CONSTITUTIONAL LAW

PENN LAW FACULTY

PENN LAW ADJUNCTS & LECTURERS

TOLL PUBLIC INTEREST CENTER PARTNERS AT PENN

POSSIBLE PRO BONO PLACEMENTS FOR STUDENTS INTERESTED IN CONSTITUTIONAL LAW INCLUDE:

Alliance for Justice
American Civil Liberties Union
Anti-Defamation League
Ballard Spahr Andrews & Ingersoll, LLP (assisting with pro bono cases)
CeaseFire PA
Center for Arms Control and Non-Proliferation
Center for Disability Law & Policy
Center for Individual Rights
City of Philadelphia Law Department
Committee of Seventy
Community Legal Services, Inc.
Defender Association of Philadelphia
Foundation for Individual Rights in Education, Inc. (FIRE)
General Counsel of the School District of Philadelphia
Institute for Justice
Lawyers’ Committee for Civil Rights
Penn Law Marshall-Brennan Constitutional Literacy Project
Penn Law Prisoners Legal Education and Advocacy Project
Penn Law Reproductive Rights Project
Pennsylvania Attorney General’s Office – Civil
Pennsylvania Human Relations Commission
Philadelphia Commission on Human Relations
Philadelphia Police Advisory Commission
Public Interest Law Center of Philadelphia (PILCOP)
Servicemembers Legal Defense Network (SLDN)
Southern Poverty Law Center
The Field Center for Children’s Policy & Research

PENN LAW COURSES

3 sem. hrs.
We live in an administrative state, populated by thousands of governmental bodies that collectively exercise pervasive authority over the entire economy and the lives of every citizen. Unlike courts, which enjoy explicit constitutional independence, administrative agencies constitute a more constitutionally ambiguous “fourth branch of government.” Also unlike courts, most agencies have authority to wield a wide variety of regulatory powers other than adjudication, including rulemaking, licensing, advice-giving, and prosecution. Administrative law is the body of constitutional, statutory, executive, and “common law” principles that constrain and thereby seek to legitimate the exercise of these powers. This course will provide a critical examination of these principles, preparing you for the inevitable encounters lawyers have with administrative agencies in their professional practice. This is a 1L elective course and 1Ls will receive priority in enrollment.

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.

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

3 sem. hrs.
Appellate litigation is an integral and multifaceted part of the overall litigation process. It naturally includes the written and oral presentation of arguments in a properly-lodged appeal. It also includes the threshold questions of whether appellate jurisdiction exists as a matter of right and/or whether the appellate courts should exercise discretionary review. It includes assuring issue preservation and development of a complete record in the trial courts. It includes helping settle case in the context of appellate mediation. This course will introduce students to the roles performed by appellate counsel while providing opportunities to practice written and oral advocacy in the appellate setting. We will consider problems arising under both the Federal and Pennsylvania Rules of Appellate Procedure. There will be two written assignments (a short petition, and a longer brief). There will be a moot court exercise and consideration of how to effectively prepare for oral argument. Attendance and participation are obviously important. You may get an assignment in August due at the first class. Class is limited to 12 students, with preference given to 2Ls.

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 at the first meeting of the course, or you will be automatically dropped from the course (unless you have advance permission from the instructor). The drop/add period for this course ends at 4 p.m. on the first Friday after the start of the course. Students who elect to use their enrollment in the Civil Practice Clinic toward their public service requirement will receive one less credit for this course. Each CPC student may be assigned to work with a team of colleagues to prepare and present a community workshop conducted in the evening on a civil law topic affecting Philadelphia’s low-income community.

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

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 first eight weeks of the seminar will be structured around presentations by visiting scholars, judges and practitioners on topics that include pleading, class action litigation, non-class aggregate litigation, and the choice between litigation and arbitration. The last five weeks of the seminar will be devoted to the discussion of student papers on topics that students selected during the first week of classes. Enrollment will be limited to 15 students.

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.

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

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.

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.

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

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. Students must add the class no later than the first class session, though they may drop during the first or 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. The final grade will depend almost entirely on an eight-hour, open-book, issue-spotting essay exam, which students may take wherever they wish but must take on the particular date set by the Registrar. Students may also choose to take an optional oral midterm, which will count only if it raises a student's grade. Class participation may raise but not lower a student's grade.

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

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. Attendance is mandatory. Absences for good cause are permitted. I view this seminar as a discussion class. It is limited to 14 students. The absence of even one person diminishes everyone's experience. Your first class meeting for Cybercrime (Levy) will be on Friday, Janurary 15, 2010 from 12:00 to 2:00pm in T-345.

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

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.

7 sem. hrs.
PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR EXTERNSHIPS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. The Death Penalty Externship will provide law students with hands-on training in most areas of post-conviction capital case litigation. Students will participate in a thorough orientation on capital work and responsibilities at the Capital Habeas Corpus Unit, Federal Court Division of the Defender Association. They will also attend informal seminars instructed by staff attorneys on specific aspects of capital post-conviction litigation including habeas corpus evaluation hearings and appellate litigation. Most of the students' time will be spent researching and writing claims for inclusion in habeas petitions as well as investigating cases, including interviewing clients, witnesses, and jurors.

4 sem. hrs.
PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR EXTERNSHIPS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. Penn Law School, in cooperation with Dechert LLP, a major national law firm, offers an innovative opportunity for students who are interested in federal appellate litigation to participate in an appellate clinical externship at Dechert's Philadelphia office. Students will work closely with attorneys from Dechert’s appellate practice to identify issues for appeal, conduct research, draft briefs, moot oral arguments, and, whenever possible, argue their assigned cases before the U.S. Court of Appeals for the Third Circuit (to the extent allowed by Third Circuit Local Rule 46.3 which permits students to argue civil rights and habeas cases on behalf of indigent prisoners). Under the supervision of Dechert Partner Cheryl A. Krause, in conjunction with the Penn Clinical program, students will participate in a 4-credit externship (requiring on average 12 hours per week from each student), gaining invaluable hands-on experience in federal appellate litigation. Should some (or all) of the students have their cases selected for oral argument in the spring term, they may, on an individual basis, be able to pursue independent study credit, if appropriate, for work related to preparing for and delivering their oral argument(s). This externship is only open to third year students since a student must complete four semesters before being eligible to make an appearance in the Third Circuit under the Court’s student practice rule. In order to be considered for enrollment, interested students must submit the following documents to the Registrar i) a one page statement of interest, highlighting any appellate or other relevant courses or experiences, ii) a resume; and iii) a writing sample. The Dechert law firm reserves the right to conduct brief interviews before making final enrollment decisions.

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

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

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

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

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

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

3 sem. hrs.
The goal of this seminar is to prepare students for their judicial clerkship experience upon graduation from law school. The course will focus on three principal areas: judicial writing, research resources, and the judicial experience and process. To provide a framework for these areas, specific areas of law will be discussed which give rise to unique problems which judicial clerks most frequently address. We will have a number of guest speakers and meet with current judicial clerks to discuss their experiences.

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.

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

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

3 sem. hrs.
This course draws together comparative law, constitutional law, jurisprudence, conflicts of laws, international law, human rights and legal history to examine the Nazi philosophy of law, emanating from the egregious racial ideology, and how it was used to pervert Germany's legal system to discriminate against, ostracize, dehumanize, and ultimately eliminate, certain classes of people; then, to study the role of international law in seeking to rectify the damage by bringing perpetrators to justice and constructing a system of international human rights designed to prevent a repetition. The course will consider the following areas: 1. The Holocaust: "Lawful Barbarism.” Overview of the Holocaust, and the ways in which it was "anchored" in law. 2. The Ideology That Made It Possible. Nazi theories of race and the nature and role of the State, and the legal system as an instrument of both. 3. The Nazi Legal System In Action. Laws giving effect to the theories of race, and their interpretation and application by the judges. 4. Jurisprudential Issues. Parts 2 and 3 above will form the foundation for an exploration of the role of morality in a system of law, through a consideration of academic writings and judicial reflection. An example of the former is the celebrated Hart-Fuller debate, in the Harvard Law Review; and an example of the latter is the controversial Bernstein litigation, in which the Courts grappled with the effect to be accorded in the US to expropriations of property by the Nazi regime. 5. Measure For Measure: The Response Of The International Legal System. Prosecution of crimes against humanity at Nuremberg; national legislation and court decisions bringing perpetrators of atrocities to justice; the Genocide Convention; and the evolution of international human rights, stressing the equality and dignity of all human beings, as a direct antithesis of the Nazi racial philosophy. 6. Lessons For The 21st Century. Case studies in which contemporary history--in Cambodia, the former Yugoslavia, Rwanda, Sudan, etc.--raises the disturbing question: What lessons, if any, has the world learned from the Nazi era? Teaching in the course revolves around specially-edited materials, supplemented by video excerpts of archival footage of the Nuremberg and Eichmann trials, a re-enactment of the Wannsee Conference, a biography of Dr. Josef Mengele, Leni Riefenstahl's classic propaganda film Triumph of the Will, and a contemporary war crimes trial arising in the context of the former Yugoslavia.

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

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

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

7 sem. hrs.
PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR CLINICS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. The Legislative Clinic offers students an opportunity to gain a deeper understanding of the role of lawyers in the legislative process and in the formation of public policy. The seminar is a live client course that combines legislative placements with a classroom seminar component. After consultation to consider student interests and preferences, students will be assigned to legislative placements in the offices of members of the Pennsylvania General Assembly or the U.S. Congress, or at public interest organizations advocating for legislative change under the supervision of experienced legislative advocates. In the seminar portion of the course, students will examine basic lawyering competencies required for successful legislative lawyering and will discuss issues of public policy, legislative strategy and professional responsibility that arise in their fieldwork. Seminar topics will include an examination of the role of the legislative lawyer; a comparison of lawyering skills needed to succeed in legislative and judicial forums; strategic legislative planning; statutory drafting; legislative research; and principles of legislative advocacy. The course may be taken for 7 credits (requiring 20 hours per week on average) or 4 credits (requiring a minimum of 12 hours per week). The course meets weekly for two hours. Enrollment is limited. Attendance is mandatory and class participation will count in grading. There is no final examination, however there are several required statutory drafting assignments, simulated exercises, and journal responsibilities. Students intending to enroll in the course must arrange their class schedules such that they can devote at least one full day during the week to their legislative placement. The best days to reserve for legislative placements are Tuesday, Wednesday, and Thursday (although Friday is acceptable). Please note that most Washington DC legislative placements now require two full days per week, so plan on taking the course for 7 credits if you are interested in a Washington DC legislative placement. You must appear at the first meeting of the course or you may be automatically dropped from the course (unless you have the advance permission of the instructor). The drop/add period for this course ends at 4:00 p.m. on the first Friday following the start of the course. Students who elect to use their enrollment in the Legislative Clinic toward their public service requirement will receive one less credit for this course.

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

4 sem. hrs.
PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR CLINICS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. Mediation involves the intervention of a neutral third party into an existing or threatened dispute, usually with the aim of facilitating a negotiated resolution of the conflict. Lawyers are increasingly immersed in this arena, both as mediators and as representatives of clients in mediation. It is also a subject of great interest to business/transactional lawyers and those practicing criminal law. This clinical course focuses on the role, skills and ethical questions involved in the mediation function. It includes classroom study, simulated skills training, observations of outside neutrals in actual cases, and real case fieldwork in which students are front-line mediators under faculty supervision. By the end of the course, students will have learned a great deal about negotiation, advising, evaluating cases in litigation, chairing a meeting--as well as conflict resolution as a mediator. The course begins with classroom study and intensive simulation skills training. During this period, students are assigned to observe actual mediations and adjudications. In order for the fieldwork to begin by Week 6, there are approximately 12 hours of extra skills classes. (There will be partial make-up time reduction in later weeks.) Starting in Week 6, students are assigned to faculty-supervised mediations. Cases include civil litigation, criminal matters, child custody disputes and employment discrimination matters. The seminar meets for two (2) class sessions per week during most of the semester. Enrollment is limited. In order to avoid being replaced by a student on the wait list, you must appear by the second meeting of the class. Students who elect to use their enrollment in the Mediation Clinic to satisfy their Public Service requirement will receive three credits for this course. *NB: Students must be available for extra front-end classes from 12:00-1:20pm on the following Mondays and Wednesdays: September 27, 29, October 4, 6, 11, 13, 18, and 20. *

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

2 sem. hrs.
This course will provide students with an understanding of election law, lobbying law, and ethics law (i.e., political law). These laws attempt to protect the principle of one person, one vote, and balance the public’s right of access to elected officials against the potentially disproportionate influence of special interests. In the current political environment, it is unclear whether these laws protect the interests of racial minorities. For example, do elected officials who need to raise large campaign funds, attract more voters, and interact with special interest groups, adequately represent minority constituents who may be small campaign contributors, disenfranchised, and underrepresented by interest groups? Specifically, the course will examine election laws governing voting rights, legislative redistricting, voter disenfranchisement, and campaign finance. The course will also cover lobbying laws and the influence of special interests groups. In addition, students will learn ethics laws, which seek to restrict officials from having conflicts of interest. We will examine the application of these laws on recent federal, state, and local elections and ethics scandals, including recent events involving President Barack Obama, Congressman William Jefferson, Governor Bill Richardson, Governor Deval Patrick, and Mayor Antonio Villaraigosa.

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

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

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

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

3 sem. hrs.
What does it mean when a police officer says "if you cannot afford an attorney, one will be provided for you"? Since 1963, the Sixth Amendment right to counsel has been interpreted to require the states to provide counsel to any defendant who cannot afford to hire an attorney. The right to counsel thus became an entitlement right, which is very rare in the Constitution. In this seminar, we will explore the evolution and current parameters of the right to counsel, including when counsel must be provided, what quality guarantee, if any, the right includes, impediments to the full functioning of the right, and efforts to enforce the right through litigation. We will also explore how the right applies outside the standard criminal courtroom, including post-9/11 contexts such as Guantanamo and Operation Streamline. Evaluation will be based on class participation (25%) and a paper (75%).

1 sem. hrs.
This course will examine changes by agency (at the Federal Communications Commission, the Federal Trade Commission), the role of the White House, Congress and other entities as "communications policy" is redefined and implemented in the new administration. The course may extend to other areas of communications (including public diplomacy and international communications policy). The reigning theme will be to understand whether there some overarching principles exist, how they are established and whether they can be enforced. It is a course that will look at inertia, institutional barriers, interest groups and civil society in the making of communications policy. The course, open to students in the law school, political science, and sociology as well as Communications. will be developed together with the Information Society Project at the Yale Law School where there will be a parallel Reading Group on the subject.

3 sem. hrs.
This seminar focuses on the role of law in remedying poverty, addressing inequality, and providing social and economic security in the United States in the twentieth century. The primary aim of the course is to familiarize students with broad themes in twentieth-century legal history, including the growth of the administrative state, changes in legal thought, and the “rights revolution.” A secondary aim is to give students a greater understanding of the workings and development of the American welfare state, a topic that is relevant to contemporary legal debates and intersects fruitfully with issues in administrative law, constitutional law, family law, and poverty law. Attendance, preparation, and class participation are essential. Grades will be based on contribution to discussion and a series of short papers.

6 sem. hrs.
Supreme Court Clinic Professors S. Bibas and S. Kinnaird Yearlong: Fall 2009 and Spring 2010, 3 credits per semester, Mon. 4:30-6:30 p.m. Pre- or co-requisite: Supreme Court Practice and Process seminar, LAW 947-001, 3 credits, Fall 2009 Tue. 4:30-6:30 p.m. Clinic enrollment limited to eight students This year-long clinic will give students intensive, hands-on experience litigating cases before the Supreme Court of the United States. It is distinct from the pre- or co-requisite seminar, Supreme Court Practice and Process, LAW 947-001, which introduces students to the law, politics, and lawyering of the Supreme Court as an institution through a wide array of cases, briefs, and visiting speakers. The clinic, in contrast, will focus on the practical side of identifying and litigating real pending cases. In conjunction with the instructors and Supreme Court lawyers at a major Washington law firm, students will research and identify promising cases for Supreme Court review and take part in strategy sessions and conference calls, learning first-hand the tactical considerations that shape litigating positions and stances. They will then research and write first drafts of certiorari petitions, sections of merits briefs for the parties, and briefs amicus curiae at the certiorari and merits stages. Through intensive research, writing, editing, and rewriting, students will hone their legal-writing skills. Though students cannot argue these cases or sign briefs, their names will appear in appendices or footnotes to the briefs thanking them for their contributions. Students will travel to Washington D.C. several times each semester to meet with experienced litigators and watch moot courts and oral arguments in the cases on which they have worked. Students may take the seminar without taking the clinic, but if they wish to enroll in the clinic they must previously have taken or apply to take the seminar at the same time. They must be prepared to commit an average of at least ten hours per week to the clinic throughout the entire academic year, though the load will probably be lighter right around the final examinations period

4 sem. hrs.
Supreme Court Clinic Professor S. Bibas and Lecturers S. Kinnaird and N. Bregstein Gordon Yearlong: Fall 2010 and Spring 2011, 4 credits per semester, MW 1:30-3:00 p.m. Pre- or co-requisite: Supreme Court Practice and Process seminar, LAW 947-001, 3 credits, Fall 2010 Tue. 4:30-6:30 p.m. Clinic enrollment limited to twelve students This year-long clinic will give students intensive, hands-on experience litigating cases before the Supreme Court of the United States. It is distinct from the pre- or co-requisite seminar, Supreme Court Practice and Process, LAW 947-001, which introduces students to the law, politics, and lawyering of the Supreme Court as an institution through a wide array of cases, briefs, and visiting speakers. The clinic, in contrast, will focus on the practical side of identifying and litigating real pending cases. In conjunction with the instructors and Supreme Court lawyers at a major Washington law firm, students will research and identify promising cases for Supreme Court review and take part in strategy sessions and conference calls, learning first-hand the tactical considerations that shape litigating positions and stances. They will then research and write first drafts of certiorari petitions, sections of merits briefs for the parties, and briefs amicus curiae at the certiorari and merits stages. Through intensive research, writing, editing, and rewriting, students will hone their legal-writing skills. Unfortunately, students cannot argue these cases or sign briefs. Students will travel to Washington D.C. several times each semester to meet with experienced litigators and watch moot courts and oral arguments in the cases on which they have worked. Students may take the seminar without taking the clinic, but if they wish to enroll in the clinic they must previously have taken or apply to take the seminar at the same time. They must be prepared to commit an average of at least ten hours per week to the clinic throughout the entire academic year, though the load will probably be lighter right around the final examinations period

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

3 sem. hrs.
This class discussion will, for the most part, focus on selected cases which, over the Court's two centuries, have seemed, inter alia, to define (for better or worse) the Court's perception, and implementation, of its appropriate role in the governance of the United States. In addition to participating actively in class discussions, each member of the seminar will prepare a relatively brief (in the twenty-five to thirty page range, not more) term paper. First drafts will be due not later than March 1. The term paper might address (1) the impact (or, possibly, the lack thereof) on the Court's work of a reasonably prominent judge, lawyer, professor, or political figure, or (2) an examination of themes given short shrift (or no shrift at all) in the cases assigned for class discussion.

4 sem. hrs.
This course examines the doctrinal, theoretical, and policy dimensions of non-promissory civil liability for harm to persons, property, and certain intangible interests.

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