ALPHABETICAL COURSE DESCRIPTIONS

(S) = Seminar

1L Legal Writing Instructor: Yearlong

sem. hrs.

Legal Writing Instructors and Fellows only.

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 60% lectures, 40% Socratic. The takeaway exam will be a combination of all or some 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. This is a 1L elective course and 1Ls will receive priority in enrollment.

Advanced Contracts

3 sem. hrs.

This course continues the study of basic contract law and theory beyond doctrines covered in first-semester contracts. The course objective is to give students in-depth mastery of a limited set of selected doctrines crucial to a contracts practice, rather than more superficial coverage of a wider array of doctrines. The course is based on the premise that competency in a contracts practice requires a sophisticated understanding of the real-world context in which commercial transactions take place. Contract doctrine cannot be properly understood, applied or deployed by practitioners or judges without understanding the role of formal and informal norms in commercial settings, and how contract law affects the parties’ ability to structure their interactions. Some first-semester material will be reviewed and developed further to ensure all students have a common background in contract law and theory regardless of the content and approach taken in their first-year contracts course. Particular attention will be paid to selected doctrines regulating the bargaining process (e.g., duress and fraud), identifying and interpreting the terms of agreement (e.g., the parol evidence and plain meaning rules), defining the terms of performance (e.g., implied and express conditions), mistake and excuse (e.g., unilateral and mutual mistake, impossibility and commercial impracticability, frustration of purpose), conduct constituting breach (e.g., anticipatory repudiation, the right to adequate assurances), and remedies (e.g., foreseeability, mitigation, liquidated damages, sales of goods remedies). Although considerable emphasis will be placed on doctrines in both the common law and Uniform Commercial Code, this course is not intended as a substitute for a course on the sale of goods (Article 2 of the U.C.C.). Exam option only.

Advanced Issues in Antitrust Law (S)

3 sem. hrs.

Too Big to Fail? Antitrust Law's Efforts to Rein In the Large Corporation The seminar is not a course relating directly to the recent economic crisis and the financial institutions involved. Rather, though inspired by the question raised regarding too big to fail, the seminar will read the classic antitrust decisions beginning at the turn of the 19th Century through the more recent Microsoft cases dealing with efforts to rein in and control very large corporations, primarily under Section Two of the Sherman Act. The seminar will try to discern the goals of the regulators in each case and to examine whether they were achieved. It will follow up by looking at more modern attempts to control corporate size through the anti-merger laws, primarily Section Seven of the Clayton Act and, again, attempt to evaluate whether the goals were actually achieved. Students will be assigned particular cases and will be asked to study the industry involved before and after the antitrust proceeding. While the introductory antitrust course is not a prerequisite, students will be expected to have familiarized themselves generally with the law under Section Two and Section Seven in advance of the course.

Advanced Legal Research

2 sem. hrs.

Advanced Legal Research. 2 sem. hr. George and Greenlee. QIII. Spring. This course is designed to permit students to master the legal research skills they started exploring in the first year legal writing course. An emphasis will be placed on problem analysis and efficient research strategies, including the ability to take full advantage of all the options the various online sources offer. Topics covered include administrative materials, legislative history, specialized subject resources, the use of indices and controlled vocabularies, and electronic resources beyond Westlaw and Lexis. The course will also explore business-related sources and databases such as Bloomberg. The course is strongly recommended for anyone wanting to strengthen his or her skills with legal research for whatever reason, including serving as a Legal Writing Instructor or as an editor journal or preparing for employment during the summer or after graduation. A substantial portion of the class will be spent with research problems in class. Students will have one or two brief team projects outside of class and will complete a 20-25 page pathfinder or hypothetical problem on a topic of their choice. A pathfinder is a bibliographic/legal essay recommending a research strategy on a particular topic and will permit you to explore all the resources in depth on a topic of your own interest. The alternative to the pathfinder is a hypothetical problem such as researching the business and legal issues related to opening a particular business, ranging from exploring the business market to identifying the applicable laws and necessary legal documents. The pathfinder or hypothetical problem will be due approximately one month after the last class.

Advanced Problems in Federal Procedure (S)

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 Torts

3 sem. hrs.

This course 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.

Advising the Board of Directors

2 sem. hrs.

A director of a Delaware corporation owes just two fiduciary duties (care and loyalty) to the corporation and its stockholders. Although these duties are easily articulated, it is generally far more challenging to explain what board conduct is required to satisfy these duties. As a result, when a Delaware court considers challenges to the board’s actions in the M&A setting, the court’s analysis is particularly nuanced and contextually specific. This course will examine some of the issues corporate boards confront, including (i) addressing board and management conflicts, (ii) selecting financial and legal advisors, (iii) engaging in a sales process, (iv) preparing for and responding to hostile bidders, (v) anticipating (and responding to) litigation, (vi) dealing with activist stockholders, (vii) navigating the tensions between different corporate constituencies, and (viii) managing a business in a distressed economic environment. The goal of the course will focus on the advice that counsel should provide to a corporate board in each context. The instructors for this course include the Honorable Myron T. Steele, the Chief Justice of the Supreme Court of the State of Delaware and a former Vice Chancellor of the Delaware Court of Chancery, and Mark A. Morton, a Delaware transactional attorney with more than 20 years of experience. The course materials will include abstracts from relevant cases, treatises, articles and law firm memos. On several occasions during the course of the semester, the instructors will invite partners from some of the nation’s leading firms to participate in a panel discussion. Course grades will be based on one take away at the end of the semester. Class participation will be expected.

American Trials (S)

3 sem. hrs.

This course will examine prominent trials of the 20th century that influenced and were influenced by our culture. The course will be interdisciplinary. We will read and view actual trial materials 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 trial itself then affected society and was depicted in various media. The reading for the course will be heavy but enjoyable, and films may be screened outside the normal class time. Consistent class preparation, participation, and attendance are required. Students will write six reflection papers and give one presentation on a trial they choose. Five of the papers will be short (3-4 pages), and one will be longer (6-10 pages). Students are encouraged to collaborate on the presentation with one or more partners. With the permission of the instructor, a 20-page seminar paper may be written in lieu of three of the papers to fulfill the senior writing requirement. Drop/add will end on Friday, January 14 at 4:00 p.m.

Analytical Methods in the Law

3 sem. hrs.

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

Anatomy of a Divorce

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 may include a sitting matrimonial judge, a forensic accountant and a former client.

Animal Law and Ethics (S)

3 sem. hrs.

This seminar course will focus both on fundamental legal and ethical 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 rules regulating the relationship between humans and animals. All viewpoints are welcome. 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 considered property under the law and currently have no legal rights, per se, and 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 policy behind the protections afforded (or not afforded) animals under various federal and state laws. We will examine the content and enforcement of state anticruelty laws, the Endangered Species Act, the Federal Animal Welfare Act and accompanying regulations. The seminar will also include environmental issues as they relate to animals including habitat protection, invasive species conflicts and the environmental effects of food animal production. We will have guest speakers for several sessions. In the past, these speakers have included including litigators and legislative advocates from the Humane Society of the United States and public interest law firms, a prosecutor who specializes in animal fighting, and leading legal scholars on animal ethics. Two papers will be submitted in lieu of a final exam. There may also be a group project or presentation to make things more interesting. 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 and laptops are not permitted.

Antitrust

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. Students are advised that this course will involve sophisticated corporate topics. This is a 1L elective course; 50 seats are reserved for upper-level students.

Appellate Advocacy

sem. hrs.

This course is about non-trial advocacy in civil lawsuits before Judges. Advocacy before Judges, in conferences, on motions and on appeals – not trial advocacy in the sense of openings, closings and examinations of witnesses – is the most common form of advocacy performed by litigators. The 2007 Judicial Business of the United States Courts statistics bear out the importance of these skills. Of the 239,292 civil cases resolved by the U. S. District Courts, 23% were resolved without any court action and 85% were resolved before trial. Strikingly, approximately 4% were resolved during or after trial. Of the 65,308 appeals resolved by the U. S. Courts of Appeals, approximately 50% were dismissed not on the merits. Of the remaining 32,834 appeals, the Court heard oral argument in only a modest percentage, which historically was about 15%. This Section of Appellate Advocacy will focus on written and oral advocacy skills necessary for the 85% of cases at the trial level and in appeals. Students will be expected to participate in frequent exercises requiring them to serve as counsel in a variety of contexts, including chambers conferences, discovery arguments and in one or more appeals.

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.

Banking Regulation

2 sem. hrs.

This course is designed to teach students the basic concepts underlying the regulation of depository institutions in the United States, and, where appropriate, contrast the U.S. regulatory approach with that followed by other countries. The course will include a discussion of systemic risk and consumer protection as bases for the regulation of depository institutions, as well as their holding companies, and affiliates. There will be a specific focus on activity restrictions imposed on depository institutions and their affiliates (including depository institutions’ affiliations with securities and insurance underwriting), as well as lending limits, capital requirements, geographic restrictions, the bank failure process, community reinvestment obligations, privacy concerns and restrictions, and the federal banking agencies’ supervision and enforcement powers. The course will conclude with a discussion of international banks’ operations in the U.S., and U.S. regulation of those activities. Required Text: Macey, Miller & Carnell, Banking Law and Regulation (3d ed. 2001). Supplemental photocopied materials will also be used.

Bankruptcy

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. Students who have previously taken Commercial Credit II may not take this course. This is a 1L elective course, however, 1L enrollment will be limited to 30 out of 110 (if course closes).

Bok Course: Civil Law

1 sem. hrs.

Introduction to the origin and leading ideas of Roman Law with special regard to the Republican period. The course will discuss methodology, ancient and modern legal theories, the main institutions and principles of private law and the reason why Civil Law has always favored individual freedom and autonomy in human relationships.

Bok Course: Constitutionalism in India

1 sem. hrs.

A special 3-week course in April taught by Pratap Bhanu Mehta, President one of India’s most distinguished think tanks. This course examines the different ways in which “The Constitution of India” orders Indian society. It critically examines the principles inherent in India’s constitution, the relationship between these principles and India’s social and political experience. It will examine such topics as the nature of executive power, liberty, equality, social rights, secularism, property and judicial review. The aim will be to provide not just an introduction to the Indian Constitution, but to examine the ways in which this constitutional experience might enrich our understanding of how constitutions function. Readings will include case materials from India and elsewhere, particularly the United States.

Bok Course: Contracting in a Globalized World

1 sem. hrs.

A special 3-week course in January taught by Henrik Lando, one of the leading law and economics scholars in Europe. This innovative course is structured as a case study, which challenges participants to devise a value-maximizing construction contract involving an American contractor and a Danish Employer. Issues include the nature of the contract (fixed price, cost-plus or hybrids), the allocation of risks of unforeseen circumstances or events (including hardship and force majeure clauses), the allocation of decision rights including the system of change orders, and provisions concerning conflict resolution. The theoretical background includes the theory of moral hazard, the theory of incomplete and relational contracting, and recent developments within behavioral contract theory. The contract is subject to Danish law, illustrating pitfalls of contracting with a civil law country.

Bok Course: Indian Capital Market Regulation

1 sem. hrs.

This is a one credit course which will lay out the institutional architecture of financial sector regulation in India and how it has changed since 1991 reforms. In particular it will look at the evolution of an important segment of the financial sector namely securities markets from the twin perspectives of Indian economic developments and law reform. The course will not focus on financial regulation per se but instead on the ways in which the evolution of this regulation in India is different. It will start with an examination of the old arrangements in the regulation of securities markets in India, look at the developments of the 1990s, the rise of the private sector and the impact of globalization, the dominant role played by equity markets and the next generation issues in regulation and reform. It will conclude with a brief look at the reform program for the sector including the proposed financial sector law reforms.

Bok Course: Rise and Decline of the European Nation State

1 sem. hrs.

The course gives (1.) an overview on the rise of the most important european elements of "state" and "constitution" in the early modern times (sovereignty, centralisation of military power, finances, law-giving, administration), (2.) introduction in the comparative field of constitutional theory of the 19. century, (3.) the formation of today’s European confederation or pre-constitutional state from the treaties of Maastricht and Lisbon.

Bok Course: Roman Foundations of Western Law

1 sem. hrs.

A special 4-week course in March taught by Joshua Getzler, a senior member of the Law and Legal History faculty of Oxford University. This course is an introduction to basic legal concepts and legal thought in the Western tradition deriving from Roman Law. The course shows where many of the ideas which we take for granted, notably in the arena of private law, have come from. The course is based on primary materials, the set texts from Gaius (second century AD) and Justinian (sixth century AD) studied in English translation. Contact with ancient primary materials will demonstrate how historical method can allow the mind to form its own judgments about the categories of the law and their significance, freed from the tyranny of second-hand and contemporary opinion.

Bok Course: The European Court of Justice

sem. hrs.

A special 3-week course in September taught by Arie Reich, Dean of the Law Faculty at Bar Ilan University. This course will deal with the role played by the European Court of Justice (ECJ) in the process of economic and political integration between the member states of the European Union (EU). It will follow the emergence of the ECJ from an insignificant component of the Treaty of Rome to one of the major forces of integration within the EU. It will show how through the use of judicial activism and teleological interpretation the ECJ has constructed a binding constitutional regime for the EU that has become an indispensable part of the EU's political structure. We will also discuss the developments in the relationship between the Court and the political organs of the EU, one the one hand, and between the Court and the Member States and its courts, on the other hand. Throughout these discussions we will follow the evolving relationship in the Court's jurisprudence between EU Law and national law, on the one hand, and between EU Law and International Law and institutions, on the other hand.

Bok Course: Transnational Justice

sem. hrs.

A special 3-week human rights course in October taught by Juan Guzmán Tapia, the judge who led the investigation and prosecution of General Augusto Pinochet for human rights violations committed by his regime. Topics will include: different generations of human rights; their classification; international treaties that contain human rights; accountability for human rights violations; the creation of international tribunals; notions of genocide; crimes against humanity; war crimes / terrorism; human rights violations; national law; international law; transitional justice; peace and reconciliation.

Bok Course: Univ & Part as Paradigms of Int'l Law

1 sem. hrs.

This course seeks to place theories about international law within the framework of their fundamental conceptual preconditions, within their “paradigms” in order to provide a better understanding of, and a more critical perspective on, the diverse and contrasting positions within international legal scholarship. We will trace the impressive variety of visions of international law back to two competing paradigms: particularism and universalism. Particularism – from antiquity to structural neo-realism and neo-conservative thought – forms the basis of all theories of international law which assert that true public order is only possible within a homogeneous community. In contrast, universalism – formulated in the stoic-rationalistic and Christian tradition and well alive in authors such as Tomuschat and Habermas – underlies all positions which assert that truly public order is in principle possible on a global scale. These paradigms remain powerful conceptual tools providing orientation for many international lawyers. This class will meet M, W, F - 9/17 through 10/1. Please note that there will be no meeting on 9/20 due to the faculty retreat. There will be a 24 hour takeaway exam, available 10/1 through 10/8.

Bok Course: Women, Justice & Shariah

1 sem. hrs.

This course will address the practical as well as theoretical challenges of protecting women's rights under Shariah Law as it is practiced in Nigeria. The course will analyze the tensions between Rule of Law and Rule of the Law in Shariah States; the question as to whether basic human rights, as defined by international standards, are protected. The outcomes of this course will be a 'white paper' by students on the dialectics of justice and Shariah.

Business Acquisition Process

2 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).

Business Strategy and Corporate Law

3 sem. hrs.

This course explores strategic, business and legal decision making in a fluid real world corporate context. Classes will cover a series of timely financial and legal subjects as well as case studies that deal with topical problems in corporate governance, investment strategy, executive compensation and potential corporate and criminal behavior. Press, public market reaction and governmental/political considerations will be integrated into the discussion. All students will be required to participate in one major team project. An equal number of graduate law and business students will participate. The instructor, a 24 year veteran and partner at a major private equity firm, is also an attorney and CPA. No pre-requisites.

Chapter 11: Corporate Reorganization

3 sem. hrs.

This course, taught by an experienced practitioner, 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 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. Those students who have not taken the basic bankruptcy course should read West Nutshell in the first two weeks of the course.

China & International Human Rights Law (S)

3 sem. hrs.

China officially accepts the existence of universal international human rights norms and has acceded to many of the major international legal instruments governing human rights, has signed others and has participated extensively in the United Nations Human Rights Council and other components of the international human rights regime. Yet, the People’s Republic’s human rights record faces serious, extensive and multifaceted criticisms from Chinese sources, international human rights NGOs and foreign states, including the United States State Department’s annual China Human Rights Report. China’s responses (both official and unofficial) have ranged widely, from disputing over the facts, to debating the content, priority and interpretation of applicable human rights norms, to arguing about internationally legally permissible means for promoting or protecting human rights, to critiquing the record of governments that criticize China. This seminar will address and examine these issues through a brief review of Chinese approaches to human rights in the pre-1990s period and a much more extensive consideration of relatively contemporary primary sources, Chinese and foreign reports, and Chinese and foreign scholarship. Although the course emphasizes themes and patterns in Chinese approaches to international human rights, selected issues and areas of human rights and law in China will receive more in-depth attention, partly from several guest speakers expert in subfields of Chinese human rights. The principal requirement for the course is a final paper on a topic concerning China and international human rights law. Class participation also counts in grading, including through service on panels that will focus on particular weeks and topics. To accommodate guest speakers, it may on rare occasion be necessary to schedule a "make up" session outside the usual class period. These will be scheduled to minimize conflicts.

Civil Practice Clinic: Fieldwork

7 sem. hrs.

PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR CLINICS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. 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 another 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 at the first meeting of the course, or you may be automatically dropped from the course (unless you have advance permission from the instructor). The drop/add period for this course ends at 4 p.m. on the first Friday after the start of the course. Students who elect to use their enrollment in the Civil Practice Clinic toward their public service requirement will receive one less credit for this course.

Civil Pretrial Litigation

3 sem. hrs.

Students will take a mock case from initial client contact through settlement. Topics included will be problem identification and claim formulation, pleadings, discovery, dispositive and non-dispositive motion practice, settlement, strategic considerations, and ethical issues. The course will be writing-intensive. Students will draft a complaint or an answer, document requests, interrogatories, and motion papers. Students will also participate in a client interview, a deposition, motion arguments, and a pretrial conference.

Civil Procedure

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.

Client Leverage & Law Firm Management (S)

3 sem. hrs.

This seminar will focus on an gaining understanding of the business aspects of the practice of law, with a specific concentration on client demands, client service, fee structures, compensation models, professional development initiatives and the professional skills it takes to succeed within a law firm structure. Through the proposed readings, class discussions, and problem solving exercises, students will focus on their communication, entrepreneurial, and creative problem solving skills, which are vital to success as practicing professionals. Upon completion of the course, students will have a better understanding of the management challenges that face law firm leaders and the different roles within the law firm organizational dynamic. Students will also walk away with a more acute understanding of, and having practiced, the professionalism skills necessary to excel in a law firm structure. Students will be evaluated and graded at the end of the course through a problem solving exercise, which will require a proposed solution to a problem based on one of the topics covered. In addition to drafting a written response to the problem, students will also make an oral presentation to the group.

Commercial Litigation Strategy (S)

sem. hrs.

The course includes case studies of categories of litigation and the types of relief that plaintiffs seek, including damages, injunctive relief, declaratory judgments, and class actions. Experienced litigators will be guest speakers. Students will be expected to read cases assigned and participate in class discussions. Generally, each class will have two separate segments. One segment will be discussion of the cases from the assigned reading, generally led by one of the students, subject to advance assignment. The discussion will focus on the contentions by counsel and the court’s decision, with an emphasis on strategic objectives and alternatives. The second segment will discuss a general litigation topic, usually with a guest speaker. The specific topics are listed above, but are subject to change. There is no exam. The grade will be based on class participation (20%), one short paper (20%), and one long paper (60%). 3Ls only are permitted to enroll in the seminar.

Common Law Contracts

sem. hrs.

This course provides a summary of modern American contract law. The emphasis is on how common law contract principles have been, and are constantly being, developed and refined by common law courts. The Restatement of Contracts and the Uniform Commercial Code will be discussed as part of the over-all survey of modern American contract law. An overview of such basic concepts as offer, acceptance, consideration, defenses to contract formation, and remedies will be presented as will practice based solutions to particular problems. The course assumes some familiarity with U.S. civil procedure (federal and state). It is designed to give 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. Drop/add must be completed by the end of the third class session. There will be only one final, multiple choice exam. Attendance is strongly recommended for all sessions as the material in the class discussions will bear significantly on the topics being addressed.

Comparative Law

sem. hrs.

This course will provide a comprehensive introduction to the legal systems of the civil law, with a focus on continental Europe. 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 a brief introduction to European legal history. After that, we will turn to an examination of the three most influential modern systems: those of France, Germany, and Italy. We will examine the civil codes, the nature of continental adjudication, the “inquisitorial” approach to criminal justice, and comparative constitutional law. After having treated the domestic systems, we will briefly turn our attention to the rise of the EU, the nature of its institutions, the way in which it functions on the international scene, and the way in which it has been bringing fundamental change to the domestic legal systems of Europe. 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 distinctive approach to legal problems. This is a 1L elective course and 1Ls will receive priority in enrollment.

Complex Litigation

3 sem. hrs.

This course has two basic purposes. First, it is intended to expose students to topics of importance to the study of procedure that are not covered in most basic courses. Second, even as to matters covered in the first year, this course is intended to introduce additional (or at least non-traditional) perspectives, including: the values that inform or should inform a procedural system, the rhetoric of procedure and procedure as an instrument of power (whether in the hands of litigants or lawmakers). This course seeks to achieve both of its purposes through the study of procedural problems in complex litigation. The topics covered (including e.g., joinder of parties, class actions, judicial control of litigation, claim and issue preclusion) are considered largely, and sometimes exclusively, in the context of litigation that is complex because it involves multiple parties and/or multiple claims or because it involves lawsuits dispersed among the federal and state courts. This course will be taught in a seminar/participatory format. Class participation will be considered in grading. The in-class exam will be limited open-book, essay.

Computer Crime Law (S)

3 sem. hrs.

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

Conflict of Laws

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.

Congress, the Constitution & the Supreme Court (S)

sem. hrs.

This seminar will examine selected issues of contemporary significance bearing on Congress’s constitutional relationship to the Supreme Court. It will begin by examining the Senate’s power to confirm or reject a President’s nominee to the Court. The key questions it will take up include: Should the Senate’s evaluation of a nominee be limited to such considerations as the nominee’s professional competency, judicial temperament, and ethical character, or should it also extend to the nominee’s substantive views about the Constitution (cast at some meaningful level of specificity)? To what extent should the Senate rely on a nominee’s confirmation-hearing testimony to ascertain his or her views? What questions can the Senate demand that a nominee answer without intruding on the Court’s independence? The seminar will then address, among other topics, the role of legislative findings in cases challenging the constitutionality of federal statutes; Court-imposed limitations on Congress’s power to enforce the equal protection and due process clauses of the Fourteenth Amendment; Congress’s power over the Supreme Court’s appellate jurisdiction; and legislation debated in recent Congresses that would require Court to allow its proceedings to be televised.

Constitution Outside of the Courts (S)

sem. hrs.

In February 2009, Stephen Reinhardt became the first federal judge to rule that section 7 of the Defense of Marriage Act (DOMA), 1 U.S.C. § 7 (2009), violates the Fifth Amendment’s Due Process Clause. Section 7 defines marriage for purposes of interpreting federal laws, regulations, rules, or agency interpretations to include only heterosexual unions. Remarkably, Judge Reinhardt made this ruling not on behalf of the United States Court of Appeals for the Ninth Circuit, but as the chairman of the Ninth Circuit’s Standing Committee on Federal Public Defenders. In other words, Reinhardt was acting as an administrator, not as a judge. On what, if any, basis can an administrator like Reinhardt legitimately interpret the Constitution differently than the courts? In recent years, legal scholars have shown a vigorous interest in the constitutional interpretations of non-court actors. One branch of this scholarship examines “popular constitutionalism”: how non-court actors, including social movements, Congress, and the President affect judicial doctrine. For many scholars such influence is desirable because it enhances the democratic legitimacy of courts’ constitutional holdings. Another branch of this scholarship analyzes “departmentalism”: the authority of non-court actors, most prominently Congress and the President, to interpret the Constitution differently than the Supreme Court. This course will survey the legal historical and theoretical work on extra-court constitutionalism. Central questions the course will address include: On what bases can government officials—members of Congress, administrators like Reinhardt, and the President—legitimately interpret the Constitution in ways that differ from the courts? If none, how should these officials approach the often gaping interpretive spaces they find between courts’ decisions and the practical applications these officials face? How should courts consider the interpretations of noncourt actors when fashioning constitutional law?

Constitutional Change (S)

3 sem. hrs.

Over the course of its more than two-hundred year existence, the United States Constitution has been formally amended twenty-seven times with the most significant changes occurring within the first eighty-five years after the original document’s ratification. Despite the relative infrequency of such formal amendments, most scholars agree that our current constitutional regime differs greatly from the regime envisioned by the generation that framed and ratified the original document and that much of this change cannot be explained as the product of formal Article V amendments alone. This seminar will explore how and why constitutional understandings change over time and the legitimacy of constitutional change that occurs outside the mechanisms formally prescribed by Article V. The first part of the course will focus on issues relating to the Article V amendment process, including the potential limitations of Article V as an exclusive mechanism for constitutional change. The second part will focus on the role of the courts, with a particular emphasis on the debate between “originalist” and “living constitutionalist” theories of constitutional interpretation. The third and final part of the course will focus on the role of elected officials and social movements in achieving constitutional change, either through the Article V amendment process or through alternative means. Grading will be based on class attendance and participation (20%), written discussion questions based on the assigned reading (10%) and a final paper (70%).

Constitutional Criminal Procedure

3 sem. hrs.

This course covers the constitutional law of police investigations under the Fourth Amendment, Fifth Amendment, Sixth Amendment, and Due Process clause. Topics include stops; arrests; searches; interrogations; the scope of the exclusionary rule; Miranda warnings; surveillance law; entrapment; the grand jury as an investigative tool; line-ups; and the role of defense counsel in police investigations. Students who have taken Prof. Bibas' Criminal Procedure: Investigation course may not take this course.

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

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 (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.

Contract Drafting (S)

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.

Contract Theory (S)

3 sem. hrs.

Moral and economic approaches have dominated contemporary contract theory. Such theories are called “monistic” because they use one value—e.g., autonomy or efficiency—to explain and evaluate aspects of contract law. “Pluralistic” theories use multiple values to explain and evaluate contract law. Until recently, very few contracts scholars explicitly pursued pluralistic theories. But pluralistic contract theories are now on the rise. The principal challenge facing such theories is that they appear to yield insufficiently determinate answers to the specific and practical questions legal theories must answer. In particular, they appear unable to give an account of how the multiple values they invoke can be combined to generate a determinate and coherent explanation or evaluation of particular legal doctrines and the fact-specific disputes to which those doctrines must apply. This seminar seeks to understand and evaluate pluralistic legal theories, and pluralistic contract theories in particular, by exploring recent developments in virtue ethics. Traditional ethics generates a theory of right action (to explain what makes an action morally right or wrong and why) in terms of either its consequences or its conformity with duties or rules. Virtue ethics explains right actions as the actions that would be undertaken by a morally virtuous person. Although moral philosophy has a long history of theorizing about the nature of moral virtue—what makes a person’s character virtuous—virtue ethics claims that such theories also explain what makes an action morally right or wrong. Because virtue ethical theories generate of theory of right action by asking how a person possessing multiple virtues would act in a particular context, they must provide an account of how apparently incommensurable values can be combined to yield a determinate evaluation of particular conduct. Such accounts, if successful, might therefore also be used to explain how pluralistic legal theories could take into account apparently incommensurable values to yield a determinate explanation and evaluation of legal doctrines. The seminar proceeds by exploring virtue theory, virtue ethics, pluralistic legal theory, and pluralistic contract theory. Students will write several 3-5 page reactions papers to weekly assignments and take turns leading the seminar sessions on material covered in their papers. The final grade will be determined by the cumulative grades earned on reactions papers. Students with the relevant background may be granted permission to write a term paper in addition to their assigned reaction papers.

Contracts

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

Copyright Theory (S)

3 sem. hrs.

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

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. Please do not enroll for this class if you already have an MBA without permission of the instructor. Prerequisite: A completed course or current enrollment in Corporations. There will be an in-class exam.

Corporate Finance: Legal Aspects

3 sem. hrs.

Legal analysis of rights attached to various claims against, interests in, and in respect of corporations, including the contractual rights of bondholders and convertible security holders, the contractual and extracontractual rights of preferred shareholders, the dividend and control rights of common stockholders, and the nature and function of derivative contracts and options, including management stock options. Attention is paid to the conflicts that arise among security holders on both the upside and the downside, the corporate governance implications of the allocation of control rights, and the interpretation of financial contracts. Prerequisite: Corporations.

Corporate Governance (S)

3 sem. hrs.

This seminar will provide students with an opportunity to learn about cutting-edge issues and research in corporate law and governance. The course will feature presentations of academic works-in-progress by some of the leading scholars in the field. It will also include presentations and commentary by expert practitioners. Students will prepare bi-weekly position papers discussing and evaluating the presented academic work and will be expected to participate actively in class discussion. Pre-requisite: Corporations or permission of instructor. A prior course in business law (at Penn or elsewhere) is required for LLM students.

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.

Corporations

3 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. The course will also cover introductory principles of acounting, corporate finance and valuation. This course will be taught primarily in the Socratic fashion. Regular attendance and class participation are required.

Cost-Benefit Analysis: Law, Policy and Practice (S)

3 sem. hrs.

Federal and state governments, and the U.S. public, are increasingly turning to cost-benefit analysis and risk assessment to guide rulemaking decisions and to set priorities among interventions intended to protect health, safety, environmental quality, homeland security, financial assets, etc. This course prepares students to critically evaluate risk and cost-benefit analyses, in order to help make decisions that are responsive to law, science, economics, and public values. Students will analyze recent and pending decisions by EPA, FDA, OSHA, and other agencies, to explore how analysis has informed or obscured important controversies, and how the courts have shaped both analysis and outcome. We will also discuss the art of crafting cost-effective controls, considering both traditional rulemaking and innovative proposals for new policy instruments. Required readings will include a mix of journal articles about methods of analysis and regulatory policy, along with close analysis of several major court decisions. The course instructor is an environmental health scientist, but the course will not require any particular science or math background. Rather, lectures and class discussion will emphasize insights the instructor gleaned during 10 years as the chief rulemaking official at OSHA and member of numerous EPA advisory committees, including many details of regulatory analyses, court decisions, and enforcement actions that are poorly captured in the public record.

Criminal Defense Clinic

4 sem. hrs.

PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR CLINICS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. 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. You must appear at the first meeting of the course, or you may be automatically dropped from the course (unless you have advance permission from the instructor). The drop/add period for this course ends at 4 p.m. on the first Friday after the start of the course. Students who elect to use their enrollment in the Criminal Defense Clinic toward their public service requirement will receive three credits for this course. In addition to various handouts provided by the instructor, the required text is Crimes Code of Pennsylvania, Gould Publications.

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 Research Group (S)

3 sem. hrs.

The Criminal Law Research Group does criminal justice related policy and drafting work for governments and government agencies, domestic and foreign, as well as for non-governmental organizations like the UNDP. This term's seminar will include finishing a penal code for the Maldives, an Islamic nation in the Indian Ocean, and policy work for the Pennsylvania Commission on Crime and Delinquency. It also may include drafting sentencing guidelines and rules of criminal procedure for the Maldives, doing preliminary work on drafting a criminal code for a Midwestern State (a project that would continue into the Fall Term), and/or other projects. Selected students typically would travel with the professor for the meetings with clients.

Criminal Law Theory (S)

sem. hrs.

Robinson, Seminar in Criminal Law Theory: Natural Law & Lawlessness - Police and courts are an essential feature of the world we live in. They protect us from serious wrongdoing and give us justice when a serious wrong nonetheless occurs. However, the complexities and unpredictabilities of life create situations in which there is no criminal justice system. From these natural experiments of lawless situations, we can learn much about what criminal law does and does not contribute to our lives, about what our world would be like without police and courts, and how a group of people in such situations might organize themselves to provide protection and justice, or not. Understanding better a world without law may help us to more effectively formulate law when we have it. A criminal justice vacuum can arise in a wide variety of situations, involving large populations or small groups, can be created by natural or human forces, and can range across the expanse of human history, including, for example, Soviet-occupied Berlin in the closing days of World War II, life among 18th Century pirates, the Andes plane crash, New Orleans in the days following hurricane Katrina, the Argonauts in San Francisco during the California Gold Rush, the Leper Colony of Molokai, 19th Century Eskimo life, Columbia under the control of drug lord Pablo Escobar, life in Nazi concentration camps, mid-19th Century wagon trains to the American West, the isolation of Pitcairn Island in mid-Pacific, the Detroit riots of 1967, British withdrawal from Anguilla Island in the 1960s, Iraq in the days after the U.S. invasion, the mutiny on the sailing ship Globe, the Attica prison riots, criminal justice corruption in a modern Pakistani city, Japanese Wold War II prisoner camps, the wrecks of the sailing ships Batavia and Grosvenor, life on the 19th Century American frontier, and the modern failed state of Somalia. Students who might wish to be in the seminar must attend the first class, whether they are as yet registered for it or not.

Criminal Procedure: Prosecution & 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, charging, double jeopardy, joinder, discovery,guilty pleas, sentencing, and appeals. Time permitting, there will also be selective coverage of jury trials and habeas corpus / collateral review. The final exam will be an eight-hour, open-book exam that students must take on a set date, with two issue-spotting 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. Students must add this class by the first class session, though they may drop the class in the first two weeks but not thereafter, absent exceptional circumstances. The instructor will probably offer an optional oral midterm examination, which would count only if it raised a student's grade. 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.

Cross-Border M&A (S)

sem. hrs.

The M&A marketplace has become increasingly global over the last 10-15 years. Companies make acquisitions outside of their home country, buy and sell global businesses and enter into joint venture transactions. The seminar will expose students to legal aspects of negotiating M&A transactions across national borders with a particular emphasis on how to structure public cross-border transactions in compliance with both the US securities laws and the laws of the acquired company’s home country, and how to negotiate private M&A transactions and joint ventures. The seminar is designed for students interested in transactional work and for those who are interested in global aspects of corporate work. The seminar will bring awareness of extra-territorial reach of securities laws and will include specific case studies of transactions in developed and developing countries. Corporations is a prerequisite. LLM students with an interest or experience in corporate law are welcome. Securities Regulation is advised, but not required.

Cultural Heritage & the Law (S)

sem. hrs.

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

Cybercrime (S)

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 homework assignments, 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 strictly required, most students find it helpful to have at some point taken at least introductory 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 & Habeas Corpus

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. These issues address the balancing of the three "F's" at the heart of habeas: Federalism, finality and fairness. The class is taught in a participatory format, and active engagement is not just encouraged, but expected. Laptop abuse will result in the laptop being banned on an individualized basis.

Democracy, Judicial Law-Making & Constitional Law (S)

3 sem. hrs.

“Democracy is the worst form of government except all the others that have been tried,” Winston Churchill wryly remarked. Maybe, but is democracy good enough? Students who are interested in judicial clerkships or careers as judges, government advisors, law professors, or politicians may find this course especially useful. We will explore whether democratic decision-making alone is good enough to establish the legitimacy of the law. If not, we will assess to what extent democracy should be constrained by constitutional law and non-constitutional moral values such as fairness and reasonableness. We will then address if democracy, constitutional law constraints, and/or other moral constraints make law legitimate…or legitimate enough to justify allowing each person to have a gun or consigning people to life in prison or even death. Coupled with these issues, the course analyzes the two vastly different mechanisms the United States uses to make law: democratically-elected legislatures and the seemingly undemocratic judiciary. In addition to precedent and constitutional law, the judiciary makes the common law by appealing to moral values such as maximizing welfare or the reasonable person standard rather than ascertaining the will of the people. We will discuss whether judicial appeal to moral values to make the common law can be reconciled with democracy. Readings consist of important legal cases and articles in legal and political theory. Class attendance is important to success in the course. Students will conclude the course by taking an essay-based, take-home exam.

Development of US Intellectual Property Law (S)

3 sem. hrs.

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

Directed Reading Sem: Int'l Human Rights in Comp Persp

sem. hrs.

International Human Rights In Comparative Perspective: Directed Reading Seminar William Burke-White and Mehdi Zakerian This directed reading seminar will be co-led by Penn Professor William Burke-White and Mehdi Zakerian a professor from Iran who is a visiting scholar at Penn for the 2011-2012 academic year. The seminar (which will be treated as an independent study) will meet four times during the semester for 2 hours. For each session, students will be asked to read a text from the western human rights tradition and one from the Islamic tradition. The seminar session will involve a detailed discussion of the human rights issue on which the readings for that session focused. Issues may include the justifications for human rights, human rights and political participation, the human rights of crime and punishment, and/or the enforcement and protection of human rights. The seminar is scheduled to meet on 9/26, 10/10, 10/31, and 11/21 from 3:00-5:00.

Disability Law

2 sem. hrs.

This course surveys the significant laws that protect the civil rights of people with disabilities, with a primary focus on the Americans With Disabilities Act of 1990, the Rehabilitation Act of 1973 and the cases that interpret them. The Individuals With Disabilities in Education Act and the Fair Housing Act Amendments of 1988 will also be addressed in lesser detail. In addition to discussing the doctrine that governs disability discrimination in the United States, the course will also explore the reasons why the disability laws have diverged from traditional Title VII doctrine and the benefits and limitations of the model of discrimination that is encompassed in the disability discrimination laws. Individual class sessions will also address some of the specific obstacles to full equality that exist in the disability context, including our country’s limited social welfare framework and sovereign immunity concerns.

Doctors, Death Panels & Democracy (S)

sem. hrs.

This seminar will explore the manner in which decisions about medical treatment are, and ought be, made within a complex twentieth-century health care system. With the passage of the recent federal health reform in the spring of 2010, Americans are more closely interconnected in the public and private health insurance systems than ever before. Yet actual decision-making in medicine remains highly devolved to individual doctors and their patients. This provokes serious concerns about optimal quality and cost control, as decisions made for one patient increasingly reverberate throughout the system. Many other countries have more explicitly investigated techniques by which public or aggregative judgment is brought to bear on individual medical decisions. In the American context even the hint of such centralized control provokes heated backlash, as evidenced by the rhetorical success of the “death panels” claim and the government’s repudiation of its own panel’s mammography testing recommendations last fall. This course will explore such debates in the context of the way in which medical decisions have been made in the United States, are being made in other industrialized countries, and will be made in the future. Among topics of interest will be historical patterns of physician and patient authority, the rise of standardized “best practices” in medicine, efforts by private and public payors to control medical utilization, and policy experiments such as the Oregon Medicaid reform and the United Kingdom’s National Institute of Clinical Excellence, which applies cost-effectiveness criteria to all new medical therapies. This will be a discussion seminar highly dependent on active and thoughtful engagement by students. Evaluation will be based on participation in weekly discussions as well as written work product. My present intention is to require that students complete short topical memos in response to weekly readings at a few points during the semester, although I may alternatively allow a longer independent research paper option, and will clarify that by the end of this summer.

Drug Product Liability Litigation (S)

3 sem. hrs.

More product liability lawsuits are filed against prescription drug manufacturers than against all other industries combined. As one legal scholar put it, the pharmaceutical industry is now “in tobacco-land in terms of how much people hate it,” and drug product liability litigation is now a “growth industry.” This course will consider the theory and practice of such lawsuits before, and now after, the Supreme Court’s landmark decision in Wyeth v. Levine (2009). At the outset, we will focus on the similarities and differences between such litigation and other product liability cases, using the “Phen-Fen” cases tried by the instructor as a model, and on the special context of FDA regulation. We will then consider the legal principles governing such lawsuits, such as inadequate warning; the learned intermediary doctrine; and medical causation. As part of each class, we will review the manner in which the controlling issues were presented to a jury using the edited record of a recent pharma products trial. The course will also consider the practical application of these doctrines, including the problems when doctors are witnesses; discovery strategies; and techniques to present complex information to juries. For the final class, each student will prepare one portion of opposing opening statements, based on the edited trial record they have been reviewing, which will then be combined and presented to a “jury” recruited from Philadelphia residents. No Prerequisite. Course Requirements: A “bench memo” due Week 8; a 5-6 page section of the final jury presentation due Week 12; class participation. No exam.

E-Discovery (S)

sem. hrs.

With computers and e-mail dominating business and personal life, the nature of civil discovery has changed. Lawyers need to know how to request, identify, preserve, collect, process, review and produce electronically stored information (“ESI”), as the newly amended Federal Rules of Civil Discovery call it, in all its myriad of forms. While this does not require a technical degree, there are significant pitfalls that lawyers can learn to avoid and better represent their clients. This class is designed to teach law students about the nuances of the quickly evolving world of e-discovery and practical discovery procedures and processes. The class will begin with a broad overview of how and where organizations create, retain and manage data and the basic ethical obligations of lawyers in civil discovery. The first half of the semester with then focus on practicalities and difficulties of efficeintly and defensibly identifying, preserving, collecting, processing, reviewing and producing data in civil litigation. The second half of the semester will then focus on some of the thornier issues in e-discovery including: proportionality, international discovery, databases, cloud computing, social media, transparency and ephemeral data. There will not be a text book for this class and all the readings will be provided (e.g. cases, rules, articles, Sedona Confernce commentaries, etc . . .).

Education Law

2 sem. hrs.

This course will survey constitutional, statutory and policy issues affecting children in our nation’s elementary and secondary schools, with an emphasis on public schools. Topics will include the right to an education (and to a quality education); curriculum, instruction and assessment; compulsory attendance and school choice; religion and expression; school discipline; and educational equity, especially in relation to race, class, and disability.

Election Law & the Presidency

sem. hrs.

This class will focus upon the constitutional and election law issues raised by the nomination and election of the President of the United States. We will read relevant cases on the nomination process; portions of a variety of articles and books on the electoral college and how it functioned in 1800, 1824, 1876 and 2000; the issues of succession when a President is assassinated, dies or is disabled; and the grounds for impeachment. We will analyze election administration and how our state-driven electoral process skews national elections; the vagaries of the two-party system; the role of money; and alternatives to the electoral college. A paper of approximately 15 pages is required.

Empirical Law and Economics (S)

3 sem. hrs.

This class will cover the basics of microeconomics as they apply to the study of law. Areas covered will include torts, contracts, property, IP, criminal law, health law, insurance, business law, antitrust, and some public law topics. The course will focus on how law affects incentives and, ultimately, individual behavior. We will also discuss available empirical evidence regarding the link between law and behavior. No prior training in economics is required. 1Ls will be evaluated on the basis of an open-book takeaway exam, while other students may write a paper instead. This is a 1L elective course and 1Ls will receive priority in enrollment.

Employee Benefits

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

sem. hrs.

This course will introduce the basic theories and legal principles underlying equal employment opportunity law in the United States. The course focuses primarily on Title VII of the Civil Rights Act of 1964 as amended, and secondarily on 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, reasonable accommodation requirements, and affirmative action.

Employment Law

3 sem. hrs.

This course will examine the employment relationship from entry through exit and beyond, covering the major statutes, regulations, and common law doctrines affecting that relationship. Topics will include the origins of at-will employment; the legal definitions of the employer-employee relationship; workers’ rights in the workplace, including the rights to organize, to privacy, to nondiscrimination, and to a minimum wage; employers’ rights, including the rights to alter employment terms and terminate employment; the laws providing for workers’ welfare, including laws governing workers’ compensation, retirement, and healthcare; and the restraints that persist after employment ends. Themes that we will consider include the relationship between private and public ordering of the workplace; the interactions among workplace law, gender, race, disability, age, and family life; and how workers’ citizenship status affects the laws governing their employment. Throughout, we will also analyze how well the existing legal regimes address the needs of our changing workforce and economy. Students will be challenged not only to learn what current workplace law is, but also to think critically about what workplace law should be.

Energy Law & Climate Change (S)

sem. hrs.

This course provides an introduction to U.S. energy law and examines policy initiatives to address the challenges of climate change, focusing on electric generation. The course begins with study of the legal framework of regulation of the U.S. electric utility industry and the evolving power and responsibilities of the Federal Energy Regulatory Commission, state public utility commissions, and other administrative agencies. The course then examines the emergence of climate change as an energy policy issue in this regulatory context and analyzes key federal and state initiatives (and alternatives) designed to achieve a reduction in carbon emissions, including expanded use of renewable energy, nuclear energy, energy efficiency, “smart grids,” and distributed generation. Class is limited to 16 students. Grading will be based on a seminar paper and class participation.

Enforcement of International Law (S)

sem. hrs.

This seminar will focus on the enforcement of public international law. The first part of the course will cover the sources of states’ obligations to obey international law and different theories as to why states do – and sometimes do not – obey international law in practice. The second part will address the most common enforcement mechanisms available under international law, including countermeasures, collective action, and dispute settlement bodies. The third part of the course will focus on case studies of current enforcement problems in areas such as the use of force, human rights, and the environment. Grading will be based on class participation, a short presentation, and a final paper.

Entrepreneurship Legal Clinic

6 sem. hrs.

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

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. This is a 1L elective course and 1Ls will receive priority in enrollment.

Environmental Lawyering

sem. hrs.

Environmental law has moved to the forefront both nationally and internationally. This course offers a unique opportunity to learn substantive environmental law and practical lawyering that cuts across most areas of legal practices (real estate, corporate, administrative and litigation). Using “real world” case studies and simulations throughout the semester, students will be asked to role-play as environmental attorneys in, among other things, (1) acquiring, financing and selling an ongoing business with potential environmental concerns; (2) negotiating with the federal EPA regarding a client’s non-compliance with environmental laws; (3) litigating a toxic tort matter; (4) pursuing and defending a citizens’ environmental suit; and (5) wrestling with ethical issues relating to the above presentations. Guests include an EPA official, an environmental consultant and a state or federal judge. The course is for students interested in learning environmental law and/or in just learning lawyering skills.

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. A second focus will be economic regulation: the implemetation of the basic freedoms, the harmonisation of corporate law and securities regulation, and the issues of European Monetary Union. The course should provide some comparative law experience by tracing specific European legal traditions in the development of EC law.

Evidence

4 sem. hrs.

This course will examine the common law and federal rules of proof. We will study the scope and function of the rules of evidence, evaluating them on the basis of their logical consistency as well as their tendency to promote or impede rational methods of investigation. The course will also consider several advanced topics in the law of evidence. First, there is a growing use of social science methodology in the courtroom, and with the increasing importance of expert testimony based on statistical studies, we will address the sufficiency, reliability, and interpretation of statistical evidence. Second, the American system, which is adversarial, produces markedly different rules of evidence than we find in other countries, where courtroom procedure is often inquisitorial rather than adversarial. We will therefore address selected topics in the law of evidence from a comparative perspective. Finally, recent philosophical discussions in epistemology raise important questions about the reliability of claims of knowledge from a theoretical perspective. We will consider whether the philosophical literature gives reason to question standard claims about factual knowledge on which evidentiary assertions rely. The course grade will be based on the final exam (90%), as well as on participation, attendance and preparation (10%). The final exam will be partial open-book and will be multiple choice and short answer format.

Evidence

3 sem. hrs.

A study of the rules and common law governing the admissibility or exclusion of evidence at trial. Topics include relevancy, the rule against hearsay and its exceptions, authentication, impeachment and expert testimony. Topics are considered from a practical as well as a theoretical point of view. Classes will include demonstrations using film clips and other visuals as well as problems and class performance. Grades will be based in part on classroom participation, and students may be required to lay a foundation for the admission of evidence or to object to the attempt to admit evidence. Grades also will be based in part on a final exam, which will be partial open book in that students may bring a copy of the Federal Rules of Evidence with them. We will use G. Fisher, Evidence (2d Ed.) and the Evidence Supplement as our textbooks.

Externship: Community Legal Services

7 sem. hrs.

PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR EXTERNSHIPS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. With a budget of more than five million dollars from state, local and private sources, Community Legal Services (CLS) is one of the primary legal services agencies responsible for meeting the civil legal needs of Philadelphia's poorest citizens. CLS employs experienced lawyers and leading advocates in priority areas of law affecting low-income residents, including landlord-tenant, consumer, employment, welfare, disability and elder law. Opportunities for placement exist in CLS offices in Center City or at CLS' neighborhood office in North Central Philadelphia. Student assignments will involve a broad range of lawyering tasks, including to the greatest extent possible client interviewing, counseling, case planning and development, and hearing preparation and participation. Each student will work closely with an experienced legal services attorney at the assigned location. There are potential placement sites at CLS in its Landlord-Tenant, Employment, Public Benefits, and Consumer-Housing Units. In addition, CLS’ Advocating on Behalf of Children Project represents disabled children from low income families seeking SSI (Supplemental Security Income) and other benefits. The law students working with the ABC program have their own cases, get their own records documenting their clients’ disability, write briefs and represent their clients at hearings before Administrative Law Judges of the SSA (Social Security Administration). The ABC program is a small unit with one paralegal, one full time attorney and one part time attorney. Students enjoy the collegial atmosphere of the unit. Students also work on systemic issues and appellate briefs as they arise during their externship. Community Legal Service students should contact Rachel Mayover, Clinic Administrator, to arrange for their certification under Pennsylvania's student practice rule before the end of the first week of classes. The add/drop period for this externship ends at 4:00 P.M. on the first Friday after the start of classes. Students who elect to use their enrollment in this externship toward their public service requirement will receive one less credit for this course.

Externship: Community Legal Services - Chinatown Project

sem. hrs.

NOTE: There are two 7credit Community Legal Services Externship offerings for students to enroll in. The CLS – Chinatown Project Externship (LAW 815-001) is described below, and requires that the extern be available to work in both the Chinatown Clinic and the North Philadelphia office. This externship provides an opportunity to do both individual representation of immigrants with serious medical problems who urgently need Medicaid (MA) coverage, and systemic advocacy to enforce Title VI Civil Rights language access. The extern will work with attorneys from the Community Legal Services (CLS) Public Benefits Unit at our North Philadelphia office and in our work at the Chinatown Clinic. The Chinatown Clinic is a weekly volunteer medical clinic. The extern must be available to work with CLS staff at the Chinatown Clinic every Wednesday evening from 5 to 8 pm, as well as at the CLS North Philadelphia office during regular business hours. The extern must also be comfortable working in the very hectic, somewhat chaotic setting of the Clinic, and be excited about working with immigrants. Familiarity with Indonesian or Chinese culture is helpful, but not required; similarly fluency in Indonesian, Mandarin, Cantonese or Fujianese is helpful but not required. For the past decade CLS has been providing representation to immigrants in need of Medicaid, through co-location at the Chinatown Clinic. The population served at the Clinic is largely Indonesian and Chinese immigrants, who have often fled ethnic and religious strife, and have very serious, untreated medical conditions. The Clinic is a safe, trusted environment, with compassionate care and interpreters present. Despite a series of Title VI language access civil rights complaints brought by CLS over the years, it is still difficult for immigrants with limited English proficiency to access services from the Department of Public Welfare (DPW). The law defining immigrant eligibility for benefits is complex. When Medicaid applications are denied, notices of ineligibility are very rarely written in the appropriate language. This creates an often insurmountable obstacle to an immigrant’s ability to successfully challenge an MA denial without representation. To battle these obstacles to obtaining Medicaid benefits, CLS represents individual patients of the Chinatown Clinic and advocates for systemic change. The extern will assist clients in completing applications, obtaining needed verification, advocating with DPW, appealing if necessary, and in connecting to care if MA is obtained. In addition to individual representation, the extern will work on systemic advocacy concerning eligibility rules, access to interpretation services through DPW, Medicaid HMOs, and health care providers. Externs will be required to work at least twenty hours per week in exchange for seven academic credits. You may not enroll in this externship if you are enrolled in a clinical course or another externship in the same semester, or are responsible for 3 or more incomplete grades at the beginning of the semester. The add/drop period for this externship ends at 4:00 PM on the first Friday after the start of classes. Students who elect to use their enrollment in this externship toward their public service requirement will receive one less credit for this course.

Externship: Death Penalty Federal Defender

7 sem. hrs.

PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR EXTERNSHIPS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. The Death Penalty Externship will provide law students with hands-on training in most areas of post-conviction capital case litigation. Students will participate in a thorough orientation on capital work and responsibilities at the Capital Habeas Corpus Unit, Federal Court Division of the Defender Association. They will also attend informal seminars instructed by staff attorneys on specific aspects of capital post-conviction litigation including habeas corpus evaluation hearings and appellate litigation. Most of the students' time will be spent researching and writing claims for inclusion in habeas petitions as well as investigating cases, including interviewing clients, witnesses, and jurors. The add/drop period for this externship ends at 4:00 P.M. on the first Friday after the start of classes. Students who elect to use their enrollment in this externship toward their public service requirement will receive one less credit for this course.

Externship: Delaware Riverkeeper

sem. hrs.

PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR EXTERNSHIPS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. Established in 1988, Delaware Riverkeeper Network (“DRN”) is the only advocacy organization working throughout the entire Delaware River Watershed. The Delaware Riverkeeper is an individual who is the voice of the River, championing the rights of the River and its streams as members of our community. The Delaware Riverkeeper is assisted by seasoned professionals and a network of members, volunteers and supporters. Together they form DRN, and together they stand as vigilant protectors and defenders of the River, its tributaries and watershed. DRN is committed to restoring the watershed's natural balance where it has been lost and ensuring its preservation where it still exists. DRN has an active legal clinic that uses environmental laws to enforce legal protections of our waterways and educate law students interested in environmental and public interest law. DRN maintains a docket of robust citizen enforcement actions and other unique environmental cases. DRN has an active legal clinic that uses environmental laws to enforce legal protections of our waterways and educate law students interested in environmental and public interest law. DRN maintains a docket of robust citizen enforcement actions and other unique environmental cases. DRN’s staff attorney is the primary litigator for the organization. DRN has been involved in matters in federal and state court in the watershed states of New York, Pennsylvania, New Jersey and Delaware. Recent cases have addressed sewage permits, floodplain development and wetlands violations. The extern will take an active role in all aspects of the daily litigation practice at DRN, including case development, research and drafting, court appearances, depositions and discovery, meetings and coordination with other attorneys and advocates. Working with DRN at this level provides the extern with a unique opportunity to develop critical litigation skills in a nonprofit setting. Although some research work may be done elsewhere, the extern should expect to be on site at least 1-2 times during the week to participate in meetings, conferences, etc. (DRN’s office is located in Bristol, PA, approximately ½ mile from the Bristol train station [SEPTA R7]. Whether you drive or take the train, please consult a map to ensure that your timing and transportation needs can be met. Please note that no remibursement is provided for transportation costs.) You may not enroll in this externship if you are enrolled in another clinic or externship in the same semester, or are responsible for 3 or more incomplete grades at the beginning of the semester. The add/drop period for this externship ends at 4:00 PM on the first Friday after the start of classes. Students who elect to use their enrollment in this externship toward their public service requirement will receive one less credit for this course.

Externship: District Attorney's Office - Montgomery County

4 sem. hrs.

The Montgomery County Office of the District Attorney’s Externship Program offers 3L’s and 2L’s who have completed three semesters of law school, the unique opportunity to personally experience the Pennsylvania criminal justice system as a county prosecutor. Externs will work on all aspects of a criminal case – from investigation through trial. During the first week of the externship (which will coincide with the first week of law school classes), externs will attend an intensive training program designed to generally introduce them to the practice of criminal law in Montgomery County, and specifically to the role of an Assistant District Attorney. Each extern is then assigned to assist a Senior Assistant District Attorney (ADA) within one of our Trials Division Units (Major Crimes, Domestic Violence, Sex Crimes or Economic Fraud). Assignment, as much as possible, will be based upon the extern’s expressed interests. Each ADA works with closely with his/her extern to provide the best possible educational experience. Externs are given a wide range of prosecutorial responsibilities both in and out of the courtroom. Inside the courtroom, with direct supervision by the assigned ADA, externs represent the Commonwealth of Pennsylvania in criminal matters such as probation violation hearings, indirect criminal contempt proceedings, and summary appeals. Outside the courtroom, externs perform legal research, write briefs and other memoranda, meet with police, interview witnesses/victims, and perform case file reviews. Externs will be required to work at least twenty hours per week in exchange for seven academic credits (additional participation is encouraged, but not at the expense of scheduled classes). Each extern must also maintain weekly Time & Activity Reports, as well as a journal of his/her experiences, and are required to meet with an assigned law school faculty supervisor on a bi-weekly basis. For further information, please visit www.montcopa.org/da. Please note that there is no reimbursement for transportation costs, however the office is located a short walk from the SEPTA Norristown Transportation center. You may not enroll in this externship if you are enrolled in a clinical course or another externship in the same semester, or are responsible for 3 or more incomplete grades at the beginning of the semester. The add/drop period for this externship ends at 4:00 PM on the first Friday after the start of classes. Students who elect to use their enrollment in this externship toward their public service requirement will receive one less credit for this course.

Externship: District Attorney's Office - Phila

sem. hrs.

PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR EXTERNSHIPS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. PREREQUISITE: Students must have completed Evidence and have completed or concurrently be enrolled in Criminal Procedure: Prosecution and Adjudication or Constitutional Criminal Procedure. You will be REQUIRED TO ATTEND two all day training classes that will start approximately one or two weeks BEFORE classes begin for the Fall semester. Please see below for the fall dates. If you miss one or both of the training classes you can not enroll in this externship. Participants, after an intensive training program, and upon certification by the Pennsylvania Supreme Court, will appear in the Philadelphia Municipal Court to handle preliminary hearings in felony cases, pre-trial motions and trials in misdemeanor cases. Student experiences are closely supervised and critically analyzed. Mock presentations and evaluations are conducted throughout the course. Participants must possess the fortitude to litigate in court; students will be interacting not only with members of the judiciary before whom they appear, but also with opposing counsel, and witnesses and victims of crime, some of whom may be uncooperative. Successful participants need excellent interpersonal and communications skills, abundant self-confidence, an outgoing nature, flexibility, and an ability to maintain their composure under stress. While this local externship will require a minimum of 20 hours work each week, it is likely that in many weeks the work will require substantially more hours. Participants must be available: 1. on two full days to appear in court. 2. From 3:00 p.m. to 5:00 p.m. -- on the afternoon preceding each day in court to review case files with their assigned supervising attorney (e.g. from 3:00 p.m. Friday if court days are Monday and Tuesday). 3. to participate in a classroom component from 3:00 to 5:00 p.m. each Wednesday. 4. after each court appearance to complete their paperwork. This must be done before the student leaves the office and entails approximately 2 to 3 hours of very careful preparation. Students cannot miss the class meeting to finish this work. 5. Mandatory Orientation: All students MUST be available for 2 full days of Orientation about two weeks before the actual start of the Fall semester classes - for exact dates please see below. The Orientation is held at at the Philadelphia District Attorney's Office. You must bring your copy of the Pennsylvania Crimes Code. Dress code for this Externship is courtroom attire required at ALL times. Background Check. A background and/or criminal record check will be made. Students must complete a background form and submit two passport-sized photographs. Required Text. The required text is Crimes Code of Pennsylvania (Gould). Contact Rachel Mayover, rmayover@law.upenn.edu, to arrange for certification under Pennsylvania's student practice rule before the close of the first week of classes. You may not enroll in this externship if you are enrolled in another clinic or externship in the same semester, or are responsible for 3 or more incomplete grades at the beginning of the semester. The add/drop period for this externship ends at 4:00 PM on the first Friday after the start of classes. Students who elect to use their enrollment in this externship toward their public service requirement will receive one less credit for this course. Students must be available to meet for the classroom portion of this externship on Wednesdays from 5:00 P.M. – 7:00 P.M. Classroom portion will begin after the first two all-day (9:00 A.M. – 5:00 P.M.) Wednesday training sessions. Students MUST be able to attend both of the all-day training sessions on August 31 and September 7, 2011. Please do not register if you are unable to attend both of these training classes.

Externship: District Attorney's Office - Phila County

7 sem. hrs.

PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR EXTERNSHIPS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. PREREQUISITE: Students must have completed Evidence and have already completed, or be concurrently enrolled in Criminal Procedure: Prosecution and Adjudication or Constitutional Criminal Procedure. You will be REQUIRED TO ATTEND two all day training classes that will take place from 9:00 a.m. -5:00 p.m. on January 11, 2012 and January 18, 2012. You can find a full sylllabus for this externship on the Course Portal. Please email Rachel Mayover (rmayover@law.upenn.edu) for the dates. If you miss one or both of the training classes you can not enroll in this externship! Participants, after an intensive training program, and upon certification by the Pennsylvania Supreme Court, will appear in the Philadelphia Municipal Court to handle preliminary hearings in felony cases, pre-trial motions and trials in misdemeanor cases. Student experiences are closely supervised and critically analyzed. Mock presentations and evaluations are conducted throughout the course. Participants must possess the fortitude to litigate in court; students will be interacting not only with members of the judiciary before whom they appear, but also with opposing counsel, and witnesses and victims of crime, some of whom may be uncooperative. Successful participants need excellent interpersonal and communications skills, abundant self-confidence, an outgoing nature, flexibility, and an ability to maintain their composure under stress. While this local externship will require a minimum of 20 hours work each week, it is likely that in many weeks the work will require substantially more hours. Participants must be available: 1. on two full days to appear in court. 2. From 3:00 p.m. to 5:00 p.m. -- on the afternoon preceding each day in court to review case files with their assigned supervising attorney (e.g. from 3:00 p.m. Friday if court days are Monday and Tuesday). 3. to participate in a classroom component from 3:00 to 5:00 p.m. each Wednesday. 4. after each court appearance to complete their paperwork. This must be done before the student leaves the office and entails approximately 2 to 3 hours of very careful preparation. Students cannot miss the class meeting to finish this work. 5. Mandatory Orientation: All students MUST be available for 2 full days of Orientation that are to take place 9:00 a.m. - 5:00 p.m. on January 11 and January 18. The Orientation is held at at the Philadelphia District Attorney's Office. You must bring your copy of the Pennsylvania Crimes Code. Dress code for this Externship is courtroom attire required at ALL times. Background Check. A background and/or criminal record check will be made. Students must complete a background form and submit two passport-sized photographs. Required Text. The required text is Crimes Code of Pennsylvania (Gould Publications). District Attorney students should contact Rachel Mayover, Clinic Administrator, to arrange for their certification under Pennsylvania's student practice rule as quickly as possible but definitely before the close of the first week of classes. You may not enroll in this externship if you are enrolled in another clinic or externship in the same semester, or are responsible for 3 or more incomplete grades at the beginning of the semester. The add/drop period for this externship ends at 4:00 PM on the first Friday after the start of classes. Students who elect to use their enrollment in this externship toward their public service requirement will receive one less credit for this course.

Externship: Federal Appellate Litigation

sem. hrs.

PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR EXTERNSHIPS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. Penn Law School, in cooperation with Dechert LLP, a major national law firm, offers an innovative opportunity for students who are interested in federal appellate litigation to participate in an appellate clinical externship at Dechert's Philadelphia office. Students will work closely with attorneys from Dechert’s appellate practice to identify issues for appeal, conduct research, draft briefs, moot oral arguments, and, whenever possible, argue their assigned cases before the U.S. Court of Appeals for the Third Circuit (to the extent allowed by Third Circuit Local Rule 46.3 which permits students to argue civil rights and habeas cases on behalf of indigent prisoners). Under the supervision of Dechert Partner Cheryl A. Krause, in conjunction with the Penn Clinical program, students will participate in a 4-credit externship (requiring on average 12 hours per week from each student), gaining invaluable hands-on experience in federal appellate litigation. Should some (or all) of the students have their cases selected for oral argument in the spring term, they may, on an individual basis, be able to pursue independent study credit, if appropriate, for work related to preparing for and delivering their oral argument(s). This externship is only open to third year students since a student must complete four semesters before being eligible to make an appearance in the Third Circuit under the Court’s student practice rule. In order to be considered for enrollment, interested students must request the course on Penn InTouch during advance registration and then submit the following documents to the Registrar (with a copy to Rachel Mayover, Clinic Administrator, rmayover@law.upenn.edu) by Monday, August 8, 2011: i) a one page statement of interest, highlighting any appellate or other relevant courses or experiences, ii) a resume; and iii) a writing sample. These materials will be forwarded to the Dechert law firm which may conduct brief interviews before making final enrollment decisions. If selected, the Registrar will contact you directly and officially register you for the externship. You may not enroll in this externship if you are enrolled in another clinic or externship in the same semester, or are responsible for 3 or more incomplete grades at the beginning of the semester. The add/drop period for this externship ends at 4:00 PM on the first Friday after the start of classes. Students who elect to use their enrollment in this externship toward their public service requirement will receive one less credit for this course.

Externship: Lerner Fellow - Child Welfare Policy

sem. hrs.

The Field Center for Children’s Policy, Practice and Research is a vibrant collaboration of faculty, staff, and students from the University of Pennsylvania’s Schools of Social Policy & Practice, Law, and Medicine and the Children’s Hospital of Philadelphia. The Field Center brings together multidisciplinary scholarship, research, and advocacy in support of improving the overall well-being of children and making positive changes to the child welfare system. The Field Center’s new Alan Lerner Fellowship is a joint undertaking by The Field Center and Penn Law School. It is intended to provide valuable opportunities for a talented second or third year law student with a commitment to child advocacy work to engage with the Field Center on research and advocacy projects focusing on child welfare policy. The Fellowship honors the legacy of Professor Alan M. Lerner, a pioneer in child advocacy lawyering who directed Penn Law’s Interdisciplinary Child Advocacy Clinic until his untimely death in 2010. The Fellowship will afford the selected student an opportunity to work with an interdisciplinary team of scholars, practitioners, and graduate students at the Field Center on national public policy issues affecting the welfare of children. The Field Center expects that the chosen Fellow will take advantage of a vast array of available resources to analyze child welfare problems, report on their impact nationally and locally, and apply specialized training to propose solutions that may, if appropriate, entail systemic legal reform. Fellowship Details The Fellowship will extend for an entire academic year. Interested students must apply for the Fellowship before 9:00 A.M. on Wednesday, Sept. 7, 2011. The Fellow will be selected jointly by representatives of the Field Center and the Law School’s Clinical Programs. Upon successful completion of Fellowship responsibilities, the Fellow will be awarded four academic credits in the fall semester and two academic credits in the spring semester. The Fellow will be supervised by a full time member of the Law School faculty, working in close collaboration with a supervisor designated by the Field Center. The Fellow will engage in research and writing in an area of child welfare policy that is jointly agreed upon by the Field Center and the faculty supervisor, after consultation with the Fellow. The Fellow will meet with his or her faculty supervisor on a biweekly basis to discuss progress on the Fellow’s projects and to receive guidance in reflective learning from the fellowship experience. At or near the conclusion of the spring semester, the Fellow will be expected to present a final project report, detailing his or her project findings and proposed recommendations, to representatives of the Field Center and the Law School. The Fellow will also be expected to organize and take lead responsibility for a community symposium sponsored by the Field Center. The Fellow will be required to attend the Field Center’s weekly team meetings (held Wednesday’s from 3:30 to 5:00 pm at the Field Center), and to support and participate in a variety of related Field Center projects, such as identifying and tracking legislation of interest and participating generally in the activities and intellectual life of the Field Center. Though not required, the Fellow is encouraged to take a related class in the school of Social Policy & Practice, and will be given registration priority for this purpose to the extent permitted by institutional rules and requirements. The Field Center will provide the Fellow with a research account, in an amount not to exceed $500 per semester, which shall be for the exclusive purpose of reimbursing the Fellow for expenses reasonably incurred for necessary research, travel, and costs related to the work undertaken in the Fellowship. The research fund will be administered by the Field Center in accordance with its rules and requirements.

Externship: PA Human Relations Commission

7 sem. hrs.

PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR EXTERNSHIPS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. The Pennsylvania Human Relations Commission is the state agency responsible for enforcing the Commonwealth of Pennsylvania’s civil rights. The externship will provide the opportunity to perform legal research, writing, investigation, and litigation in the areas of employment discrimination, public accommodations discrimination, unfair educational opportunities, and housing discrimination, including: mortgage lending and predatory lending discrimination. The extern will be provided a wide variety of challenging legal tasks involving the Legal Division’s investigative and prosecutorial functions within the Commission. During the Commission’s investigative process, the extern will be involved in the drafting of complaints, attending fact-finding conferences, interviewing complainants, preparing subpoenas, responding to motions, and drafting legal opinions on a wide variety of topics. Furthermore, the extern will routinely review investigative case files to identify relevant facts and issues in the context of an analytical analysis of the evidence with the goal to determine whether unlawful discrimination occurred in any given matter. During the Commission’s prosecutorial process, the extern will be involved in all aspects of discovery and litigation for a number of cases on the Commission’s public hearing docket. In particular, the extern will assist the Commission attorneys in preparing interrogatories, requests for documents, subpoenas, stipulations of fact, and requests for admissions. The extern will also attend depositions, assist in witness preparation, assist in presenting cases at public hearings before administrative law judges or panel of commissioners and assist in preparing post-hearing and appellate briefs. The add/drop period for this externship ends at 4:00 P.M. on the first Friday after the start of classes. Students who elect to use their enrollment in this externship toward their public service requirement will receive one less credit for this course.

Externship: US Attorney's Office, Civil Division

7 sem. hrs.

PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR EXTERNSHIPS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. Student-externs will engage in and observe all phases of work of the civil "side" of the U.S. Attorney's Office. This will include both affirmative and definitive litigation on behalf of the federal government agencies and will likely involve the extern in discovery or trial-type proceedings. A security clearance must be obtained prior to the start of the semester's work. Obtaining a security clearance can take up to 6 weeks. Because of the amount of time it takes to get security clearance, if you enroll in this course, it is important that you not drop this externship. It would be unfair to other interested students for selected students to decide not to take it. The enrolled student will be notified immediately upon closing of advance registration and must start the security clearance process immediately. Security clearance screening will disqualify those who admit recent use of illegal drugs. Non U.S. citizens are not eligible for this externship. The add/drop period for this externship ends at 4:00 P.M. on the first Friday after the start of classes. Students who elect to use their enrollment in this externship toward their public service requirement will receive one less credit for this course.

Externship: Women's Law Project

4 sem. hrs.

PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR EXTERNSHIPS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. The Women's Law Project will provide students with an opportunity to work with the experienced lawyers on the Law Project's current and proposed litigation. The Law Project specializes in several areas of law, including reproductive rights, family law, gender-based discrimination in insurance, and violence against women. Externs will be under the supervision of the Managing Attorney. The Women's Law Project is a public interest law center devoted to improving the legal status of women and their families. It does high impact litigation, policy development, and systems advocacy on a broad range of issues. The add/drop period for this externship ends at 4:00 P.M. on the first Friday after the start of classes. Students who elect to use their enrollment in this externship toward their public service requirement will receive one less credit for this course.

FDA Law and Policy

3 sem. hrs.

This course will explore a variety of topics related to the Food and Drug Administration and its oversight of prescription drugs, medical devices and food safety. The FDA is a crucial federal regulatory agency, with authority over more than a quarter of the consumer products sold in the United States. We will discuss the history and basic approval authority of the FDA over food safety and therapeutic products, along with specific focus on a number of emerging developments. The class dynamic will be a mixture of Socratic teaching and more interactive legal and policy discussion, and I 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. My intention is to offer students a choice of evaluation methods, either a self-scheduled “take away” final exam or a 20-25 page research paper on an FDA topic of your choosing. I may revisit the paper option if class enrollment is larger than expected, and will announce any changes to the paper option during the add/drop period. A small fraction of the grade will be based on class participation throughout the semester. This is a 1L elective course and 1Ls will receive priority in enrollment.

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.

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.

Federal Income Tax

3 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 other advanced tax courses.

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; students who are not enrolled in the Law School will be strongly encouraged to take the course on a “pass/fail” basis if permitted by their home Schools or departments.

Feminist Legal Advocacy in the 20th Cent (S)

3 sem. hrs.

This seminar provides a historical perspective on feminist legal advocacy, with an emphasis on the years 1960 to 2000. Topics include campaigns for constitutional change; the articulation of new legal claims, such as pregnancy and family responsibilities discrimination, sexual harassment, affirmative action, and reproductive freedom; the relationship between feminism and other social movements, such as civil rights, gay rights, and conservatism; and gender and the legal profession. Students will have a choice of various paper-writing options. Additional requirements apply for students seeking to fulfill the senior writing requirement.

Fiction Writing About the Law (S)

3 sem. hrs.

Lawyers are paid to tell their clients’ stories. Being a good storyteller—understanding pace, characterization and narrative structure—is in some ways as important as understanding procedure or substantive law. One can gain legal knowledge from books, but storytelling takes practice. The first aim of this class, then, is to hone storytelling skills, to learn how to present a compelling narrative. But fiction teaches us more than just technique. A good story or novel challenges our sense of the world and of our part in it. What is it to be human? What makes people love or cease to love? What causes people to step over society’s limits, to step outside the law? Why do people invoke the law against others, and why do people dread and fear that law will be used against them? What is the meaning of this omnipresent human construct, and why does something that at its base is imaginary take on such a terrifying force in society? The second aim of this course is to expose students to the fictional answers offered by some published writers and, more important, to offer them a chance to think about and express their own conclusions about life. Third, knowledge of fiction—how it achieves its effects, what it aims for, how it succeeds or fails—is an important piece of general knowledge. It is my hope that this course will add to your enjoyment of reading novels and stories and so deepen the general education that is very important to lawyers if they are to fulfill their traditional role as members of a learned profession.

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. This class is offered for a grade only; there is no pass/fail option.

Financial Crises (S)

3 sem. hrs.

This course puts the ongoing financial crisis in comparative perspective. Case studies from Asia, Europe, Latin America and the United States help identify different kinds of crises, common policy and legal challenges presented by large-scale financial distress, and the factors affecting each government’s response. The course examines economic, political and legal constraints on government actions, the allocation of authority and avenues of accountability in crisis, the respective roles of national, foreign and international actors, and institutional design for crisis management.

Financial Crisis & Bailout (S)

3 sem. hrs.

This seminar will focus on the financial sector’s recent collapse, its precipitating conditions, and the federal government’s responsive actions, including legislative financial reform initiatives. The topics covered will include precedent financial crises here and abroad and patterns of governmental response; the systemic risk and moral hazard problems; the subprime loan, asset-backed securities, and credit default swap markets; Bear Stearns, Lehman Brothers, and AIG; the TARP and the bankruptcy alternative; and the economics of government ownership and resulting corporate governance problems, including regulation of executive pay. Students will be required to prepare short weekly papers responding to the week's reading. Class attendance will be mandatory.

Financial Distress (S)

sem. hrs.

In this seminar, we will explore the many dimensions of financial distress, with a particular emphasis on the legal and political mechanisms that are used to address it. We will begin by asking just what a bankruptcy law is, at least as understood by the Supreme Court in the nineteenth and early twentieth century. We then will consider personal bankruptcy, corporate reorganization, the resolution rules of the Dodd-Frank Act of 2010, the question whether states should be permitted to file for bankruptcy, and the current Eurozone crisis in Greece and elsewhere. In each context, we will discuss both theory and practical issues, working primarily with scholarly materials but also newpaper, magazine and literary accounts.

First Amendment in the 21st Century (S)

3 sem. hrs.

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

Foreign Relations Law

3 sem. hrs.

This course will examine the law governing the conduct of U.S. foreign relations. Structurally, we will study the respective roles of the President, Congress, and the courts in conducting and regulating foreign affairs. Substantively, we will cover topics such as war powers, treaties, executive agreements, and customary international law in relation to U.S. law. Grading will be based on a final exam (85%) and class participation (15%).

Foundations of International Law (S)

3 sem. hrs.

This course aims to investigate international law’s foundations and underlying normative structure. We will consider such topics as whether groups such as human rights organizations ought to have standing under international law; whether international law ought to apply to sub and super-national bodies such as militia groups, internal regions, and multi-national corporations; whether international law provides a legitimate constraint on the self-interested behavior of states or is just “politics by other means”; the role of human rights in the justification of international law; the conditions under which the international use of force may be justified; and other related issues. While many law students are exposed to questions from “general” jurisprudence (the basic “what is law?” question), and many will be exposed to “special” jurisprudential issues in specific areas such as tort theory or criminal law theory, there has traditionally been much less focus on foundational issues relating specifically to international law. This course seeks to remedy this deficiency. To this end we will consider both contemporary and classic sources dealing with these issues. There are no formal prerequisites for this course but some background in reading philosophical texts or international law will be useful. The course requires participation, especially being ready to discuss the assigned readings, a short presentation, and a seminar paper of roughly 25 pages. The textbooks are available at the PENN BOOK CENTER, across Sansom Street from the School. NOTE: This is NOT the University (Barnes & Noble) Bookstore.

Foundations of the U.S. 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.

Freedom & Responsibility Seminar (S)

sem. hrs.

The seminar will read two important new books that address problems of responsibility. 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.

Fundamental Concepts of Tax Law

3 sem. hrs.

This course is the ultimate tax prerequisite. There are no prior requirements. It begins in 1901, twelve years before the Constitution authorized an income tax; and a lawyer assigned on-half of his future earnings to his wife. The course concentrates on decisions (most of them by the Supreme Court) that regardless of subject have determined the thinking and vocabulary of tax law. It therefore deals with concepts that tax law must use regardless of how the rules change: who owns property; who owns income; and when and why they own it. This means looking at whether transactions should be considered together or separately; the contexts in which form or economic reality substance prevails; and the surprising number of Supreme Court tax cases that deal with the definition of simple words like interest, trade, business, gift and sale. Those cases are far more often cited than read or analyzed. Yet they shape tax law in ways that a computer search cannot evaluate, and they are best read as an organized whole. Members of last fall's class at NYU told me that interviewers frequently ask about this course and then want to discuss it.

GRS: Comparative Telecommunications - US/EU (S)

sem. hrs.

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

GRS: Insolvency Law in US & Japan (S)

3 sem. hrs.

2010 Global Research Seminar—Globalization of Corporate Governance: Italy and the European Union (Skeel) – W 4:30-6:30 The Spring 2010 seminar, led by David Skeel, will consider the foundations of contemporary corporate governance through an intensive study of Italian corporate governance and Italy’s place in the overarching structure of the European Union. The first half of the semester will consist of readings in the history of Italian corporate governance and bankruptcy; corporate governance theory; the emerging role of E.U. regulation; and the implications of the current financial crisis for Italian and European securities markets and finance. The class will then conduct hands-on research during a 10-day visit to Rome and Milan over Spring Break, where students will meet with the Milan Stock Exchange, Consob (the Italian securities regulator), and other government and private sector experts. The principal work product for the class will be a report commissioned by one or more of the Italian regulatory agencies. Registration will be capped at 12 students. Registration Deadline is Monday, November 30, 2009. In order to be considered, you must be a 2L, 3L, or LLM student who is able to spend ten days in Italy this March, overlapping with Penn Law’s Spring Recess. Registration will be competitive and require the following additional materials be sent electronically to Claire Wallace – cwallac2@law.upenn.edu by 4:30 p.m. on Monday, November 30: 1. Cover Letter addressed to Professor David Skeel 2. Resume 3. Writing sample (no more than five pages in length; it can be a part of a larger writing sample, if desired). Enrollment decisions will be made by Monday, December 14. If you are selected to enroll, the Registrar’s Office will add the seminar to your schedule.

GRS: Islamic Finance (S)

4 sem. hrs.

This course will explore contemporary Islamic finance (commerce and finance in accordance with the principles and precepts of Islamic shariah law) from a transactional vantage and with particular emphasis on structuring financial transactions and products. As part of the course, students will travel over the University’s spring break to Malaysia to meet with the Malaysian central bank (Bank Negara), the Islamic Financial Services Board (ISFB), and private sector firms and companies that are at the center of designing, implementing and overseeing the financial services products that are shaping Islamic finance now and in the coming decades. Since the earliest days of modern Islamic finance, Malaysia has played a leading role and its firms and regulators have collaborated to develop the most progressive tools in order to build important bridges between conventional and Islamic investors. In this Global Research Seminar, students will have an unparalleled opportunity to meet with the architects of these products and examine in depth the legal, religious, economic and cultural forces that underlie their design with those who are using them and regulating them on a daily basis. This course is well-suited for students who are expressly interested in Islamic law, financial markets, or transactional practice. Students will gain considerable appreciation for how financial products and transactions designed in compliance with shariah law are gaining traction not only in the Muslim world but also beyond, especially in the United States and Europe. The course is oriented towards students who are interested in transactional practice (whether Islamic, traditional or a combination of both) and is built around case studies of the structures in current use in the industry. The case studies are taken from numerous jurisdictions around the world. Goals of the Course: The course will: (a) introduce principles and concepts that need to be considered in Islamic finance and investment transactions in different jurisdictions; (b) generate awareness of the legal, business and religious issues that arise in those transactions in different jurisdictions and in different transactional environments; and (c) introduce techniques and methodologies for resolving those issues in a manner that accommodates all of the parties to the transaction and their respective risk appetites. Prerequisites: Many students have questions as to the degree of finance knowledge that is necessary as a prerequisite for this course of study. Our response has been that little or no finance background is necessary, although it is helpful. We will discuss the necessary finance principles, both interest-based (conventional) and shariah-compliant as we progress through the material. Grading and Evaluation: We anticipate that the principal deliverable for this course will be a take home exam in which the students will be asked to design a new financial product in a complex situation that is consistent with shariah principles and to discuss the business and legal issues that such a product creates. Class participation will count. Eligibility and Selection of Students: In order to be considered for the seminar, you must be a 2L, 3L, or LLM student who is able to spend ten days in Malaysia in March 2012, overlapping with Penn Law’s Spring Recess. Registration will take place in November in conjunction with registration for spring term classes. We anticipate that it will be competitive and requires the following additional materials to be sent electronically to Claire Wallace – cwallac2@law.upenn.edu by 5 pm on November 13, 2011: (i)Cover letter addressed to Professors Michael Knoll and Michael McMillen explaining your interest in the course (ii) Resume (iii) Transcript You should also list this class as your first primary request during advance registration.

General Counsel (S)

3 sem. hrs.

Over the last 25 years, one of the dramatic changes in the practice of law has been the exponential growth of the corporate legal department and the mobility of lawyers from one law firm partnership to another at a rate that was previously unthinkable. These two trends are both directly related to the rise of the General Counsel as a driving force in the evolution of the legal profession. The General Counsel Seminar will consider topics from areas including White Collar Crime, Corporations and Securities law among others. The course is designed to appeal to upper-level students who are interested in working in-house in either a private, non-profit or public organization or at a law firm with corporate or institutional clients, or as a regulator or prosecutor. It will also appeal to students who are interested in the evolution of the practice of law. In short, it should appeal to just about everyone. Topics will include: corporate criminal liability, the management of internal investigations, insider trading and securities fraud, obstruction of justice, attorney-client privilege in the corporate and international context, corporate governance and the oversight role of the Board of Directors, Foreign Corrupt Practices Act, RICO, Sarbanes-Oxley and the evolution of the lawyer as “Gatekeeper,” sentencing guidelines for organizations, the role of the auditor, litigation and contingency disclosures in SEC filings, and issues in public company compensation among others. The General Counsel must serve many distinct stakeholders and wear many distinct hats including: counselor and advisor, advocate, department manager, and ombudsman/inspector general to name a few. This course will explore the breadth of issues that come across the General Counsel’s desk. In addition, it will give insight into the analytical and practice challenges of resolving the conflicts created by simultaneously wearing different hats and serving different masters. The course will be conducted in a seminar format. Students will be evaluated based on a final paper and meaningful class participation. LLM students need the approval of the instructor.

Giles S. Rich Patent Law Moot Court Competition

sem. hrs.

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

Global Governance (S)

sem. hrs.

This seminar will explore the governance of the international system and the ways in which states address collective problems and challenges of the global commons. Drawing on my recent experience advising Secretary of State Hillary Clinton on global governance, the seminar will explore a series of global challenges and the often-inadequate responses states have developed to solve those challenges. Topics will include: collective security and peace keeping, global warming, the proliferation of weapons of mass destruction, economic conflagration, development cooperation, and energy and resource scarcity. We will examine the benefits and drawbacks of a number of methods of regulation and governance including traditional international law making, formal international institutions (such as the UN Security Council), informal groupings of states (such as the G8 and G20), unilateral action, leadership by non-governmental organizations, networked governance, and non-traditional forms of global regulation. Readings will be posted to the course portal on a weekly basis and the syllabus will evolve based on student interest. Students will be expected to undertake and present a research paper on a relevant topic of their choice.

Globalization and Domestic Courts (S)

3 sem. hrs.

In this seminar, we will learn to understand the new role that domestic courts play under globalization, and we will try to determine how domestic courts can best respond to the new demands placed on them. In order to do so, we will read writings by legal scholars and political scientists, as well as judicial opinions. We will look at specific phenomena of globalization—global cartels, transnational Internet defamation, the proliferation of human rights, global terrorism—and analyze how domestic courts have dealt with them, and how they should have. We will look at the special role international law has for domestic courts, including the question of what effects decisions by the International Court of Justice have, and to what extent domestic courts act as enforcers of international law. The course is structured by going back and forth between the discussion of specific case studies and the elaboration of broader themes linked to these. In the end, we should have a clearer picture of domestic courts as participants in global governance. Weekly reaction papers will make sure everyone comes prepared to discuss; individual students will be asked to introduce the materials in different sessions. Evaluation consists of a mix of reaction papers (25%), class participation (25%) and a final paper (50%), written in teams of two (unless class size is very small). There is no exam. Students unable to attend a session need to inform me in advance. More than two missed classes without good reason will lead to failure of the course.

Guantanamo Litigation (S)

3 sem. hrs.

The course examines the history of the litigations filed by the detainees at Guantanamo Bay and, in doing so, explores the principal legal issues involved, including the applicability of law-of-war principles to the current struggle against international terrorism, the reach of constitutional protections to aliens beyond our boarders, the importance of habeas corpus as a check on executive detention and on the authority of the political branches in general, and the inter-play between habeas corpus and the individual protections in the Bill of Rights. The course will also examine certain practical issues of lawyering, including the importance of thinking strategically and creatively, the role lawyers can play in the legislative process and the use of the press to affect decisions. The class will be taught in a participatory format relying on the Socratic Method. At least one and perhaps two writing assignments will be required.

Guantanamo Litigation Seminar (S)

Health Law

3 sem. hrs.

This course will examine the regulatory environment that surrounds the United States health care delivery and financing systems. It will explore how statutes, regulations, common law, and market forces help or hinder three major goals of policy makers: increasing access, reducing cost, and improving quality. Specific topics will include the regulation of health care quality, anti-fraud and abuse laws, the law and policy of health information technology, and health care reform. (While our discussion of health care regulation will necessarily touch on ethical questions, the course will not focus on bioethical issues; nor will it address pharmaceutical or medical device regulation.) Casebook readings will be supplemented by government publications, policy materials, and Atul Gawande's book, Complications: A Surgeon's Note on an Imperfect Science. Evaluation will be based on exam and class participation.

Health Law and Policy (S)

3 sem. hrs.

This seminar will discuss and apply methods from health economics to analyze the relationship between laws, health behaviors, and health outcomes. We will examine scholarly works from the legal, economic, and medical fields. Topics will likely include the social determinants of health, health disparities, the obesity epidemic, malpractice liability reform, regulation of risky behaviors, and healthcare costs. No prior knowledge of economics or statistics is assumed. Weekly discussions, an oral presentation, and a final research paper are required.

Health Law, Economics and Policy (S)

3 sem. hrs.

This class will briefly discuss the basics of health economics and the use of empirical methods to isolate the causal effects of laws on individual behavior and health outcomes. We will then analyze a host of current issues in health policy, including the effect of insurance coverage on health, the determinants and the effects of the rise in obesity in the developed world, and what drives the explosion of healthcare costs in the U.S. No prior training in economics or statistics is required. Students will be evaluated on the basis of a written paper.

Human Rights Lawyering in the 21st Century (S)

3 sem. hrs.

This seminar will introduce students to human rights lawyering in the present day, grounded in the historical development of human rights law and contemporary case studies. The seminar will also look at the role critical theory has played and continues to play in shaping the development of human rights. In addition to examining the law and theory underlying human rights movements and advocacy, the seminar will provide students the opportunity to critically examine the practice of human rights law through simulated and actual human rights research and advocacy projects. Students will engage in research, writing and strategic planning, and the drafting of advocacy documents, and will have the opportunity to work in collaboration with different partner organizations in doing so. There are no prerequisites, though an introductory course in international law would be beneficial. Class participation is mandatory. In lieu of mid-term or final examination, students will complete a final project of their selection, with supervision and guidance provided by the professor and fellow classmates.

IP & Corporate Lawyering (S)

sem. hrs.

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

Immigration Law

sem. hrs.

This course explores immigration policy and provides a comprehensive overview of the legal framework that regulates the admission and deportation of aliens in the United States. The course begins with a brief review of the history of immigration in the United States, a discussion of the morality of immigration restrictions, an analysis of the economic effects of immigration, and an examination of the constitutional basis for the federal government's power over immigration matters. The course then covers the existing categories of visas, the statutory provisions that can trigger exclusion or deportation, the issue of unauthorized immigration, and the constitutional law regarding restrictions on immigrant access to public benefits. The course explores the constitutional rights of aliens and the corresponding limits to the federal immigration power, including those arising from the First Amendment and from the Due Process Clause.

Insurance Law

sem. hrs.

This is a survey course designed to introduce students to insurance institutions and insurance law, with the ultimate goal of understanding the role of insurance in society. Liability, health, and property insurance will receive the most attention, but we will also discuss life and disability insurance. After taking this course, students will know how to read and analyze a standard form insurance contract, how to work with insurance regulatory materials, how to spot the insurance issues in a wide variety of legal and public policy contexts, and how to think about insurance related issues using conceptual tools from a variety of disciplines. Cross-cutting themes of interest include the behind the scenes role of insurance in shaping litigation strategy, the role of insurance in financial planning, and the promises and pitfalls of using private insurance arrangements to achieve social goals.

Intellectual Property and National Econ Value Creation (S)

3 sem. hrs.

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

Intellectual Property: Trademarks

sem. hrs.

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

Intention & the Law (S)

sem. hrs.

In this seminar we will explore the role of intention in the law. We will discuss the relevance of intention to culpability, responsibility and legal liability in different parts of the law. Areas of the law we will study from this angle include contracts, torts, criminal law, corporate law, employment law and constitutional law. Students will present a short paper in an assigned week and submit a final paper on an approved topic on the last day of class.

International Business Transactions

3 sem. hrs.

This course provides an overview of the legal issues—domestic, foreign, and international—that arise when U.S. companies do business abroad. Transactions discussed include export sales, agency and distributorship agreements, licensing, mergers and acquisitions, joint ventures, privatization, project finance, and foreign government debt. The course also covers U.S., foreign, and international regulation in such areas as antitrust, securities, intellectual property, tax, and foreign corrupt practices. The course does not cover U.S. rules on import restrictions or W.T.O. matters.

International Civil Litigation

3 sem. hrs.

This course is an introduction to litigation in U.S. courts in cases involving foreign parties. The topics to be considered may include: personal jurisdiction over foreigners; forum non conveniens and other forum selection issues; discovery of evidence located outside the United States; foreign sovereign immunity; the extraterritorial application of U.S. laws, including the antitrust and securities laws; the Act of State doctrine; and the enforcement of foreign judgments. The objective of the course is to familiarize students with special procedural and substantive issues that arise in international cases.

International Commercial Arbitration (S)

3 sem. hrs.

This seminar provides an introduction to the theory and practice of international arbitration. The seminar is intended to introduce students to both the theoretical questions surrounding international arbitration and the hands-on issues of the practice of international arbitration. The seminar covers both international commercial arbitration and the growing field of investor-state arbitration. The professors are both practitioners who will draw on their US and international experience. The seminar begins with an introduction to the field of international arbitration, including the nature of the arbitration agreement, efforts to compel arbitration and the recognition and enforcement of arbitral awards in US courts. The seminar then proceeds to address a range of specific topics in international arbitration, such as arbitral jurisdiction, the Federal Arbitration Act, the arbitral process and hearing itself, the actors in international arbitrations, interactions between arbitral tribunals and national courts and three classes on investor-state arbitration. If time permits, there will be a mock arbitration. Students will be required to write (less than 1 page) briefing papers for at least 5 of the classes. The papers will be discussed in class. In addition, students must write one long paper for the semester on a topic to be agreed with the professors. This paper should be a maximum of twenty pages (double-spaced). The paper will be due at the end of the semester and is eligible to meet the Law School Written Work Requirement. There will be no final examination. A strong attendance record and class participation are essential. There are no formal prerequisites for the class.

International Communication: Power & Flow (S)

sem. hrs.

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

International Environmental Law

3 sem. hrs.

The course will focus on the development of international law, institutions, and regimes that respond to international environmental problems. Topics will include transboundary air pollution, ozone depletion, climate change, whaling, and fisheries conservation. The course will begin with introductions to economic and ethical issues in environmental law, to the sources of public international law, and to the problem of making that law effective. The course will also examine how international trade law and institutions, including the World Trade Organization, affect efforts to protect the environment.

International Finance

3 sem. hrs.

In 1970, 90% of international transactions represented trade in goods and services. On the eve of the latest financial crisis, up to 90% of international transactions reflected movement of capital unrelated to trade. This course examines the evolving legal regime that governs cross-border capital movements in the wake of the crisis. We will consider current issues in international finance from the transactional, regulatory, and policy perspectives – reflecting the different functions of the law in this area. Beyond basic legal concepts relevant to international banking, securities and currency markets, we will address topics including crisis response, international institutions, government debt, foreign assistance and microfinance. The syllabus assumes no prior background in finance, economics, banking or securities law. It includes an overview of selected national and international legal systems for international financial transactions, and the policy environment in which they take place.

International Human Rights

sem. hrs.

This course traces the dramatic rise of the individual as a subject of international law in the post-World War II era; specifically, as a beneficiary of fundamental rights recognized, protected and enforced directly by that system of law. It begins by laying historical foundations, showing how the individual was formerly treated as no more than a mere appendage of his/her State, and then considers the transformation effected by the United Nations Charter (1945), the Universal Declaration of Human Rights (1948) and two International Covenants (1966). The evolution of specific areas of human rights will be considered, eg, civil and political rights, elimination of racial discrimination, elimination of discrimination against women, freedom of religion, elimination of torture, children’s rights, etc. In each case, three "eras" will be traversed: (a) that of general principles, in which the notion of the rights emerges at the general level; (b) that of specificity, in which the content of the rights takes shape and is defined; and (c) that of enforcement, in which the international legal system seeks to give practical effect to the rights it has recognized, at the national, regional and international levels. Consideration will also be given to exceptions to human rights principles, and possible derogations from them, where tensions arise at the interface of human rights and national security interests. Videos will be shown in class, dealing with the creation of the Universal Declaration, the struggle for human rights in Guatemala and Czechoslovakia, a tribunal established by NGOs to highlight abuses suffered by women, the effect of the Children’s Convention and a contemporary trial arising in the context of the former Yugoslavia. The essay exam will be an open-book takeaway. Students may opt to write a paper (with Professor Reicher's permission) in addition to the exam. Such papers will count as 60% of the course's grade (with the takeaway exam constituting the other 40%) and may be considered for Senior Writing. Class participation may be taken into account to improve a student's final grade.

International Tax

3 sem. hrs.

This is an introduction to U.S. taxation of U.S. and foreign persons engaged in international activities. Topics will include the scope of U.S. taxing authority, tax treaties, source of income issues, transfer pricing, foreign tax credits, anti-deferral rules, etc. The goal of the class is to provide an overview of the relevant law, giving due respect to its complexity and the policies underlying it, and to identify and wrestle with the types of issues that frequently arise. A basic tax class is a prerequisite for this course. Classes may be made up. No classes will be recorded.

International Trade Regulation

sem. hrs.

This course is a comprehensive introduction to the legal framework for U.S. and international regulation of international trade in goods. The course will include: a brief introduction to the economics of trade; an examination of the World Trade Organization (WTO), the General Agreement on Tariffs and Trade (GATT), and related instruments; and an analysis of U.S. laws providing relief from unfairly traded imports, including the antidumping and countervailing duty laws, and of U.S. laws providing for other restrictions on imports, such as safeguards.

Intl Human Rights Law in Islam: A Case Study of Middle East (S)

3 sem. hrs.

At the dawn of a new century, the human rights issue has assumed an international significance, shaping legal and political relations among nations. The interdisciplinary nature of human rights effects on the cultures and norms of different religions and regions including Islam and Middle East attract more attention to this issue. This course attempts to examine the established human rights norms and standards with a view toward laying down the foundation of human rights and its underlying cultural conditions. Such foundations are ultimately needed for enforcement of and compliance with human rights norms. To this end, several key concepts will be investigated to better understand human rights generation, including universalism, cultural relativism, humanitarianism and regionalism. We shall examine several key mechanisms of human rights, including international and regional human rights instruments, the Islamic Declaration of Human Rights and the universality of human rights, as they relate to human rights, women's rights and international criminal law regarding international and Islamic standards. Each student enrolled in the seminar must 1) select a case study, topic, or an issue in contemporary human rights, upon consultation with the instructor, early in the semester and 2) determine his/her approach and the effectiveness of national, regional or international law in protecting human rights. The research will include submitting a paper (l5-20 pages) and class presentation. The seminar will meet for ten weeks, and the remainder of the time will be spent on conducting research. A student wishing to satisfy the law school’s Senior Writing requirement may do so by preparing a longer qualified paper.

Intro to IP Law & Policy

3 sem. hrs.

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

Introduction to Comparative Law

3 sem. hrs.

This course interweaves three components. The first is an overview of the legal traditions of the world, with particular emphasis on what is called the civil law tradition, but with a perspective also on Islamic law and on non-state law and legal pluralism. ("macrocomparison"). The second is a detailed comparison of the law in selected areas ("microcomparison"). The third, in some ways the most important one, is the question how we can actually understand, and even make use of, foreign law. This third component involves a bit of theory, but the theory will always be linked to concrete questions and examples. There will be a mid-term in class examination (30%) as well as a final examination (70%).

Introduction to Jurisprudence

3 sem. hrs.

The first half of the course will provide an introduction to the main currents of thought about the nature and function of law. It will consider, among other things, the classic problem of the source of law’s authority, exploring whether an unjust law is still a law, and whether law does or ought to bear a close relation to morality. Should Nazi officials or East German border guards be punished if they were “just following orders”? What about the judges who enforced the implementation of such laws? Do the conclusions we would reach in the foregoing contexts apply to the conduct of Americans in dealing with suspected terrorists or other detainees? We will consider the divergent answers to these questions suggested by the work of J.L. Austin, H.L.A. Hart, Ronald Dworkin, Joseph Raz, and others. After addressing these traditional jurisprudential inquiries, we will turn to a more recent philosophical inquiries in philosophy of law. What is the justification for punishment and how do the various debates in this area play out in specific controversial cases? Is torture ever permissible, whether as part of a scheme of punishment or as part of a system of law enforcement? Is targeted killing a permissible part of just war theory? What should be our stance to government officials who violate the law? As we shall see, each one of these applied topics divides into deontologial theorists, on the one hand, and utilitarian, or economic, theorists on the other. We will raise the question of whether these two theories exhaust the possible moves one might make on these various topics, or whether other approaches, such as a contractarian approach, are viable options. The course will require a final, take home exam, as well as attendance, preparation and participation in discussion. The latter will count towards roughly 10% of students’ grades. This is a 1L elective course and 1Ls will receive priority in enrollment.

Islamic Finance

2 sem. hrs.

This course will explore contemporary Islamic finance from a transactional vantage and with particular emphasis on structuring financial transactions and products. Islamic finance will be examined both as an application of Islamic religious law and ethics (shari’ah) and as an effort to create and operate a shari’ah-compliant economic system without interest payments and receipts and based upon a compliant risk-reward paradigm that maintains expected returns for the transactional parties. We will examine some of the core principles of the shari’ah and the methodology by which shari’ah compliance is determined (Shari’ah Supervisory Boards and the issuance of rulings (fatawa)). As a base, we will examine certain principles and precepts of shari’ah and the classical contractual and legal forms that have been approved as being shari’ah-compliant. Our paradigm will be the study of recent Islamic finance transactions in different financial categories and markets. As examples, we will consider, among other structures: (a) lease (ijara) structures in real estate acquisition financings, construction and development financings and private equity transactions; (b) commissioned construction and manufacture concepts (istisna’a) in real estate construction and development transactions and project financings; (c) murabaha (sale at markup) arrangements pertaining to trade finance and working capital facilities; (d) partnership (musharaqah) arrangements in acquisition financings, construction and development financings and project financings as well as more conventional joint venture arrangements; (e) arboon (sale with downpayment) structures as they pertain to hedge fund activities, particularly short sales and options trading; (f) rahn (pledge and mortgage) and adl (trusted person) concepts as they apply to project financings and collateral security structures; (g) Islamic bond and securitization (sukuk) structures used in project finance, municipal finance, corporate finance and the capital markets; and (h) international investment fund structures used for Islamic finance, including associated tax considerations. In light of market realities, we will also consider conventional Western equivalents to certain shari’ah-compliant financial structures.

JD/MBA Capstone (S)

3 sem. hrs.

This is a required course for JD-MBAs in the final year.

Jewish Law

sem. hrs.

Law and Ideology: Trends in the Development of Jewish Law in Light of Re-emerging Jewish Sovereignty. Visiting Professor Arye Edrei In this mini-course we will examine the reactions of Jewish Law to the Halakhic questions that arose as a result of the Zionist settlement in the Land of Israel and of the establishment of the State of Israel. These events created a dramatic change in the very nature of Jewish society, the population that Jewish Law attempts to legislate. The necessity of a legal system to react to such critical changes in the circumstances of its target community always provides an excellent opportunity to study the ways and means by which it functions. Jewish Law developed and functioned for many centuries in the Diaspora within small communities that were part of a larger community with a non-Jewish majority. Moreover, the Jewish community was characterized by the absence of political sovereignty and power. These facts had a far-reaching effect on its nature, and resulted in the development of Jewish law as a legal system that only addressed the needs of a minority society, which could in many aspects of life rely on the majority. Accordingly, despite its self image, Jewish Law could not function by the end of the 19th century as a normative system for a comprehensive society, and was certainly not prepared to guide a sovereign community. With the creation of the State of Israel, the social and political changes in the nature of Jewish society posed a tremendous challenge for the Halakhic authorities, unprecedented both in substance and scope. Agriculture, industry, health and other domains had to be maintained without reliance on non-Jew. Jews could no longer avoid taking responsibility in numerous fields, and could not refrain from dealing with a variety of societal issues, such as the ethics of war, guidelines for medical research and health care, provision of essential services, and the attitude toward non-Jewish minorities. We will focus on the reaction of Jewish Law to this new reality. Halakhic authorities responded to these new questions with decisions that are diverse and contradictory. Often these conflicting decisions reflected a deeper divergence in ideological outlook, personal background, and the historical circumstances in which the halakhic authority operated. We will examine how these factors impacted upon halakhic decision-making, and the significance of this influence. We will explore the ways in which new problems were solved by the re-reading and re-interpretation of classical and authoritative texts. Aside from the theological-ideological perspective, and the historical perspective, we will pay primary attention to the legal tools that were utilized and incorporated in Jewish Law to face such challenges. A central focus will be the way in which a minority community utilized the law to redefine itself as a majority community. The principle perspective of the discussion will relate to the internal halakhic discourse, and will deal only marginally with the degree to which the State of Israel adopted the Jewish legal debate. We will devote the first class to an introduction, an overview of the Jewish world and Jewish law at the end of nineteen century. Each subsequent class will be devoted to debate over the manner in which a specific normative area should be revived. Students enrolled from outside of the Law School have the option of taking this course for 1 c.u. with completion of an extra assignment.

Jurisprudence and Constitutional Theory (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.

Juvenile Justice Seminar (S)

sem. hrs.

How are juvenile offenders treated differently from adult offenders? To what extent should they be? These questions provide the focus for examining how the state treats the "aberrant" behavior of children. Students will be introduced to the legal, social, and historical underpinnings of the juvenile justice system in the United States beginning with founding of the juvenile court in 1899 and then-held assumptions about the nature of childhood. We will examine how in the late twentieth century the juvenile court has undergone both ideological and institutional change from its original form. These shifts in theory will be outlined with specific attention to several U.S. Supreme Court decisions that have significantly affected juvenile court, as well as psychological and social science data that have a continuing impact on juvenile court practice and jurisdiction. Throughout the course, students are invited to consider and imagine a future role for the juvenile court as it goes forward. Each class will be co-taught by two adjunct professors who are practitioners in the filed of children's law with particular emphasis in juvenile justice. During the last five classes, weekly reading assignments will be developed by student led teams, who will work with the professors in advance to select appropriate topics, relevant caselaw or other materials, as well as appropriate videos. Student teams will be responsible for leading class discussion on their designated topic. Each student is expected to complete a paper of approximately 10-15 pages in length, on an aspect of the juvenile justice system, as well as short reaction papers and legislative drafting exercises throughout the course. The topic of the paper must be approved by one of the course instructors. Students wishing to satisfy the law school's writing requirement must notify one of the instructors by the fourth week of class.

Keedy Cup Preliminaries

1 sem. hrs.

The Law School's intramural moot court competition, the Edwin R. Keedy Cup Competition, begins with the Keedy Cup Preliminaries, a voluntary competition among second-year students during the Spring Term. Students brief a pending United States Supreme Court case and argue the case before a panel of faculty members and local practitioners. Twenty-two semifinalists are chosen after the first round of argument. Competitors receive one academic credit for their work. Appellate Advocacy is not a prerequisite. The case will be distributed by the Moot Court Board in early February, and participants will have three weeks to write their briefs. You must register to access the problem case when it is posted to the course portal. Drop/add ends two days after the problem case is distributed.

Land Use Law

3 sem. hrs.

This course explores the relatively young and evolving field of land use law, seeking to understand the theoretical basis for such regulation, the effects (intended, unintended or perhaps unconsciously intended) of such regulation and the practicalities of land use and development within the legal framework. Among the major issues this course will examine are: the law of zoning, the constitutional constraints on land use regulation, and the establishment and enforcement of subdivision and land development controls, and other development regulations. The course will examine several current topics in land use regulation, including exclusionary zoning, environmental justice, smart growth, and historic preservation. Students will approach these questions from both theoretical and practical vantage points, and will be required to conduct research on how land use regulations are implemented in "real world" situations.

Law & Econ Reform in Contemporary China (S)

3 sem. hrs.

For nearly a quarter-century, China has been engaged in a sweeping, if fitful, process of market-oriented economic reforms that have made the Chinese economy one of the largest and fastest growing in the world. From the beginning of this period, legal reforms have been high on the political agenda and have played a central role in these economic developments. After a brief survey of classical and other pre-1949 Chinese thought on law and the economy, major Western theories of law and economic development and regulation, and pre-1978 economic law and regulation in the People's Republic, the course examines in greater depth selected topics in reform-era economic law, such as: contract law, management reforms, taxation and financial reforms, bankruptcy and ownership reform, company law, "economic crime" and corruption, administrative law constraints on economic regulation, institutions of economic legislation, and the special regimes for foreign trade and investment (and related issues of international law and U.S. foreign relations law).

Law & Society in Japan

3 sem. hrs.

Through an examination of law and legal institutions in a non-Western setting, this course emphasizes the complex relationship between law, culture, politics and economics in advanced industrialized democracies. A special feature of the course in spring 2012 is that it will be co-taught with Bok Visiting International Professor Hideki Kanda, University of Tokyo, Japan's foremost corporate law scholar, In addition to devoting two weeks to cutting edge issues in corporate law, we will also look broadly at debates involving constitutional and criminal law, as well as more specific legal conflicts involving women’s rights, smoking, the March 11 earthqake/tsunami/nuclear meltdown, and a variety of other issues. The course reader consists of articles by legal academics, anthropologists, political scientists, sociologists and other scholars; translated cases and legal documents; and historical materials. In addition, we will view several films that offer a valuable perspective on Japanese law and society. There are no prerequisites for this course, and students with no background in Japanese or Asian studies are welcome. This is a 1L elective course and 1Ls will receive priority in enrollment.

Law and Economics

Law and Economics Seminar (S)

3 sem. hrs.

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

Law and Literature (S)

3 sem. hrs.

This course will explore the connections between law and literature, concentrating on images of law and lawyers in fiction. We will examine how literature can challenge our assumptions about the law, providing a critical distance and alternative language for thinking about such issues as the meaning of justice and obedience to law. We will also consider how literature can familiarize us with perspectives and experiences sometimes missing from standard legal texts, the lessons literature teaches about the roles and lives of lawyers, and how lawyers can use the language and devices of storytelling in their own work. The reading for the course will be heavy (but enjoyable) and will include novels, short stories, articles, and essays. The class may also view films outside the normal class time. Consistent class participation and attendance are required. Students will write 8 reflection papers. Most of these will be brief (2-3 pages), but two will be longer (5-6 pages). With the permission of the instructor, a 20-page seminar paper may be written in lieu of four of the papers to fulfill the senior writing requirement. Students will also work with a partner to prepare discussion questions for one of the classes. Drop/add for this seminar will end on Friday, January 13. If you are on the waitlist and hope to add the class, please attend the first session unless you have a direct conflict.

Law and Morality of War (S)

sem. hrs.

This seminar offers an in-depth examination of recent debates in just war theory, as well as a series of readings designed to test this theory in application to the dilemmas of modern warfare. On the moral side, we will consider different arguments for the permissibility of killing or inflicting injury in war, examining the limitations each theory would impose on conduct in war. We will seek to compare the justification for violence in war with the justification for violence in domestic law enforcement. Having explored the theory of just war, we will then consider the law of war, and seek to evaluate its basic tenets against the background of the best theory of its morality. We will then consider several important dilemmas of modern warfare as they arise in the war on terror. What are the limits of permissible methods of interrogation? What techniques constitute torture, and what is the morality of its use in dire circumstances? To what extent is the practice of targeted killing permissible? What is the extent of the duty to attempt to capture suspected terrorists before targeting them? Is it morally and legally permissible to engage in targeted killing by way of aerial drones? Is it permissible to engage non-military contractors for the sake of conducting such operations? Finally, we will consider whether government actors or those assisting government operations who violate basic rules of war should be held criminally liable for their actions, and if so, what the extent of their liability should be. Course Requirements: One seminar paper, 20 – 25 pages in length and several short written assignments (1-2 pages) throughout the semester commenting on key readings or on papers of guest speakers. Grade for the course will be based on the seminar paper (80%) and on class participation (20%, including short written assignments). Undergraduates must obtain permission of instructor to register.

Law and Politics of Racial Affirmative Action

3 sem. hrs.

In "The Law and Politics of Racial Affirmative Action" I will (1) describe racial affirmative action; (2) elaborate the arguments for and against it; (3) evaluate its consequences and discuss its place in the evolution of American race relations;(4) assess courts' handling of the affirmative action controversy; (5) anticipate future developments, particularly struggles over "race neutral" alternatives; and (6) compare American racial affirmative action with analogues internationally. I engage the project with a definite viewpoint that I openly advance: Given the restrictions imposed by American political culture, I support carefully designed racial affirmative action. I shall proceed in a fashion that will be instructive to anyone who enrolls in the course, whatever his or her positions may be. Each session will begin with a lecture running from 30 to 45 minutes. The remainder of each session will consist of discussion that stems from critiques of the lecture. The reading will consist of pertinent cases and scholarship. Below is a provisional table of contents: Table of Contents: 1. Introduction: What is "Affirmative Action" ? 2. What is the Place of Affirmative Action in the History of American Race Relations? 3. What Are the Policy Arguments For and Against Affirmative Action? 4. How Have the Courts Handled the Affirmative Action Controversy? 5. What Have Been the Effects of Affirmative Action? 6. How Does the American Experience with Racial Affirmative Action Compare with Analogues Internationally (e.g. India, South Africa, Brazil) ? 7. What is the Future of Racial Affirmative Action in America ? Grades for the course will be based on two considerations. First, class participation will count for 20%. Second, a written exercise will count for 80%. For the writing requirement, you have a choice between two alternatives. Alternative A: a double- spaced, thirty- page paper on a pertinent topic of your own choosing that is due no later than two weeks before the end of the course. Alternative B: a one- day, take -home examination on a topic I will dictate at the time the exam is given at the end of the course.

Law and the Holocaust

2 sem. hrs.

This course draws together the fields of comparative law, constitutional law, criminal law and procedure, jurisprudence, conflicts of laws, international law, human rights and legal history, and then superimposes them on the history of the Holocaust, to examine the Nazi philosophy of law, emanating from the egregious racial ideology, and how it was used to pervert Germany’s legal system in order to discriminate against, ostracize, dehumanize, and ultimately eliminate, certain classes of people; and then, to study the role of international law in rectifying the damage by bringing perpetrators to justice and constructing a legal system designed to prevent a repetition. The course considers the following topics: 1.) The Holocaust: “Lawful Barbarism”. Overview of the Holocaust, by way of background, and the ways in which it was “anchored” in law. 2.) The Ideology That Made It Possible. Nazi theories of race and the nature and role of the State, and the legal system as an instrument of both. 3.) The Nazi Legal System In Action. Laws passed to give effect to the theories of race, and the role of the judges in interpreting and applying those laws. 4.) Jurisprudential Issues. Parts 2 and 3 above will form the foundation for an exploration of the role of morality in a system of law, through a consideration of academic writings and judicial reflection. An example of the former is the celebrated Hart-Fuller debate, in the pages of the Harvard Law Review; and an example of the latter is the controversial Bernstein litigation, in which the Courts grappled with the effect to be accorded in the US to expropriations of property by the Nazi regime. 5.) Measure For Measure: The Response Of The International Legal System. Consideration of the whole system of international human rights of the post-World War II era, revolving around five major pillars, each of which is a measure-for-measure reaction to the Holocaust: the Universal Declaration of Human Rights; the Genocide Convention; articulation of the two most egregious crimes in the international legal lexicon, Crimes against Humanity and Genocide; the creation of an international forum for bringing perpetrators to justice, namely the Nuremberg Trials; and the United Nations system. 6.) Lessons For The 21st Century. At each point, the perversion of Germany’s legal system will be the launching pad for extraction and consideration of critical lessons for contemporary democracies, as well as for the system of international law as a whole. Teaching in the course revolves around special materials prepared and edited by Professor Reicher. These consist of both primary documents as well as secondary writings. All this is supplemented by video excerpts of original archival footage, documentaries and movies, illustrating a range of themes dealt with in the course. These include: film of the actual Nuremberg Laws being read out; footage of a Nazi criminal court in action: scenes of the Nuremberg and Eichmann Trials; a re-enactment of the Wannsee Conference; a biography of Dr. Josef Mengele, excerpts from Leni Riefenstahl’s classic propaganda film, “Triumph of the Will,” and cross-examination scenes from Stanley Kramer’s classic movie, Judgment at Nuremberg.

Lawyering in the Public Interest Seminar (S)

sem. hrs.

This seminar explores major lawyering themes that confront public interest lawyers in diverse practice areas and settings. It is designed to integrate theory and academic analysis with practice themes emerging from students' public interest work experiences during law school. Students will closely examine the unique challenges posed by community lawyering; the efficacy of competing service delivery models; the impact of scarcity of resources and high volume practice upon the practitioner; the empowerment of the disadvantaged and powerless through law and education; litigation and non-litigation strategies; legal and non-legal restrictions on the work of public interest lawyers; professional responsibility issues; the role of the private practitioner in the delivery of legal services to the poor; and current themes and timely issues relating to access to justice and public interest practice. Requirements include mandatory attendance, class participation, oral presentations, and completion of a seminar paper. Students will write seminar papers on topics selected with the approval of the instructors. Paper topics may, but need not, relate directly to the particular issues discussed in class. The paper is expected to be of publishable quality and may, with additional development and instructor permission, be used to satisfy the senior writing requirement. The final several weeks of the seminar will include oral presentations by students on their papers. There will be no final examination. Enrollment is limited. If the seminar is oversubscribed, preference will be given to Public Interest Scholars and Sparer Fellows who register timely for the course.

Legal Aspects of Entrepreneurship

2 sem. hrs.

This course introduces students to the unique role of the lawyer in counseling entrepreneurs and emerging growth companies which they generate. A hypothetical example of a start up technology or life sciences venture will serve as the backdrop for exploring the numerous substantive disciplines which are commonly implicated in such representations, including corporate and tax issues considered in entity formation, protection of intellectual property, issues surrounding the raising of seed and venture capital, labor and employment, outsourcing and equity compensation issues. Discussion of such issues will be lead by guest lecturers expert in such areas. In addition, to provide the practical background for understanding the role of the emerging growth lawyer, the course will also feature prominent guest speakers who will address preparation of a business plan, the role of the accountants, organizational build out consultants, investment banks and venture capitalists. The course will conclude with a panel of Chief Executive Officers of successful emerging growth companies who will describe their experiences with legal issues and the role of the lawyer in facilitating their successes. In addition to covering the substantive and practical disciplines inherent in representing such companies, the course will track how those issues change and the answers evolve throughout the life cycle of an emerging growth company, from start-up through initial public offering or exit. Professors Goodman and Jannetta are both Partners in the Emerging Growth Practice at Morgan, Lewis & Bockius LLP. There will be a takeaway exam.

Legal History

3 sem. hrs.

Someone once said, “a page of history is worth a volume of logic.” (Ok, it wasn’t just anyone; it was Oliver Wendell Holmes, Jr., in New York Trust Co. v. Eisner (1921)) This course is designed to explore pages of history that might otherwise escape the logician. And at a time when so many fraught legal issues are argued with reference to history, it is more important than ever for students to understand legal history, and how to use it. By integrating primary sources with historical context, the course will explore the ways that legal change has affected life in colonial and national America. The course will be conducted primarily in lecture format, and will include readings in primary as well as secondary sources. Topics include (but are not limited to) topics such as blasphemy, witchcraft, mobs, revolution, slavery, filibustering, treason, migration, piracy, electioneering, and other inherently interesting and legally important areas of inquiry. In the end, the central aim of this course is to acquaint students with a rich sense of the ways that law has operated to liberate as well as constrain Americans. A 3-day take-away exam at the end of the semester limited to 3,500 words will answer a question that will be arranged between the professor and each student in the class, designed to focus on that student’s interests but also draw on the work of the entire semester. This is a 1L elective course and 1Ls will receive priority in enrollment.

Legal Responses to Inequality

3 sem. hrs.

This course will study legal material as expressive of, and as supportive of, differing concepts of equality and its role as a social value, rather than as simply part of a course of doctrinal development or a system of analytical reasoning. Its premise is that differences in those concepts are often not recognized, and the contestability and bases of one's approach to equality issues are often not acknowledged. Substantively, the course will include aspects of legal regulation affecting the status of racial, religious and ethnic "minorities," women, gay and lesbian people, and people perceived as disabled, as well as the distribution of wealth and income. It will do this in part by examining "antidiscrimination," "equal protection," or "poverty" law, but will focus also on issues of equality implicit in such mainstream first-year subjects as Procedure and Contracts. This is a 1L elective course and 1Ls will receive priority in enrollment.

Legal Scholarship Seminar - Yearlong (S)

sem. hrs.

The seminar is intended for students who are seriously interested in pursuing an academic career in law. The goal of the seminar is to enable the participants to produce a publishable legal article on a topic of their choice. The seminar will meet intermittently to discuss common concerns. *The meetings will be held at the first two or three weeks of the fall so there will not be a significant conflict with other classes.* Supplemental guidance will be given on an individual basis. Enrollment in the seminar is limited to 6 students. Interested students must come to the first meeting with an original research project, and submit a four page outline by the second week. Enrollment is subject to the approval of the instructor.

Legal Writing for LL.M.s

sem. hrs.

This course will teach basic legal analysis and writing. The course will be taught in small groups by Legal Writing Fellows under the supervision of the legal writing faculty and will consist of a series of writing assignments. Students will learn American writing conventions for legal letters, memoranda, and briefs. This course should be especially helpful for students who are unpracticed in the use of precedent in a common law system. There is no exam, and the course will be graded credit/fail. This course cannot be used to fulfill the writing requirement. Permission to drop the course will generally not be given after the drop/add period.

Legal Writing: Yearlong

2 sem. hrs.

Individual written work is done under the immediate supervision of an Arthur Littleton and H. Clayton Louderback Legal Writing Instructor. During the fall semester, the course develops skills in legal analysis, predictive writing, and research. The spring semester is devoted to written and oral advocacy, in both trial court and appellate court settings.

Legislation

3 sem. hrs.

This course examines issues relating to the enactment, application and interpretation of legislation, primarily at the federal level. The course will introduce students to the basic contours of Congressional lawmaking practice, theoretical models of the legislative process, the application and interpretation of statutes by the executive branch, and numerous aspects of judicial statutory interpretation. Students will explore and critique the different methods and canons that courts apply in construing statutes and consider issues such as the appropriate degree of deference to administrative interpretations, judicial use of legislative history in construction, and interaction between the courts and Congress. The basic text will be the Eskridge, Frickey & Garrett casebook, but students will also read selected legal and/or political science articles presenting current theories of legislative process and interpretation, and review examples of current cases and statutory debates. Grades will be based on an examination at the end of the semester. This is a 1L elective course and 1Ls will receive priority in enrollment.

Legislative Clinic

7 sem. hrs.

PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR CLINICS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. The Legislative Clinic offers students an opportunity to gain a deeper understanding of the role of lawyers in the legislative process and in the formation of public policy. The seminar is a live client course that combines legislative placements with a classroom seminar component. After consultation to consider student interests and preferences, students will be assigned to legislative placements in the offices of members of the U.S. Congress, or at public interest organizations advocating for legislative change under the supervision of experienced legislative advocates. In the seminar portion of the course, students will examine basic lawyering competencies required for successful legislative lawyering and will discuss issues of public policy, legislative strategy and professional responsibility that arise in their fieldwork. Seminar topics will include an examination of the role of the legislative lawyer; a comparison of lawyering skills needed to succeed in legislative and judicial forums; strategic legislative planning; statutory drafting; legislative research; and principles of legislative advocacy. The course is 7 credits (requiring 20 hours per week on average). The course meets weekly for two hours. Enrollment is limited. Attendance is mandatory and class participation will count in grading. There is no final examination, however there are several required statutory drafting assignments, simulated exercises, and journal responsibilities. Students intending to enroll in the course must arrange their class schedules such that they can devote at least two full days during the week to their legislative placement. The best days to reserve for legislative placements are Tuesday, Wednesday, and Thursday (although Friday is acceptable). You must appear at the first meeting of the course or you may be automatically dropped from the course (unless you have the advance permission of the instructor). The drop/add period for this course ends at 4:00 p.m. on the first Friday following the start of the course. Students who elect to use their enrollment in the Legislative Clinic toward their public service requirement will receive one less credit for this course.

Litigating Employment Class and Collective Actions

2 sem. hrs.

This course is intended to give students a substantial head-start in their training for the litigation of employment discrimination and wage/hour class actions in private practice. The course also may interest individuals considering a career in other complex litigation (even outside of the employment context) because many aspects of class action litigation that will be addressed apply well beyond employment-related cases. It will be presented from a practitioner’s viewpoint, with a focus on formulating litigation strategy based on the applicable legal principles. Consistent with this practice-oriented approach, there will be no textbook. Rather, students will receive (at the start of the semester) a variety of primary source materials for each week (which may be supplemented as the semester progresses), including key caselaw, regulations and opinion letters, articles on social science and statistical issues relevant to discrimination class actions, and publicly available or appropriately redacted briefs (e.g., motions to strike experts, motions to strike class allegations, class certification papers), expert reports, class member declarations, and class settlement papers. Specific topics to be addressed as part of the course will include the origins of modern discrimination class actions, social science and statistical principles relevant to class actions, working with experts, challenges to expert evidence, preliminary attacks on certification, varying perspectives on class certification requirements, strategic considerations and tactics in class/collective action litigation, and class settlements.

Litigation for Social Change Seminar (S)

3 sem. hrs.

This course will examine the use of litigation as a tool to effect social change. We will look at the unique nature of the American legal system that makes this possible. We will review the use of class actions and other vehicles that have been successfully employed. We will consider the consequences of the use of litigation. There will be a takeaway exam.

M&A Litigation Seminar (S)

3 sem. hrs.

The course will explore more advanced M&A litigation related topics, including exploration of certain subjects that were either not covered, or not covered in depth, by me in the basic M&A course (LAW 773, Spring 2011). At present, topics intended to be addressed include the following: (1) Selected advanced issues in “hostile takeovers,” including a closer look at how corporate statutes allocate power between the board and shareholders and at the use of bylaws provisions and proxy contests as takeover tactics. (2) Selected procedural and evidentiary issues in M&A litigation, such as expedited discovery, forum battles, and attorney-client privilege and work product issues. (3) The remedies available for breach of an M&A agreement, including measurement of damages and the availability of specific performance. We will also address the use of insurance by buyers or sellers to insure against losses flowing from breaches. (4) Claims involving third-parties to M&A transactions, such as claims against or involving the investment bankers advising on a transaction, claims against the lenders financing a transaction, and claims by or against a rival bidder. We will also address claims against parties, such as insurance companies, having prior contracts with the seller-target that are very valuable. (5) A closer look at the terms and mechanics of typical M&A agreements from a litigation perspective. This will include review of the “Deal Points” studies completed by the ABA’s Mergers and Acquisitions Committee. (6) A closer look at preliminary agreements such as commitment letters, and at fraud and misrepresentation claims in M&A transactions, including §10(b)/Rule 10b-5 claims. All required reading materials will be posted on Course Portal. Completion of the basic Corporations course and completion of the basic M&A course (LAW 773) are prerequisites.

M&A Through the Business Cycle

2 sem. hrs.

This class will focus on a single transaction (probably the acquisition of TXU by a private equity consortium led by KKR and TPG) to frame the legal issues that often arise in connection with the sale of a public company by merger, including confidentiality agreements, laws applicable to the disclosure of merger proposals and negotiations, duties of directors, reason for and role of special committees of directors, structure of merger agreements generally and with private equity buyers in particular, typical merger agreement issues, acquisition financing issues, post-announcement shareholder litigation, rules applicable to merger disclosure and solicitation of proxies and the role of hedge funds and more traditional institutional investors in merger votes. Corporations is a pre-requisite for this course; Mergers and Acquisitions is a suggested co-requisite.

Marriage: History & the Law (S)

sem. hrs.

Historically, little about marriage has remained constant. Legal, cultural, political, economic, and demographic changes have transformed marriage as both a public and a private institution. But marriage remains central in structuring Americans’ private legal relationships and public benefits, intimacy and citizenship. This seminar examines continuity and change in the legal institution of marriage during the second half of the twentieth century. We will study attempts to abolish or reform marriage, to expand access to marriage, to defend various conceptions of marriage, to develop alternatives to marriage, and to make marital status less relevant. Course requirements include weekly response papers, a presentation, and a substantial research paper.

Mediation Clinic

4 sem. hrs.

PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR CLINICS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. Mediation involves the intervention of a neutral third party into an existing or threatened dispute, usually with the aim of facilitating a negotiated resolution of the conflict. Lawyers are increasingly immersed in this arena, both as mediators and as representatives of clients in mediation. It is also a subject of great interest to business/transactional lawyers and those practicing criminal law. This clinical course focuses on the role, skills and ethical questions involved in the mediation function. It includes classroom study, simulated skills training, observations of outside neutrals in actual cases, and real case fieldwork in which students are front-line mediators under faculty supervision. By the end of the course, students will have learned a great deal about negotiation, advising, evaluating cases in litigation, chairing a meeting--as well as conflict resolution as a mediator. The course begins with classroom study and intensive simulation skills training. During this period, students are assigned to observe actual mediations and adjudications. In order for the fieldwork to begin by Week 6, there are approximately 12 hours of extra skills classes. (There will be partial make-up time reduction in later weeks.) You MUST be available for extra classes on the following Mondays and Wednesdays from noon to 1:20 PM: January 11, 18, 23, 25, 30, February 1, 6, 8, and 13. Starting in Week 6, students are assigned to faculty-supervised mediations. Cases include civil litigation, criminal matters, child custody disputes and employment discrimination matters. The seminar meets for two (2) class sessions per week during most of the semester. Enrollment is limited. You must appear at the first meeting of the course, or you may be automatically dropped from the course (unless you have advance permission from the instructor). The drop/add period for this course ends at 4 p.m. on the first Friday after the start of the course. Students who elect to use their enrollment in the Mediation Clinic to satisfy their Public Service requirement will receive three credits for this course.

Mental Health Law

sem. hrs.

This course will cover the theoretical, doctrinal and practical issues in mental health law, with special reference to the criminal context. It will also be of interest to students interested in bioethics, health law, family law, and torts.

Mergers and Acquisitions

3 sem. hrs.

This course will explore the law of business combinations, that is, mergers and acquisitions, focusing primarily on Delaware law. We will also address certain federal securities law issues relating to mergers and acquisitions, including the securities laws pertaining to tender offers. This course will serve as an "advanced" corporations course and the casebook will be Professor Carney's Mergers and Acquisitions, Cases and Materials (2d Edition 2007 and 2011 Supplement). Students with a particular interest in the subject may want to enroll in “Anatomy of a Merger” as well. Completion of the basic "Corporations" course is a prerequisite (and preferably the four credit rather than the three credit version). Securities Regulation would be helpful, but is not required.

Money Laundering (S)

3 sem. hrs.

The seminar will focus on the effect of the money laundering laws, including laws passed post-9/11 under the USA PATRIOT Act and the USA PATRIOT Improvement and Reauthorization Act of 2005, and the use of these laws today. The course will cover money laundering and currency reporting rules. With respect to money laundering, it will review financial transaction money laundering, the extraterritorial reach of the money laundering laws, transportation money laundering, and financial transaction undercover money laundering. It will further cover related criminal statutes, including monetary transactions involving property obtained from specified unlawful activity and the illegal money transmitting businesses statute. It will cover the penalties for these crimes including a discussion of asset forfeiture and Eighth Amendment issues along with a discussion of the advisory U.S. Sentencing Guidelines that apply to these offenses. The seminar will further cover regulatory issues arising under the USA PATRIOT Act, the Bank Secrecy Act and regulations issued by the Office of Foreign Assets Control and related regulations governing the blocking of transactions with individuals and countries. It will further cover initiatives requiring “whistle blowing” by banks, broker-dealers, and mutual funds, and efforts to extend the current regulatory framework to include real estate brokers, accountants and attorneys. The course will also focus on Foreign bank account reporting requirements (FBAR), voluntary disclosure programs, and the effect these statutes, regulations, guidance and initiatives have had and continue to have on Fourth and Fifth Amendment rights as well as privacy rights and policy issues arising in the post-9/11 era. The seminar will include guest speakers including, among others, a federal district court judge, an Assistant United States Attorney or Department of Justice Tax Division attorney, a bank/broker dealer/or mutual fund compliance officer and one or more defense attorneys.

NITA Intensive: Deposition to Trial

3 sem. hrs.

This intensive six day (during spring break) three credit course offered by the National Institute for Trial Advocacy gives participants the opportunity to learn deposition and trial advocacy skills with a case file that presents realistic challenges. The course focuses upon performance, using NITA's learning by doing method. Participants analyze a case and develop legal, factual and persuasive themes. Depositions are taken using the funnel method of gathering, organizing,and confirming information, gaining admissions and testing theories. Participants learn effective direct and cross examination, techniques for impeachment and develop confidence in laying foundations, making objections and introducing exhibits. The course culminates in a trial to the court. Evidence, in a prior or the spring 2012 semester, is a pre-requisite. The course has a fee of $500 (including all materials) and grants a NITA certificate at its conclusion. Students must commit to the full six day course, which is graded pass fail.

Negotiation and Dispute Resolution

3 sem. hrs.

Effective negotiation is at the root of most successful professional and personal encounters today. Whether representing an individual client or putting together a billion dollar deal, there are measurable differences in results between those who negotiate well and those who do not. The same is true whether buying a car or having a discussion with a family member. This course provides law students with the practical tools to become better negotiators. Students will learn how to systematically prepare for negotiations, deal effectively with hard bargainers and power imbalances, find hidden agendas, use standards more effectively, build coalitions, find creative options to overcome impasses, win over opponents and generally gain better results from the myriad encounters of life. This includes negotiating with peers, superiors and subordinates, in two-party and multiparty situations, with those who are similar as well as those who are very different. The course will include work on the special challenges of attorneys, including agency and ethics issues, use of negotiation in a litigation environment, and the problems and opportunities of multi-cultural and international representations. Also to be addressed will be issues of personal style, negotiating in highly emotional situations and dealing with a wide variety of parties, from passive to belligerent, corporate to government, family to fiduciary. A theoretical foundation will be presented. But the emphasis in each case will be on practical, operational tools. The course will be participatory. Students will negotiate cases from the start and will also be encouraged to bring their own thorny negotiation problems to class, to be analyzed and solved. This includes issues that students may already have or contemplate from their law firm jobs. There will be opportunities outside of class for one-on-one meetings with the professor on individual negotiation issues. Please note: All students are required to attend the first class of the semester. If you do not show up to the first class, you will be dropped from the course and your seat will be given to someone on the waiting list. Professor Diamond highly encourages #’s 1-10 on the waitlist to attend the first class. Required reading - Getting More: How To Negotiate To Achieve Your Goals in The Real World by Stuart Diamond. Published by Random House.

Organizational Behavior

3 sem. hrs.

To excel, lawyers need more than the traditional knowledge and skills covered in the law curriculum. Although legal knowledge, analytical and communication skills are critical to career success, several decades of research demonstrate that raises, promotions, and satisfaction in the legal profession also depend on expertise in management and organizational behavior. Since most lawyers work in large organizations, it is increasingly important to be able to understand, manage, and influence an organization, its teams, and its individual members. In your careers, you will depend on people to accomplish tasks, goals, and projects; you will need to work for other people, work with other people, and supervise other people. An understanding of the human side of management is an essential complement to the technical skills that you have acquired in your training to date. This course represents a unique collaboration between Penn Law and Wharton to develop knowledge, skills, and self-awareness relevant to management and organizational behavior in the legal profession. The learning method is experiential: over the course of a week, you will be divided into teams to work on a real-life organizational challenge modeled after the hit NBC show, “The Apprentice.” The challenge will give you the opportunity to test, develop, hone, and reflect on your capabilities in making decisions, collaborating in teams, motivating peers and supervisors, influencing clients, and building and leveraging social networks. The class is meant to be an intense immersion experience that reflects the realities of organizational behavior. Each morning, we will meet to debrief on your progress, reflect on your milestones and mistakes, and examine evidence-based frameworks, principles, and tools to enhance your effectiveness as individuals and teams. You will then have the full day to work in your team on your challenge. At the end of the challenge, there will be a meaningful reward for the winning team.

Parents, Children and the State (S)

3 sem. hrs.

This course is designed to examine the allocation of power between children, parents, and the government both within and outside of the family unit. Rather than providing a survey of family law, this course focuses upon primarily poverty law issues that arise from public institutions designed to promote social welfare and to protect and nurture young people and their families. Students should enter the course with a basic understanding of Constitutional law, along with a desire to explore social welfare through a variety of mediums. This course focuses upon the child welfare system. We begin with the foundational cases that establish both the legal rights and liabilities of parents. We will also examine recent federal legislation regarding termination of parental rights and touch upon adoption policy as it intersects with the foster care system. In exploring the dependency and child welfare systems, we will consider the role that race and class play in abuse and neglect cases and work to define the appropriate parameters of state intervention into the daily lives of families. Finally, we will examine the unique challenges that face counsel for children and parents.

Partnership Taxation

3 sem. hrs.

This course explores the federal income tax aspects of conducting a business or investment activity as an enterprise that is taxed as a partnership for tax purposes, rather than as an association taxable as a corporation. The course considers when joint undertakings cross the line from mere co-ownership to taxation as a partnership (and why the rules developed as they did), the way in which the results of partnership operations are taxed (and why or why not the rules reach the correct result), and why business start-ups might choose to operate initially in partnership form. In some areas, I may ask if an alternate approach would have achieved a better result. No partnership course could be complete, however, without considering why partnerships tended to be the business form of choice for the dreaded "tax shelter" (whatever that is). Neither familiarity with accounting principles, balance sheets or income statements, nor exposure to sophisticated business transactions, should be considered a prerequisite. I ask only that you bring an open mind and a willingness to read some admittedly complicated Treasury Regulations. The text will be supplemented with Examples intended to reinforce the technical rules described in class. Federal Income Taxation I is a prerequisite, however. All students are required to bring a copy of the Internal Revenue Code and a copy of the Treasury Regulations (excerpts from the Regulations are included as a supplement to the course materials) to class every day.

Patent Law

sem. hrs.

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

Patent Litigation Seminar (S)

sem. hrs.

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

Penn Law Mock Trial Team Competition

sem. hrs.

As a member of the Penn Law Mock Trial Team, you will learn the skills necessary to analyze, prepare, and to try civil/criminal cases in the courtroom. You will learn how to connect with the judge and jury through your speeches. You will learn how to tell a compelling story through your witnesses on direct examination, and you will learn how to destroy your opponents’ witnesses through cross-examination. Most importantly, in weekly skills workshops you will have the opportunity to experience and use the legal principles that are ordinarily only topics of discussion in your other courses. Advanced workshops will focus on theatre, psychology, and technology in the courtroom. Additional subject matter may be covered depending on student interest and student requests. All interested students are welcome to register to attend the weekly skills workshops in the Fall and Spring semesters. Participation in a formal competition is optional; however, you must participate in a formal competition to receive credit.* In 2009-2010, we will compete in at least two national competitions and field at least four teams. During the Spring semester, students will compete in the AAJ National Student Trial Advocacy Competition (STAC) and the ATLAC Mock Trial Competition (“ATLAC”) against teams from schools from around the country. By way of example, the ATLAC competition is held annually in the United States District Court for the Western District of Pennsylvania (“Pa.W.D.”). Eighteen schools from around the country prepare either the Plaintiff or Defense side of a real case submitted to the organizers. In addition to the team’s plaintiff/defendant witness (traditionally played by a 1L), on the day of the trial, the organizers provide medical doctors to serve as expert witnesses and paralegals to act as fact witnesses, both of whom must be prepared for their testimony “on the spot.” A sitting federal District Court judge presides over the day-long trial, after which, a real jury issues a verdict. Since the team’s first year of participation in this competition, we have not lost a verdict. Additional details on both competitions are available at www.atlac.org/mock.html and www.justice.org/cps/rde/xchg/justice/hs.xsl/1734.htm Students may also participate in additional competitions relating to White Collar Crime, Employment Law, and Criminal Trial Advocacy depending on student interest. Attendance at the weekly workshops in the Fall and Spring is mandatory for competitors and the course will be graded as Credit/No Credit. Failure to attend more than two workshops or withdrawal from a competition after committing to participate without prior approval will result in an award of “No Credit.” Competitors are expected to meet and practice in addition to the weekly workshops at least commensurate with the credit awarded for competition participation. *1Ls are also encouraged to attend our weekly workshops as early as their schedules allow to sharpen their advocacy skills. Length of seniority on the team will be considered in selecting team members to fill limited competition slots. 1Ls may compete as witnesses and will receive a notation for participation on their official transcript but are not currently eligible to receive credit for participation.

Policy Analysis

3 sem. hrs.

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

Political Law

2 sem. hrs.

This course introduces students to the intersection of law and politics. Political law is comprised of the laws governing lobbying, campaign finance, and ethics. This class is of particular interest to students who have a passion for politics or are considering careers as elected officials, lobbyists, or ethics attorneys. The class will provide a practical understanding of the federal rules and regulations that are intended to promote political equality in elections and the legislative process by limiting the disproportionate influence of special interest groups (e.g., Wall Street, oil companies, and the health care industry). Among other topics, the class will address recent political law developments that resulted from the Jack Abramoff lobbying scandal, President Obama’s ethics reforms, and the 2010 Citizens United Supreme Court decision. Students will also examine whether this law promotes political equality among certain groups, including women, the middle class, and racial minorities.

Political Philosophy and the Law (S)

3 sem. hrs.

Traditionally legal theory has been conceived as a branch of political philosophy. For the ancients, debates about the nature of law were either part of the general topic of justice, or fell within the parameters of discussions of state authority. Contemporary legal academics, however, have a different orientation. They treat legal theory and its own discipline, having distinctive methods of its own and regarding legal problems as though they were sui generis, largely distinct from the types of problems that academics in neighboring disciplines address. The aim of this course is to return to the conception of legal theory as sub-field of political philosophy, and to address core topics in the law from the perspective of traditional writings in political, and to some extent moral, philosophy. In particular, we will take up four issues of central importance in legal theory. The first two topics address central questions in domestic law, one drawn from the private arena and one from public law. The third and fourth topics address issues in international law and global justice. The topics are as follows: 1. What is the basis for contract enforcement? Is it a recognition on the part of the State that promises ought to be binding because they carry moral weight, as some contracts scholars have thought? Or is it an attempt to enhance social welfare by promoting social cooperation? 2. What is the most compelling justification for the institution of punishment, and what is the best theory for its allocation? 3. What are the central tenets of the law of war and what is the status of principles of law in this area? How do the principles of war relate to moral norms? 4. What is the relation between international law, whether treaty or customary law, and the notion of national sovereignty? Students are expected to write a 20 – 25 page paper on a topic relating to the course, and to make a presentation during the course of the seminar on their research. The paper may be written for senior writing credit, with permission of the instructor. Material covered does not duplicate either Introduction to Jurisprudence or the Jurisprudence of War Crimes, and students who have taken those classes may enroll in the seminar.

Political Philosophy of the Constitution (S)

sem. hrs.

This seminar will examine the political philosophy of the framers of the Constitution. We shall read some of the works of the Whig political tradition in England (and in particular the essays of Hume) then study selected constitutional writings of the principal Framers, in particular Madison’s Notes of the Constitutional Convention, The Federalist and the writings of James Wilson. The aim will be both to understand the philosophical arguments relied upon by the Framers, and to examine their sources within the wider intellectual history of the eighteenth century.

Practice of Law

2 sem. hrs.

What’s it really like to practice law? This course examines the “how to,” such as how to interview and work with an individual or corporate client; how to get, keep, and lose your clients; how to get, keep and lose your job; how to deal with a difficult judge or a difficult opposing counsel; how to make a presentation; how to use graphics, video and power point; how to resolve a dispute by mediation, arbitration or trial; issues in billing by the hour or billing by the result; small firm versus big firm life; plaintiff versus defense life; and how to achieve professional satisfaction. This course is not about legal doctrine; it is about the practice of law. Class attendance is required. Grading is based on a closed book, two hour exam plus class participation.

Privacy & Data Protection

sem. hrs.

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

Problems in Law and Morality (S)

3 sem. hrs.

The seminar takes up a variety of puzzling features of law that one runs into again and again, almost regardless of what area of law one is considering. Why is the law so either/or? (In other words, why are legal judgments generally guilty/not guilty, liable/not liable, contract/no contract, slander/no slander etc., when reality seems so much more continuous?) Why does consent count for so little even when there are no obvious problems with force, fraud, incompetence, or unequal bargaining power to worry about? (In other words, why does the assumption of risk so often fail, and why are there so many victimless crimes on our books?) Why is the law so full of loopholes that everybody is aware of and which could readily be plugged? Why do legal rules so often seem to reward wrongdoers? Why do people exercising their legal and moral rights so often end up in conflict? Shouldn't valid rights mesh more harmoniously with each other? Along the way, various subsidiary issues will also be considered: why are some things property and not others, why it may not be meaningful to speak of harm to future generations, why we consider it worse to no longer be alive in 2008, than not yet to be alive in 2008, why it is okay to do what would otherwise be wrong just because you happen to be a lawyer, judge, government official or other kind of special functionary. Readings will consist of portions of various books and articles.

Prof Resp: Traversing the Ethical Minefield (S)

sem. hrs.

Professional responsibility issues are part of the fabric of the practice of law. For example, you receive a key document inadvertently produced by your opponent in a case. What do you do? Or, a conflict is created when your best corporate client asks you to negotiate a very significant deal with a company you are suing on behalf of another client. Can you go forward with the transaction? Each issue must be addressed by first examining the particular facts and circumstances. Then, the professional responsibility concerns must be identified. The applicable rules must be read, as well as ethics opinions, case law and commentary, to best answer the ethical dilemma. This course focuses on the facts and circumstances by utilizing a variety of hypothetical fact patterns to address particular professional responsibility issues in both litigation and transactional practices. Given the seminar format, students will work in teams to answer the questions posed by the hypothetical problems. As the answers may vary from state-to-state, students will be encouraged to apply the rules of the jurisdiction in which they plan to practice, in addition to the Model Rules of Professional Conduct, to their analyses. Class participation is essential to properly explore these issues. We will be using the most recent edition of Martyn and Fox, “Traversing the Ethical Minefield – Problems, Law and Professional Responsibility” and its accompanying supplement, Martyn, Fox and Wendel, “The Law Governing Lawyers, National Rules, Standards, Statutes, and State Lawyer Codes.” Students will be graded based on a paper (25% of grade), class participation (25% of grade) and an open book examination (50% of grade). This seminar satisfies the Law School's professional responsibility requirement.

Professional Responsibility

sem. hrs.

One of the main purposes of this course is to help prepare students to take the MPRE. Another central purpose involves preparing students for the real life situations they may face as lawyers so that they can avoid malpractice and discipline from their bar association. We will talk through common scenarios lawyers find themselves in every day to make students aware of the dangers these situations pose as well as brainstorm for options on how to successfully deal with these situations. The course textbook is Traversing the Ethical Minefield: Problems, Law, and Professional Responsibility by Larry Fox and Susan Martin. Grades will be based on an in-class multiple choice exam with the law school’s allowance for upward grade enhancements based on participation. This course satisfies the Professional Responsibility graduation requirement.

Professional Responsibility

sem. hrs.

If you plan to practice law, this course will allow you to consider the responsibilities you will have as a lawyer. We will examine the various roles that lawyers play: adviser, planner, advocate, negotiator, evaluator, officer of the court and public citizen. Attributes of the professional attorney-client relationship, such as confidentiality, loyalty without conflicting interests, and the allocation of decision-making authority between lawyer and client, will be analyzed. A lawyer’s relationship to non-clients and to courts will be examined, as well as a lawyer’s responsibility when faced with client wrongdoing. Sources of legal and ethical responsibilities, including professional standards, case law, legislation and administrative regulations, will be examined in realistic contexts in which difficult professional conduct dilemmas arise. Special emphasis will be placed on the Rules of Professional Conduct. Because the first step in resolving a professional responsibility issue is your initial recognition of the problem, teaching format will be participatory. Class format will include the use of video case studies, role plays, problem-solving and traditional legal analysis. Attendance and class participation is expected. There will be an open-book, in-class examination. Successful completion of this course will satisfy the Professional Responsibility graduation requirement.

Professional Responsibility

2 sem. hrs.

In what area of the law will you practice? Corporate Law? Litigation? Real Estate? Labor? Criminal Defense? Intellectual Property? Tax law? Regardless, the art of advocacy permeates all of those areas and others. But as lawyers, there are boundaries, defined by the Rules of Professional Conduct. From the outset of the professional relationship and beyond, we will examine and simulate advocacy in many different areas of the law. We will review and role play selected case law with particular emphasis on practical solutions to “real world” ethical issues. The course will also afford us an opportunity to address some current topics in a number of areas of the law and to dissect them from an ethics and advocacy point of view. For example, we will review areas including ethics and electronic discovery, the lawyer’s duty of disclosure under the Sarbanes-Oxley Act, intellectual property disputes, corporate struggles, criminal defense, tax controversies, and real estate transactions. We will attempt to find common practical grounds which pervade all areas of the law. There will be an in-class exam.

Property

sem. hrs.

This course explores the legal institution of property, primarily through an examination of the possession, ownership, and use of land. Topics may include different ways of acquiring property, such as by capture, discovery, creation, adverse possession, and prescription; estates in land; rights in other persons' land; landlord/tenant; basic land transactions; public and private control of land use; and eminent domain.

Property Theory Seminar (S)

sem. hrs.

The objective of this Seminar is to expose students to the various theoretical issues that are central to the structure and functioning of property as an institution. Each week, the readings will focus on one or more theories that purport to explain and justify the institution of property--including Lockean labor theory, personhood theories, economic theories, and rights-based theories. In the process, we will also examine how each of these theories succeeds/fails at explaining certain central features of property law such as the numerus clausus principle, the trespass/nuisance divide, the forms of ownership, the trust, and equity. Students enrolled in the Seminar will also have the opportunity to participate in a day long symposium being organized by the faculty in association with the law review, on the topic of Property Theory. The symposium participants will include several leading theorists of property and students will have an opportunity to read, discuss, and comment on their draft papers so as to learn about the process of developing a piece of theoretical scholarship. Each student will be required to help lead class discussions during one class session. Additionally, every student enrolled in the seminar must complete a research paper that satisfies the law school’s senior writing requirement.

Psychological Analysis of Legal Decision-Making (S)

3 sem. hrs.

In this course, we will look at the psychology of judgments and decisions in the context of legal decision-making. This line of inquiry, sometimes called "behavioral law and economics," attempts to challenge some assumptions of law and economics with empirical observations from experimental research. We will consider some of the following questions: What factors drive decisions about whether and how much to punish wrong-doers? How do moral and social norms interact with legal rules to affect behavior? How do cognitive biases affect the ability to bargain efficiently for the allocation of goods? We will read articles from psychologists, experimental economists, and legal scholars.

Public Health Law & Policy (S)

3 sem. hrs.

This seminar will examine a number of urgent issues at the intersection of law and public health, particularly those that involve a conflict between the rights of individuals and the well-being of the community. Rather than being wedded to a particular field of legal doctrine, we will use a case study approach to analyze US and international conflicts over (and regulation of) tobacco, junk food, pandemics/vaccines, natural and nuclear disasters, and HIV/AIDS, among others. Several distinguished guests will be invited to speak to the class, and students will have the opportunity to research, write, and present original research.

Public International Law

3 sem. hrs.

This course introduces students to the legal rules and institutions that govern the international political system. The course provides a formal introduction to international law and emphasizes the relationships between law and politics in the behavior of states, institutions, and individuals in world politics. International law is both more relevant and more interesting today than ever before. From the war against terror to the war in Iraq; from the challenges of free trade to the dangers of environmental destruction; from prisoners in Guantanamo Bay to former heads of state appearing in court, international law has a direct bearing on many of the key issues in international affairs. This course examines how international law is created, how it operates, and what effect it has on these and other issues in contemporary international relations. The course begins with an introduction to the nature and structure of the international legal system. Topics include: the subjects and forms of international law, the key institutional actors, the theoretical background to the international legal system, and the relationships between international law and international relations. The second part of the course turns to substantive legal issues. Topics include: international economic law and the debates surrounding the WTO; international criminal law and the International Criminal Court; the protection of human rights; the use of force and the invasions of Kosovo and Iraq; the proliferation of weapons of mass destruction and the future of the United Nations. Additional topics may be added or substituted if international events and student interest so warrant. This is a 1L elective course and 1Ls will have a max of 80 seats (of 110) in the course.

Race Law

3 sem. hrs.

The course will examine the use of the law both to perpetuate and to eradicate racial injustice in the United States from the inception and rise of slavery during the colonial period through the racial desegregation decision of the United States Supreme Court in Brown v. Board of Education in 1954 to the present. The goals of the course are to achieve an understanding of the role of law in its social context, especially with regard to the use of legal institutions and law in the creation and maintenance of systems of racial injustice; and, as a corollary, to examine the potential and limits of the use of law (especially litigation) as a tool for social change. The foci will not be limited merely to the rules of law adopted by the courts or the legislatures. A major issue for exploration will be the values and priorities of the individuals in power and a probing of how these principles and views affected their choice of options and the rules of law adopted. Students will have a choice of paper-writing options or a take-home examination. Class participation will count as thirty-three percent of the final grade.

Real Estate Transactions

sem. hrs.

This course is designed to provide an introduction to modern real estate transactions, in theory and in practice. The course materials will cover sales/purchases, mortgage financing, leasing, and related subjects, with emphasis on the relevant transactional documents and the lawyer's role in negotiating, drafting, advising, and problem solving. We will also consider some of the legal issues raised by the current wave of mortgage defaults. Students will be required to complete one or two brief written assignments (which will not be graded) and will have an opportunity to analyze and negotiate an agreement for the sale of real estate. Grades will be based entirely on the final examination. The instructor will assume that students have taken contracts, property 1, and civil procedure.

Refugee Law

3 sem. hrs.

This course will explore the origins of “refuge” or “asylum” including the myriad of human rights violations that force people to flee and seek protection, public policy issues such as US laws and regulations that govern asylum, and international agencies that are involved in the process of granting protection. The course will cover both the international refugee law and human rights context of State practice with reference to international treaties and customary international law. The course will begin with a review of The United Nations 1951 Convention and 1967 Protocol relating to the Status of Refugees - the standard against which refugee protection will be measured. We will study the dimensions, responsibilities and realities of the Office of the United National High Commissioner for Refugees which monitors implementation of this treaty. We will then cover regional practice relating to refugees in Europe, Latin America and Africa and Asia and briefly discuss root causes reasons of current and potential population displacements The major portion of the course, however, will deal with US statutory, regulatory and case law determining who is and is not a refuge vis-a-vis the 1980 Refugee Act, implementing regulations, and administrative and judicial decisions law. To better understand and see how theory is put into practice, especially as it relates to deterring refugees from entering the US through their detention students may be involved in interviewing asylum seekers. The course will conclude by looking at the international institutional response to refugee problems. We will conclude with a discussion of ancillary refugee issues such as, restricted employment and welfare entitlements, expedited procedures, and returns to safe countries. By the end of the course, students should be able to: 1. Understand the international framework for refugee determinations 2. Understand the US domestic framework including legislation, regulations and judicial decisions, for refugee and asylum related issues 3. Show competency in conducting an intake of an asylum seeker and developing a case analysis 4. Research Country Conditions regarding human rights violations 5. Prepare An Application for Asylum, Form I-589 and understand US regulations dealing with asylum adjudication 6. Prepare an Affidavit attesting to the asylum seeker's claim for asylum 7. Prepare a packet with evidence to support the claim for asylum

Regulation of Health Insurance Markets (S)

3 sem. hrs.

This seminar will examine the regulation of the health insurance market in light of the recently enacted federal health reform legislation. Weekly topics may vary depending on student interest, but will include the economics of health insurance, legal and policy limits on administrative discretion in the specification of benefit design requirements, the creation and structure of the new health exchanges, the Massachusetts experience, insurance market rules, legal and ethical issues related to wellness incentives, and the implications of the new health insurance marketplace for hospitals and other medical service providers. Requirements include active participation in two team-based projects, including a presentations about a current topic (with powerpoint and handouts); regular attendance; and completion of an individual research and policy analysis project culminating in a 10-12 page paper. Please note that the regulation of the health insurance market is rapidly evolving. As a result, this seminar will involve exploration of uncharted waters in a manner that is very different from a tightly constructed class studying a well-established, stable legal field. Students from the Medical School and other schools outside the law school are strongly encouraged to enroll; there will be seats reserved for non-law students. The team-based nature of the assignments means that no legal background is required. Law student members of the teams will supply the necessary legal expertise.

Religion, Law and Lawyering

sem. hrs.

This course examines moral issues in public and private life from a religious perspective, without tying the investigation to any particular tradition of revelation. It is premised on the observation that the ways in which many of us think about questions of moral and legal obligation, and about our own intended careers, are related to our religious or spiritual outlook. Its aim is to read, think, and talk about contested moral questions with colleagues united only in their belief that the questions and their connection to religion are worth pondering, and in their (perhaps tentative) willingness to bring something of themselves into our discussions. This is NOT a course on the law of the First Amendment, although it may affect our understanding of some of the controversies that have arisen there We will consider questions like these: - Where do moral imperatives come from, and how do the answers found in religion and in law affect one another? - What are the implications of religiously-grounded values for our thinking about moral obligations and disputed issues of public policy? - What are the differences (and similarities) between religious and secular sources of moral norms? - Can religion's importance to our legal thinking, and its oft-found grounding in (differing) claims of revelation, be honored in a manner that honors too our commitment to pluralism and freedom of conscience? - Can we integrate our religious commitments with our choices of, and within, our work lives? Course requirements are regular attendance, conscientious engagement with the readings, and informed participation in discussions. The coursebook, Howard Lesnick, Religion and Legal Thought and Practice (Cambridge 2010), is available (in addition to all the usual ways) at the Penn Book Center, across Sansom Street from the School. (This is NOT the University Bookstore).

Remedies

3 sem. hrs.

Most law school courses revolve around the standards for legal liability: when one is liable for breach of contract, or for a tort, or for violation of some constitutional or regulatory standard. This course is about the consequences of civil liability for litigants who have been wronged or who are about to suffer wrong. We will assume that the defendant's actual or threatened conduct is impermissible, and ask what a court can do about that conduct. Topics will include damages measurement, injunctive and preliminary relief, specific performance, declaratory judgments, restitution, criminal and civil contempt, punitive remedies, and complex equitable remedies in institutional and civil rights litigation.

Research in Foreign & International Law

2 sem. hrs.

This course will familiarize students with the basic sources in international law and the national law of key foreign jurisdictions, and help students develop the necessary skills to efficiently research transnational legal questions. Students will learn how to find international treaties, decisions of international courts, United Nations and European Union documents, and legislation and court decisions of selected common law and civil law jurisdictions. International trade, human rights and foreign constitutional, criminal, intellectual property and labor law research will also be singled out for special attention. As much as possible, the emphasis will be on English language materials and reliable online sources for foreign and international law. The format will be 60% lecture, 40% participatory. The course will be graded credit/no credit. To meet the course requirement, students must complete four short (1- to 2-page) assignments consisting of questions designed to provide practice with the resources presented in class, and a final paper (8 to 10 pages) describing a sample research problem in international or foreign law, and detailing the research steps and resources the student found most useful in addressing that problem. There will be no final exam. Because successful completion of assignments will depend upon demonstrating familiarity with the resources and skills introduced and practiced in class, attendance is mandatory. No prerequisites are required. The course is strongly recommended for journal editors, for participants in the Jessup International Law Moot Court Competition and other international competitions, and for students considering careers in international law.

Right to Counsel (S)

3 sem. hrs.

What does it mean when a police officer says "if you cannot afford an attorney, one will be provided for you"? Since 1963, the Sixth Amendment right to counsel has been interpreted to require the states to provide counsel to any defendant who cannot afford to hire an attorney. The right to counsel thus became an entitlement right, which is very rare in the U.S. Constitution. In this seminar, we will explore the evolution and current parameters of the right to counsel, including: when counsel must be provided; what quality guarantee, if any, the right includes; impediments to the full functioning of the right; and efforts to enforce the right through litigation. We will also explore how the right applies outside the standard criminal courtroom, including post-9/11 contexts such as Guantanamo and Operation Streamline. Evaluation will be based on class participation (20%) and a paper (80%).

Risk Management

1 sem. hrs.

This is the law school cross-listing for the Wharton class INS 205/805. For the most up to date information, please consult the Wharton course listing. Law students who enroll in the course will need to obtain readings and other materials from the Wharton webCafe for the course. This course describes the concepts and techniques available to corporations, non-profit organizations, and other organizations in their efforts to manage pure risks. The costs associated with such pure risks as product liability, environmental impairments, property losses, work-related injuries, and employee benefits (e.g., pensions, health insurance, etc.) affect the daily management of all organizations. Managers who make decisions without appropriate consideration of risk management issues can jeopardize the long-term survival of their organizations. The course examines a common set of techniques which can be used by managers in dealing with these problems, including risk assumption, prevention, diversification, and transfer via insurance and non-insurance market mechanisms. In turn, students learn to recognize that the institutional structure of the organization itself influence its own risks and their corresponding treatments. This is a cross-listed Wharton business class team taught by members of the Insurance and Risk Management Department faculty together with Professor Baker. The course is taught in three independently graded modules, two of which stress quantitative reasoning. Professor Baker teaches the third module. The grade for the course is computed on the basis of the average of the raw scores for each of the three modules. Law students are graded according to the law school grading policy.

Risk Regulation (S)

1.5 sem. hrs.

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

Securities Regulation

4 sem. hrs.

This course examines federal securities regulation. Topics include the registration of securities under the Securities Act (and applicable exemptions), civil liability, the definition of a security, periodic disclosure requirements for public companies, Rule 10b-5 liability, the role and powers of the Securities & Exchange Commission and capital markets regulation. The course is particularly useful for students pursuing careers in business law, litigation, investment banking, and/or private equity. The course will use a combination of lecture and Socratic formats. Regular attendance and class participation are required. Pre-requisite: Corporations or permission of instructor. A prior course in business law (at Penn or elsewhere) is required for LLM students.

Sexuality and the Law (S)

3 sem. hrs.

This seminar explores the various ways that sexuality has been regulated through the years and the current legal challenges faced by the LGBT community. We will examine modern and post-modern theories of gender and sexuality. Using these theories, we will analyze key legal aspects of this increasingly important issue in a critical and up-to-date fashion. The seminar commences with a survey of the history of sexuality and its regulation around the world--when, why and how countries began to regulate sex. We will examine ways that heterosexuality was presented as the sole natural means to practice sexuality and ways that the law was regulated to maintain this. We will challenge the perception of sex, gender and sexual orientation as binary categories and ask whether or not related laws are sufficient to handle more complex categorizations of sexuality. Students will be required to write weekly responses to the readings, or a single research paper. Class participation will constitute a substantial part of your final grade. Attendance is required. Course materials will be distributed electronically on Course Portal.

Sports Law

2 sem. hrs.

This course will focus on many topics in the law of sports. General areas to be covered will include contracts, antitrust, labor, arbitration, constitutional law and amateur athletics. Special attention will be given to antitrust litigation in the National Football League, collective bargaining in professional sports, television issues, franchise movement, Title IX, amateur sports, and the changing concepts of amateurism. It will be helpful if students have taken Antitrust or Labor Law. There will be a takeaway exam.

Statistics for Lawyers

sem. hrs.

This class will cover the basics of probability and statistics as they apply to the study and practice of law. Students will learn how to perform simple statistical analyses, as well as how to interpret and critique more complicated analyses. Topics covered will include the use of probabilistic evidence such as DNA matches, the use of cross sectional regression techniques in contexts such as discrimination cases, and the use of financial econometric techniques such as those used in securities law. No prior training in statistics is required. Students can choose to be evaluated on the basis of a written paper or an open-book exam.

Structured Finance and Securitization

2 sem. hrs.

This course is designed to familiarize the student with the underlying legal concepts necessary to understand contemporary securitization and structured finance transactions. The course will introduce the basic economic elements of securitization and the economic business rational for this type of finance. Today, structured finance and securitization is a major element of the worldwide capital markets practice. The topics covered will include commercial finance, including Article 9 of the Uniform Commercial Code, corporate law, securities and investment company act regulation, bankruptcy law and securitization, tax issues and structuring considerations in securitization transactions, bank regulatory aspects of securitization, and cross-border securitization transactions. The course will focus on the many types of securitization that exist today and show how different legal disciplines interact in each of the transaction. The course will require some knowledge of introductory corporate and tax law and some exposure to basic bankruptcy law concepts. Introductory Securities Regulations will also be helpful. The course will not require any background in the economics of securitization or related capital markets transactions, although this may be helpful. It is the goal of the course to provide a thorough introduction to this area of practice so that a student has skills to evaluate these types of transactions in a law firm or investment banking firm setting.

Supreme Court Clinic - Yearlong

4 sem. hrs.

Supreme Court Clinic Professors S. Bibas, N. Gordon, and S. Kinnaird Yearlong: Fall 2011 and Spring 2012, 4 credits per semester, MWTh 1-2:50 p.m. Pre- or co-requisite: Supreme Court Practice and Process seminar, LAW 947-001, 3 credits, Fall 2011 Clinic enrollment limited to twelve students This year-long clinic will give students intensive, hands-on experience litigating cases before the Supreme Court of the United States. It is distinct from the pre- or co-requisite seminar, Supreme Court Practice and Process, LAW 947-001, which introduces students to the law, politics, and lawyering of the Supreme Court as an institution through a wide array of cases, briefs, and visiting speakers. The clinic, in contrast, will focus on the practical side of identifying and litigating real pending cases. In conjunction with the instructors and Supreme Court lawyers at a major Washington law firm, students will research and identify promising cases for Supreme Court review and take part in strategy sessions and conference calls, learning first-hand the tactical considerations that shape litigating positions and stances. They will then research and write first drafts of certiorari petitions, sections of merits briefs for the parties, and briefs amicus curiae at the certiorari and merits stages. Through intensive research, writing, editing, and rewriting, students will hone their legal-writing skills. Students will travel to Washington D.C. several times each semester to meet with experienced litigators and watch moot courts and oral arguments in the cases on which they have worked. Students may take the seminar without taking the clinic, but if they wish to enroll in the clinic they must previously have taken or apply to take the seminar at the same time. They must be prepared to commit an average of twelve to fifteen hours per week to the clinic throughout the entire academic year, though the load will probably be lighter right around the final examinations period.

Supreme Court Practice and Process (S)

sem. hrs.

Decisions of the Supreme Court are thought simply to reflect the Justices' views of the merits of the legal issues before the Court. But the results often are heavily influenced by the particulars of the process that leads up to the decision. This seminar will study the Supreme Court primarily from the point of view of the advocacy process that precedes and influences the Court’s decisions, but we will also look into selected aspects of the Court’s internal decisionmaking process. The course will examine the nature of effective advocacy before the Court and the ways in which advocates’ strategies may (or may not) influence the Court at each stage of a case – the petition for certiorari and brief in opposition; merits briefs by petitioner and respondent; and oral argument. The course will consider the influence of amici at each stage as well as the special role of the Solicitor General's office. The course will also examine some aspects of the Court’s process that do not relate to advocacy, such as the role of law clerks, the nature and extent of collegial decisionmaking at the Court, and the confirmation process for new Justices. Materials will include actual petitions, briefs, and oral arguments from recent and pending Supreme Court cases, as well as secondary sources. The course will include consideration of one or more cases currently before the Court, with a trip to the Court to hear an oral argument if feasible. Course sessions will include guest lectures by experienced Supreme Court advocates and others involved with Supreme Court litigation. Course requirements: to be determined, but will include drafting one or more documents based on filings in actual Supreme Court cases, and possibly an analysis of an oral argument.

Supreme Court: Great Cases (S)

3 sem. hrs.

Class discussion will, for the most part, focus on selected cases which, over the Supreme Court's two centuries, have seemed to define (for better or worse) the Court's perception, and implementation, of its appropriate role in the governance of the United States. In addition to participating actively in class discussions, each member of the seminar will prepare a relatively brief (in the twenty-five to thirty page range, not more) term paper. As predicate for the term paper, an oral report (with an outline circulated in advance) will tell fellow seminar members about your subject. The term paper might address (1) the impact (or, possibly, the lack thereof) on the Court's work of a reasonably prominent judge, lawyer, professor, or political figure, or (2) an examination of themes given short shrift (or no shrift at all) in the cases assigned for class discussion. The seminar sessions will be in my chambers at the U.S. Courthouse, not at the Law School.

Tax Policy Seminar (S)

3 sem. hrs.

The seminar will focus on original papers by some of the leading scholars in tax policy and public finance. In alternating weeks, the professors and the students will discuss the following week's paper and perhaps related work that has been assigned in class. At the next meeting, the professors and students will be joined by the paper's author for an extensive and we hope lively discussion of the paper. The seminar is intended to give students the opportunity, rare in law schools, to participate in serious work on tax policy through the equivalent of an advanced graduate-level seminar.

Taxation of Business Entities

sem. hrs.

Modern tax practice requires a panoptic understanding of business forms. The classic “C corporation” no longer predominates, and it is not unusual for a single deal structure to incorporate a variety of business entities. This course covers major topics in the taxation of corporations (both “C” and “S”), limited liability companies, partnerships, and their owners. The course is organized primarily topically; business forms are analyzed in parallel fashion topic by topic. Topics include the choice of entity, contributions from owners to businesses, business operations, and distributions from businesses to owners. The course objectives are two: to provide students with a general sense of the landscape of business taxation; and to instill in students the sort of deeper understanding of each business form that derives from explicit and frequent comparison to alternatives. The course is intended for two types of students. First, it is addressed to students who wish to specialize in tax law, and who may go on to take courses on partnership tax or corporate tax, which would generally cover a different set of more specialized topics. The course is also intended for students who are not planning to specialize in tax, but who believe they would benefit from a general examination of business tax issues, perhaps as a complement to their study of other areas of business law.

Taxation of Financial Products

3 sem. hrs.

In recent years, there has been a tremendous growth in the amount and variety of financial instruments available on Wall Street. In many cases, these new instruments have not fit neatly into the traditional tax law categories for taxing financial instruments and have posed a serious challenge to the tax laws. Policymakers have struggled to develop administrable rules that tax such instruments fairly without providing too great an opportunity for abuse. This course will examine the tax law's response to these instruments. Topics may include discount and premium on debt instruments, futures contracts and their use in straddle transactions, interest rate and foreign currency swaps, hybrid debt instruments, equity swaps and other derivatives, and securitization. Emphasis will be placed on understanding the economics of the transactions as well as their taxation. Prerequisite: Federal Income Taxation or permission of instructor.

Technology Policy (S)

3 sem. hrs.

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

Technology and Policy

sem. hrs.

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

The Law of Credit

3 sem. hrs.

Economies in much of the world, including the United States, are still reeling from the financial crisis that by 2008 resulted in a severe recession. Causes of the crisis have been widely debated, but extensions of credit were at or near the core of most everyone’s analysis. At the very time that some were blaming “easy credit” for the financial crisis, one of the principal problems prevailing in the United States economy was the unavailability of sufficient credit. It seems that neither too much (too “easy”) credit nor too little available credit is a good thing. This course addresses the legal environment for the extension of credit and the relationships between creditors and debtors. The approach will be strictly neutral about the benefits and detriments of any particular extension of credit. On the other hand, it will explore whether in general the legal regime should facilitate the extension of credit by one consenting party to another. Inevitably, of course, a legal regime that permits useful and efficient extensions of credit is necessarily one that also allows parties—debtors, creditors or both—to make some mistakes. The course also will explore legal rules relating to credit which take into account considerations such as greatly disproportionate bargaining power and serious information asymmetries—circumstances that have given rise to proposals—and new laws—addressing “consumer protection.” The course will provide an intensive examination of many of the practices and legal problems which arise in the extension of credit, particularly business credit. The principal doctrinal 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.

Thinking Like a Litigator (S)

sem. hrs.

Litigators spend most of their time working on pre-trial matters, rather than actually trying cases. This skills seminar is designed to give students practical experience in pre-trial thinking, writing and speaking. Students will have the opportunity actually to do (on a limited basis) what real litigators do day-to-day. We hope that students headed for litigation departments in law firms will find this to be good training for their work experience. The course is built around a group of hypothetical cases. Several simple cases will be used only for single class sessions, while two or three more complex cases will be used for multiple sessions. The case materials will consist either of (1) fact patterns, (2) packages of pleadings, motions, discovery responses and the like, or (3) deposition summaries. For some cases, all students will receive identical materials. For other cases, the class may be divided into two groups -- plaintiff and defendant -- and each group will receive different materials. No legal research will be required, although the students will have to take into account the relevant substantive (mostly contract and tort) law. A course in Evidence will be helpful but it is not a prerequisite. Students are expected to attend and actively participate in all class sessions (except for true emergencies). The class is built on class participation. If most students want to skip the Wednesday before Thanksgiving, however, we wil try to reschedule that session. There will be no final or mid-term examination. Students will be required to write a number of short pieces and one long memo.

Topics in Defamation

2 sem. hrs.

This course is meant to be an introduction to the basics of the law of defamation, and to current areas of controversy as the law continues to develop and new media emerge. A prior class dealing with First Amendment issues would be helpful, but is neither required nor necessary.

Torts

sem. hrs.

This course develops and analyzes the basic philosophies and theories supporting non-promissory civil liability for harm to the person, personality, and real property; and the rules prescribing the intentional, negligent, and wrongful conduct on which liability is predicated.

Transnational Legal Clinic

6 sem. hrs.

PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR CLINICS AVAILABLE ON THE REGISTRATION INSTRUCTION PAGE. During the Spring Semester 2012 students in the Transnational Legal Clinic (working in teams of 2) will engage in direct representation of individual clients in a range of immigration cases. [Representation of individual and organizational clients in a range of international human rights cases and projects will resume Fall 2010]. Cases will include advocacy before administrative agencies and immigration court. Students are expected to assume responsibility for all aspects of client representation and legal advocacy, while exploring differences in culture, language and legal systems. They meet regularly in their teams with the faculty supervisor to receive guidance and constructive feedback. Seminar time is devoted to: training in fundamental lawyering skills (interviewing, counseling, fact investigation, case theory and persuasive advocacy) through lectures, videos, interactive group work and simulations; and, case rounds, during which students share developments and solicit suggestions and feedback on legal, factual, ethical and strategic issues that arise in their cases. In addition, a visit to observe proceedings in the Philadelphia Immigration Court is arranged as part of the course. Students are asked to make every effort to attend. Throughout the semester, students will have the opportunity to discuss competing interests underlying the development of immigration law in the U.S. and in other countries, and its relationship to international law, the role of international and comparative law in effectuating change at the domestic level, law and organizing, and the role of the lawyer and the client in larger human rights/impact litigation cases. The seminar is not a substitute for an international or immigration law course. Substantive law will be discussed as needed in specific cases and students are responsible – with the guidance of the faculty supervisor – for researching and analyzing the underlying law(s) and procedure(s) relevant to their individual cases. Fieldwork and seminar components of the course are graded separately. Students are provided a grading memo at the start of the semester outlining the criteria on which they will be graded. Students are expected to engage in critical reflection on the choices presented and made in their cases, and are required to write a self-evaluation memo mid-semester and at the end of the semester assessing their own performance and professional development. Class participation is mandatory. Students enrolled are required to read prior to the start of classes The Spirit Catches You and You Fall Down, by Anne Fadiman. The book explores the relationships between the American medical system, doctors and social workers, and a young Hmong girl and her refugee family. It raises several issues of cross-cultural communication that will serve as the basis for discussions throughout the semester and for student reflection and reference during interactions with their own clients. N.B. You may not enroll in this course if you are enrolled in another clinical course or an externship in the same semester. In order to avoid being replaced by a student on the wait list, you must appear by the first meeting of the class. Students who elect to use their enrollment in this clinic toward their public service requirement will receive one less credit for this course. The drop/add period for this course ends at 4 p.m. on the first Friday after the start of the course.

Trial Advocacy

sem. hrs.

What is trial work really all about? What does it mean to be a trial lawyer? This introductory course will provide an overview of the litigation process. Topics will include new case analysis, investigation, evidence gathering, deposition preparation and taking, trial preparation, jury selection, opening statements, closing arguments, direct examination and cross-examination. For four class sessions, we will mock try a case with all students participating in some manner. This course may be taken along with, instead of, after or before the full year trial advocacy course (in other words, taking one doesn't preclude taking the other). Attendance and class participation are mandatory. Class work will count toward each student's grade within the guidelines recognized by the law school.

Trial Advocacy: Yearlong

sem. hrs.

This is a pass-fail course with strict reading and in-class performance requirements. It is a skills course in trial techniques and related litigation theory development. The student will learn how to prepare and try civil and criminal cases. The objectives are to create strong fundamental skills in the art of direct examination, cross-examination, objections, preparation of witnesses, jury selection, preparation and examination of expert witnesses, introduction of documents, and opening and closing arguments. There will be video-taped exercises followed by individual critique. The course culminates in full mock trials in state or federal courtrooms, with witnesses and jurors. All students participate as trial counsel. It is strongly recommended that students have completed, or are currently enrolled in an Evidence course. Attendance and participation are mandatory. Approximately six (6) students will be selected from the combined classes to participate, on a voluntary basis, in the National Mock Trial Competition. Tryouts are held at the conclusion of the first semester. If selected, the Trial Team's second semester will entail participation on the Trial Team, and those selected will not be required to attend the regular Trial Advocacy classes. This course is graded credit/fail only.

Trusts and Estates

sem. hrs.

This course is a general survey of the law relating to family wealth transmission, both during life and at death. The course will study transfers within the probate system-wills and intestate succession-and transfers outside it, with special attention to trusts. The course will examine the substantive law as well as the policy issues and history on which substantive law is based. Particular attention will be given to the Uniform Probate Code although we will also consider the substantive law of other jurisdictions where the UPC is not in effect. Cases from a variety of jurisdictions will also be discussed. We will consider the impact on these legal issues of domestic partnership, same-sex marriage and related statutory developments in a number of jurisdictions. Examination.

U.S. Legal Research

1 sem. hrs.

The course provides an introduction to U.S. legal resources and research.

UN Security Council in the 21st Century (S)

3 sem. hrs.

This seminar is an introduction to the functions and operations of the UN Security Council, the only body of the United Nations capable of compelling action by a Member State. The intent of the course is to expand the student’s understanding of the strengths and limitations of the Security Council; the legal and political framework within which it operates; the practical aspects of advocating for Security Council action; and proposals for reform. Students will become equipped with the analytical tools to assess if a country situation falls within the jurisdiction of the Security Council as well as understanding the complex interplay between the Council and other UN and international organizations. To help make the subject as tangible as possible, the instructor will use a variety of techniques including role-playing, case study examples, video clips, discussions, lectures, and an occasional guest speaker. International law would be a helpful background to taking this course.

Visual Legal Advocacy (S)

sem. hrs.

Visual Legal Advocacy will introduce students to the art of making short nonfiction advocacy films on behalf of actual individual clients and/or groups devoted to the advancement of the cause of social justice. Instruction will track the steps in the production of a nonfiction or documentary film, starting with pre-production planning (including writing treatments and shooting scripts, budgeting, and scheduling), going on to the rudiments of production (including introductions to camera, lighting, and sound equipment), and concluding with post-production (including making paper edits and an introduction to editing). Participants will be divided into several working groups that will be responsible for the production of a short piece of visual legal advocacy, most likely a video clemency petition made on behalf of a formerly incarcerated person whose employment opportunities are limited by her/his criminal record or a victim impact statement made on behalf of a person harmed or injured by Philadelphia's gun violence.

White Collar Crime and Capital Markets (S)

3 sem. hrs.

This seminar will provide an overview of the federal law targeting white collar crime in the securities industry. The statutes, regulations and jurisprudence addressing criminal conduct in investment banking and brokerage will be examined from two perspectives: measures targeting bad actors whose crimes threaten the integrity of the capital markets, such as securities fraud; and measures holding broker-dealers and other financial institutions accountable for facilitating improper conduct, including violations of the USA Patriot Act and the Foreign Corrupt Practices Act. Beyond a mere review of the black letter law, however, the course will offer a practitioner’s perspective. Students will gain insight into how federal prosecutors, regulators and investigators work together to develop complex white collar cases. They will hear from guest speakers -- current and former Assistant US Attorneys, SEC Enforcement attorneys, FBI agents, and white collar defense attorneys -- about their real-life experiences. The seminar will also examine the various typologies of securities fraud, their impact on the way business is done on Wall Street, and evolving law enforcement efforts to police that business. From insider trading to "pump and dump" and "ponzi" schemes, the tools of the fraudsters' trade will be analyzed through the prism of recent cases including Bernard Madoff, Raj Rajaratnam and Martha Stewart. Court Golumbic is a Managing Director in the global Compliance Department of Goldman Sachs & Co. in New York. He was formerly an Assistant United States Attorney with the United States Attorney's Office for the Southern District of New York, where he specialized in investigating and prosecuting securities fraud, money laundering, and other forms of white collar crime.

Widening the Lens on Corporate Law (S)

3 sem. hrs.

This seminar will consider some of the canonical cases in corporate law, and use that as a departure point for broadening students’ perspective on corporate law beyond our borders. The course will rely primarily on two texts, Corporate Law Stories, which will provide the basis for our consideration of some of the most important corporate law cases, and The Anatomy of Corporate Law, which will expose the class to how other nations address critical recurring issues in corporate law, including conflict transactions and the role of the board versus management. Students will read key cases in their entirety which will provide them with a better understanding how judges decide cases and what the cases really say, and also a better sense of what it means to be a lawyer, when reading entire cases is required. Throughout the seminar’s course, class will be enriched by a few special classes with distinguished visitors from practice and academia. Students are expected to attend class and participate actively in seminar discussion. In addition, students will be expected to write a paper based on a case or high profile corporate business decision not covered in the class, but using the format of the text in terms of telling a “story” that has corporate law implications. The paper will thus provide a substantive discussion of the doctrine as well as the history surrounding the case or business decision. The grade in the class will be based 50% on class participation and 50% on the paper.

Writing About the Law (S)

Writing for Practice

2 sem. hrs.

This course will be devoted to the types of writing most frequently encountered in transactional law firm practice. We will work on client communications ranging from informal email style to opinion letters. Most of the writing will not require much, if any, research, though one project will require 5 to 10 hours research. We will not be drafting litigation memos, briefs, etc. Rather we will be working on the kinds of communications that typically advise clients of legal risks and how to minimize those risks in business transactions. Minimizing risks can, of course, range from advising clients of risks so they can be factored into a business decision, to suggesting alternate transaction strategies to, in extreme cases, advising abandonment of the proposed transaction. The most difficult, and correspondingly most valuable, part of this course is learning how to explain complicated and sometimes vague legal concepts in terms that non-lawyer clients can understand and use in operating their businesses. Add/drop for this course will end after 1 week: on January 14. Enrollment limited to JDs.

(S)

sem. hrs.

In this seminar course, entitled Political Authority and Political Obligation, we will be examining, from a philosophical perspective, the related questions of whether and under what circumstances the state possesses the legitimate moral authority to govern, and whether and under what circumstances citizens possess a general moral obligation to obey the law. Theorists often treat these two questions as though they are theoretically interchangeable, but, as we shall see, there are good reasons to doubt that this is so. We will begin with Robert Paul Wolff’s famous anarchist thesis that the state never has legitimate moral authority to govern, and, relatedly, that citizens never have a general obligation to obey the law. We will then examine a number of well-known theories that claim to show that, under certain circumstances, the state is capable of possessing at least partial moral authority to govern. We will look at, inter alia, A. John Simmons’ version of the so-called principle of fair play, Joseph Raz’s so-called service conception of authority, John Finnis “natural law” theory of political authority, Jeremy Waldron’s version of John Rawls’ theory of the duty to support just institutions, David Estlund’s theory of democratic political authority, Ronald Dworkin’s theory of associative obligations, and various versions of consent theory. In addition to examining these specific theories, we will also inquire into the more abstract set of conditions that any theory of legitimate political authority or legitimate political obligation must meet if it is to have any chance of being successful, either in whole or in part. In this regard, the work of Leslie Green and David Copp, among others, will prove particularly helpful.

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