Skip to main content area Skip to institutional navigation Skip to search Skip to section navigation

Criminal Law Courses

Courts and the Administration of Justice

  • Advanced Issues in Private Financing - This seminar will address topics in private financing and corporate reorganization under Chapter 11 of the Bankruptcy Code. It also will cover various aspects of cross-border cooperation in the insolvency proceedings of multi-national corporations. 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. THIS IS A FULL-YEAR SEMINAR AND ALL STUDENTS MUST ENROLL FOR BOTH SEMESTERS.
  • Advanced Problems in Federal Procedure - Study of selected problems in federal procedure, particularly complex litigation and discovery. There will be no exam. Each student will give two brief class presentations on selected readings. Each student will write a final paper, and will make a class presentation concerning his or her paper topic towards the end of the course. With instructors' prior permission, the final paper can be used to fulfill the senior writing requirement.
  • Advanced Regulatory Law and Policy - The Advanced Regulatory Law and Policy seminar provides a unique educational opportunity for anyone interested in contemporary developments in regulatory law and policy across a variety of issue areas. Throughout the term, seminar participants follow regulatory developments in real time as well as encounter some of the most up-to-date research on regulatory issues. The primary work of the seminar centers around the production of RegBlog, a daily online source of writing about regulatory news, analysis, and opinion. The format of weekly seminars varies, ranging from early lectures on the regulatory process to in-depth discussions of contemporary regulatory issues, and from critique of peer writing samples to analysis of current research articles. Enrollment in the Advanced Regulatory Law and Policy seminar is subject to permission of the instructor. Participants in Advanced Regulatory Law and Policy meet at the same time and location as participants in the Regulatory Law and Policy Seminar. The advanced seminar participants will take a leadership role in producing RegBlog, both preparing their own writing assignments, providing oral presentations about regulatory or writing issues, and conducting a peer editing process overseen by Professor Coglianese. This seminar meets weekly throughout the year, and students in the advanced seminar are expected to enroll in both terms. Starting in 2013-2014, prior enrollment in one or more terms of the Regulatory Law and Policy seminar will be a prerequisite for enrollment in the advanced seminar.
  • American Trials - This course will examine prominent trials of the 20th century that influenced and were influenced by our culture. The course will be interdisciplinary. We will read and view actual trial materials as well as literature, journalism, history, and films that grew out of the trials. The goal is to discuss the ways in which the lawyers molded the stories they told to fit the time, politically and socially, and how the trial itself then affected society and was depicted in various media. The reading for the course will be heavy but enjoyable, and films may be screened outside the normal class time. Consistent class preparation, participation, and attendance are required. Students will write six reflection papers and give one presentation on a trial they choose. Five of the papers will be short (3-4 pages), and one will be longer (6-10 pages). Students are encouraged to collaborate on the presentation with one or more partners. With the permission of the instructor, a 20-page seminar paper may be written in lieu of three of the papers to fulfill the senior writing requirement. Drop/add will end on Friday, January 14 at 4:00 p.m.
  • Appellate Advocacy - 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.
  • Chinese Law - Since the late 1970s, Chinese laws and legal institutions have developed rapidly, if unevenly, amid—and in response to—China’s rapid economic transformation and deepening integration the outside world, and the social and political challenges and consequences that this “reform” and “opening” have produced. This course focuses on the post-1978 Reform Era, with primary attention to recent and current developments and with some consideration of the pre-Reform Era. The course focuses on key areas of Chinese law that are analogous to major areas of American law, including criminal law (and other means of social control), contracts (and other means for promoting and structuring economic relationships), property rights (and their relationship to economic change and their political consequences), torts (and torts’ relationship to public safety and health-related regulation), constitutional and administrative law (and other issues of law and public accountability), and the role of courts (including in handling civil disputes). Throughout, political, economic and social contexts are emphasized. Significant portions of the course will be co-taught with Visiting Professors Fu Hualing (University of Hong Kong) and Wang Xixin (Peking University). Cross-registrants from other schools welcome. The exam will be open-book, essay. It will be take-home with a length limit. Class participation (depending on the size of the class, possibly partly in the form of panels for specific weeks and topics) will count toward the final grade.
  • Civil Practice Clinic: Fieldwork - PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR CLINICS AVAILABLE ON THE REGISTRATION INSTRUCTION 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 state and federal student practice rules. Students will be assigned their own individual cases and will also be teamed with other students on other cases where they will have primary responsibility in a broad range of substantive areas, such as housing, consumer, employment, public benefits, family law, 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, and will assist in their professional growth into reflective, responsible, and ethical lawyers. In addition to their casework as lawyers, students will engage in classroom seminars twice weekly to obtain training in essential lawyering skills (e.g., interviewing, counseling, negotiating, trial skills) and to discuss in a collegial and nurturing setting issues of case development, strategy and professional responsibility which arise in the Clinic's cases. Students will also participate in videorecorded simulations utilizing trained actors as a means of enhancing skills development. Most importantly, 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 core professional competencies and hone self-reflection skills, 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 and has in place all of the necessary resources of a teaching law firm, including client interview and conference rooms, computerized student work and research areas, document management software, and built-in videorecording facilities. Class attendance is mandatory and class participation is taken into account when grading. N.B. You may not enroll in this course if: a) you are enrolled in another clinic, or an externship in the same semester. You must appear at the first meeting of the course, or you may be automatically dropped from the course (unless you have advance permission from the instructor). The drop/add period for this course ends at 4 p.m. on the first Friday after the start of the course. Students who elect to use their enrollment in the Civil Practice Clinic toward their public service requirement will receive one less credit for this course.
  • Civil Procedure - 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.
  • Complex Litigation and Dispute Resolution - This seminar will undertake an in-depth examination of current topics in the field of complex litigation and dispute resolution. The seminar will be structured around the work of 6-8 scholars and others who are doing cutting-edge work in the field and who will visit the seminar to discuss their work. Students will be responsible for writing two short papers in response to articles or other material presented by seminar visitors, and to expand one of those papers in consultation with the instructors.
  • Computer Crime Law - This course studies the legal issues raised by computer-related crimes. It considers three main questions: First, what conduct involving a computer is a crime? Second, what law governs the collection of electronic evidence in criminal investigations? And third, which governments have jurisdiction over the investigation and prosecution of computer crimes? Topics covered include the computer hacking statutes; the law of computer viruses; Internet fraud crimes; Internet gambling; criminal copyright offenses; Internet threats; child pornography laws and online undercover investigations; the Fourth Amendment in cyberspace; the Electronic Communications Privacy Act; Internet surveillance law; international computer crime investigations; the role of federalism in computer crime cases; and the intersection of computer crimes and national security surveillance.
  • Conflict of Laws - A study of the resolution of cases connected to more than one jurisdiction: when different jurisdictions (states or nations) have adopted different substantive rules of law, which should govern? Major topics will include the more significant historical approaches (vested rights and interest analysis); the Second Restatement; the role of the U.S. Constitution in interstate conflicts; international conflicts; and domestic relations.
  • Congress, the Constitution & the Supreme Court - This seminar will examine selected topics of contemporary significance involving Congress’s constitutional relationship to the Supreme Court. It will first address the Senate’s “advice and consent” function in the appointment of Justices—what it entails, how it should be discharged without intruding upon the Court’s independence, and so forth. The seminar will then address, among other topics, the role of congressional fact finding in constitutional adjudication; judicial review and Congress’s powers under Article I (especially its commerce clause); Court-imposed limits on Congress’s enforcement powers under the civil rights amendments; proposed legislation governing the recusal of Justices; congressional control over the Court’s appellate jurisdiction; and legislation requiring the televising of the Court’s proceedings.
  • Constitution Outside of the Courts - In February 2009, Stephen Reinhardt became the first federal judge to rule that section 7 of the Defense of Marriage Act (DOMA), 1 U.S.C. § 7 (2009), violates the Fifth Amendment’s Due Process Clause. Section 7 defines marriage for purposes of interpreting federal laws, regulations, rules, or agency interpretations to include only heterosexual unions. Remarkably, Judge Reinhardt made this ruling not on behalf of the United States Court of Appeals for the Ninth Circuit, but as the chairman of the Ninth Circuit’s Standing Committee on Federal Public Defenders. In other words, Reinhardt was acting as an administrator, not as a judge. On what, if any, basis can an administrator like Reinhardt legitimately interpret the Constitution differently than the courts? In recent years, legal scholars have shown a vigorous interest in the constitutional interpretations of non-court actors. One branch of this scholarship examines “popular constitutionalism”: how non-court actors, including social movements, Congress, and the President affect judicial doctrine. For many scholars such influence is desirable because it enhances the democratic legitimacy of courts’ constitutional holdings. Another branch of this scholarship analyzes “departmentalism”: the authority of non-court actors, most prominently Congress and the President, to interpret the Constitution differently than the Supreme Court. This course will survey the legal historical and theoretical work on extra-court constitutionalism. Central questions the course will address include: On what bases can government officials—members of Congress, administrators like Reinhardt, and the President—legitimately interpret the Constitution in ways that differ from the courts? If none, how should these officials approach the often gaping interpretive spaces they find between courts’ decisions and the practical applications these officials face? How should courts consider the interpretations of noncourt actors when fashioning constitutional law?
  • Constitutional Litigation - 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.
  • Criminal Law - This course will examine the criminal law as a device for defining and controlling harmful behavior. Attention is given to the theoretical justifications for and the effectiveness of punishment, the foundations of culpability, the basic principles of criminal liability, and the definition of offenses and defenses.
  • Criminal Procedure: Prosecution & Adjudication - 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 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 instructor will also take class participation into account in grading and will probably offer an optional oral midterm exam that would count only if it raised a student's final grade. The textbook for this course will be the same one (Miller & Wright, Criminal Procedures 4th ed.) 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. 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. 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.
  • Cybercrime - This course studies the legal issues raised by computer-related crimes. It considers three main questions: First, what conduct involving a computer is a crime? Second, what law governs the collection of electronic evidence in criminal investigations? And third, which governments have jurisdiction over the investigation and prosecution of computer crimes? Topics covered include the computer hacking statutes; Internet fraud crimes; theft of trade secrets; criminal copyright offenses; Internet threats; child pornography laws and online undercover investigations; the Fourth Amendment in cyberspace; the Electronic Communications Privacy Act; Internet surveillance law; international computer crime investigations; the role of federalism in computer crime cases; and the intersection of computer crimes and national security surveillance. A basic course in criminal law and criminal procedure is needed to understand this material.
  • Death Penalty & Habeas Corpus - The course explores the theoretical bases and practical realities of death penalty law, and the interplay between substantive and procedural law both at the state and federal levels in the context of actual practice. The first half of the class deals generally with substantive death penalty issues, commencing with the Supreme Court's decision in Furman v. Georgia. We look at the limits imposed on the states by the Supreme Court in order to have a constitutionally viable death penalty. What are the minimum protections that a state death penalty statute must provide? What trial procedures must be in place? The second half of the course explores how these issues interplay with federal habeas corpus, particularly since the enactment of the AntiTerrorism and Effective Death Penalty Act (AEDPA) in 1996. These issues address the balancing of the three "F's" at the heart of habeas: Federalism, finality and fairness. The class is taught in a participatory format, and active engagement is not just encouraged, but expected. Laptop abuse will result in the laptop being banned on an individualized basis.
  • Democracy, Judicial Law-Making and Constitutional Law - “Democracy is the worst form of government except all the others that have been tried,” Winston Churchill wryly remarked. Maybe, but is democracy good enough? Students who are interested in judicial clerkships or careers as judges, government advisers, law professors, or politicians may find this course especially useful. We will explore whether democratic decision-making alone is good enough to establish the legitimacy of the law. If not, we will assess to what extent democracy should be constrained by constitutional law and non-constitutional moral values such as fairness and reasonableness. We will then address if democracy, constitutional law constraints, and/or other moral constraints make law legitimate…or legitimate enough to justify allowing each person to have a gun or consigning people to life in prison or even death. Coupled with these issues, the course analyzes the two vastly different mechanisms the United States uses to make law: democratically-elected legislatures and the seemingly undemocratic judiciary. In addition to precedent and constitutional law, the judiciary makes the common law by appealing to moral values such as maximizing welfare or the reasonable person standard rather than ascertaining the will of the people. We will discuss whether judicial appeal to moral values to make the common law can be reconciled with democracy. Readings consist of important legal cases and articles in legal and political theory. Class attendance is important to success in the course. Students will conclude the course by producing a paper.
  • Department of Justice - This course examines the influence of politics upon the U.S. Department of Justice, and the intricate relationship between policies set by the White House and the DOJ mandate to enforce federal law. The course focuses on the genesis and function of the DOJ as “The Nation's Law Firm”, and the issues that arise as the DOJ, an executive agency under the direction of the President, fulfills its duty to its number one client. We will begin by taking an in-depth look into the political appointment and function of the DOJ key management and its role in the appointment of federal prosecutors and judges. We will then take a top down approach, focusing on the impact that policy set by the White House, and carried out by its appointees, influences the Department's divisions, offices, and programs. The course then zeros in on the role of one of the most important offices within the DOJ, that of the U.S. Attorneys. We will highlight the interaction between the U.S. Attorneys and the other DOJ agencies, and ultimately focus on the tools used by Assistant U.S. Attorneys to enforce the law. The course will conclude with an exploration of the revolving door between the DOJ and the private sector.
  • Election Law - This class will focus upon the constitutional and election law issues raised by the nomination and election of the President of the United States. We will read relevant cases on the nomination process; portions of a variety of articles and books on the electoral college and how it functioned in 1800, 1824, 1876 and 2000; the issues of succession when a President is assassinated, dies or is disabled; and the grounds for impeachment. We will analyze election administration and how our state-driven electoral process skews national elections; the vagaries of the two-party system; the role of money; and alternatives to the electoral college. A paper of approximately 15 pages is required.
  • Evidence - 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.
  • Externship: Death Penalty Federal Defender - PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR EXTERNSHIPS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. The Death Penalty Externship will provide law students with hands-on training in most areas of post-conviction capital case litigation. Students will participate in a thorough orientation on capital work and responsibilities at the Capital Habeas Corpus Unit, Federal Court Division of the Defender Association. They will also attend informal seminars instructed by staff attorneys on specific aspects of capital post-conviction litigation including habeas corpus evaluation hearings and appellate litigation. Most of the students' time will be spent researching and writing claims for inclusion in habeas petitions as well as investigating cases, including interviewing clients, witnesses, and jurors. The add/drop period for this externship ends at 4:00 P.M. on the first Friday after the start of classes. Students who elect to use their enrollment in this externship toward their public service requirement will receive one less credit for this course. Students may not enroll in this Externship if they are enrolled in another Clinic or Externship during the same semester.
  • Externship: Federal Appellate Litigation - PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR EXTERNSHIPS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. Penn Law School, in cooperation with Dechert LLP, a major national law firm, offers an innovative opportunity for students who are interested in federal appellate litigation to participate in an appellate clinical externship at Dechert's Philadelphia office. Students will work closely with attorneys from Dechert’s appellate practice to identify issues for appeal, conduct research, draft briefs, moot oral arguments, and, whenever possible, argue their assigned cases before the U.S. Court of Appeals for the Third Circuit (to the extent allowed by Third Circuit Local Rule 46.3 which permits students to argue civil rights and habeas cases on behalf of indigent prisoners). Under the supervision of Dechert Partner Cheryl A. Krause, in conjunction with the Penn Clinical program, students will participate in a 4-credit externship (requiring on average 12 hours per week from each student), gaining invaluable hands-on experience in federal appellate litigation. Should some (or all) of the students have their cases selected for oral argument in the spring term, they may, on an individual basis, be able to pursue independent study credit, if appropriate, for work related to preparing for and delivering their oral argument(s). This externship is only open to third year students since a student must complete four semesters before being eligible to make an appearance in the Third Circuit under the Court’s student practice rule. In order to be considered for enrollment, interested students must request the course on Penn InTouch during advance registration and then submit the following documents to the Registrar (with a copy to Rachel Mayover, Clinic Administrator, rmayover@law.upenn.edu) by Monday, August 8, 2012: i) a one page statement of interest, highlighting any appellate or other relevant courses or experiences, ii) a resume; and iii) a writing sample. These materials will be forwarded to the Dechert law firm which may conduct brief interviews before making final enrollment decisions. If selected, the Registrar will contact you directly and officially register you for the externship. You may not enroll in this externship if you are enrolled in another clinic or externship in the same semester, or are responsible for 3 or more incomplete grades at the beginning of the semester. The add/drop period for this externship ends at 4:00 PM on the first Friday after the start of classes. Students who elect to use their enrollment in this externship toward their public service requirement will receive one less credit for this course.
  • Externship: US Attorney's Office, Civil Division - PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR EXTERNSHIPS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. Student-externs will engage in and observe all phases of work of the civil "side" of the U.S. Attorney's Office. This will include both affirmative and definitive litigation on behalf of the federal government agencies and will likely involve the extern in discovery or trial-type proceedings. A security clearance must be obtained prior to the start of the semester's work. Obtaining a security clearance can take up to 6 weeks. Because of the amount of time it takes to get security clearance, if you enroll in this course, it is important that you not drop this externship. It would be unfair to other interested students for selected students to decide not to take it. The enrolled student will be notified immediately upon closing of advance registration and must start the security clearance process immediately. Security clearance screening will disqualify those who admit recent use of illegal drugs. Non U.S. citizens are not eligible for this externship. The add/drop period for this externship ends at 4:00 P.M. on the first Friday after the start of classes. Students who elect to use their enrollment in this externship toward their public service requirement will receive one less credit for this course.
  • Externshp: US Attorney's Office, Civil Division - PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR EXTERNSHIPS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. Student-externs will engage in and observe all phases of work of the civil "side" of the U.S. Attorney's Office. This will include both affirmative and definitive litigation on behalf of the federal government agencies and will likely involve the extern in discovery or trial-type proceedings. A security clearance must be obtained prior to the start of the semester's work. Obtaining a security clearance can take up to 6 weeks. Because of the amount of time it takes to get security clearance, if you enroll in this course, it is important that you not drop this externship. It would be unfair to other interested students for selected students to decide not to take it. The enrolled student will be notified immediately upon closing of advance registration and must start the security clearance process immediately. Security clearance screening will disqualify those who admit recent use of illegal drugs. Non U.S. citizens are not eligible for this externship. The add/drop period for this externship ends at 4:00 P.M. on the first Friday after the start of classes. Students who elect to use their enrollment in this externship toward their public service requirement will receive one less credit for this course.
  • FDA Law and Policy - This course will explore a variety of topics related to the Food and Drug Administration and its oversight of prescription drugs, medical devices and food safety. The FDA is a crucial federal regulatory agency, with authority over more than a quarter of the consumer products sold in the United States. We will discuss the history and basic approval authority of the FDA over food safety and therapeutic products, along with specific focus on a number of emerging developments. The class dynamic will be a mixture of Socratic teaching and more interactive legal and policy discussion, and I expect all students in the course to take an active role in our critique and analysis of various FDA policies and issues throughout the semester. My intention is to offer students a choice of evaluation methods, either a self-scheduled “take away” final exam or a 20-25 page research paper on an FDA topic of your choosing. I may revisit the paper option if class enrollment is larger than expected, and will announce any changes to the paper option during the add/drop period. A small fraction of the grade will be based on class participation throughout the semester. This is a 1L elective course and 1Ls will receive priority in enrollment.
  • Federal Courts - This course examines the functions, powers and responsibilities of the federal courts, and considers their relationships with state governments and with the executive and legislative branches of the federal government. Topics covered will include justiciability; congressional authority over, and statutory and judge-made limits on, federal jurisdiction; Supreme Court review of state court judgments; federal common law; advanced topics in federal question jurisdiction; suits challenging state and federal government action, and immunities asserted in such suits; and federal habeas corpus. There will be an in-class, open-book essay exam.
  • Federal Indian Law - This course will explore selected theoretical and doctrinal aspects of the field known as federal Indian law. We will study the historical, conceptual and legal roots of tribal sovereignty; the development of federal doctrines concerning the powers of tribal governments; and the current state of federal law concerning tribal legislative, executive and judicial authority. Attention will be given to the division of authority among tribal, federal, and state governments, as well as to questions concerning possible tensions between governmental powers and individual rights. We will consider a number of current issues, which may include land claims; gaming; family law; economic development; religious and cultural rights; and natural resources. The course is open both to Penn Law students and to students enrolled in other Schools at Penn; students who are not enrolled in the Law School will be strongly encouraged to take the course on a “pass/fail” basis if permitted by their home Schools or departments.
  • Foundations of the U.S. Legal System - 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.
  • GRS: Private Law, Nation-building & Economic Growth - This Global Research Seminar will examine the connection between different areas of private law (i.e., the law governing private interactions between citizens) and a nation’s realization of its social and economic objectives, through a comparative study of the private law of India. The course will focus on understanding the private law of India using some of the methods, techniques, and approaches used in the study of private law areas in the U.S. The seminar will approach the study of Indian private law from a comparative perspective, and examine how distinct areas of private law developed differently in the U.S. and India after they were transplanted to both countries from England. In carrying out the comparison, our focus will be on understanding how Indian courts and law-makers use private law as a mechanism of achieving certain policy goals, and what this means for the traditional divide between private and public law. The areas of Indian private law that we will discuss in this class will include: (i) tort law, (ii) contract law, (iii) the law of property, (iv) the law relating to private remedies, (v) the law of corporations, (vi) intellectual property law, and (vii) antitrust law. There are no pre-requisites for enrolling in the seminar. No prior knowledge of Indian law or of the substantive areas that we will discuss is needed. Over Spring Break in 2013, the class will undertake a 7-day field visit to India. In India, we will visit New Delhi, and meet with Indian lawyers, judges, legislators, regulators, and scholars to observe how some of the private law areas discussed in class, actually work in practice. The field trip is a mandatory part of this class, and students unable to commit to the trip over Spring break should not enroll. This class is open to 2L, 3L , and LL.M students. In order to be considered for the seminar, students must submit a short personal statement (of no more than 1,000 words) describing their reasons for wanting to take this class and their interest in the topic.
  • Global Antitrust - Modern antitrust law is becoming increasingly global. Cartels in one nation affect supply in others. As the parallel cases against Microsoft in the U.S. and the EU demonstrate, antitrust authorities can take widely divergent views of the permissibility of unilateral action. Mergers between large corporations must typically get approval in both the United States and in Europe. Countries are increasingly entering into agreements about the enforcement of competition laws. Thus, businesspeople, lawyers, and lawmakers can no longer content themselves with understanding only the antitrust and competition law of their home country. This course will examine EC competition law cases and decisions within an analytical framework strongly based on economic theory. Scheduled topics include horizontal restraints, monopolization, vertical restraints, proof of anticompetitive agreement, mergers, and international enforcement. The introductory course on antitrust is a prerequisite.
  • Guantanamo Litigation - The course examines the history of the litigations filed by the detainees at Guantanamo Bay and, in doing so, explores the principal legal issues involved, including the applicability of law-of-war principles to the current struggle against international terrorism, the reach of constitutional protections to aliens beyond our boarders, the importance of habeas corpus as a check on executive detention and on the authority of the political branches in general, and the inter-play between habeas corpus and the individual protections in the Bill of Rights. The course will also examine certain practical issues of lawyering, including the importance of thinking strategically and creatively, the role lawyers can play in the legislative process and the use of the press to affect decisions. The class will be taught in a participatory format relying on the Socratic Method. At least one and perhaps two writing assignments will be required.
  • International Business Transactions - This course provides an overview of the legal issues—domestic, foreign, and international—that arise when U.S. companies do business abroad. Transactions discussed include export sales, agency and distributorship agreements, licensing, mergers and acquisitions, joint ventures, privatization, project finance, and foreign government debt. The course also covers U.S., foreign, and international regulation in such areas as antitrust, securities, intellectual property, tax, and foreign corrupt practices. The course does not cover U.S. rules on import restrictions or W.T.O. matters.
  • International Civil Litigation - This course is an introduction to litigation in U.S. courts in cases involving foreign parties. The topics to be considered may include: personal jurisdiction over foreigners; forum non conveniens and other forum selection issues; discovery of evidence located outside the United States; foreign sovereign immunity; the extraterritorial application of U.S. laws, including the antitrust and securities laws; the Act of State doctrine; and the enforcement of foreign judgments. The objective of the course is to familiarize students with special procedural and substantive issues that arise in international cases.
  • International Human Rights - This course provides an overview of the contemporary international human rights regime. The course includes discussion of conceptual and political foundations of human rights law; controversial topics in human rights law, such as humanitarian intervention, universal jurisdiction, and the death penalty; international, regional, and national mechanisms for the making, interpretation, implementation, and enforcement of human rights law, including civil, criminal, and non-legal methods of redress; and challenges to human rights enforcement and strategies for promoting protection of human rights. Grades are based on class participation (20%) and the final examination (80%).
  • Juvenile Justice Seminar - 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.
  • Law and the Holocaust - This course draws together the fields of comparative law, constitutional law, criminal law and procedure, jurisprudence, conflicts of laws, international law, human rights and legal history, and then superimposes them on the history of the Holocaust, to examine the Nazi philosophy of law, emanating from the egregious racial ideology, and how it was used to pervert Germany’s legal system in order to discriminate against, ostracize, dehumanize, and ultimately eliminate, certain classes of people; and then, to study the role of international law in rectifying the damage by bringing perpetrators to justice and constructing a legal system designed to prevent a repetition. The course considers the following topics: 1.) The Holocaust: “Lawful Barbarism”. Overview of the Holocaust, by way of background, and the ways in which it was “anchored” in law. 2.) The Ideology That Made It Possible. Nazi theories of race and the nature and role of the State, and the legal system as an instrument of both. 3.) The Nazi Legal System In Action. Laws passed to give effect to the theories of race, and the role of the judges in interpreting and applying those laws. 4.) Jurisprudential Issues. Parts 2 and 3 above will form the foundation for an exploration of the role of morality in a system of law, through a consideration of academic writings and judicial reflection. An example of the former is the celebrated Hart-Fuller debate, in the pages of the Harvard Law Review; and an example of the latter is the controversial Bernstein litigation, in which the Courts grappled with the effect to be accorded in the US to expropriations of property by the Nazi regime. 5.) Measure For Measure: The Response Of The International Legal System. Consideration of the whole system of international human rights of the post-World War II era, revolving around five major pillars, each of which is a measure-for-measure reaction to the Holocaust: the Universal Declaration of Human Rights; the Genocide Convention; articulation of the two most egregious crimes in the international legal lexicon, Crimes against Humanity and Genocide; the creation of an international forum for bringing perpetrators to justice, namely the Nuremberg Trials; and the United Nations system. 6.) Lessons For The 21st Century. At each point, the perversion of Germany’s legal system will be the launching pad for extraction and consideration of critical lessons for contemporary democracies, as well as for the system of international law as a whole. Teaching in the course revolves around special materials prepared and edited by Professor Reicher. These consist of both primary documents as well as secondary writings. All this is supplemented by video excerpts of original archival footage, documentaries and movies, illustrating a range of themes dealt with in the course. These include: film of the actual Nuremberg Laws being read out; footage of a Nazi criminal court in action: scenes of the Nuremberg and Eichmann Trials; a re-enactment of the Wannsee Conference; a biography of Dr. Josef Mengele, excerpts from Leni Riefenstahl’s classic propaganda film, “Triumph of the Will,” and cross-examination scenes from Stanley Kramer’s classic movie, Judgment at Nuremberg.
  • Law in American Life - Someone once said, “a page of history is worth a volume of logic.” (not just anyone; it was Oliver Wendell Holmes, Jr., in New York Trust Co. v. Eisner (1921)) This course is designed to explore pages of history that might otherwise escape the logician. And at a time when so many fraught legal issues are argued with reference to history, it is more important than ever for students to understand legal history, and how to use it. By integrating primary sources with historical context, the course will explore the ways that legal change has affected life across American history. The course will be conducted primarily in lecture format, and will include readings in primary as well as secondary sources. Topics include (but are not limited to) topics such as blasphemy, witchcraft, mobs, revolution, slavery, immigration, electioneering, incarceration and other inherently interesting and legally important areas of inquiry. In the end, the central aim of this course is to acquaint students with a rich sense of the ways that law has operated to liberate as well as constrain Americans. A 3-day take-away exam at the end of the semester limited to 3,000 words will answer a distinct question that will be targeted to individual students’ interests and arranged between the professor and each student in the class, and will be designed to focus on that student’s interests but also draw on the work of the entire semester. A limited number of students wishing to write a research paper may do so if they clear the topic in advance with the professor. All paper topics must be finalized no later than January 31, and papers will be limited to no more than 3,500 words including notes.
  • Lawyering in the Public Interest Seminar - 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.
  • Legislation - This course examines issues relating to the enactment, application and interpretation of legislation, primarily at the federal level. The course will introduce students to the basic contours of Congressional lawmaking practice, theoretical models of the legislative process, the application and interpretation of statutes by the executive branch, and numerous aspects of judicial statutory interpretation. Students will explore and critique the different methods and canons that courts apply in construing statutes and consider issues such as the appropriate degree of deference to administrative interpretations, judicial use of legislative history in construction, and interaction between the courts and Congress. The basic text will be the Eskridge, Frickey & Garrett casebook, but students will also read selected legal and/or political science articles presenting current theories of legislative process and interpretation, and review examples of current cases and statutory debates. Grades will be based on an examination at the end of the semester. This is a 1L elective course and 1Ls will receive priority in enrollment.
  • Legislative Clinic - PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR CLINICS AVAILABLE ON THE REGISTRATION INSTRUCTION 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 at congressional committees, the offices of members of individual senators or representatives, or at public interest organizations advocating for legislative change under the supervision of experienced attorney/legislative advocates. In the seminar portion of the course, students will examine basic lawyering competencies of legislative lawyering and will discuss issues of public policy, legislative process, legislative advocacy, and professional responsibility issues which 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; legislative process; strategic legislative planning; statutory drafting; legislative research; and principles of legislative advocacy. As with all clinical courses, the Legislative Clinic supports the professional development of each student to become a reflective, responsible, and ethical advocate and problem-solver by entrusting real-life responsibilities in the context of a partisan legislative environment. The course is 7 credits (requiring 20 hours per week on average). The seminar portion of the course meets weekly for two hours. Enrollment is limited. Attendance is mandatory and class participation counts in grading. There is no final examination, however there are required statutory drafting assignments, simulation exercises, oral presentations, and journaling responsibilities. Students intending to enroll in the course must arrange their class schedules such that they can spend two full days during the week at their legislative placements. The best days to reserve for legislative placements are Tuesdays, Wednesdays, and Thursdays (although Fridays are acceptable). You must appear at the first meeting of the course or you may be automatically dropped from the course (unless you have the advance permission of the instructor). The drop/add period for this course ends at 4:00 p.m. on the first Friday following the start of the course. Students who secure commitments for acceptable legislative placements prior to the close of the course enrollment period may be accorded enrollment priority by the instructor. Students who elect to use their enrollment in the Legislative Clinic toward their public service requirement will receive one less credit for this course.
  • Litigation for Social Change Seminar - 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.
  • Mediation Clinic - PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR CLINICS AVAILABLE ON THE REGISTRATION INSTRUCTION PAGE. Mediation involves the intervention of a neutral third party into an existing or threatened dispute, usually with the aim of facilitating a negotiated resolution of the conflict. Lawyers are increasingly immersed in this arena, both as mediators and as representatives of clients in mediation. It is also a subject of great interest to business/transactional lawyers and those practicing criminal law. This clinical course focuses on the role, skills and ethical questions involved in the mediation function. It includes classroom study, simulated skills training, observations of outside neutrals in actual cases, and real case fieldwork in which students are front-line mediators under faculty supervision. By the end of the course, students will have learned a great deal about negotiation, advising, evaluating cases in litigation, chairing a meeting--as well as conflict resolution as a mediator. The course begins with classroom study and intensive simulation skills training. During this period, students are assigned to observe actual mediations and adjudications. In order for the fieldwork to begin by Week 6, there are approximately 12 hours of extra skills classes. (There will be partial make-up time reduction in later weeks.) You MUST be available for extra classes on the following Mondays and Wednesdays from noon to 1:20 PM: January 11, 18, 23, 25, 30, February 1, 6, 8, and 13. Starting in Week 6, students are assigned to faculty-supervised mediations. Cases include civil litigation, criminal matters, child custody disputes and employment discrimination matters. The seminar meets for two (2) class sessions per week during most of the semester. Enrollment is limited. You must appear at the first meeting of the course, or you may be automatically dropped from the course (unless you have advance permission from the instructor). The drop/add period for this course ends at 4 p.m. on the first Friday after the start of the course. Students may not enroll in this Clinic if they are enrolled in another Clinic or Externship during the same semester. Students who elect to use their enrollment in the Mediation Clinic to satisfy their Public Service requirement will receive three credits for this course.
  • Political Law - This course introduces students to the intersection of law and politics. Political law is comprised of the laws governing lobbying, campaign finance, and ethics. This class is of particular interest to students who have a passion for politics or are considering careers as elected officials, lobbyists, or ethics attorneys. The class will provide a practical understanding of the federal rules and regulations that are intended to promote political equality in elections and the legislative process by limiting the disproportionate influence of special interest groups (e.g., Wall Street, oil companies, and the health care industry). Among other topics, the class will address recent political law developments that resulted from the Jack Abramoff lobbying scandal, President Obama’s ethics reforms, and the 2010 Citizens United Supreme Court decision. Students will also examine whether this law promotes political equality among certain groups, including women, the middle class, and racial minorities.
  • Race, Education and the Law - The seminar will focus on the intersection of race, law and access to systems of education in the United States. United States Supreme Court decisions addressing segregation and voluntary integration, case law from throughout the country and related legislation and policies that impact opportunities at the elementary, secondary, and post-secondary education levels will be examined. Class scholars will engage in significant and critical discourse about educational equity movements of the past and present, the role of government agencies, desegregation and integration, reformation of school systems and operations, the benefits and limits of the law as a vehicle for change, and the challenges faced by advocates. Course readings will be interdisciplinary.
  • Refugee Law - 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. Develop practice skills including: 3. Client interviewing skills 4. Show competency in conducting an intake of an asylum seeker and developing a case analysis 5. Research Country Conditions regarding human rights violations 6. Prepare An Application for Asylum, Form I-589 and understand US regulations dealing with asylum adjudication 7. Prepare an Affidavit attesting to the asylum seeker's claim for asylum 8. Prepare a packet with evidence to support the claim for asylum
  • Remedies - 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.
  • Supreme Court Clinic - Yearlong - Supreme Court Clinic Professors S. Bibas, N. Gordon, and S. Kinnaird Yearlong: Fall 2012 and Spring 2013, 4 credits per semester, MWTh 1-2:50 p.m. Strongly recommended though not required: Supreme Court Practice and Process seminar, LAW 947-001, 3 credits, Fall 2012 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 Supreme Court Practice and Process seminar, LAW 947-001, which introduces students to the law, politics, and lawyering of the Supreme Court as an institution through a wide array of cases, briefs, and visiting speakers. The clinic, in contrast, will focus on the practical side of identifying and litigating real pending cases. In conjunction with the instructors and Supreme Court lawyers at a major Washington law firm, students will research and identify promising cases for Supreme Court review and take part in strategy sessions and conference calls, learning first-hand the tactical considerations that shape litigating positions and stances. They will then research and write first drafts of certiorari petitions, sections of merits briefs for the parties, and briefs amicus curiae at the certiorari and merits stages. Through intensive research, writing, editing, and rewriting, students will hone their legal-writing skills. Students will travel to Washington D.C. several times each semester to meet with experienced litigators and watch moot courts and oral arguments in the cases on which they have worked. Students must be prepared to commit an average of twelve to fifteen hours per week to the clinic throughout the entire academic year, though the load will probably be lighter right around the final examinations period. Students ordinarily may not drop or add this course without the instructor's permission. Attendance is required and will factor into students' grades. The clinic will meet on average twice a week--more when the clinic is busy and less when there are few deadlines approaching. Much communication and instruction will happen by email, in small-group meetings, and in conference calls. Classes will be not lectures but seminar-style discussions and teamwork on group projects.
  • Supreme Court Practice and Process - Decisions of the Supreme Court are thought simply to reflect the Justices' views of the merits of the legal issues before the Court. But the results often are heavily influenced by the particulars of the process that leads up to the decision. This seminar will study the Supreme Court primarily from the point of view of the advocacy process that precedes and influences the Court’s decisions, but we will also look into selected aspects of the Court’s internal decisionmaking process. The course will examine the nature of effective advocacy before the Court and the ways in which advocates’ strategies may (or may not) influence the Court at each stage of a case – the petition for certiorari and brief in opposition; merits briefs by petitioner and respondent; and oral argument. The course will consider the influence of amici at each stage as well as the special role of the Solicitor General's office. The course will also examine some aspects of the Court’s process that do not relate to advocacy, such as the role of law clerks, the nature and extent of collegial decisionmaking at the Court, and the confirmation process for new Justices. Materials will include actual petitions, briefs, and oral arguments from recent and pending Supreme Court cases, as well as secondary sources. The course will include consideration of one or more cases currently before the Court, with a trip to the Court to hear an oral argument if feasible. Course sessions will include guest lectures by experienced Supreme Court advocates and others involved with Supreme Court litigation. Course requirements: to be determined, but will include drafting one or more documents based on filings in actual Supreme Court cases, and possibly an analysis of an oral argument.
  • Supreme Court: Great Cases - Class discussion will, for the most part, focus on selected cases which, over the Supreme Court's two centuries, have seemed to define (for better or worse) the Court's perception, and implementation, of its appropriate role in the governance of the United States. In addition to participating actively in class discussions, each member of the seminar will prepare a relatively brief (in the twenty-five to thirty page range, not more) term paper. As predicate for the term paper, an oral report (with an outline circulated in advance) will tell fellow seminar members about your subject. The term paper might address (1) the impact (or, possibly, the lack thereof) on the Court's work of a reasonably prominent judge, lawyer, professor, or political figure, or (2) an examination of themes given short shrift (or no shrift at all) in the cases assigned for class discussion. The seminar sessions will be in my chambers at the U.S. Courthouse, not at the Law School.
  • Torts - This course develops and analyzes the basic philosophies and theories supporting non-promissory civil liability for harm to the person, personality, and real property; and the rules prescribing the intentional, negligent, and wrongful conduct on which liability is predicated.
  • Trial Advocacy: Yearlong - 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.
  • Writing for Practice - This course will be devoted to the types of writing most frequently encountered in transactional law firm practice. We will work on client communications ranging from informal email style to opinion letters. Most of the writing will not require much, if any, research, though one project will require 5 to 10 hours research. We will not be drafting litigation memos, briefs, etc. Rather we will be working on the kinds of communications that typically advise clients of legal risks and how to minimize those risks in business transactions. Minimizing risks can, of course, range from advising clients of risks so they can be factored into a business decision, to suggesting alternate transaction strategies to, in extreme cases, advising abandonment of the proposed transaction. The most difficult, and correspondingly most valuable, part of this course is learning how to explain complicated and sometimes vague legal concepts in terms that non-lawyer clients can understand and use in operating their businesses. Add/drop for this course will end after 1 week: on January 14.

Criminal Law and Procedure

  • Advanced Criminal Law - This is a discussion-based class that uses as its coursebook a collection of "conversations" involving more than 100 criminal law professors debating the issues that they as a group believed to be those of greatest importance and interest. Each class or two takes up one "conversation": a core text summarizing the arguments on an issue, critiques of that text by three to seven commentators, followed by a reply by the core text author. Also included in the materials for each "conversantion" is a real-world case that helps focus the discussion. For each conversation, one student will present and defend the core text while another critiques it, followed by a general discussion among the class. The issues in debate include such topics as preventive detention, restorative justice, battered women, mercy, rape reform, general deterrence, negligence liability, self-defense, the significance of resulting harm, provocation, insanity, jury nullification, entrapment, and the death penalty. For a more detailed list, see the tentative syllabus posted on the course portal for next term's Advanced Criminal Law.
  • Computer Crime Law - This course studies the legal issues raised by computer-related crimes. It considers three main questions: First, what conduct involving a computer is a crime? Second, what law governs the collection of electronic evidence in criminal investigations? And third, which governments have jurisdiction over the investigation and prosecution of computer crimes? Topics covered include the computer hacking statutes; the law of computer viruses; Internet fraud crimes; Internet gambling; criminal copyright offenses; Internet threats; child pornography laws and online undercover investigations; the Fourth Amendment in cyberspace; the Electronic Communications Privacy Act; Internet surveillance law; international computer crime investigations; the role of federalism in computer crime cases; and the intersection of computer crimes and national security surveillance.
  • Constitutional Criminal Procedure - This course covers the constitutional law of police investigations under the Fourth Amendment, Fifth Amendment, Sixth Amendment, and Due Process clause. Topics include stops; arrests; searches; interrogations; the scope of the exclusionary rule; Miranda warnings; surveillance law; entrapment; the grand jury as an investigative tool; line-ups; and the role of defense counsel in police investigations. Students who have taken Prof. Bibas' Criminal Procedure: Investigation course may not take this course.
  • Criminal Defense Clinic - PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR CLINICS AVAILABLE ON THE REGISTRATION INSTRUCTION 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. All classes will be held at the Defender's Association office in Philadelphia (1441 Sansom Street). The office is easily accessible by public transportation, and students will not be reimbursed for travel to the office. This course will be open to 2L's who have completed three semesters of law school. It's preferred that students have already completed Evidence, however it can be taken at the same time as the student is enrolled in this clinic (as a co-requiste). Enrollment is limited to 8 students. Class attendance and courtroom appearances are mandatory. You must appear at the first meeting of the course, or you may be automatically dropped from the course (unless you have advance permission from the instructor). The drop/add period for this course ends at 4 p.m. on the first Friday after the start of the course. Students who elect to use their enrollment in the Criminal Defense Clinic toward their public service requirement will receive three credits for this course. Students may not enroll in more than one Clinic or Externship each semester. In addition to various handouts provided by the instructor, the required text is Crimes Code of Pennsylvania, Gould Publications.
  • Criminal Law - This course will examine the criminal law as a device for defining and controlling harmful behavior. Attention is given to the theoretical justifications for and the effectiveness of punishment, the foundations of culpability, the basic principles of criminal liability, and the definition of offenses and defenses.
  • Criminal Law Theory - Robinson, Seminar on Criminal Law Theory, Fall 2012: JUSTICE AND ITS ALTERNATIVES This year's criminal law theory seminar explores the alternatives to the classic use of the criminal jusice system to do justice. Its topics will include the use of extra-legal practices for obtaining justice as well as non-justice issues commonly sought to be advanced either within the criminal justice system or by an alternative system, as outlined below: I. JUSTICE 1. Natural Justice 2. Competing Conceptions of Modern Desert 3. Dangers of Subverting Justice II. EXTRALEGAL JUSTICE 4. Vengeance 5. Vigilantism 6. Atonement III. TRADING JUSTICE FOR PEACE, STABILITY, OR REINTEGRATION 7. Restorative Justice 8. Transitional Justice 9. International Law Use of Force IV. TRADING JUSTICE FOR CRIME CONTROL 10. Avoiding Abuse and Manipulation of Criminal Law Rules 11. General Deterrence 12. Preventive Detention V. TRADING JUSTICE TO CONTROL OFFICIALS AND PROMOTE OTHER INTERESTS 13. Controlling Criminal Justice Officials 14. Promoting Interests Unrelated to Criminal Justice Readings on each topic will include a real-world case study as well as scholarly articles and other materials. Most materials will be provided as PDFs. Part IV of the course will use as a text Robinson & Cahill, Law Without Justice (Oxford 2006). Before each meeting, students will submit a short written comment on the readings for that week. At the end of the term, students will produce a short paper on an assigned topic, perhaps in the form of a take-home examination. Unless a student attends the first class meeting, joining the seminar after the term begins requires special permission of the instructor.
  • Criminal Procedure: Prosecution & Adjudication - 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 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 instructor will also take class participation into account in grading and will probably offer an optional oral midterm exam that would count only if it raised a student's final grade. The textbook for this course will be the same one (Miller & Wright, Criminal Procedures 4th ed.) 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. 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. 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.
  • Crimmigration - This seminar will focus on the historical and current relationship between criminal and immigration law. We will focus on specific grounds of deportation and inadmissibility related to criminal conduct, case law, and statutory analysis relating to these provisions of the Immigration and Nationality Act. We will analyze the laws, policies, and constitutionality of retroactive application of the immigration statutes and mandatory detention of non-citizens convicted of crimes. We will also consider the effect that prior Sixth Amendment case law and legislative acts have had on criminal lawyers’ obligation to advise immigrants of the consequences of their pleas and what effect, if any, Padilla v. Kentucky has had on the right to effective assistance of counsel. We will discuss current federal, state and local governmental immigration policies, including immigration raids, local enforcement and cooperation with the Department of Homeland Security and local ordinances aimed at businesses and employers. Throughout the seminar, we will discuss issues of race, national origin, and ethnicity and its relationship, if any, to the increased use of the criminal justice system to enforce immigration law on the basis of national security and public safety. The seminar will include class discussion, lectures, simulations, and outside speakers. Attendance, preparation and class participation are essential. Grade will be based on contribution to class discussion, short response papers and in-class presentation.
  • Cybercrime - This course studies the legal issues raised by computer-related crimes. It considers three main questions: First, what conduct involving a computer is a crime? Second, what law governs the collection of electronic evidence in criminal investigations? And third, which governments have jurisdiction over the investigation and prosecution of computer crimes? Topics covered include the computer hacking statutes; Internet fraud crimes; theft of trade secrets; criminal copyright offenses; Internet threats; child pornography laws and online undercover investigations; the Fourth Amendment in cyberspace; the Electronic Communications Privacy Act; Internet surveillance law; international computer crime investigations; the role of federalism in computer crime cases; and the intersection of computer crimes and national security surveillance. A basic course in criminal law and criminal procedure is needed to understand this material.
  • Death Penalty & Habeas Corpus - The course explores the theoretical bases and practical realities of death penalty law, and the interplay between substantive and procedural law both at the state and federal levels in the context of actual practice. The first half of the class deals generally with substantive death penalty issues, commencing with the Supreme Court's decision in Furman v. Georgia. We look at the limits imposed on the states by the Supreme Court in order to have a constitutionally viable death penalty. What are the minimum protections that a state death penalty statute must provide? What trial procedures must be in place? The second half of the course explores how these issues interplay with federal habeas corpus, particularly since the enactment of the AntiTerrorism and Effective Death Penalty Act (AEDPA) in 1996. These issues address the balancing of the three "F's" at the heart of habeas: Federalism, finality and fairness. The class is taught in a participatory format, and active engagement is not just encouraged, but expected. Laptop abuse will result in the laptop being banned on an individualized basis.
  • Democracy, Judicial Law-Making and Constitutional Law - “Democracy is the worst form of government except all the others that have been tried,” Winston Churchill wryly remarked. Maybe, but is democracy good enough? Students who are interested in judicial clerkships or careers as judges, government advisers, law professors, or politicians may find this course especially useful. We will explore whether democratic decision-making alone is good enough to establish the legitimacy of the law. If not, we will assess to what extent democracy should be constrained by constitutional law and non-constitutional moral values such as fairness and reasonableness. We will then address if democracy, constitutional law constraints, and/or other moral constraints make law legitimate…or legitimate enough to justify allowing each person to have a gun or consigning people to life in prison or even death. Coupled with these issues, the course analyzes the two vastly different mechanisms the United States uses to make law: democratically-elected legislatures and the seemingly undemocratic judiciary. In addition to precedent and constitutional law, the judiciary makes the common law by appealing to moral values such as maximizing welfare or the reasonable person standard rather than ascertaining the will of the people. We will discuss whether judicial appeal to moral values to make the common law can be reconciled with democracy. Readings consist of important legal cases and articles in legal and political theory. Class attendance is important to success in the course. Students will conclude the course by producing a paper.
  • Department of Justice - This course examines the influence of politics upon the U.S. Department of Justice, and the intricate relationship between policies set by the White House and the DOJ mandate to enforce federal law. The course focuses on the genesis and function of the DOJ as “The Nation's Law Firm”, and the issues that arise as the DOJ, an executive agency under the direction of the President, fulfills its duty to its number one client. We will begin by taking an in-depth look into the political appointment and function of the DOJ key management and its role in the appointment of federal prosecutors and judges. We will then take a top down approach, focusing on the impact that policy set by the White House, and carried out by its appointees, influences the Department's divisions, offices, and programs. The course then zeros in on the role of one of the most important offices within the DOJ, that of the U.S. Attorneys. We will highlight the interaction between the U.S. Attorneys and the other DOJ agencies, and ultimately focus on the tools used by Assistant U.S. Attorneys to enforce the law. The course will conclude with an exploration of the revolving door between the DOJ and the private sector.
  • Evidence - 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.
  • Externship: District Attorney's Office - Montgomery County - The Montgomery County Office of the District Attorney’s Externship Program offers 3L’s and 2L’s who have completed three semesters of law school, the unique opportunity to personally experience the Pennsylvania criminal justice system as a county prosecutor. Externs will work on all aspects of a criminal case – from investigation through trial. During the first week of the externship (which will coincide with the first week of law school classes), externs will attend an intensive training program designed to generally introduce them to the practice of criminal law in Montgomery County, and specifically to the role of an Assistant District Attorney. Each extern is then assigned to assist a Senior Assistant District Attorney (ADA) within one of our Trials Division Units (Major Crimes, Domestic Violence, Sex Crimes or Economic Fraud). Assignment, as much as possible, will be based upon the extern’s expressed interests. Each ADA works with closely with his/her extern to provide the best possible educational experience. Externs are given a wide range of prosecutorial responsibilities both in and out of the courtroom. Inside the courtroom, with direct supervision by the assigned ADA, externs represent the Commonwealth of Pennsylvania in criminal matters such as probation violation hearings, indirect criminal contempt proceedings, and summary appeals. Outside the courtroom, externs perform legal research, write briefs and other memoranda, meet with police, interview witnesses/victims, and perform case file reviews. Externs will be required to work at least twenty hours per week in exchange for seven academic credits (additional participation is encouraged, but not at the expense of scheduled classes). Each extern must also maintain weekly Time & Activity Reports, as well as a journal of his/her experiences, and are required to meet with an assigned law school faculty supervisor on a bi-weekly basis. For further information, please visit www.montcopa.org/da. Please note that there is no reimbursement for transportation costs, however the OFFICE IS LOCATED A SHORT WALK FROM THE SEPTA NORRISTOWN TRANSPORTATION CENTER. You may not enroll in this externship if you are enrolled in a clinical course or another externship in the same semester. The add/drop period for this externship ends at 4:00 PM on the first Friday after the start of classes. Students who elect to use their enrollment in this externship toward their public service requirement will receive one less credit for this course.
  • Externshp: District Attorney's Office - Phila - PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR EXTERNSHIPS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. PREREQUISITE: Students must have completed Evidence and have already completed, or be concurrently enrolled in Criminal Procedure: Prosecution and Adjudication or Constitutional Criminal Procedure. You will be REQUIRED TO ATTEND two all day training classes that will take place from 9:00 a.m. -5:00 p.m. The specific dates are not yet known but, anticipated to be Wednesday, January 9th and 16th. You can e-mail Rachel Mayover (rmayover@law.upenn.edu), Clinic Administrative Director, for more specific information. If you miss one or both of the training classes you can not enroll in this externship! Participants, after an intensive training program, and upon certification by the Pennsylvania Supreme Court, will appear in the Philadelphia Municipal Court to handle preliminary hearings in felony cases, pre-trial motions and trials in misdemeanor cases. Student experiences are closely supervised and critically analyzed. Mock presentations and evaluations are conducted throughout the course. Participants must possess the fortitude to litigate in court; students will be interacting not only with members of the judiciary before whom they appear, but also with opposing counsel, and witnesses and victims of crime, some of whom may be uncooperative. Successful participants need excellent interpersonal and communications skills, abundant self-confidence, an outgoing nature, flexibility, and an ability to maintain their composure under stress. While this local externship will require a minimum of 20 hours work each week, it is likely that in many weeks the work will require substantially more hours. Participants must be available: 1. on two full days to appear in court. 2. From 3:00 p.m. to 5:00 p.m. -- on the afternoon preceding each day in court to review case files with their assigned supervising attorney (e.g. from 3:00 p.m. Friday if court days are Monday and Tuesday). 3. to participate in a classroom component from 3:00 to 5:00 p.m. each Wednesday. 4. after each court appearance to complete their paperwork. This must be done before the student leaves the office and entails approximately 2 to 3 hours of very careful preparation. Students cannot miss the class meeting to finish this work. 5. Mandatory Orientation: All students MUST be available for 2 full days of Orientation that are to take place 9:00 a.m. - 5:00 p.m. on January 11 and January 18. The Orientation is held at at the Philadelphia District Attorney's Office. You must bring your copy of the Pennsylvania Crimes Code. Dress code for this Externship is courtroom attire required at ALL times. Background Check. A background and/or criminal record check will be made. Students must complete a background form and submit two passport-sized photographs. Required Text. The required text is Crimes Code of Pennsylvania (Gould Publications). District Attorney students should contact Rachel Mayover, Clinic Administrator, to arrange for their certification under Pennsylvania's student practice rule as quickly as possible but definitely before the close of the first week of classes. The add/drop period for this externship ends at 4:00 PM on the first Friday after the start of classes. Students who elect to use their enrollment in this externship toward their public service requirement will receive one less credit for this course.
  • Federal Indian Law - This course will explore selected theoretical and doctrinal aspects of the field known as federal Indian law. We will study the historical, conceptual and legal roots of tribal sovereignty; the development of federal doctrines concerning the powers of tribal governments; and the current state of federal law concerning tribal legislative, executive and judicial authority. Attention will be given to the division of authority among tribal, federal, and state governments, as well as to questions concerning possible tensions between governmental powers and individual rights. We will consider a number of current issues, which may include land claims; gaming; family law; economic development; religious and cultural rights; and natural resources. The course is open both to Penn Law students and to students enrolled in other Schools at Penn; students who are not enrolled in the Law School will be strongly encouraged to take the course on a “pass/fail” basis if permitted by their home Schools or departments.
  • Freedom & Responsibility Seminar - The seminar will read two important new books that address problems of responsibility. Attendance, preparation and consistent participation are required. A paper limited to 15 pages on any related topic the student chooses is required. A longer paper can also satisfy the senior writing requirement.
  • General Counsel - Over the last 25 years, one of the dramatic changes in the practice of law has been the exponential growth of the corporate legal department and the mobility of lawyers from one law firm partnership to another at a rate that was previously unthinkable. These two trends are both directly related to the rise of the General Counsel as a driving force in the evolution of the legal profession. The General Counsel Seminar will consider topics from areas including White Collar Crime, Corporations and Securities law among others. The course is designed to appeal to upper-level students who are interested in working in-house in either a private, non-profit or public organization or at a law firm with corporate or institutional clients, or as a regulator or prosecutor. It will also appeal to students who are interested in the evolution of the practice of law. In short, it should appeal to just about everyone. Topics will include: corporate criminal liability, the management of internal investigations, insider trading and securities fraud, obstruction of justice, attorney-client privilege in the corporate and international context, corporate governance and the oversight role of the Board of Directors, Foreign Corrupt Practices Act, RICO, Sarbanes-Oxley and the evolution of the lawyer as “Gatekeeper,” sentencing guidelines for organizations, the role of the auditor, litigation and contingency disclosures in SEC filings, and issues in public company compensation among others. The General Counsel must serve many distinct stakeholders and wear many distinct hats including: counselor and advisor, advocate, department manager, and ombudsman/inspector general to name a few. This course will explore the breadth of issues that come across the General Counsel’s desk. In addition, it will give insight into the analytical and practice challenges of resolving the conflicts created by simultaneously wearing different hats and serving different masters. The course will be conducted in a seminar format. Students will be evaluated based on a final paper and meaningful class participation. LLM students need the approval of the instructor.
  • International Human Rights - This course provides an overview of the contemporary international human rights regime. The course includes discussion of conceptual and political foundations of human rights law; controversial topics in human rights law, such as humanitarian intervention, universal jurisdiction, and the death penalty; international, regional, and national mechanisms for the making, interpretation, implementation, and enforcement of human rights law, including civil, criminal, and non-legal methods of redress; and challenges to human rights enforcement and strategies for promoting protection of human rights. Grades are based on class participation (20%) and the final examination (80%).
  • Juvenile Justice Seminar - 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.
  • Law and the Holocaust - This course draws together the fields of comparative law, constitutional law, criminal law and procedure, jurisprudence, conflicts of laws, international law, human rights and legal history, and then superimposes them on the history of the Holocaust, to examine the Nazi philosophy of law, emanating from the egregious racial ideology, and how it was used to pervert Germany’s legal system in order to discriminate against, ostracize, dehumanize, and ultimately eliminate, certain classes of people; and then, to study the role of international law in rectifying the damage by bringing perpetrators to justice and constructing a legal system designed to prevent a repetition. The course considers the following topics: 1.) The Holocaust: “Lawful Barbarism”. Overview of the Holocaust, by way of background, and the ways in which it was “anchored” in law. 2.) The Ideology That Made It Possible. Nazi theories of race and the nature and role of the State, and the legal system as an instrument of both. 3.) The Nazi Legal System In Action. Laws passed to give effect to the theories of race, and the role of the judges in interpreting and applying those laws. 4.) Jurisprudential Issues. Parts 2 and 3 above will form the foundation for an exploration of the role of morality in a system of law, through a consideration of academic writings and judicial reflection. An example of the former is the celebrated Hart-Fuller debate, in the pages of the Harvard Law Review; and an example of the latter is the controversial Bernstein litigation, in which the Courts grappled with the effect to be accorded in the US to expropriations of property by the Nazi regime. 5.) Measure For Measure: The Response Of The International Legal System. Consideration of the whole system of international human rights of the post-World War II era, revolving around five major pillars, each of which is a measure-for-measure reaction to the Holocaust: the Universal Declaration of Human Rights; the Genocide Convention; articulation of the two most egregious crimes in the international legal lexicon, Crimes against Humanity and Genocide; the creation of an international forum for bringing perpetrators to justice, namely the Nuremberg Trials; and the United Nations system. 6.) Lessons For The 21st Century. At each point, the perversion of Germany’s legal system will be the launching pad for extraction and consideration of critical lessons for contemporary democracies, as well as for the system of international law as a whole. Teaching in the course revolves around special materials prepared and edited by Professor Reicher. These consist of both primary documents as well as secondary writings. All this is supplemented by video excerpts of original archival footage, documentaries and movies, illustrating a range of themes dealt with in the course. These include: film of the actual Nuremberg Laws being read out; footage of a Nazi criminal court in action: scenes of the Nuremberg and Eichmann Trials; a re-enactment of the Wannsee Conference; a biography of Dr. Josef Mengele, excerpts from Leni Riefenstahl’s classic propaganda film, “Triumph of the Will,” and cross-examination scenes from Stanley Kramer’s classic movie, Judgment at Nuremberg.
  • Law in American Life - Someone once said, “a page of history is worth a volume of logic.” (not just anyone; it was Oliver Wendell Holmes, Jr., in New York Trust Co. v. Eisner (1921)) This course is designed to explore pages of history that might otherwise escape the logician. And at a time when so many fraught legal issues are argued with reference to history, it is more important than ever for students to understand legal history, and how to use it. By integrating primary sources with historical context, the course will explore the ways that legal change has affected life across American history. The course will be conducted primarily in lecture format, and will include readings in primary as well as secondary sources. Topics include (but are not limited to) topics such as blasphemy, witchcraft, mobs, revolution, slavery, immigration, electioneering, incarceration and other inherently interesting and legally important areas of inquiry. In the end, the central aim of this course is to acquaint students with a rich sense of the ways that law has operated to liberate as well as constrain Americans. A 3-day take-away exam at the end of the semester limited to 3,000 words will answer a distinct question that will be targeted to individual students’ interests and arranged between the professor and each student in the class, and will be designed to focus on that student’s interests but also draw on the work of the entire semester. A limited number of students wishing to write a research paper may do so if they clear the topic in advance with the professor. All paper topics must be finalized no later than January 31, and papers will be limited to no more than 3,500 words including notes.
  • Mental Health Law - This course will cover the theoretical, doctrinal and practical issues in mental health law, with special reference to the criminal context. It will also be of interest to students interested in bioethics, health law, family law, and torts.
  • Money Laundering - The seminar will focus on the effect of the money laundering laws, including laws passed post-9/11 under the USA PATRIOT Act and the USA PATRIOT Improvement and Reauthorization Act of 2005, and the use of these laws today. The course will cover money laundering and currency reporting rules. With respect to money laundering, it will review financial transaction money laundering, the extraterritorial reach of the money laundering laws, transportation money laundering, and financial transaction undercover money laundering. It will further cover related criminal statutes, including monetary transactions involving property obtained from specified unlawful activity and the illegal money transmitting businesses statute. It will cover the penalties for these crimes including a discussion of asset forfeiture and Eighth Amendment issues along with a discussion of the advisory U.S. Sentencing Guidelines that apply to these offenses. The seminar will further cover regulatory issues arising under the USA PATRIOT Act, the Bank Secrecy Act and regulations issued by the Office of Foreign Assets Control and related regulations governing the blocking of transactions with individuals and countries. It will further cover initiatives requiring “whistle blowing” by banks, broker-dealers, and mutual funds, and efforts to extend the current regulatory framework to include real estate brokers, accountants and attorneys. The course will also focus on Foreign bank account reporting requirements (FBAR), voluntary disclosure programs, and the effect these statutes, regulations, guidance and initiatives have had and continue to have on Fourth and Fifth Amendment rights as well as privacy rights and policy issues arising in the post-9/11 era. The seminar will include guest speakers including, among others, a federal district court judge, an Assistant United States Attorney or Department of Justice Tax Division attorney, a bank/broker dealer/or mutual fund compliance officer and one or more defense attorneys.
  • Right to Counsel - What does it mean when a police officer says "if you cannot afford an attorney, one will be provided for you"? Since 1963, the right to counsel has been interpreted to require the states to provide counsel to any defendant who cannot afford to hire an attorney. The right to counsel thus became an entitlement right, which is very rare in the U.S. Constitution. In this seminar, we will explore the evolution and current parameters of the right to counsel, including: when counsel must be provided; what quality guarantee, if any, the right includes; impediments to the full functioning of the right; and efforts to define and to enforce the right. We will also explore how the right applies in emerging and challenging contexts such as drug courts. Evaluation will be based on class participation (20%) and a paper (80%).
  • Statistics for Lawyers - This class will cover the basics of probability and statistics as they apply to the study and practice of law. Students will learn how to perform simple statistical analyses, as well as how to interpret and critique more complicated analyses. Topics covered will include the use of probabilistic evidence such as DNA matches, the use of cross sectional regression techniques in contexts such as discrimination cases, and the use of financial econometric techniques such as those used in securities law. No prior training in statistics is required. Students can choose to be evaluated on the basis of a written paper or an open-book exam.
  • Supreme Court Clinic - Yearlong - Supreme Court Clinic Professors S. Bibas, N. Gordon, and S. Kinnaird Yearlong: Fall 2012 and Spring 2013, 4 credits per semester, MWTh 1-2:50 p.m. Strongly recommended though not required: Supreme Court Practice and Process seminar, LAW 947-001, 3 credits, Fall 2012 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 Supreme Court Practice and Process seminar, LAW 947-001, which introduces students to the law, politics, and lawyering of the Supreme Court as an institution through a wide array of cases, briefs, and visiting speakers. The clinic, in contrast, will focus on the practical side of identifying and litigating real pending cases. In conjunction with the instructors and Supreme Court lawyers at a major Washington law firm, students will research and identify promising cases for Supreme Court review and take part in strategy sessions and conference calls, learning first-hand the tactical considerations that shape litigating positions and stances. They will then research and write first drafts of certiorari petitions, sections of merits briefs for the parties, and briefs amicus curiae at the certiorari and merits stages. Through intensive research, writing, editing, and rewriting, students will hone their legal-writing skills. Students will travel to Washington D.C. several times each semester to meet with experienced litigators and watch moot courts and oral arguments in the cases on which they have worked. Students must be prepared to commit an average of twelve to fifteen hours per week to the clinic throughout the entire academic year, though the load will probably be lighter right around the final examinations period. Students ordinarily may not drop or add this course without the instructor's permission. Attendance is required and will factor into students' grades. The clinic will meet on average twice a week--more when the clinic is busy and less when there are few deadlines approaching. Much communication and instruction will happen by email, in small-group meetings, and in conference calls. Classes will be not lectures but seminar-style discussions and teamwork on group projects.
  • Terrorism and International Law - The campaign by numerous states and international organizations against Al Qaeda and other non-state terrorist actors raises several critical questions for international law. This seminar provides an introduction to several of the most important debates. Topics covered include: the definition of terrorism; multilateral counter-terrorism treaties; the role of the UN in global counter-terrorism; the use of military force against terrorist organizations and the states that support them; the detention and treatment of suspected terrorists; the prosecution of suspected terrorists in various fora; and the rendition of suspected terrorists outside normal law enforcement channels. In the process, we examine aspects of the law of armed conflict, human rights law, the law of international organizations, and international criminal law. Grades are based on class participation (30%) and the seminar writing requirement (70%). Students may fulfill the seminar writing requirement with either: (1) four 5-page response papers to the weekly readings; or (2) a 20-page paper on a topic related to the course materials.
  • Thinking Like a Litigator - This skills seminar is designed to give students practical experience in pre-trial thinking, writing and speaking. Students will have the opportunity actually to do what real litigators do day-to-day, including, e.g., mapping out strategies, drafting pleadings, arguing motions and taking (very short) depositions. The course is built around a group of hypothetical cases; no text is used, and no reading is required other than the case materials. Actors are used to bring the cases to life. No legal research will be required, although the students will have to take into account the relevant substantive (mostly contract and tort) law. A course in Evidence will be helpful but it is not a prerequisite. Students are expected to attend and actively participate in all class sessions. We will reschedule the session on the Wednesday before Thanksgiving. There will be no final or mid-term examination. Students will be required to write a number of short pieces, on which feedback will be given, and one long memo at the end of the semester. Grades will be based 50% on class participation and 50% on the written work.
  • Trial Advocacy: Yearlong - 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.
  • Visual Legal Advocacy - Visual Legal Advocacy will introduce students to the art of making short nonfiction advocacy films on behalf of actual individual clients and/or groups devoted to the advancement of the cause of social justice. Instruction will track the steps in the production of a nonfiction or documentary film, starting with pre-production planning (including writing treatments and shooting scripts, budgeting, and scheduling), going on to the rudiments of production (including introductions to camera, lighting, and sound equipment), and concluding with post-production (including making paper edits and an introduction to editing). Participants will be divided into several working groups that will be responsible for the production of a short piece of visual legal advocacy, most likely a video clemency petition made on behalf of a formerly incarcerated person whose employment opportunities are limited by her/his criminal record or a victim impact statement made on behalf of a person harmed or injured by Philadelphia's gun violence.
  • White Collar Crime - This seminar will provide an overview of the federal law targeting white collar crime in the securities industry. The statutes, regulations and jurisprudence addressing criminal conduct in investment banking and brokerage will be examined from two perspectives: measures targeting bad actors whose crimes threaten the integrity of the capital markets, such as securities fraud; and measures holding broker-dealers and other financial institutions accountable for facilitating improper conduct, including violations of the USA Patriot Act and the Foreign Corrupt Practices Act. Beyond a mere review of the black letter law, however, the course will offer a practitioner’s perspective. Students will gain insight into how federal prosecutors, regulators and investigators work together to develop complex white collar cases. They will hear from guest speakers -- current and former Assistant US Attorneys, SEC Enforcement attorneys, FBI agents, and white collar defense attorneys -- about their real-life experiences. The seminar will also examine the various typologies of securities fraud, their impact on the way business is done on Wall Street, and evolving law enforcement efforts to police that business. From insider trading to "pump and dump" and "ponzi" schemes, the tools of the fraudsters' trade will be analyzed through the prism of recent cases including Bernard Madoff, Raj Rajaratnam and Martha Stewart. Court Golumbic is a Managing Director in the global Compliance Department of Goldman Sachs & Co. in New York. He was formerly an Assistant United States Attorney with the United States Attorney's Office for the Southern District of New York, where he specialized in investigating and prosecuting securities fraud, money laundering, and other forms of white collar crime.
  • White Collar Crime and Capital Markets - This seminar will provide an overview of the federal law targeting white collar crime in the securities industry. The statutes, regulations and jurisprudence addressing criminal conduct in investment banking and brokerage will be examined from two perspectives: measures targeting bad actors whose crimes threaten the integrity of the capital markets, such as securities fraud; and measures holding broker-dealers and other financial institutions accountable for facilitating improper conduct, including violations of the USA Patriot Act and the Foreign Corrupt Practices Act. Beyond a mere review of the black letter law, however, the course will offer a practitioner’s perspective. Students will gain insight into how federal prosecutors, regulators and investigators work together to develop complex white collar cases. They will hear from guest speakers -- current and former Assistant US Attorneys, SEC Enforcement attorneys, FBI agents, and white collar defense attorneys -- about their real-life experiences. The seminar will also examine the various typologies of securities fraud, their impact on the way business is done on Wall Street, and evolving law enforcement efforts to police that business. From insider trading to "pump and dump" and "ponzi" schemes, the tools of the fraudsters' trade will be analyzed through the prism of recent cases including Bernard Madoff, Raj Rajaratnam and Martha Stewart. Court Golumbic is a Managing Director in the global Compliance Department of Goldman Sachs & Co. in New York. He was formerly an Assistant United States Attorney with the United States Attorney's Office for the Southern District of New York, where he specialized in investigating and prosecuting securities fraud, money laundering, and other forms of white collar crime.