Skip Navigation
Site Search

SEARCH  |  ADVANCED  |  A-Z

ABOUT PENN LAW   |   PROSPECTIVE STUDENTS   |   ACADEMICS   |   FACULTY   |   CROSS-DISCIPLINARY FOCUS   |   INTERNATIONAL   |   DEPARTMENTS & SERVICES   |   EVENTS   |   NEWSROOM

UPPER LEVEL COURSE DESCRIPTIONS

(S) = Seminar

1L Legal Writing Instructor: Yearlong

3.5 sem. hrs.

Legal Writing Instructors and Fellows only.

back to top

Accounting

2 sem. hrs.

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

back to top

Adv Issues in Priv Fin & & Corp Reorg - Yearlong (S)

1.5 sem. hrs.

This seminar will address topics in private financing and corporate reorganization under Chapter 11 of the Bankruptcy Code. The principal emphasis will be on student research; a written research paper (which may satisfy the senior writing requirement) will be required. Students will be required to select a paper topic and submit a brief abstract before December 1, 2008. The instructor will be available in during the fall term consult with students about the selection of a topic. There also will be one or more organizational meetings in the fall term. Beginning after spring break seminar meetings will be devoted to students' presentations of their research and discussions by the seminar participants. Students wishing credit for the senior writing requirement must submit an initial draft for my review and comment by the week following spring break. All final papers will be due no less than five days before grades are due in the Registrar's Office for graduating students.

back to top

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

3 sem. hrs.

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

back to top

Advanced Business Law: Understanding Business Law Scholarship (S)

3 sem. hrs.

This course is designed to introduce the student to current academic research and scholarship on a range of business law topics. Students will read 6-8 works in progress by leading academics, and then attend workshop sessions in which the authors present their work. Prepatory sessions will focus on background readings that enable students to understand the scholarship in context. Students are expected to write short (approximately 5 page) position papers analyzing each of the papers presented and to participate actively in the discussion sessions. Students may complete the writing requirement and receive an additional credit by writing a research paper. Several sessions of this class will be cancelled, including October 9th. Make-up sessions will be announced. Corporations is required as a pre-requisite or co-requisite.

back to top

Advanced Constitutional Law

3 sem. hrs.

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

back to top

Advanced Criminal Law

3 sem. hrs.

The Fall 2006 Advanced Criminal Law builds upon the introductory criminal law course through a series of case studies and statutory drafting exercises. The case studies are from public sources or from the softcover coursebook, Criminal Law Case Studies (3d ed. West 2007), which is on reserve at the library. Student teams argue the prosecution and defense side of each case, based upon commonsense justice arguments that one might make to a jury, as well as upon the law as it then existed, and upon the Model Penal Code. The legal source document for the course is a general treatise on criminal law (Robinson, Criminal Law (Aspen 1997)), also on reserve at the library, so success in the course does not depend upon what a student remembers from, or what professor he or she had for, introductory criminal law. Student teams also draft proposed criminal code provisions relating to issues that arise in the case studies. Case studies in the past have concerned such topics as a brainwashing defense, the use of torture to save civilian lives, the battered spouse syndrome as a defense to spouse killing, the use of the death penalty, the use of the lesser evils defense in instances of protest or civil disobedience, drug addiction as involuntary intoxication, the use of deadly force against burglars, the defense of military orders, and euthanasia.

back to top

Advanced Legal Research

1 sem. hrs.

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

back to top

Advanced Patent Law

3 sem. hrs.

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

back to top

Advanced Problems in Federal Procedure (S)

3 sem. hrs.

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

back to top

Advanced Topics in Commercial Real Estate Seminar (S)

3 sem. hrs.

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

back to top

Advanced Torts

3 sem. hrs.

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

back to top

American Trials Seminar (S)

3 sem. hrs.

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

back to top

Analytical Methods in the Law

3 sem. hrs.

Familiarity with quantitative reasoning and statistics is increasingly an important part of a lawyer’s job. This course will prepare students to understand the use of and to apply quantitative tools from statistics, finance, and economics to problems of legal importance. Topics covered include decision analysis, hypothesis testing, linear regression, game theory, microeconomics, and time discounting. 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.

back to top

Anatomy of a Divorce

2 sem. hrs.

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

back to top

Animal Law & Ethics (S)

3 sem. hrs.

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

back to top

Antitrust Law

3 sem. hrs.

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

back to top

Appellate Advocacy

3 sem. hrs.

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

back to top

Appellate Advocacy

3 sem. hrs.

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

back to top

Appellate Advocacy

3 sem. hrs.

My primary goal is to help you improve your skills in legal writing, which will serve you in any practice context; but for purposes of this course, we will focus on how to write a persuasive appellate brief, using readings, focused writing exercises (in and out of class), and drafting briefs. All writing will be subject to detailed in-class review (by the instructor and fellow classmates), so attendance and participation is important. Students will also do at least one (perhaps two) videotaped oral argument, which we will critique. There will be no required independent legal research. The briefs tend to involve criminal law or procedure issues. You may get an assignment in August, due at the first class. Depending on schedules, we might front-load some class hours at the beginning of the semester (e.g., longer classes; extra day) to get through basic material early, which will free up class time later for actual writing. Because of that, late entrants may find it difficult, so I am not encouraging drop/add. Class is limited to 12 students, with preference given to 2Ls.

back to top

Appellate Advocacy

3 sem. hrs.

Each student will be assigned three problems each of which will require a written assignment. Two of these written assignments will also require oral argument. The assignments typically involve constitutional or civil rights issues, and often arise out of juvenile or criminal justice cases, but have also involved civil matters. The assignments usually involve real cases either currently underway or recently concluded. The cases may involve either state or federal appellate proceedings. Students will also be assigned readings in advocacy and related topics. No more than 12 students are admitted to each section; preference is given to second-year students. The first class will meet on [ ]?

back to top

Appellate Advocacy

3 sem. hrs.

This course will focus upon writing and oral argument as the keys to effective appellate advocacy. Communication through speech and writing serves many different goals. The goal of the advocate is persuasion, and the purpose of the course is to identify the specific tools of communication that lend strength to the advocate's position. Students will submit two written assignments, a petition for allowance of appeal, and an appellate brief. Students will then present oral argument based upon the brief. Class attendance is important for the course to be of value. Preference is given to 2L students.

back to top

Appellate Advocacy

3 sem. hrs.

Each student will be assigned two problems requiring a written assignment and an oral argument. One of the written assignments will be a full brief under the Federal Rules of Appellate Procedure. Students will also be assigned readings in advocacy and related topics. No more than 12 students are admitted to each section; preference is given to second-year students. Each section will meet in 13 sessions between September 13 and December 6.

back to top

Appellate Advocacy

3 sem. hrs.

This course is about non-trial advocacy in civil lawsuits before Judges. Written and oral 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. This section emphasizes the development of these skills through brief writing and oral presentations assignments, all drawn from actual business and constitutional litigation cases. Recent federal judicial statistics bear out the importance of developing these skills. The 2007 Judicial Business of the United States Courts statistics reveal that of the approximately 240,000 civil cases resolved by the U. S. District Courts, approximately 23% (55,275) were resolved without any court action and 63% (150,756) were resolved with court action but before trial. Strikingly, less than 4% (9,832) were resolved during or after trial. Of the more than 63,000 appeals resolved by the U. S. Courts of Appeals, approximately 50% (28,755) were terminated not on the merits. Of the remaining approximately 31,717 appeals, the Court heard oral argument in only 28% (8,662) of those cases. This Section of Appellate Advocacy will focus on written and oral advocacy skills necessary for the 63% of cases at the trial level and those on appeal. Students will be expected to participate in frequent exercises requiring them to serve as counsel in a variety of contexts, including chambers conferences, motion practice, discovery arguments and in an appeal before the U.S. Court of Appeals. Second year medical students begin to rotate through the hospital to gain hands on experience in providing medical care. By analogy, this course places you in a commercial litigation law firm, litigating cases before the United States District Court and Court of Appeals.

back to top

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.

back to top

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

3 sem. hrs.

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

back to top

Assessment and Regulation of Environmental Risks (S)

3 sem. hrs.

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

back to top

Bad Intentions Seminar (S)

3 sem. hrs.

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

back to top

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

3 sem. hrs.

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

back to top

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

3 sem. hrs.

People affected by bipolar disorder, major unipolar depression, anxiety disorders, stress disorders, schizophrenia and other DSM-IV mental illnesses have rich and difficult moral lives. This includes lawyers, judges, physicians and other highly regarded professionals. Read their autobiographies and discover remarkable levels of moral and ethical engagement. This seminar will examine how moralists recommend that a just and caring society judge and respond to the harmful and offensive acts of people with mental conditions. The seminar will also examine how we can rethink moral agency and other basic moral concepts to account for the moral engagement by people with mental conditions. What services and opportunities will a just society offer persons affected by mental illness to enhance their moral agency? The required texts for the course include five books (three of them riveting memoirs written by accomplished professionals with serious mental conditions) and a compilation of readings assembled by Prof. Allen.

back to top

Blasphemy Seminar (S)

3 sem. hrs.

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

back to top

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).

back to top

Chapter 11: Corporate Reorganization

3 sem. hrs.

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

back to top

China and International Law Seminar (S)

3 sem. hrs.

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

back to top

Chinese Law

3 sem. hrs.

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

back to top

Christian Legal Theory Seminar (S)

3 sem. hrs.

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

back to top

Christian Legal Theory Seminar (S)

3 sem. hrs.

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

back to top

Church and State

3 sem. hrs.

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

back to top

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 the Criminal Defense Clinic, or an externship in the same semester; or b) you are responsible for 3 or more incomplete grades at the beginning of the semester. You must appear by the second meeting of the course. The drop/add period for this course ends at 4 p.m. on the first Friday after the start of the course. Students who elect to use their enrollment in the Civil Practice Clinic toward their public service requirement will receive one less credit for this course.

back to top

Commercial Credit I

3 sem. hrs.

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

back to top

Commercial Credit I

3 sem. hrs.

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

back to top

Commercial Credit II

3 sem. hrs.

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

back to top

Commercial Transactions: Domestic and International Sales

3 sem. hrs.

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

back to top

Common Law Contracts for Civil Lawyers

2 sem. hrs.

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

back to top

Comparative Constitutional Law (S)

3 sem. hrs.

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

back to top

Comparative Law

3 sem. hrs.

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

back to top

Complex Litigation & Dispute Resolution Seminar (S)

3 sem. hrs.

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

back to top

Conflict of Laws

3 sem. hrs.

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

back to top

Constitutional Criminal Procedure

3 sem. hrs.

This course will focus upon constitutional law issues that arise during the investigation of a criminal case. Attention is given to Fourth Amendment limitations on police conduct; the scope of the exclusionary rule; the law of confessions, including Miranda v. Arizona and its progeny; lineups and other pre-trial identification procedures; the use of informants and secret agents; and the privilege against self-incrimination in the grand jury setting.

back to top

Constitutional Jurisprudence Seminar (S)

3 sem. hrs.

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

back to top

Constitutional Litigation

4 sem. hrs.

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

back to top

Constitutional Theorizing Seminar (S)

3 sem. hrs.

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

back to top

Constitutionalism in South Africa

1 sem. hrs.

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

back to top

Consumer Law: From Fraud to the Fed

3 sem. hrs.

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

back to top

Contemporary Issues in Law & Politics Seminar (S)

3 sem. hrs.

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

back to top

Contract Drafting (S)

3 sem. hrs.

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

back to top

Copyright

3 sem. hrs.

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

back to top

Copyright Theory Seminar (S)

3 sem. hrs.

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

back to top

Corporate Finance

3 sem. hrs.

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

back to top

Corporate Law Theory Seminar (S)

1.5 sem. hrs.

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

back to top

Corporate Lawyering

2 sem. hrs.

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

back to top

Corporate Taxation

2 sem. hrs.

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

back to top

Corporations

4 sem. hrs.

This course will focus on the structure and characteristics of the modern business corporation, with particular attention given to problems relating to the large, publicly held company. Some emphasis will be given to federal securities laws and the impact of federal securities regulation on corporate governance. The open-book exam will be a combination of essay, multiple-choice, and short-answer questions. PLEASE NOTE: NO LAPTOPS WILL BE PERMITTED IN THIS CLASS.

back to top

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. The drop/add period for this course ends at 4 p.m. on Friday, September 5, 2008. In addition to various handouts provided by the instructor, the required text is Crimes Code of Pennsylvania, Gould Publications. Students who elect to use their enrollment in the Criminal Defense Clinic toward heir public service requirement will receive three credits for this course.

back to top

Criminal Defense Clinic

4 sem. hrs.

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

back to top

Criminal Law Theory (S)

3 sem. hrs.

SEMINAR IN CRIMINAL LAW THEORY Fall '08 – INTUITIONS OF JUSTICE This Seminar examines issues of criminal law theory, as presented in a selection of readings from the scholarly literature. The specific criminal law theory topic of the Seminar is different each year, and is announced before the Seminar begins. Fall 2008 Seminar Topic: INTUITIONS OF JUSTICE This year's seminar will concern intuitions of justice and will examine such questions as: How do people's intuitions of justice compare to the criminal law's formal liability and punishment rules? What level of agreement or disagreement is there among different people's intuitions? Do these differences differ with demographics? Where do people's intuitions of justice come from? Should the criminal law care about lay person's intuitions of justice? Does it? If the criminal law was to track people's shared intuitions of justice, what would the legal rules look like? The first portion of the seminar will include readings that examine these questions. The second portion will involve the presentation of student papers on topics related to these questions. See the seminar's course portal for copies of the kinds of materials that will be included in the seminar's readings. **please note that all students who wish to be in the seminar -- be they currently registered or on the Wait List (or just interested in the class) -- must attend the first seminar meeting.**

back to top

Criminal Law Theory (S)

3 sem. hrs.

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

back to top

Criminal Procedure: Investigation

3 sem. hrs.

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

back to top

Criminal Procedure: Prosecution and Adjudication

3 sem. hrs.

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

back to top

Current Issues in Corporate Law and Governance Seminar (S)

3 sem. hrs.

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

back to top

Cybercrime Seminar (S)

3 sem. hrs.

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

back to top

Cybercrime Seminar (S)

3 sem. hrs.

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

back to top

Deals: Economic Structure of Transactions & Contracting

3 sem. hrs.

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

back to top

Death Penalty Externship - Fieldwork

7 sem. hrs.

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.

back to top

Death Penalty and Habeas Corpus

2 sem. hrs.

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

back to top

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

3 sem. hrs.

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

back to top

Dispute Settlement in the WTO

1 sem. hrs.

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

back to top

Distributive Justice & Private Law (S)

3 sem. hrs.

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

back to top

Documentaries & the Law

3 sem. hrs.

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

back to top

Early American Legal History (S)

3 sem. hrs.

This seminar will explore the social and intellectual history of American law in the colonial period. While we will pay some attention to the development of legal rules and institutions, we will concentrate on legal culture—on that configuration of values and habits of mind that shaped the operation of the legal system and informed how colonists understood the law’s purposes and meanings. In so doing, the course will stress the multiple roles of law: as a way of resolving disputes, distributing resources, channeling politics and social development, shaping personal identities, and creating authoritative categories of knowledge. This seminar is organized into four main parts. The first section charts how colonization produced divergent regional legal cultures in the seventeenth-century Chesapeake and in Puritan New England. The second looks at the regulation of slavery and of gender relations. The third returns to the problem of seventeenth-century legal culture, exploring not regional variation, but the important and distinctive characteristics of that legal culture evident throughout the American colonies, characteristics that lent it a flavor or style. Finally, the fourth section asks how and why the legal culture of the eighteenth century displaced that of the seventeenth. Stronger imperial oversight, the growing importance of trained lawyers, and the expansion of population and commerce are all considered as causes of this transformation. The seminar ends by asking if there is a rubric that aptly describes the course of colonial legal development from 1600 to 1760—perhaps modernization, or anglicization, or the formalization of informal law?

back to top

Education Law & Policy Seminar (S)

3 sem. hrs.

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

back to top

Employment Discrimination

3 sem. hrs.

This course will introduce the basic theories and legal principles underlying equal employment opportunity law in the United States. The course 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.

back to top

Employment Law

3 sem. hrs.

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

back to top

Entrepreneurship Legal Clinic

5 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 entrepreneurs from underserved communities. 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. Enrollment is limited to 16 students. Corporations is a prerequisite. N.B. You may not enroll in this course if: a) you are enrolled in another clinical course, or an externship in the same semester; or b) you have 3 or more incomplete grades at the beginning of the semester. To successfully enroll in this course and avoid being replaced by a student on the wait list, you must appear by the second class session. (See General Enrollment Procedures for Clinics available on the Registrar's Clinic Course Description page). The drop/add period for this course ends at 4 p.m. on the first Friday after the start of the course. Students who elect to use their enrollment in the Entrepreneurship Legal Clinic toward their public service requirement will receive one less credit for this course.

back to top

Environmental Justice Theory and Practice Seminar (S)

2 sem. hrs.

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

back to top

Environmental Lawyering

2 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 and a state or federal judge. The course is for students interested in learning environmental law and/or in just learning lawyering skills.

back to top

Estate & Gift Taxation

3 sem. hrs.

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

back to top

European Union Law

3 sem. hrs.

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

back to top

Evidence

4 sem. hrs.

A study of the common law and federal rules of proof. The scope and function of the rules are analyzed against the background of the adversary system. Perspectives from history, philosophy and neuroscience will be considered, and the rules evaluated on the basis of their logical consistency and their tendency to promote or impede a rational method of investigation. The format will combine lectures organizing the materials, Socratic questioning on the readings, and class discussions about policy issues. The exam will be partial open book in that a clean copy of the federal rules will be provided for use during the exam, but no other materials will be allowed. The exam will consist of three sections, worth one-third of the grade each. There will be an objective section and two essay questions, one of which will be handed out in advance (on the last day of class), but which must be answered during the examination period. The objective questions and the other essay will be encountered for the first time during the examination period in the normal manner.

back to top

Externship: Community Legal Services Fieldwork

7 sem. hrs.

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, c