appear by the second meeting of the course. 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 Civil Practice Clinic toward their public service requirement will receive one less credit for this course.

Civil Procedure

4 sem. hrs.

This course is devoted to a consideration of the basic problems of civil procedure. Pleading, discovery, multi-party actions, trial practice, and judgments are considered in terms of function and technique. The course is also designed to introduce the student to underlying problems such as jurisdiction, the choice of law in the federal system, and the role of courts as lawmaking institutions.

Commercial Credit I

3 sem. hrs.

The course will provide an intensive examination of some of the practices and legal problems which arise in the extension of credit, particularly business credit. The principal focus of the course will be on Article 9 of the UCC, which deals with security interests in personal property. The course will also introduce basic practices and principles involved in the extension of both secured and unsecured credit. Attention will be given to problems of relating the UCC to underlying legal principles of general applicability and to other statutes, such as the Bankruptcy Code.

Commercial Credit II

3 sem. hrs.

This course will focus principally on bankruptcy, although we will also briefly consider state collection remedies and other nonbankruptcy issues that overlap with bankruptcy. We will consider all aspects of bankruptcy law, starting with commencement of the bankruptcy case; continuing through issues such as trustee avoidance powers and operating a business in bankruptcy; and concluding with liquidation, individual wage earner plans, and corporate reorganization. At various points, we will pay particular attention to recent legislative reform efforts. The course will consider both the theoretical debate as to the proper role of bankruptcy, and the doctrinal apparatus of the Bankruptcy Code. The class will be roughly 60% participatory, but will at times be Socratic (30%) or lecture (10%) in format. Class participation may be taken into account in grading. There will be an in-class exam.

Commercial Transactions: Domestic and International Sales

3 sem. hrs.

Transactions in goods are a fundamental part of the economy. This course examines legal problems that arise in the distribution of goods within the United States and in international trade. Particular attention is given to the seller's obligations as to quality and delivery; the buyer's obligations as to acceptance and payment; the remedies for breach; the rights of third parties; and problems incident to domestic and foreign documentary transactions. The course considers the legal responsibility of manufacturers to downstream buyers of their products. An objective of this course is to explore the roles of lawyers in planning transactions as well as in resolving contract disputes, through litigation and commercial arbitration. The course will focus on Articles 1, 2, and 7 of the Uniform Commercial Code and the Convention on International Contracts on Sales of Goods.

Common Law Contracts for Civil Lawyers

2 sem. hrs.

This course provides a summary of modern American contract law. The emphasis is on how the common law of contracts developed, and how common law principles have been modified by common law courts, by the Restatements of Contracts, and by the Uniform Commercial Code. An overview of such basic concepts as offer, acceptance, consideration, defenses to contract formation, and remedies will be presented. The course assumes some familiarity with U.S. civil procedure (federal and state ) It is designed to give practicing lawyers familiar with Code contract principles an idea of how the American common law has shaped and developed similar commercial concepts and principles. The emphasis is on practice rather than theory and is geared to the practitioner rather than the student. Course requirements - there will be one final examination and a group project.

Comparative Constitutional Law (S)

3 sem. hrs.

Course Description and Objectives Recent constitutional reconstructions in Iraq and Afghanistan have called new attention to the problems of institutional design of political systems. In this course we will examine the design and implementation of national constitutions. In particular, we will address the following questions. What are the basic elements of constitutions? How do these elements differ across time, across region, and across regime type? What is the process by which states draft and implement constitutions? What models, theories, and writings have influenced the framers of constitutions? In the first half of the course, we will review the historical roots of constitutions and investigate their provisions and formal characteristics. We will also discuss the circumstances surrounding the drafting of several exemplary or noteworthy constitutions, from all regions of the world. We will then examine particular features of institutional design in depth. These will include judicial review, presidentialism vs. parliamentarism, federalism, and the relationship of the national legal system to international law. Students will be expected to write a number of short papers in response to weekly readings and to prepare a final seminar paper on a topic relevant to the course, selected in conjunction with the instructor.

Comparative Law

3 sem. hrs.

Comparative Law: An Introduction to the Civil Law This course will provide a comprehensive introduction to the legal systems of continental Europe. This course is largely independent of Comparative Law: The Modern Civil Law, which was offered last year; students who took that course are welcome to take this one as well. Many of the characteristic features of the Civil Law -- the absence of a jury, the relative lack of reliance on judicial precedents, the civilian approach to civil and criminal procedure -- have their origin in ancient and medieval times. The course will therefore start with an introduction to Roman law, focusing on the procedures of adjudication, the substantive law regarding marriage, and the drafting of the Emperor Justinian's Corpus Juris - the most influential legal text in European history. We next turn to medieval Europe, and to the great struggles between the emperors and the popes about the ultimate source of legal authority. These struggles (which culminated in the murder of Thomas Becket in Canterbury Cathedral in 1170) introduced into Western Europe the idea of constitutionalism and of a "higher law" binding on the secular rulers - an idea that (as we shall see) had a curious and wayward history throughout the following centuries. We shall next examine the study and teaching of law in the medieval universities; the influence of the Italian and French Renaissance; and the reception of Roman law into Germany. The course will then consider the legal ramifications of the Reformation and the growth of the absolute monarchies of the seventeenth century; the legal implications of European colonialism; and the influence of the democratic revolutions of the eighteenth century. Finally, we will consider selected topics in the law of the three most influential modern systems (France, Germany, and Italy): for instance, the civil codes; the structure of the court system; constitutional and administrative law; criminal process; and social welfare law. The emphasis throughout the course will be on the ideas underlying legal change - that is, on the intellectual justifications the civil lawyers have provided for their approach to legal problems, and on the historical factors that have shaped the distinctive continental European approach to the law.

Comparative Legal Institutions

3 sem. hrs.

This course is designed to examine a range of legal institutions from a comparative and interdisciplinary perspective. It is not a traditional course in comparative law, in that it focuses not so much on particular rules of substantive law but on the structure of different legal systems and the consequences of those structural differences for law and society. Readings will be drawn from legal and social science literature, including works from anthropology, economics, political science and sociology. The course will explicitly cover non-Western legal traditions to an extent not found in conventional comparative law courses. Furthermore, American institutions are explicitly included in the comparison: this is not simply a course in foreign law. The course will conclude with reflections on what a comparative perspective tells us about American legal institutions.

Complex Litigation & Dispute Resolution Seminar (S)

3 sem. hrs.

This seminar will offer students the opportunity to engage the work of major national figures in the fields of complex litigation and dispute resolution. The seminar will be structured around presentations by scholars, judges and practitioners on topics that include class action litigation, mass harms, the use of empirical research in legal reform, and the roles of federal and state courts in civil dispute resolution. Students will write response papers on the work of the upcoming visitors, participate in discussions analyzing that work, and then lead the questioning when visitors make their presentations to the seminar. The list of visitors scheduled to participate includes Chief Judge Anthony Scirica of the United States Court of Appeals for the Third Circuit, Kenneth Feinberg of the federal 9/11 fund, leading scholars from NYU, Cornell, Stanford and Vanderbilt law schools, and several prominent attorneys in the field of complex litigation. Enrollment will be limited to 16 students.

Conflict of Laws

3 sem. hrs.

A study of the resolution of cases connected to more than one jurisdiction: when different jurisdictions (states or nations) have adopted different substantive rules of law, which should govern? Major topics will include the more significant historical approaches (vested rights and interest analysis); the Second Restatement; the role of the U.S. Constitution in interstate conflicts; international conflicts; and domestic relations.

Constitutional Criminal Procedure

3 sem. hrs.

This course will focus upon constitutional, statutory, case-law, policy, and ethical issues that arise during the investigation of a criminal case. Topics will include Fourth Amendment and other limitations on police searches, seizures, and surveillance; the scope of the exclusionary rule; the law of confessions, including Miranda v. Arizona and its progeny; lineups and other pre-trial identification procedures; the use of informants and secret agents; and the privilege against self-incrimination in the grand jury setting. This course is a renamed version of what has traditionally been called Constitutional Criminal Procedure, renamed to emphasize the variety of issues beyond constitutional ones that arise in a criminal case. Students may not take both that course and this one for credit. The instructor expects prompt and consistent class attendance and will allow adding and dropping through the second week of class but not thereafter, absent exceptional circumstances. Students may not use laptop computers in this class, except during exam review sessions. Students should focus on listening and responding to the professor and one another instead of trying to transcribe every word spoken in class.

Constitutional Jurisprudence Seminar (S)

3 sem. hrs.

This course engages foundational issues in jurisprudence and constitutional theory, including the nature of law, the authority of the Constitution's text, interpretive methods (e.g., originalism versus nonoriginalism), the countermajoritarian difficulty, and the role of nonjudicial actors in constitutional decisionmaking.

Constitutional Law

4 sem. hrs.

A study of basic issues of federal constitutional law. Major topics will be: the role of courts in the interpretation of enforcement of the U.S. Constitution; the scope of federal legislative powers under the Constitution; federalism limitations placed on the powers of state and local governments; individual civil, political, and human rights under the U.S. Constitution, with the primary emphasis on the Equal Protection and Due Process Clauses of the Fourteenth Amendment.

Constitutional Litigation

4 sem. hrs.

The United States Constitution purports to restrain the actions of state and federal governments. When these restraints are transgressed, the injured parties and their representatives look to the federal courts for remedies. This course considers the legal doctrines that shape the courts' readiness to provide those remedies and the ways in which doctrines are likely to manifest themselves in the course of litigation. Topics include: the availability of damage actions, sovereign and official immunities, jurisdictional problems, abstention, Younger v. Harris and its emanations, standing and issues of institutional litigation. The format is Socratic. Exam will be a takeaway open-book essay.

Constitutional Theorizing Seminar (S)

3 sem. hrs.

This seminar will evaluate major theoretical works about the constitution, its meaning and interpretation. We shall begin with several of the most important essays in the Federalist Papers, regarded by many as America's foremost contribution to political theory. Among the other theorists whose work will be considered are Ames, Hand, Ely Michelman, Ackerman, Sunstein, MacKinnon, Bork, Dworkin, and Scalia.

Constitutionalism in South Africa

1 sem. hrs.

The course will study, as context, the historical background to South Africa’s Constitution. It will engage in a brief excursion of the political system of apartheid and its impact on the legal system and jurisprudence of South Africa. In that regard, the role of civil society including the anti-apartheid movement in the struggle against apartheid will be examined. An overview of the impact of the multi-party political negotiations and the idea of a truth and reconciliation process will be given. The course will proceed to trace the development of the Constitution of South Africa from the conception of the interim constitution, the idea of the constitutional principles, to the process of the certification of the new Constitution and its operation. Focus will be placed on the following: 1. The hierarchy and jurisdiction of the courts in South Africa and the concept of judicial review. 2. The concept of the constitutional values and the social value system of UBUNTU. 3. The development of an equality jurisprudence, including the idea of affirmative action by the Constitutional Court through its law. 4. The concept of the protection of socio-economic rights in the Constitution, relative to pertinent international human rights instruments. 5. An analysis of the Constitutional Courts’ opinions interpreting the socio-economic rights provisions in the Constitution. The course will conclude with an overview of select academic writings on the impact of the Constitution on South Africa’s social transformation.

Consumer Law: From Fraud to the Fed

3 sem. hrs.

This course explores the dance between the law and sellers of consumer goods, services, and credit, against the background music of our cultural beliefs about consumers. Consumer law is an immense topic, including everything from products liability to investor protections. We will focus on those topics generally not covered in other courses: the move from common law fraud and contract claims to statutory unfair and deceptive trade practices and U.C.C. claims; the costs and benefits of disclosure as a form of regulation of credit card, home mortgage, and other consumer credit transactions; the tension between facilitating transactions and minimizing the risk of errors and abuses in our private credit reporting system; the successes and limits of legal prohibitions on discrimination in consumer transactions; and enforcement of consumer law in the age of arbitration. There will be an in-class exam.

Contemporary Issues in Law & Politics Seminar (S)

3 sem. hrs.

This seminar changes every year to cover cases and legal issues that occur during the term and throughout the previous two years. Topics to be covered this semester will include the terrorism cases, the torture memos, gay marriage, the right to die, affirmative action, sentencing guidelines, the death penalty, election law controversies, and other topics that come up during the term. Students are required to complete close to 250 pages of reading each week and participate actively in the seminar. The final paper will be approximately 40 pages in length and will concern a topic dealing with law and politics. Drafts of the final paper must be submitted throughout the semester and the paper will be due at the last class session.

Contract Drafting (S)

3 sem. hrs.

The aim of this course will be to teach students how to draft contracts that are clear and effective; participants can expect learn in one semester what a corporate associate might take several years to learn, if at all. The course will focus on two overarching topics: what to say in a contract, and how you should say it. In terms of contract language, much of our time will be devoted to having students put into practice the recommendations contained in Professor Adams’s ABA book “A Manual of Style for Contract Drafting.” In addition, we will examine the building blocks of a contract and the linkages between them; we will explore certain key contract concepts, such as “material adverse change” provisions and “best efforts” and its variants; and we will study the “boilerplate” provisions that are found in most contracts. We will also explore how contracts are drafted and negotiated. Throughout, we will consider the shortcomings of current drafting practices, in terms of both quality and process. There will be several written assignments, each requiring that students either draft a contract expressing the terms of a mock transaction or redraft a contract that is representative of mainstream practices but is nonetheless deficient. Students will be permitted to drop the course only after the first class. And anyone who wishes to add the class will be permitted to do so only if they attended the first class.

Contracts

4 sem. hrs.

A study of the legal protection accorded promissory arrangements. The course deals with the reconciliation of the competing values of private ordering through consent-based agreements and of public regulation of exchange transactions. Subject matter considered includes the interpretation of contract terms, the effect of changed or unforeseen circumstances on contract obligations, and the remedies which the law provides for breach of contract. Also included are limitations on contract enforcement because of unconscionability and bad faith. The course emphasizes both the contract in litigation and the influence of contract law on transactional planning. The Uniform Commercial Code is prominent in the legal sources studied.

Copyright

3 sem. hrs.

This course will focus on the protection of literary, musical and artistic works through copyright and related doctrines. Topics will include the concept and purposes of copyright (including a brief discussion of patents and trademarks), copyrightable subject matter, ownership of copyright, formalities, and rights, limitations, and remedies provided by copyright. There will be an in-class examination. Class participation will be taken into account in grading.

Copyright Theory Seminar (S)

3 sem. hrs.

This seminar will examine copyright law's theoretical foundations. Topics to be addressed include economic theories, Lockean theories, personality-based theories, democratic theories, and aesthetic theories of copyright. The historical backdrop of modern copyright law and the impact of constitutional law on copyright will also be explored.

Corporate Finance

3 sem. hrs.

This course presents an overview of the basic principles of corporate finance. Topics include securities valuation including the discounted cash flow analysis, pricing of bonds and common stocks; portfolio theory including the capital asset pricing model and precepts of market efficiency; and capital structure of firms, including the weighted average cost of capital and debt policy. This material is then combined in a section dealing with approaches to valuing entire companies. A final brief section introduces option theory. The course combines finance and legal perspectives for each topic. The primary reading is a standard MBA-level finance text. There will be a series of ungraded problem sets and a graded open-book final exam. This course or an equivalent course satisfies the requirements needed to register in upper-level MBA courses offered by the Wharton Finance Department. Prerequisite: A completed course in or current enrollment in Corporations. There will be an in-class exam.

Corporate Law Theory Seminar (S)

1.5 sem. hrs.

This seminar will examine a variety of cutting edge issues in corporate law with frequent guest lecturers. A basic course in corporations (at Penn or abroad) is a prerequisite. Attendance is required. Students will be expected to write weekly 3-5 page "reaction papers" in response to the assigned reading.

Corporate Lawyering

2 sem. hrs.

The nature and substantive aspects of the practice of law in a corporation or other business setting: the unique role of in-house counsel; the ethical considerations and professional responsibilities of the employee/attorney; the multi-faceted functions and responsibilities of in-house lawyering including fostering the corporate conscience, corporate compliance, educating the organization, implementing corporate governance procedures, interfacing with business operations, participating in governmental/public affairs and legislative activities, and selecting, utilizing, and supervising outside counsel. The course will feature the participation of leading corporate executives and outside practitioners.

Corporate Taxation

2 sem. hrs.

Tax issues relating to the formation, capitalization, operation, restructuring, liquidation, and reorganization of corporate entities form the core of this course. The course will examine the tax consequences of equity and debt to both the issuing corporation and the shareholder or holder of corporate debt instruments and will provide a brief introduction to certain hybrid financial products commonly issued or acquired by corporate entities. While the focus is on tax issues, the business reasons for engaging in various transactions will be an integral part of the course. This course is useful both to students considering tax practice and to students interested in general business practice. Federal Income Tax I is a prerequisite. The course will combine lecture and problem solving. There will be an in-class exam.

Corporations

4 sem. hrs.

This course will focus on the structure and characteristics of the modern business corporation, with particular attention given to problems relating to the large, publicly held company. Some emphasis will be given to federal securities laws and the impact of federal securities regulation on corporate governance. This course will be taught primarily in the Socratic fashion. The open-book exam will be a combination of essay, multiple-choice, and short-answer questions.

Criminal Defense Clinic

4 sem. hrs.

This clinical course will combine hands on trial experience with an educational component tailored to developing litigation skills. Students will try cases under the close supervision of a senior trial attorney from the Defender Association of Philadelphia. During the first four weeks there will be intensive classroom study where students will learn Pennsylvania Criminal Law, Procedure, Evidence, trial and cross examination skills. During this period students will also be assigned mock cases to prepare in addition to observing actual preliminary arraignments, preliminary hearings, and trials in municipal court. Students will then be assigned to represent defendants. Students will conduct misdemeanor trials and preliminary hearings for felony cases. Students will interview and counsel clients, develop case theories, negotiate with opposing parties, and prepare various pretrial motions. Students will be interacting with their clients, members of the judiciary, District Attorneys, witnesses and complainants. Successful participants will need to be able to persuasively articulate legal arguments, work with a wide variety of individuals and maintain their composure in difficult situations. It is the instructor’s expectation that each student will have the experience of representing clients on 5 to 7 different cases. In addition to the classroom educational component described above, students will be exposed to a variety of guest speakers who will examine some of the ethical and social issues raised in criminal defense, and particular issues involved in representing the indigent. This course will meet for 6-1/2 hours, over two days per week. There will be a mid-semester evaluation of the student's progress and weekly feedback of the student's in-court performance, which can be scheduled at the student's convenience. Clinical instruction will be conducted at the Law School, except when courtroom appearances are required. This course will be open to 2L's who have completed three semesters and have had Evidence. (Students who have not had three semesters will be ineligible for certification by the court to appear on behalf of clients.) Enrollment is limited to 8 students. Class attendance and courtroom appearances are mandatory. The drop/add period for this course ends at 4 p.m. on Friday, September 9, 2005. In addition to various handouts provided by the instructor, the required text is Crimes Code of Pennsylvania, Gould Publications. Students who elect to use their enrollment in the Criminal Defense Clinic toward heir public service requirement will receive three credits for this course.

Criminal Law

4 sem. hrs.

This course will examine the criminal law as a device for defining and controlling harmful behavior. Attention is given to the theoretical justifications for and the effectiveness of punishment, the foundations of culpability, the basic principles of criminal liability, and the definition of offenses and defenses.

Criminal Law Theory (S)

3 sem. hrs.

SEMINAR IN CRIMINAL LAW THEORY Spring '07 – Punishment Theory **please note that all students who wish to be in the seminar -- be they currently registered or on the Wait List (or just interested in the class) -- must attend the first seminar meeting. This Seminar examines issues of criminal law theory, as presented in a selection of readings from the scholarly literature. The specific criminal law theory topic of the Seminar is different each year, and is announced before the Seminar begins. This year's seminar will concern punishment theory. For the first half of the seminar, students will read materials from a book manuscript to be published by Oxford University Press, entitled Distributive Principles for Criminal Liability and Punishment. The book argues that the drafting of criminal codes and sentencing guidelines and the exercise of discretion by sentencing judges ought to be governed by an articulated coherent principle. It examines the alternative distributive principles that commonly have been considered and, ultimately, proposes a particular hybrid distributive principle. The table of contents for the manuscript is set out below. A more detailed table of contents is posted on the seminar's course portal. During the second half of the term, the seminar will discuss and critique the distributive principle proposed by each of the students. Each week, students will submit the day before the seminar a one page comment on the readings (be they manuscript excerpt or proposed student distributive principle) and will orally summarize their views at the seminar meeting. Sometime after the first half of the seminar, each student will prepare a non research "think piece" of less than 10 pages that gives his or her own view of the principle or principles by which criminal liability and punishment should be distributed, and will defend that view in the seminar. Table of Contents for Distributive Principles for Criminal Liability and Punishment Chapter 1. Distributing Criminal Liability and Punishment Chapter 2. The Need for an Articulated Distributive Principle Chapter 3. Does Criminal Law Deter? Chapter 4. Deterrence as a Distributive Principle Chapter 5. Rehabilitation Chapter 6. Incapacitation of the Dangerous Chapter 7. The Utility of Desert Chapter 8. Competing Conceptions of Desert: Vengeful, Deontological, and Empirical Chapter 9. Restorative Justice Chapter 10. The Strengths & Weaknesses of Alterative Distributive Principles Chapter 11. Hybrid Distributive Principles Chapter 12. A Proposed Hybrid Distributive Principle Dominated by Empirical Desert

Criminal Procedure: Investigation

Criminal Procedure: Prosecution and Adjudication

3 sem. hrs.

Traditional criminal procedure courses share two features: First, they treat criminal procedure as a subset of constitutional law. This means that they focus on doctrine and case law, in particular the decisions of the Supreme Court and how the Warren Court expanded defendants’ rights while the Burger and Rehnquist Courts have stayed or reversed this trend. Second, traditional courses focus on jury trials. This course will not be a traditional criminal procedure course. As a former federal prosecutor, my own view is that law schools focus too much on Supreme Court doctrine, ignoring variations among states and how police, prosecutors, and judges implement these rules in the real world. I also think that we should move beyond our obsession with jury trials, which today account for only 4-5% of felony adjudications. The real action today is in charging, plea bargaining, and sentencing, and this course will pay much more attention to these topics.This course will not overlap with Constitutional Criminal Procedure (now called Criminal Procedure: Investigation), which covers searches and seizures, Miranda warnings, etc., so those who have taken that course should feel free to take this one as well (and that class is NOT a prerequisite for this one). This course will, however, overlap with the Advanced Criminal Procedure course, so students may not take both. This lecture course will survey post-arrest criminal procedure. Topics will include the right to counsel, bail, charging, double jeopardy, joinder, discovery,guilty pleas, sentencing, and appeals. Time permitting, there will also be selective coverage of forfeiture, jury trials, and habeas corpus / collateral review. The final exam will be open-book and take-home, with two essay questions. For each question, students will receive documents such as a police report, an indictment, and a guilty plea or sentencing transcript and will have to write an appellate brief or a habeas petition / opposition challenging or defending a conviction. The textbook for this course will be the same one (Miller & Wright) used in the Criminal Procedure: Investigation class. The instructor expects prompt and consistent class attendance and will allow students to drop or add the class in the first two weeks but not thereafter, absent exceptional circumstances. The instructor is seriously considering conducting an oral midterm examination and will discuss details at the start of the semester. Students may not use laptop computers in this class, except during exam review sessions. Students should focus on listening and responding to the professor and one another instead of trying to transcribe every word spoken in class.

Current Issues in Corporate Law and Governance Seminar (S)

3 sem. hrs.

This seminar will consider current issues and academic thinking on corporate law and governance. Topics will include state competition in corporate law, the corporate governance role of institutional investors and hedge funds, the regulation of gatekeepers, the impact of the Sarbanes-Oxley Act, the desirability of increasing shareholder power, and the regulation of controlling shareholders. Students will be asked to submit brief memos on the assigned readings. Prerequisites: corporations.

Cybercrime Seminar (S)

3 sem. hrs.

This course will explore the legal issues that judges, legislators, and lawyers confront as they respond to the increase in Internet and computer-related crime. We will explore how crimes in cyberspace challenge traditional concepts of crime that developed to deal with crimes committed in physical space. We will also explore how the investigation and prosecution of crime in cyberspace are altered from the physical world models. Topics will include: an exploration whether paradigms of the physical world translate to the cyber world; computer hacking and computer viruses; child exploitation; on-line threats and on-line stalking; online economic espionage and intellectual property theft; the interaction of the laws of privacy (constitutional and other) and law enforcement efforts to gather evidence from computers and on the Internet; issues of federalism and national sovereignty in computer crime; and cyber terrorism. An introductory course in American criminal law is required, but previous experience in computer technology is not. A basic familiarity with the Internet will be helpful. (This is a criminal law course, not a technology course). The seminar will examine how the criminal justice system should respond to computer-related crime. We will consider four broad questions. First, what conduct should be considered criminal in cyberspace? Second, how do we protect privacy on the Internet and what rules should govern law enforcement investigations of computer crime? Third, how should traditional notions of sovereignty that govern criminal law in the physical world apply in cyberspace? Finally, what are the risks of warfare and intelligence gathering in cyberspace? After the first, introductory class, we will spend approximately five classes each on the first and second questions and one class each on the third and fourth. I expect to have a federal law enforcement agent as a guest lecturer. In addition to the textbook, we will use materials from actual cases. Students will be required to write two papers of approximately 1,500 words each. For third year students, this requirement can be converted into a single paper to fulfill the senior writing requirement. Papers are to be on the issues discussed in class, or, with the approval of the instructor, on another appropriate topic.

Cybercrime Seminar (S)

Deals: Economic Structure of Transactions & Contracting

3 sem. hrs.

This course focuses on the role of professionals, including lawyers and investment bankers, in creating value through transaction engineering. The overall goal of the course is to explain how private parties actually order their commercial interactions and to develop a theory of how they ought to do this. The first half of the course will be devoted to impediments to transacting, including asymmetric information, difficulties intrinsic to contracting over time, enforceability, and various forms of strategic behavior, and to a variety of possible responses rooted in decision theory, option theory, risk management, and incentive alignment. In the second half of the course, student teams will apply the tools developed in the first half to a series of real transactions. That part of the course will be described in more detail in a separate memo to be circulated once the roster of deals is fixed. The requirements for the class are regular attendance and active participation in class discussions, completion of assigned homeworks, a short paper applying the principles covered in the class to a transaction, and a group project. For the group project, students will be divided into teams of roughly 8 to 10. Each team will be assigned to a transaction and given access to the original documents for their deal. The student teams will present their transaction to the class, focusing on how the transaction was structured and the advantages and disadvantages of that structure. After the students make their presentation, one or more of the parties who worked on the transaction will present the deal and take questions from the class. Each student team will then draft a final paper on its transaction. The only prerequisite for the course is that students have taken or currently be taking corporations. Although not required, because the course draws heavily on concepts from economics and finance, most students find it helpful to have taken at some point in their educations courses in microeconomics and finance. This course meets jointly with the mBA level course offered through the Wharton Management Department. Enrollment will be restricted this year to 25 upper class Law students and 25 graduate Wharton students. In the event that the course is oversubscribed, Law students will be admitted from the waiting list only if other students drop the course. Priority for admission in these circumstances will go to students who have attended the class from the beginning.

Death Penalty and Habeas Corpus

2 sem. hrs.

The course explores the theoretical bases and practical realities of death penalty law, and the interplay between substantive and procedural law both at the state and federal levels in the context of actual practice. The first half of the class deals generally with substantive death penalty issues, commencing with the Supreme Court's decision in Furman v. Georgia. We look at the limits imposed on the states by the Supreme Court in order to have a constitutionally viable death penalty. What are the minimum protections that a state death penalty statute must provide? What trial procedures must be in place? The second half of the course explores how these issues interplay with federal habeas corpus, particularly since the enactment of the AntiTerrorism and Effective Death Penalty Act (AEDPA) in 1996.

Debt & Democracy: Selected Topics in Bankruptcy & Con Law (S)

3 sem. hrs.

This course considers constitutional issues presented by our bankruptcy system. Bankruptcy is among the most political – or politicized -- of the business law subjects. It is the place where many of our most difficult social problems – from individual poverty, to corporate mass torts, to securities fraud – come to rest. We have developed over the years a number of good theories of the political economy of bankruptcy, including in particular institutional and socioeconomic explanations for how the U.S. produced what is by many accounts a unique (and perhaps uniquely controversial) bankruptcy system. Oddly, there are few accounts of the constitutional framework on which this political debate rests. This course is a first step toward filling that gap. We will consider, among other things, the “peculiar” language of the Constitution’s grant of bankruptcy power (Art. I, § 8, cl. 4), how the bankruptcy system does (and should) treat constitutionally special actors (e.g., states, the religious, the media and the political), and the proper limits of the the bankruptcy system’s power. Prerequisites: It would be useful, but is not necessary, that you have taken, or are taking, a bankruptcy or related (e.g., commercial) course. Because this is a seminar, we will spend more time considering theory and policy than the nuts and bolts of the Bankruptcy Code. Your Work: This course seeks to replicate a fairly traditional scholarly experience. There will be four components to your grade: (1) You are expected to be prepared for, attend, and engage in active discussion in all of our sessions; (2) You will write an original, well-researched paper (10,000 – 12,000 words) on a topic to be approved by me (I will provide a list of suggestions); (3) You will present, defend and discuss your paper in class in a one-hour session akin to an academic paper presentation; and (4) You will be responsible for acting as lead discussant for the paper of one of your classmates. You will after presentation have the opportunity to revise your paper, if you wish. Succesful completion of the paper will satisfy the Law Schools "significant paper" writing requirement. Structure: The first nine or ten sessions of this course will cover various substantive aspects of the basic question presented. You will then have a break to prepare your papers. The last two or three sessions will be devoted to paper presentations.

Dispute Settlement in the WTO

1 sem. hrs.

This course analyzes how WTO member countries use the WTO multilateral system of settling trade disputes. A WTO member can bring its complaint to the WTO when another member adopts a trade policy measure that the complaining member considers to be in violation of the WTO agreements or to impair its WTO benefits. We first address some procedural issues in the WTO dispute settlement in its adjudication and implementation modes. Next we look at several cases to examine how the disputes were actually resolved at the WTO. The cases studied are related to the General Agreement on Tariffs and Trade (GATT) with its market access principles and exceptions for foreign products, and to the Sanitary and Phytosanitary Measures Agreement (SPS) that deals with food safety and animal and plant health standards. The purpose of this course is to familiarize students with the unique WTO mechanism that underscores the rule of law for the solution of trade disputes among the member countries.

Distributive Justice & Private Law (S)

3 sem. hrs.

In this seminar, we will explore the claims of distributive justice on private law. We will begin with the literature on the appropriate aims of private law, and whether a system of private law embodies aims separate from those that motivate public law. We will then consider a range of views as to how distributive justice fits into (or fails to secure a place among) those legitimate aims. We will take into account both the common law (tort and contract) and statutory regimes that modify it. Finally, we will turn to competing descriptive accounts of the impact of distributive politics on the development of private law. A paper is required and will be due on the last day of class; students will present their developing papers to the class in the last weeks of the course. The paper may deal with the broad theoretical issues raised by the class, or it may focus on a particular area of law and make a normative or descriptive argument about the significance of distributive justice or distributive politics in that area.

Documentaries & the Law

3 sem. hrs.

This seminar will explore the law as it is reflected in documentary film and as it impacts documentary filmmaking. The course will begin with an overview of the history of documentary film and the various modes of filmmaking, including cinéma vérité or direct cinema. It will expose the students to the actual mechanics of nonfiction film production, and investigate the challenges of representing documentary filmmakers, particularly with regard to achieving access to legal institutions and obtaining the consent of subjects. A unit also will be devoted to lawyers' and clients' legal advocacy on film, including Day-in-the Life films, video settlement brochures, taped confessions, taped victim statements, and multimedia closing arguments. The rest of the course will analyze how law is presented and critiqued in various documentaries. Nanook of the North, Chronicle of a Summer, Titicut Follies, The Thin Blue Line, Super Size Me, Triumph of the Will, Love & Diane, Home, and Weather Underground will be among the films screened. By the end of the semester, the students should be able to articulate a concept of video literacy for lawyers. Guest lecturers will include documentary filmmakers, academics, and entertainment lawyers. The weekly screenings are mandatory. Film work may be submitted in lieu of a paper.

Education Law & Policy Seminar (S)

3 sem. hrs.

This seminar will examine federal and state cases, statutes, regulations, and policies that affect students, teachers, and school administrators. The topics that will be covered include religion in the schools, special education and disability issues, student and teacher speech, bilingual education, and discrimination based on gender and race. There will be a special emphasis on students’ rights and on administrative practice in education, as well as the use of alternatives to litigation, including negotiation and mediation, to resolve the emotionally and financially costly disputes that arise in this practice area.

Employee Benefits

2 sem. hrs.

This course covers the labor-law and tax aspects of laws governing employee benefit plans. The course will include an analysis of the Internal Revenue Code ("IRC"), Employee Retirement Income Security Act (ERISA), the Age Discrimination in Employment Act ("ADEA"), Title VII of the Civil Rights Act ("Title VII"), the Americans with Disabilities Act ("ADA") and the Labor Management Relations Act ("LMRA") as they relate to employee benefit plans. The IRC requirements relating to retirement type plans (i.e., pension, profit sharing and stock bonus plans) will be covered generally. In addition, benefits frequently included as part of an employer's benefits package will be discussed.

Employment Discrimination

3 sem. hrs.

This course will introduce the basic theories and legal principles underlying equal employment opportunity law in the United States. The course will focus on Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans With Disabilities Act: the fundamental federal statutes prohibiting employment discrimination based on race, gender, religion, age and disability. The course begins with an overview of the primary structures of proof in employment discrimination cases--individual disparate treatment, systemic disparate treatment, and disparate impact. We then consider in greater depth specific topics including sexual harassment, gender identity and sexual orientation discrimination, retaliation, pregnancy discrimination, religious discrimination, resaonable accommodation requirements, and affirmative action.

Employment Law

3 sem. hrs.

This course will introduce the basic legal principles and social policies underlying one of the liveliest subjects in any attorney’s civil practice: the law governing the relationship between employers and employees in the non-unionized workplace, where nine out of every ten American workers are employed. The course will examine the statutory and decisional law of employee selection, compensation and benefits, employment security, workplace safety and health, and the termination of employment. It will dedicate time to emerging issues in employment law, including workplace privacy issues, the use of surveillance in the workplace, "golden parachutes" and covenants not to compete, pre-employment background investigations, and genetic testing. Although employment discrimination law will not be covered in depth, one or two classes will be devoted to the various causes of action for employment discrimination. Class will be primarily Socratic, with a lecture component. Students will be asked to complete one short mid-term paper and a take-home final examination.

Entrepreneurship Legal Clinic

5 sem. hrs.

This clinical course allows students to immerse themselves in the issues that face transactional lawyers through experiential learning. Students will meet weekly in seminars that introduce them to concepts necessary to be an effective business lawyer including business strategy and financial literacy. Live-client representation of entrepreneurs engaged in start-up ventures, nonprofit organizations, and ongoing business operations will give students the opportunity to bridge the gap between legal theory and law practice. Students will develop skills such as interviewing, counseling, negotiating, drafting, researching, and case management. Students are assigned to clients either individually or as team members. In addition to the seminars where actual client cases will be discussed, students will also meet individually with a faculty supervisor throughout the semester for specifically directed guidance and reflection regarding their client work. Some examples of the type of legal work that students engage in are: • strategizing with clients on the optimal structure for a venture; • choosing the appropriate form of business entity; • negotiating agreements for clients; • drafting and reviewing bylaws, operating agreements, partnership agreements, shareholder agreements, employment agreements, service agreements, consulting agreements, leases, and sales contracts; • researching laws and regulations that govern particular types of businesses and advising clients on compliance issues; and • counseling on intellectual property concerns, including trademark and copyright protection. Additionally, students may present lectures on various legal issues in workshops held by various outside organizations for local entrepreneurs. The Clinic limits enrollment. Corporations is a prerequisite. 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. To successfully enroll in this course and avoid being replaced by a student on the wait list, you must appear by the second class session. (See General Enrollment Procedures for Clinics available on the Registrar's Clinic Course Description page). 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.

Environmental Justice Theory and Practice Seminar (S)

2 sem. hrs.

The environmental justice movement developed in the late 1980s in response to findings that people of color suffer a disproportionate burden of environmental contaminants. This seminar will critically explore theories and practices challenging “environmental injustice.” Focusing primarily on the United States, we will examine the interplay of race and class in land use and environmental decision-making in the 20th and 21st centuries and the array of legal and non-legal challenges to government and industry practices. The reading for this course will be drawn from legal and non-legal sources, and will include personal accounts from members of communities engaged in environmental justice disputes. We will also invite outside speakers from a range of perspectives. Students will be expected to elect either to write weekly response papers or a final seminar paper on a topic relevant to the course. Classroom participation will comprise 25% of the final grade.

Environmental Law

3 sem. hrs.

This course focuses on both the substance and process of environmental law in the United States. The goal is for students to become familiar with the basic structure of federal environmental law and regulation, both to prepare for legal counseling and advocacy as well as to be able to engage in policy evaluation and design of environmental law. The course will cover key federal environmental statutes, such as the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Superfund, and the Emergency Planning and Community Right to Know Act, as well as selected EPA regulations. The course will focus on the major legal and policy issues underlying environmental statutes, as well as on legal methods of statutory interpretation. Classroom attendance and preparation is expected. There will be an in-class exam.

Environmental Lawyering

2 sem. hrs.

This course offers a unique perspective on the day-to-day issues facing a practicing environmental lawyer. Using "real world" case studies and simulations throughout the semester, students will be asked to role-play as environmental attorneys in (1) acquiring an ongoing business with potential environmental concerns; (2) negotiating the contractual terms of the acquisition; (3) selecting a consulting engineer to perform the environmental due diligence as part of the acquisition; (4) deciding, how to report non-compliance to a regulatory agency; (5) defending citizens' suits; (6) litigating a toxic tort matter; and (7) wrestling with ethical issues relating to the above representation.

Estate & Gift Taxation

3 sem. hrs.

A detailed study of law and policy of federal estate and gift taxation. Important current estate planning issues and techniques will also be examined. The class format will be essentially socratic coupled with lectures when time demands.

European Union Law

3 sem. hrs.

This course will focus on the basic institutions and policies, the governmental and legal process of the European Union and its evolution. Emphasis will be given to the phenomena of European "federalism," that is to the "constitutional," aspects of rule making and judicial functions as well as to conflicts between community law and national law. A second focus will be economic regulation: the implementation of the basic freedoms, antitrust provisions and enforcement, the harmonization of corporate law and securities regulation and some aspects of monetary policies. The course should provide some comparative law experience by tracing specific European legal traditions in the development of EC law.

Evidence

4 sem. hrs.

A study of the common law and federal rules of proof, taught by a practicing trial lawyer. The scope and function of the rules are analyzed against the background of problems arising during the trial of an issue of fact, and the rules are evaluated on the basis of their logical consistency and their tendency to promote or impede a rational method of investigation. The format will combine lectures organizing the materials, Socratic questioning on the readings, and class discussions about policy issues. A particular emphasis will be the importance of thinking strategically about how to apply the rules in pre-trial preparation, and during trial itself. The exam will be entirely closed-book with a mostly black-letter, multiple-choice section and a less structured policy-oriented essay.

FDA Law (S)

3 sem. hrs.

This seminar will explore a variety of topics related to the federal Food and Drug Administration and its oversight of therapeutic products in the United States. The primary focus will be on the FDA’s regulation of drugs and medical devices. We will discuss the history and basic approval authority of the FDA, along with specific focus on a number of emerging developments, as well as the complementary (or conflicting) role that tort litigation plays in promoting drug and device safety. I intend the course to be interactive and discussion-based, and expect all students in the course to take an active role in our critique and analysis of various FDA policies and issues throughout the semester. This will apply both to the first half of the semester, when I will lead a discussion each week of a different set of FDA-related issues, and to the second half of the course, when individual students will present their work in progress followed by a responsive discussion. Grading will be based primarily on a research project on a topic of your choosing. This paper may satisfy the third-year writing requirement. Each student will circulate a working draft, and make an oral presentation of his or her presentation, during the last six weeks of the semester. A smaller fraction of the grade will be based on class participation throughout the semester.

Family Law

3 sem. hrs.

This survey course provides an introduction to the legal regulation of the family. Topics include restrictions on marriage; rights and obligations imposed on married couples; legal problems facing same-sex couples and nontraditional families; premarital and separation agreements; the legal construction of parenthood; the legal ramifications of alternative reproductive technologies; and the various incidents of divorce, including property distribution, spousal support, custody, and child support.

Fed'l Sept 11 Vicitm Comp Fund: Alt to Torts System (S)

1 sem. hrs.

This intensive one credit course, taught by the Special Master of the Fund appointed by the Attorney General of the United States, will focus on the unique features of the Federal 9/11 Compensation Fund enacted by Congress just 11 days after the terrorist attacks. The course will focus upon the design, implementation, and administration of the Fund, and will also analyze similarities and differences with the traditional tort litigation system.

Federal Courts

4 sem. hrs.

This course examines the functions, powers and responsibilities of the federal courts, and considers their relationships with state governments and with the executive and legislative branches of the federal government. Topics covered will include justiciability; congressional authority over, and statutory and judge-made limits on, federal jurisdiction; Supreme Court review of state court judgments; federal common law; advanced topics in federal question jurisdiction; suits challenging state and federal government action, and immunities asserted in such suits; and federal habeas corpus. There will be an in-class, open-book essay exam.

Federal Crimes Seminar (S)

3 sem. hrs.

The Federal Government plays an increasingly significant role in the prosecution of crime in the United States and the Federal Courts have become the forum for most of the Nation's more complicated and far-reaching prosecutions. This course will consider the trends of federalization and criminalization and will analyze the most widely used federal criminal statutes. Topics will include the prosecution of white collar crime such as financial fraud and embezzlement, securities offenses, obstruction of justice, money laundering, and the mail and wire fraud statutes. The course will also explore the implications of the federal emphasis on culpability for jointly undertaken activity including RICO, conspiracy, corporate and entity liability, and accomplice liability. Plea bargaining, defendant cooperation, and the United States Sentencing Guidelines will also be considered. The grade component will be 75-80% paper and 20-25% class participation. 1st year criminal law or permission of the instructor is required.

Federal Income Tax

4 sem. hrs.

This course presents an introduction to the basic principles of the federal income tax. The course is designed both to educate the generalist in the fundamentals of taxation and to provide a foundation for those students who wish to take advanced tax courses. This course is a prerequisite for Corporate Taxation and most other advanced tax courses. The course will use lecture and Socratic formats. Class participation may be taken into account in grading.

Federal Indian Law

3 sem. hrs.

This course will explore selected theoretical and doctrinal aspects of the field known as federal Indian law. We will study the historical, conceptual and legal roots of tribal sovereignty; the development of federal doctrines concerning the powers of tribal governments; and the current state of federal law concerning tribal legislative, executive and judicial authority. Attention will be given to the division of authority among tribal, federal, and state governments, as well as to questions concerning possible tensions between governmental powers and individual rights. We will consider a number of current issues, which may include land claims; gaming; family law; economic development; religious and cultural rights; and natural resources. The course is open both to Penn Law students and to students enrolled in other Schools at Penn.

Feminist Legal Theory Seminar (S)

3 sem. hrs.

This seminar uses gender as a lens to interpret the law and the experiences that women and men of all colors have with the law. We will begin by examining the theoretical presumptions and organizing principles of traditional feminist critiques of the law. Then, through examination of a variety of topics that have been of particular interest to feminist legal scholars, we will examine and critique the assumptions of feminist legal theory. Specifically, we will discuss legal aspects of work, motherhood, family life, sexual harassment, domestic violence, sexual intimacy, rape, pregnancy, abortion, race, ethnicity, wealth, poverty and sexual orientation. Throughout the course, our examination is grounded by inquiring to what extent feminism and theories of gender, when applied to the law, accurately have met the needs of women and men of all colors. The course concludes with a study of the most recent contributions to feminist legal scholarship and the emergence of a “third wave” feminist jurisprudence. Grades will be determined on the basis of class participation (20%) and a single final paper (80%). There is no examination. Students also are required to prepare an ungraded bibliography, outline and draft of their final papers. This class may be used to satisfy the senior research and writing requirement. In addition to the required text books, some required course readings will be posted electronically to the Course Portal. The same readings will be available in hard copy from the Copy Center.

Financial Accounting

3 sem. hrs.

The objective of the course is for the student to learn to read, understand, and analyze financial statements. The course adopts a decision-maker perspective of accounting by emphasizing the relation between the accounting data and the underlying economic events that generated them. The course focuses initially on how to record economic events in the accounting records (bookkeeping and accrual accounting) and how to prepare and interpret the primary financial statements that summarize a firm's economic transactions (the balance sheet, the income statement, and the statement of cash flows). The course then examines in depth the major asset, long-term liability, and shareholders' equity accounts.

First Amendment

4 sem. hrs.

This course will provide a comprehensive overview of the First Amendment. Its primary focus will be the magisterial topic of freedom of speech in the modern American tradition. We will examine the country’s history of restricting politically and socially unpopular speech, the mid-century revolution that found the Supreme Court of the United States embracing a newly active role in prohibiting such restrictions, and the accommodations that the Court has settled upon in permitting government to place some limitations on speech in service of important public purposes. Throughout the course, we will examine different theoretical perspectives on free speech values and address pressing contemporary issues, including government claims of national security, the rights of students, associational rights in private and public life, hate speech regulation, and campaign finance reform. We will also devote a substantial unit to the Religion Clauses, examining the principle of religious free exercise and the separation of church and state in America today.

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 threatens to transform others. This seminar will examine the development of the federal doctrines protecting freedom of expression, and the ways in which these doctrines are likely to occupy the courts in the next decade. Discussion will 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.

Foundations of the United States Legal System

3 sem. hrs.

This course aims to provide for the entering LL.M. class an intensive introduction to the American legal system. Topics covered include American legal history, the Constitution, basic civil procedure, the law of torts, and an introduction to legal theory.

Free Speech--First Amendment

3 sem. hrs.

This course will acquaint students with speech and religion clauses of the First Amendment. We will cover freedom of speech, freedom of the press, freedom of association, free exercise of religion and the Establishment Clause.

Freedom & Responsibility Seminar (S)

3 sem. hrs.

The topic in Spring '08 will be the limits of criminalization as social and legal policy with special attention to policies concerning licit and illicit substances. Attendance, preparation and consistent participation are required. A paper limited to 15 pages on any related topic the student chooses is required. A longer paper can also satisfy the senior writing requirement.

Great Thinkers & the Law

3 sem. hrs.

GREAT THINKERS AND THE LAW is designed to give students an overview of the role that law has played in the intellectual life of great thinkers over time. There are two tracks in this course: the Fall portion of the course involves regular class meetings twice each week, and culminates in an exam. In the yearlong section, students take the Fall course and exam, and then continue on through the Spring semester in a modified seminar format, producing a research paper (eligible for Senior Writing). The Fall section is open enrollment through the usual registration process. Enrollment to the Yearlong section requires advance permission of the professor (details below). In the fall portion of the course, we will look at writings on law by philosophers, economists, historians and other intellectuals, beginning with antiquity through to the present day. Many of the writers we will survey, such as Plato, Hobbes, Locke, Marx, and Adam Smith, are not particularly legal scholars, but their writings on law will be of particular interest in view of the role they assign to the law in the overall scheme of their thought. The course aims to give students a broader view of legal theory as an academic discipline, and to situate law relative to other disciplines, such as political science, philosophy, economics, the social sciences, and literature. During the spring portion of the course, the focus will be on directed writing and research based on work we've done in the fall. We will meet as a group for the sole purpose of presenting student work and giving feedback to one another about drafts as they progress. Each student will meet regularly with the professor to discuss drafts and receive feedback. Students interested in the Yearlong course should email Prof. Finkelstein (cfinkels@law.upenn.edu) by August 1, with a statement of the reason they are interested in the course and any background that may prepare them to write a full-length term paper of a theoretical nature. Prof Finkelstein will review the requests, and the students will be notified of their enrollment by the beginning of school.

Health Law and Policy (S)

3 sem. hrs.

This seminar will examine recent debates in health law and policy through discussion of current events, proposed legislation, and scholarly articles in the legal, medical, and public policy literatures. Weekly topics may vary depending on student interest, but will likely include malpractice liability reform, obesity, health disparities, direct-to-consumer pharmaceutical advertising, and other issues related to health care access, quality, and financing. Requirements include a presentation/discussion of one health law-related current event, a research paper of at least 20 pages on any approved health law-related topic, and an oral presentation of the research paper. Evaluation will be based on the paper and class participation.

Health Law and Policy Seminar (S)

Health Law, Economics and Policy Seminar (S)

3 sem. hrs.

This seminar will proceed in two parts. In the first half of the semester we will discuss the tools of microeconomics and statistical analysis as they apply to questions of health law and policy, including the general topics of insurance markets (both private and public), healthcare financing, medical malpractice and medical errors, and the labor market for healthcare professionals. During the second half of the semester, we will examine the recent empirical literature on a host of topics within health law and policy. Grades will be determined by a semester paper.

Human Rights & National Security

3 sem. hrs.

The images and implications of September 11th, Abu Ghraib, and Guantanamo Bay are imprinted in our collective memory. These events and their responses raise critical tensions in both law and policy between the protection of national security and respect for international human rights. In the face of serious threats to national security, to what degree do human rights protections still matter? When (if ever) does a state’s legitimate need to protect its national security trump its international human rights obligations? From a legal and policy perspective, this course examines interface between human rights and national security. The course begins with an introduction to international human rights law, with a focus on obligations to protect human rights in light of new security threats. From a legal perspective, topics include the scope and extent of a state’s human rights obligations, institutions to enforce human rights violations, and the extraterritorial application of human rights law. From a policy perspective, we will ask questions as to the relevance of human rights obligations and how they impact policy-making in the national security realm. The course then turns to issues of national security, examining the place of human rights in the development of US national security strategy and that of certain other countries. We will consider legal questions including the extent of presidential powers in war time, the protection of classified information, the applicability of international humanitarian law to US military operations, and the international law governing the use of force in the protection of human rights. The tensions between human rights and national security will be analyzed through detailed case studies including the use of torture and coercive interrogation techniques, the internment of prisoners captured on the battlefield, and the use of military force to protect human rights through humanitarian interventions. The course concludes with a normative consideration of the appropriate place for human rights in the national security strategy of the United States and examines possible ways of reconciling the tensions between the promotion of human rights and protection of national security. While the focus of the course is on human rights and national security in the law and policy of the United States of America, we will draw on the law and practice of a number of countries and courts, including the United Kingdom, Canada, South Africa, Israel, Germany, the International Court of Justice, the European Court of Human Rights, and the Inter-American Court of Human Rights. There are no prerequisites for this course nor is any particular background expected. Cross-registrations are encouraged. Active class participation is expected. Students will be required to write two short papers (5 pages, double spaced) during the semester. In addition, there will be a short, take-home final examination during exam period.

Image of God in Jewish Law Seminar (S)

3 sem. hrs.

The seminar will survey and analyze the meaning of the idea of Imago Dei (Man created in the image of God) in a variety of Jewish sources, Including: biblical literature; Jewish literature of late antiquity, especially early Rabbinic literature (in both halakhah and aggadah); and in medieval Jewish philosophy and law, especially the writings of Maimonides (Rambam) . The c