Yale Law School 2009–2010

Course Offerings

Fall Term

First-Term Courses

Constitutional Law I (10001) 4 units. A.R. Amar (Section A), H. Gerken (Section B), P. Gewirtz (Group 1), R. Siegel (Group 2), J. Rubenfeld (Group 3), P.W. Kahn (Group 4), S. Shapiro (Group 5)

Contracts I (11001) 4 units. A. Chua (Section A), R.W. Brooks (Section B), R.W. Gordon (Group 1), H. Hansmann (Group 2), D. Markovits (Group 3), I. Ayres (Group 4), C. Priest (Group 5)

Procedure I (12001) 4 units. O.M. Fiss (Section A), L. Brilmayer (Section B), D.S. Days, III (Section C), J. Resnik (Group 1)

Torts I (13001) 4 units. G. Calabresi (Section A), P. Schuck (Section B), J. Witt (Section C), J.J. Donohue (Group 1), D. Kysar (Group 2)

Advanced Courses

Courses marked with an asterisk (*) satisfy the legal ethics/professional responsibility requirement.

Access to Knowledge Practicum (20428) 2 or 3 units. Students in this course will work on projects that promote innovation and distributive justice through the reform of intellectual property and telecommunications laws, treaties, and policies both internationally and in specific countries. These laws, treaties, and policies shape the delivery of health care services, technology, telecommunications access, education, and culture around the globe. Students will supplement projects with theoretical readings and frequent contact with Information Society Project Fellows. Paper required. Permission of the instructors required. Enrollment limited to ten. L. DeNardis and L. Shaver

Administrative Law (20170) 4 units. This course will cover the legal and practical foundations of the modern administrative state. Topics include the creation of administrative agencies and the non-delegation doctrine, the internal process of adjudication and rulemaking in administrative agencies, judicial review of administrative action, the organization of the executive branch, liability for official misconduct, and beneficiary enforcement of public law. Self-scheduled examination. N. Parrillo

Advanced Advocacy for Children and Youth (20327) 1 to 3 units, credit/fail, with a graded option. Limited to students who have taken Advocacy for Children and Youth in previous terms. Enrollment limited. Permission of the instructor required. J.K. Peters

Advanced Civil Liberties and National Security Post 9/11 (20483) 1 to 3 units. A fieldwork-only option. Prerequisite: Balancing Civil Liberties and National Security Post 9/11. Permission of the instructors required. M. Wishnie and H. Metcalf

*Advanced Civil Procedure and Legal Ethics: Complex Civil Litigation (20286) 4 units. A casebook course in joinder, discovery, multi-district litigation, and coordinating jurisdiction between state and federal courts, and settlement and related topics in complex civil litigation. Particular emphasis on the management and reform of discovery, complex mass tort litigation, and issues of legal ethics encountered in complex civil litigation, including problems of conflicts and mass settlements. Enrollment capped at thirty-five. Scheduled examination. E.D. Elliott

Advanced Deals Workshop: Public Company M&A (20508) 3 units. This course will be an advanced deals workshop focusing on the practical and legal issues that corporate lawyers face in structuring and negotiating merger and acquisition transactions involving public companies, as well as planning and defending against hostile takeovers. Topics will include understanding the roles of corporate lawyers and other players in M&A trans­actions, structuring deals, drafting and negotiating merger agreements to allocate risk and protect the deal, designing and implementing corporate takeover defenses, planning hostile takeovers, managing conflict transactions including squeeze-outs and leveraged buyouts, and responding to shareholder activists and hedge funds. Prerequisite: Business Organizations or equivalent. Permission of the instructor required. Enrollment limited to fourteen. Self-scheduled examination. E.S. Robinson

Advanced Domestic Violence Clinic (20504) 1 to 3 units, credit/fail. Open only to students who have completed the Domestic Violence Clinic. Permission of the instructors required. C.L. Lucht and S. Wizner

Advanced Immigration Legal Services (20382) 1 to 3 units, credit/fail. Only open to students who have taken Immigration Legal Services. Permission of the instructors required. C.L. Lucht, J.K. Peters, S. Wizner, and H.V. Zonana

Advanced Landlord/Tenant Legal Services (20477) 1 to 3 units, credit/fail. Only open to students who have taken Landlord/Tenant Legal Services in a previous term. Permission of the instructors required. F.X. Dineen and J.L. Pottenger, Jr.

Advanced Legal Research: Methods and Sources (20486) 3 units. An advanced exploration of the specialized methods and sources of legal research in some of the following areas: administrative law; case finding; computer-assisted research; constitutional law and history; court rules and practice materials; international law; legislative history; and statutory research. Class sessions will integrate the use of online, print, and other research sources. Notebook computer recommended. Research problems and paper required. S.B. Kauffman, R.D. Harrison, J.B. Nann, and C. Tubbs

Advanced Legal Services for Immigrant Communities (20485) 1 to 3 units, credit/fail. Only open to students who have taken Legal Services for Immigrant Communities. Permission of the instructors required. C.L. Lucht and S. Wizner

Advanced Legal Writing (20032) 3 units. This course will provide practice in writing legal memoranda and briefs. Students will have the opportunity to refine analytical as well as writing skills. The goal of the course will be to take students beyond basic competence to excellence in legal writing. Only open to J.D. students. Enrollment limited to ten. R.D. Harrison

Advanced Worker and Immigrant Rights Clinic (20488) 1 to 3 units. A fieldwork-only option. Prerequisite: Worker and Immigrant Rights Clinic. Permission of the instructor required. M. Wishnie

*Advocacy for Children and Youth (20329) 3 units, credit/fail. Students in this clinical seminar will represent children and youth who are abused, neglected, uncared for, or in cases that potentially involve termination of parental rights, in the Superior Court for Juvenile Matters and certain related matters. Class sessions will focus on substantive law, ethical issues arising from the representation of children and youth in the relevant contexts, interviewing and lawyering competencies, case discussions, and background materials relating to state intervention into the family. Class will meet weekly with occasional supplemental sessions to be arranged. Additionally, students will attend weekly case supervision sessions. Casework will require, on average, ten to twelve hours weekly, but time demands will fluctuate over the course of the term; class time will be concentrated in the first half of the term. Enrollment limited to four. J.K. Peters

Anglo-American Legal History: Directed Research (20009) 3 units. An opportunity for supervised research and writing on topics to be agreed. The object will be to produce work of publishable quality. Papers normally go through several drafts. Prerequisite: History of the Common Law or evidence of comparable background in legal history. Paper required. Permission of the instructor required: Interested students should meet with the instructor before the opening of the pre-registration period. J.H. Langbein

Behavioral and Institutional Economics (20083)/ECON 527a 3 units. Behavioral economics incorporates insights from other social sciences, such as psychology and sociology, into economic models, and attempts to explain anomalies that defy standard economic analysis. Institutional economics is the study of the evolution of economic organizations, laws, contracts, and customs as part of a historical and continuing process of economic development. Behavioral economics and institutional economics are naturally treated together, since so much of the logic and design of economic institutions has to do with complexities of human behavior. The course will emphasize two main topics: behavioral macroeconomics and behavioral finance, though references will be made to other branches of economics as well. This course assumes some knowledge of economics but does not make heavy use of mathematics. This course will meet according to the Yale Graduate School calendar. Scheduled examination. R. Shiller

Business Organizations (20219) 4 units. An introduction to the business corporation laws affecting the rights and roles of corporate boards of directors, senior executive officers, and shareholders, with an emphasis on large, publicly traded firms. Shareholders’ economic interests are examined from the perspective of limited liability and dividend standards, expectations of liquidity or transferability of shares, and the use of debt capital as a mode of financing corporate activity. Shareholders’ limited participation rights in corporate decision making will be examined from the perspective of state and federal rules governing shareholder voting and the disclosure of corporate information and the notion of managerial expertise (e.g., as evidenced by judicial application of the “business judgment rule”) The latter part of the course will focus on directors’ and officers’ fiduciary obligations to shareholders, examining the operation of these duties in a variety of settings and transactions. Issues relating to the roles and functions assumed by corporate attorneys (with respect to their clients) and the role of business corporations within society will also be addressed. Self-scheduled examination. J.R. Macey

Capital Punishment Clinic (20251) 6 units (3 fall, 3 spring), credit/fail in the fall term with the option of graded credit in the spring. Students will work with members of the Capital Trial Unit of the Connecticut Public Defender Office in representing people facing the death penalty. Students will make practical use of research and analytical skills, participate in investigations, in conferences with clients, witnesses and experts, and observe court proceedings. Students must complete a substantial writing assignment, such as a portion of a motion, brief, or memorandum of law. This course requires participation for both the fall and spring terms. The course is limited to students who intend to take Capital Punishment: Race, Poverty, and Disadvantage in spring 2010, or have already taken it. Permission of the instructor required. Enrollment limited to eight. S.B. Bright

*Civil Liberties and National Security after September 11 (20343) 3 units, credit/fail. This course will focus on civil liberties and human rights cases arising out of U.S. government counterterrorism policies, such as the detention of terrorism suspects in the U.S., Guantánamo, and Bagram, the misuse of law enforcement techniques, such as the immigration and material witness detention powers, and accountability of government officials for the unlawful detention and interrogation of terrorism suspects. Students engage in all aspects of the clinic’s demanding impact litigation docket, whether through direct representation, amicus curiae briefs, or policy advocacy. The course will also include a weekly seminar to explore the legal, practical, and ethical aspects of the subject matter and social justice lawyering generally. The class will meet at a regularly scheduled time once a week, and one additional weekly meeting period will be arranged at the beginning of the term. Permission of the instructors required. Enrollment limited. M. Wishnie and H.R. Metcalf

Civil Litigation Practice (20544) 3 units. Permission of the instructor required. Enrollment limited to twelve. S. Wizner

Climate Change Law, Theory, and Practice (20548) 1 unit. Climate change policies, and environmental policy more generally, often address issues that are similar or identical to issues presented widely in law. For example, the choice of policy instruments to control carbon emissions, cap and trade or tax, is almost the same as the standard legal issue of the choice between property rules and liability rules. Nevertheless, the climate change literature most often proceeds without any reference to the legal literature. The idea of this course will be to pair readings in climate policy with readings in the law. For each session, the class will read two or three articles on a topic within climate change (or environmental policy more generally) and two or three topics on the related issue in law to see how each can inform the other. This course will meet for the first three weeks of the term. Paper required. Enrollment limited. D. Weisbach

*Community and Economic Development (20023) 3 units, credit/fail. This multidisciplinary clinic focuses on issues of neighborhood revitalization, low-income housing, financial access, and financial inclusion as they relate to poverty alleviation and economic development. In addition to law students, the clinic is open to students from the Schools of Management, Divinity, Forestry & Environmental Studies, Public Health, and Architecture with prior approval from a faculty member. Under the supervision of faculty and practicing members of the bar, participants will work on behalf of nonprofit organizations, the City of New Haven, small businesses, and a local community development bank in the New Haven area. The clinic will emphasize a nonadversarial, transactional approach to problem solving for major issues facing a low-income urban area such as affordable housing, business development, access to affordable financial services, and subprime lending. As part of the mortgage foreclosure project, some students will be doing litigation. Participants will research legal issues, facilitate negotiations, draft contracts, incorporate organizations, complete loan and grant applications, develop financial analyses, and in general provide legal, policy, business, and strategy advice to clients. Students will examine both the private and the public sector, as well as hybrid approaches to development issues. Class topics will include real estate finance, low-income housing policy, banking law, discrimination in lending, community development corporations and financial institutions, professional responsibility, urban planning, economic policy, and predatory and subprime lending. Enrollment limited to eighteen. R. Golden, S.M. Hudspeth, C.F. Muckenfuss, L. Nadel, and C. Stone

Comparative Administrative Law (20517) 3 units. A course comparing the administrative law systems of the U.S., France, Germany, and the United Kingdom, with a focus on the way statutory and constitutional law guides and constrains policy making by government ministries and independent agencies. The course will also consider the oversight role of the courts and other bodies. The course will then examine how administrative law functions in the transition to democracy in emerging economies and in non-democracies such as China. The particular comparative focus will depend on student background and interest. Prerequisite: one course on administrative law (either of the U.S. or of any other country). Thus, LL.M. students are eligible if they have studied administrative law during their legal training. Self-scheduled examination or paper option. Enrollment limited to twenty. S. Rose-Ackerman

Comparative Constitutional Law (20518) 3 units. This course will provide a survey of selected themes in comparative constitutional law, focusing on the relationship between (a) constitutional judicial review and rights protection and (b) the greater political system. The approach will be interdisciplinary, blending social science and legal perspectives. The assumption will be that students have a basic knowledge of American constitutional law, as well as an interest in law outside of the United States. Self-scheduled examination or paper option. A. Stone Sweet

Complex Federal Litigation (20298) 3 units, credit/fail. The clinic will focus primarily on ongoing civil rights litigation on behalf of state and federal prisoners housed in Connecticut. Cases include Eighth Amendment claims addressing deliberate indifference to serious medical needs, Eighth Amendment failure to protect claims, and First Amendment religious freedom claims on behalf of Muslim women prisoners. The course will provide exposure to the substantive law of federal prison litigation, including claims and defenses under Section 1983 and Bivens and the requirements of the Prison Litigation Reform Act. Students will also work on developing clinical skills, including, inter alia, taking depositions and negotiating settlements. The classroom component of the course will meet every week, although weekly supervision meetings will also be scheduled in addition to the classroom discussions. Enrollment limited. B. Dignam, M. Gohara, S.F. Russell, and H. Zonana

Constitutional Impact and Law Reform Litigation: Issues and Strategies (20546) 2 units. This seminar will explore strategic and legal issues related to litigation against the government as a tool for advancing constitutional and civil rights. The course will use the instructor’s twenty-five years’ experience litigating class action and appellate cases on behalf of immigrant and civil rights plaintiffs to explore strategic use of law reform litigation. The class will consider both legal doctrine and practical problems. Among the issues that may be included are selecting test cases; strategic pleading; class action problems; using individual suits; the role of amicus briefs; suits for damages versus injunctive relief; standing, mootness, and organizational plaintiffs; settlement strategies and issues; coalition litigation; use of public advocacy and media; the effect of lawsuits on policy makers and government officials; and litigation to achieve legislative change. Guest speakers may be invited. As a part of the course, students will work in teams to develop an issue (in consultation with the instructor) for presentation to the class. Permission of the instructor required. Enrollment limited. L. Guttentag

Contemporary Legal Issues in Africa (20120) 1 unit, credit/fail. This reading group will meet once a week at lunchtime to discuss current events in Africa, with special emphasis on events that raise issues of international law. Each student will be given responsibility for a particular region of Africa and will report weekly on the important events in that region. One unit of credit is available for participants. Students who wish to do more extensive research into the legal issues in their particular region can make special arrangements for additional study, including the awarding of Supervised Analytic Writing credit. It is possible to take this course more than once. No previous background is assumed, only a general interest in increasing awareness of what is currently going on in Africa. L. Brilmayer and D. Wade

Convicting the Innocent (20044) 2 or 3 units. This seminar will explore the causes of and remedies for miscarriages of justice in which persons other than the perpetrators of criminal offenses are found guilty. The course will examine the processes of memory and suggestion, cognition, belief formation and resistance to change, lying and lie detection, the motivations and opportunities for fabricating evidence, impostor and unqualified experts, incompetent lawyers, poverty, and their relationships to legal rules and practices. Among the specific contexts in which the examinations will occur are allegations of child sexual abuse, stranger rapes, robberies, and murders. Some attention will be paid to the special problem of capital punishment. Papers may qualify for Supervised Analytic Writing or Substantial Paper credit. Enrollment capped at twenty. Scheduled examination or paper option. S.B. Duke

Corporate Restructuring and Distressed Debt Investing (20541) 2 or 3 units. This course will explore the ways in which corporate restructuring unlocks value and distressed investors (those who invest in securities of companies that are in or near bankruptcy) capture that value. The course will be taught in four modules. In Module I, Basics of Corporate Finance and Accounting, students will learn how to apply the fundamentals of accounting and finance to analyze and value a corporation and its securities. Module II, Basics of Bankruptcy, will explore the legal framework of the U.S. Bankruptcy Code, examining those aspects of Chapter 11 that allow debtors to make a “fresh start” and restructure its contracts with its stakeholders (i.e., creditors, employees, equity holders, etc.). Module III, Distressed Investing and Corporate Restructuring, will explore the various tactics distressed investors use in the restructuring of corporations both in and out of bankruptcy in order to unlock and capture value. In Module IV, students will apply the knowledge from the prior three modules to participate in a mock bankruptcy in which teams of students representing the various stakeholders simulate a Chapter 11 reorganization with a bankruptcy judge presiding. No prior experience or knowledge of bankruptcy, restructuring, accounting, finance, or negotiating is assumed. Recommended for students who wish to pursue careers in bankruptcy law, restructuring/turnaround advisory and management, commercial and/or investment banking, strategy consulting, securities analysis, and investment management. Paper required. M. Paige

Corruption, Economic Development, and Democracy (20098)/PLSC 714a 2 or 3 units. A seminar on the link between political and bureaucratic institutions, on the one hand, and economic development, on the other. A particular focus will be the impact of corruption on development and the establishment of democratic government. Paper (2 or 3 units) or self-scheduled examination (2 units). Enrollment limited to fifteen. S. Rose-Ackerman

Criminal Defense Project (20519) 3 units, credit/fail. This clinical offering will allow students the opportunity to participate in the defense of felony cases, with training and fieldwork supervision provided by clinical faculty and experienced trial attorneys from the New Haven Judicial District Public Defenders office. Students will receive skills training in a two-hour weekly seminar which will address topics such as the right to counsel and client interviews, pretrial investigation and discovery, motions practice, crime scene and physical evidence viewing, working with forensic experts, trial/hearing preparation, jury selection, witness examination, framing a defense theory of the case, confronting the prosecution’s evidence, presenting the defense’s evidence, and presenting closing argument. Cases will be selected in an attempt to provide students with a broad exposure to defense practice as well as a meaningful opportunity to participate in a litigation event. A yearlong commitment is required. Enrollment limited to six. D. Curtis, S.F. Russell, and T. Ullman

Criminal Law and Administration (20061) 3 units. An introduction to criminal law and its administration, including the requisites of criminal responsibility, the defenses to liability, inchoate and group crimes, sentencing, and the roles of legislature, prosecutor, judge, and jury. This course is given in several sections; it must be taken before graduation. Self-scheduled examination. J.Q. Whitman

Criminal Procedure: Police Practices and Investigations (20444) 3 units. The course will focus on the constitutional law that governs searches, seizures, and confessions. The course will consider in detail the evolution of the exclusionary rule and the development and administration of the probable cause and warrant requirements. It will also examine stop and frisk, administrative searches, searches incident to arrest, vehicle searches, consent searches, and the admissibility of confessions. Scheduled examination. T. Meares

Democracy and Distribution (20538)/EPE 411a/PLSC 565au 2 units. An examination of relations between democracy and the distribution of income and wealth. Particular attention will be paid to the ways in which different classes and coalitions affect, and are affected by, democratic distributive politics. This course will meet according to the Yale College calendar. Paper required. No Supervised Analytic Writing credit. Substantial Papers possible, with permission of the instructor. Enrollment limited to six law students. M.J. Graetz and I. Shapiro

*[The] Education Adequacy Project (20403) 3 units, credit/fail. This clinical course will focus on a single litigation against the State of Connecticut, representing the Connecticut Coalition for Justice in Education Funding (CCJEF) and fifteen children and parents alleging constitutional deficiencies in state-provided education. This unique litigation is the first-ever clinic-led school finance litigation, and provides a diverse array of litigation, policy, and client work. CCJEF is a broad coalition made up of municipalities, school boards, unions, nonprofit organizations, parent-teacher organizations, and other interested individuals and groups. Through litigation and advocacy, CCJEF seeks to reform Connecticut’s public school finance system by substantially increasing funding and accountability such that all children are provided an adequate and substantially educational opportunity. The Education Adequacy Project serves as lead counsel on the litigation (CCJEF v. Rell) and will meet on a weekly basis to review the progress of the students as well as to discuss the substantive issues involved in CCJEF’s case and the theoretical issues involved in the adequacy movement. Students interested in participating in the Project should submit a brief statement of interest that discusses any pertinent experience that the student may bring to the Project, willingness to continue with the Project for more than one term if needed, and any other related information. Enrollment limited to fifteen. R. Golden, A. Knopp, D. Rosen, and M. Weisman

Employment Discrimination Law (20037) 4 units. This course will examine the regulation of employment discrimination through Title VII of the Civil Rights Act of 1964 and related laws. It is an introductory but comprehensive course that emphasizes the major analytical frameworks for conceptualizing race and sex discrimination—and equality—in the workplace. The course will combine a pragmatic, litigation-oriented perspective with a theoretical, sociological one, as it investigates the assumptions underlying various legal approaches and situates legal trends within larger social and historical contexts. The course will provide a solid theoretical foundation for understanding differing conceptions of discrimination and equality in other areas of law, such as anti-discrimination law and constitutional law. It will also provide students with the background necessary to deal with discrimination problems in a clerkship or practice setting. Scheduled examination. V. Schultz

[The] Engineering and Ownership of Life (20332)/HIST 938a/HSHM 676a 2 units. This seminar explores the history of intellectual property protection in living matter. Focusing on the United States in world context, it examines arrangements for IP protection outside the patent system as well as within it. Topics covered include law, agribusiness, medicine, and biotechnology. Paper required. This course will meet according to the Yale College calendar. Enrollment limited to ten law students. D.J. Kevles

Environmental Management and Strategic Advantage (20490)/F&ES 96112a/MGT 688a 3 units. This course will focus on understanding the policy and business logic for making an environmental or sustainability focus a core element of corporate strategy and management systems. Students will be asked to analyze how and when environmental thinking can be translated into competitive advantage. The course will combine lectures, case studies, and class discussions on management theory and tools, legal and regulatory frameworks shaping the business-environment interface, and the evolving requirements for business success (including how to deal with diverse stakeholders, manage in a world of transparency, and handle rising expectations related to corporate responsibility). Self-scheduled examination. This course will meet according to the calendar of the School of Forestry & Environmental Studies. D.C. Esty and S. Ramsey

Environmental Protection Clinic (20316)/F&ES 80034a 3 units, credit/fail. A clinical seminar in which students will be engaged with actual environmental law or policy problems on behalf of client organizations (environmental groups, government agencies, international bodies, etc.). The class will meet weekly, and students will work eight to ten hours per week in interdisciplinary groups (with students from the School of Forestry & Environmental Studies and other departments or schools at Yale) on projects with a specific legal or policy product (e.g., draft legislation or regulations, hearing testimony, analytic studies, policy proposals) to be produced by the end of the term. Students may propose projects and client organizations, subject to approval by the instructor. Enrollment limited to twelve. D.S. Bryk and K. Kennedy

*Ethics and the Government Lawyer (20492) 2 or 3 units. Like private practitioners, government lawyers hold many different positions and play many different roles. Yet in all these contexts the government lawyer is often uniquely positioned to affect the course of public policy, the institutional relationships within the government, and the impact of law on private citizens and firms. This seminar is designed to explore the special ethical issues that arise in government practice by examining both theoretical literature on the roles of several types of government lawyers—including the Attorney General, the Solicitor General, lawyers in the Department of Justice’s Office of Legal Counsel and the Department of State’s Office of the Legal Adviser, military lawyers, line prosecutors, and lawyers in other departments and agencies—and particular cases that raise significant issues concerning the government lawyer’s professional responsibilities. A research paper is required. Both Substantial Paper and Supervised Analytic Writing credit are available for suitable projects. Paper required. Enrollment limited to sixteen. R.W. Gordon and J.L. Mashaw

Evidence (20057) 3 units. The course will cover the basics of the American system of evidentiary production, with an emphasis on the Federal Rules of Evidence as well as on associated common law rules and constitutional principles. Students will work from a casebook that emphasizes trial-level practice and practical problems while considering also the general theory of proof that underlies the American evidentiary system. Students will be evaluated on the basis of a timed take-home exam during which students will be expected to analyze a transcript of a real trial for evidentiary issues. Active class participation will also be taken into account in determining final grades. Self-scheduled examination. K.L. Scheppele

Federal Income Taxation (20222) 4 units. An introductory course on the federal income taxation of individuals and businesses. The course will provide an overview of the basic legal doctrine and will emphasize statutory interpretation and a variety of income tax policy issues. The class will consider the role of the courts, the Congress, and the IRS in making tax law and tax policy and will apply (and question) the traditional tax policy criteria of fairness, efficiency, and administrability. Topics will include fringe benefits, business expenses, the interest deduction, the taxation of the family, and capital gains. No prerequisites. Enrollment capped at ninety. Scheduled examination. Y. Listokin

Financial Accounting for Lawyers (20471) 3 units. An introductory course in financial accounting. The objective of the course will be to help the student become an informed user of financial instruments. The course will emphasize (1) the concepts and conventions that underlie financial statement, (2) the methods that are used to record, summarize, and report the effects of economic activities in financial statements, and (3) the interpretation and analysis of financial statements. Self-scheduled examination. L. Schiffres

Fundamental Rights in a Comparative Perspective (20542) 2 units. The course will focus on the different ways in which constitutions frame and courts interpret fundamental rights. The aim is to broaden the horizon for alternative approaches to fundamental rights and thereby to sharpen the understanding for the peculiarities of one’s own constitutional system. Among the topics to be discussed are limitation of fundamental rights; proportionality and balancing; negative v. positive rights; vertical v. horizontal application; social and economic rights; methods of interpretation of fundamental rights; impact of historical context. This course will meet in the second half of the term. Enrollment limited to twenty. Self-scheduled examination or paper option. D. Grimm

Green Energy Policy (20526) 2 or 3 units. A major goal of the Obama Administration, as well as many other groups and authors, is to wean the U.S. from its dependence on fossil fuels by promoting energy efficiency and renewable sources of energy. This research seminar considers what legal policies and instruments may be available to accomplish these policy goals. The course will begin with the arguments that a transformation of the U.S. energy system is needed for environmental as well as other reasons. Other cross-cutting goals such as national security, economic development, and decreasing dependence on foreign sources of energy will also be considered. Next the course will explore past attempts to develop and implement a national energy policy and to promote various technologies. The course will then consider various existing policies and subsidies that discourage efficiency and renewable energy. The course will consider successful models, including Germany and California, and various proposals and suggestions to promote energy efficiency and green energy. Supervised Analytic Writing or Substantial Paper credit available. Paper required. Enrollment capped at thirty-five. E.D. Elliott

Groups, Diversity, and Law (20451) 2 or 3 units (depending on paper). Immigration, intra-group and inter-group differentiation, and egalitarian and diversity values are producing deep tensions and conflicts in a traditionally individualistic society. In complex ways, law influences how individuals assume group identities, how groups form, evolve, fragment, and compete with one another for social goods, and how diversity as social goal or constraint is defined and achieved. In this seminar, legal and social science materials will be used to explore the meanings of diversity, the history of diversity-as-ideal, and specific efforts by the law to implement that ideal—sometimes as a remedy for past discrimination, sometimes as a by-product of other values such as religious freedom, and sometimes for its own sake. The focus will be on examples such as affirmative action, political representation, language rights, immigration, residential integration, religion, expressive associations, voting rights, and social mobility. The emphasis will be on racial and ethnic groups, not on gender and sexual preference, which are covered in other courses. Each student must write, and some may be asked to present, a research paper. Supervised Analytic Writing and Substantial Paper credit may be given. An ungraded credit/fail option is available under certain conditions. P.H. Schuck

Guantánamo (20527) 2 units. This course will examine a range of issues growing out of the post-9/11 detentions of “enemy combatants” at Guantánamo Bay. The class will focus on presidential authority, separation of powers, and judicial responses. Topics will include the Bush Administration’s actions, litigation on behalf of detainees and military commission defendants, congressional activity, and leading cases. Readings will include court of appeals and Supreme Court briefs, argument transcripts, and decisions; Office of Legal Counsel memoranda; legislative materials; and scholarly commentary. Paper required. Enrollment limited to twenty. L. Greenhouse and E.R. Fidell

*History of the Common Law: Procedure and Institutions (20010) 3 units. An introduction to the historical origins of Anglo-American law, in which students study selected historical sources and extracts from legal-historical scholarship. Topics: (1) the jury system—medieval origins and European alternatives, separation of grand and petty juries, changes in the functions and composition of the jury from medieval to modern times, the law of evidence and other forms of jury control; appellate review of jury verdicts; the growing disuse of juries and of trials in modern times; (2) civil justice—the forms of action and the pleading system; the regular and itinerant courts; the judiciary; law reporting and other forms of legal literature; Chancery, the trust, equitable procedure and remedies; historical perspectives on the scope of the right to civil jury trial under the Seventh Amendment; the deterioration of Chancery procedure and the fusion of law and equity; the codification movement; the drafting of the Federal Rules of Civil Procedure; (3) criminal justice—medieval criminal procedure; presentment and indictment; the recasting of criminal procedure in the sixteenth and seventeenth centuries; the officialization of prosecution and policing; the rise and fall of Star Chamber; defense counsel and the rise of the adversary system in the eighteenth century; the privilege against self-incrimination; the law of evidence; criminal sanctions and sentencing; (4) legal education—the inns of court; apprenticeship; the emergence of university legal education in the United States; (5) the legal profession—attorneys and barristers; the regulation of admission to the profession; the development of law firms and the trend to megafirms. Scheduled examination. J.H. Langbein

Human Rights Workshop: Current Issues and Events (20134) 1 unit, credit/fail. Conducted in workshop format and led by Professor Paul Kahn, director of the Orville H. Schell, Jr. Center for International Human Rights, the course will discuss recent writings in the field, presentations from outside guests and participants, and newsworthy events in the human rights arena. This course will meet in weeks when the Legal Theory Workshop does not meet. P.W. Kahn

Immigrants’ Rights: Current Constitutional and Civil Rights Issues (20547) 3 units. This course will examine the constitutional and civil rights of immigrants by studying key principles governing the immigration power and then exploring a series of contemporary problems and issues. It is not a survey course. The class will start with an overview of basic immigration law concepts and then explore current issues that may include constitutional principles governing state and local regulation of immigration and “alienage” discrimination; the right of immigrants to habeas corpus and judicial review; problems presented by proposals for “comprehensive immigration reform”; labor and workplace protections for noncitizens; constitutional norms applicable to immigration enforcement, raids, and detention; due process rights in removal proceedings; the intersection of immigration and criminal law; post-9/11 issues; and the potential impact of the Guantánamo habeas corpus cases on the constitutional rights of immigrants. The specific topics and course content are subject to current events and student interest. Guest speakers involved in particular issues will be invited when possible. A prior course in immigration law is not required, but knowledge of basic constitutional doctrine is assumed. Class participation is expected. Examination required. L. Guttentag

Immigration, Citizenship, Church-State Relations, and Antidiscrimination Policies and Laws (20513) 2 units. This seminar will examine immigration, citizenship, church-state relations, integration, and antidiscrimination laws and policies in comparative perspective, including mainly North American and European (especially French, British, and German) cases, but also Asian and African ones. In these domains in particular, national laws and policies have been and continue to be influenced (or counter-influenced) by foreign experiences. Each session will consider the analysis and the interpretation of key policy reforms and of court cases across national boundaries (for example, the quota system in immigration policies, dual citizenship, denaturalization, adaptation to religious diversity, legal treatment of ethnic discriminations). The seminar will have a strong multi­disciplinary dimension. Self-scheduled examination or paper option. P. Weil

Immigration Law and Policy (20528) 3 units. This course will survey U.S. immigration and citizenship law. The course will begin by covering several constitutional issues: acquisition and meaning of citizenship; Congress’s plenary immigration power; immigration federalism; and the application of equal protection and due process to noncitizens. It will then turn to the statutory and administrative frameworks that govern the admission and removal of noncitizens. Students will work closely with the Immigration and Nationality Act and consider aspects of judicial review and the law of habeas corpus. The course will conclude with a consideration of select topics in immigration law and policy, such as the intersection of national security and immigration law; unauthorized immigration; and the basics of refugee and asylum law. Throughout the course, students will engage various theoretical questions: What defines membership in a polity? How should the rights of citizens and noncitizens differ? When is it appropriate to force noncitizens to leave the U.S.? Are there any moral/humanitarian constraints on the state’s interest in controlling its borders? Self-scheduled examination. C. Rodríguez

*Immigration Legal Services (20016) 3 units, credit/fail. A clinical seminar involving class sessions and casework. The clinic will specialize in the representation of persons who are seeking asylum through affirmative procedures or in removal proceedings or post-asylum relief. Class sessions will focus on the substantive and procedural law, the legal and ethical issues arising in the context of casework, and on the development of lawyering skills. Classes will be heavily concentrated in the first half of the term, with additional sessions supplementing the weekly class time. Students will also attend weekly supervisions on casework. Enrollment limited. C.L. Lucht, J.K. Peters, S. Wizner, and H.V. Zonana

Information Privacy Law (20454) 2 units. Controversy over information privacy has grown dramatically in recent years. Information that many individuals view as private is gathered using a growing number of new technologies—RFID tags, spyware, genetic testing, and much more. Statutory and common law, both new and old, have sought to respond to rapid changes in information gathering, storage, and dissemination. This course will examine information privacy law with a special emphasis on workplace privacy, drawing on Professor Jolls’s experience drafting workplace privacy provisions as Reporter for the Restatement of Employment Law over 2001–2006. The course will also give coverage to consumer privacy and to information privacy as against “War on Terrorism” law enforcement demands. Students will be asked to submit short reaction papers every other week or, if preferred, may submit brief responses in lieu of the reaction papers and then a longer paper at the end of the term. Enrollment limited. C. Jolls

[The] Information Society and Behavioral Economics (20539) 2 units (1 unit per term). This yearlong course will explore the structure of the information society in light of the emergent field of behavioral economics. Most centrally, much behavior on the Internet is difficult to explain using traditional economic analysis but fits well within the behavioral economics framework. Course readings will consist of articles and book excerpts from law and social science. Students will be asked to submit reaction papers approximately every other week. Students who wish to enroll for only one term must have the permission of the instructor. Enrollment limited. C. Jolls

Insurance and Public Policy (20367) 3 units. This course will address the wide range of public policy issues implicating insurance for those who suffer losses. The course will first address the principles of insurance and insurance techniques that reduce societal and personal risks. It will then apply these principles to the range of insurance law issues. The course will combine both a practical and conceptual understanding of insurance law. Self-scheduled examination or paper option. G.L. Priest

International Financial Crisis (20543) 2 units. In the spring of 2009 the G-20, representatives of twenty of the world’s leading countries, began reviewing proposals to change the structure and content of global financial services regulation. This course will begin with a basic review of the theory and practice of modern financial markets and proceed to review the causes of the current crisis. Among the legal causal factors that will be addressed are (1) inadequacy of risk assessment; (2) lack of transparency; (3) moral hazard in general and “too-big-to-fail” in particular; (4) structural flaws in the ratings industry leading to inaccurate or biased credit ratings on financial products; (5) problems in the credit default swap market; (6) flaws in the regulation of the capital structures of financial institutions (including Basel II); (7) corporate governance; and (8) the proper role of the government, if any, in securities design and in the design of the capital markets themselves. Particular attention will be paid to the relationship between the regulation and supervision of individual financial institutions and the regulation and supervision of systemic risks in global capital markets. Alternatives to the current global regulatory policy in which some financial institutions are deemed too big to fail also will be considered. Self-scheduled examination or paper option. J.R. Macey and G. Fleming

International Investment Law I (20396) 2 units. As foreign direct investment has increased as a function of globalization, so have disputes about investment. This seminar will examine the international law and procedure applied in the third-party resolution of international investment disputes and the critical policy issues that must now be addressed. Papers may qualify for Substantial Paper or Supervised Analytic Writing credit. Self-scheduled examination or paper option. W.M. Reisman and G. Aguilar-Alvarez

International Law and Foreign Affairs: Seminar (20545) 3 units. This course will begin with an overview of current legal debates in U.S. international lawmaking and foreign affairs. Students will then work on research topics selected by the instructor from among those presented to the group by congressional staff, attorneys in the Legal Adviser’s Office at the Department of State, or nonprofit groups working on issues relating to foreign affairs and international law. Some research projects may also be generated by the class itself after group discussion. Students will work both individually and in small groups to write reports on the selected topics and, where appropriate, produce proposals for reform. Students will also present the results of their research projects to the class and, where possible, to those outside the Law School who are directly involved in the debates. Enrollment limited to eight. O. Hathaway

Iraqi Refugee Assistance Project (20529) 3 units, credit/fail. This seminar and practicum will afford students working with the Iraqi Refugee Assistance Project an opportunity to examine the Middle East’s gravest humanitarian crisis in generations as well as broader issues in refugee law and policy. Class sessions will combine project rounds with a consideration of the development and content of the international refugee legal regime, United States policy toward refugees, and the particulars of the Iraqi refugee crisis. Guest lecturers will include practitioners and scholars in the field of refugee law. Permission of the instructor required. M. Wishnie

*Justice (20104)/PLSC 553a 4 units. An examination of contemporary theories, together with an effort to assess their practical implications. Authors this year will include Peter Singer, Richard Posner, John Rawls, Robert Nozick, Michael Walzer, Marian Young, and Roberto Unger. Topics: animal rights, the status of children and the principles of educational policy, the relation of market justice to distributive justice, the status of affirmative action. Self-scheduled examination or paper option. B. Ackerman

Juvenile Justice (20521) 3 units. This course will explore the jurisprudence, law, and practice of juvenile justice in the United States. Children have received special and separate treatment before the criminal law for centuries, but the juvenile justice system is a relatively modern institution that is little more than a century old. The culpability of children for criminal acts, unique criminal laws and procedures that govern the legal responses to children who break the law, and the societal responses of punishment and protection of adolescent offenders will be analyzed. Recent and significant changes in juvenile justice law and policy will be examined and analyzed, and located in the context of patterns and explanations of juvenile crime and the social construction of adolescence. In addition to analyses of jurisprudence, case law, and practice, the course also will examine contemporary controversies in juvenile justice and recent Supreme Court cases. Grades will be based on (1) student contributions in class, (2) student presentations in a series of capstone debates on contemporary issues in juvenile justice, (3) two memoranda on specific problems in juvenile law or juvenile justice policy, and (4) a take-home final examination. Enrollment limited to thirty-five. J. Fagan

Landlord/Tenant Law (20004) 3 units, credit/fail. Students in this clinical seminar will provide legal assistance, under the supervision of clinical faculty, to low-income tenants facing eviction in the New Haven Housing Court. Topics to be covered in discussions and class materials will include the substantive law of landlord-tenant relations, the Connecticut Rules of Practice and Procedure, ethical issues arising in the representation of clients, social and housing policy, and the development of lawyering skills, particularly in interviewing, litigation, negotiation, and mediation. Weekly class sessions and supervision sessions, plus eight to twelve hours per week of casework. Enrollment limited. F.X. Dineen and J.L. Pottenger, Jr.

Land Transactions (20024) 3 units. The construction, conveyancing, and financing of real estate are major aspects of the economy in the United States and are activities in which lawyers often are extensively involved. This course will cover legal aspects of land transactions, including mortgages and other means of real estate finance, mortgage insurance, the mortgage market, real estate broker agreements, real estate contracts of sale, construction agreements, the recording acts, title insurance, and Torrens Registration. It also will consider the impact of the current recession on the real estate mortgage market and recent efforts by government to revive and strengthen that market and to aid many of those adversely affected by the current recession in that market. Scheduled examination. Q. Johnstone

Land Use (20415) 3 units. This course will examine the array of devices, legal and nonlegal, that governments, developers, and opponents of development employ to influence the land development process. Attention will be given not only to zoning but also to such advanced topics as planning theory, environmental impact reports, homeowner associations, state land-use controls, and mechanisms for financing the urban infrastructure. The course is designed for students who have taken Property, but that course is not a prerequisite. Scheduled examination. R.C. Ellickson

Law and Corporate Codes of Conduct (20549) 2 units. This research seminar will focus on the impact of corporate social responsibility—and the development of codes of conduct—on legal practice and contract law. First, it will chart the evolution of codes of conduct, and seek to explain variation in the contents of codes, with respect to human rights. Second, it will examine how law firms of the most important transnational corporations (TNCs) have responded to the evolution of these codes. Research questions will include the following: Do TNCs write the human rights provisions of their code into the terms of contracts, for instance when they outsource production? If so, how do they intend to monitor and enforce compliance with the human rights components of the contract? Students will engage in original research, on their own and in teams. The class will meet once per week. Enrollment is limited; students who are interested in the intersection between human rights and corporate social responsibility are encouraged to apply directly to the instructor. Paper required. Permission of the instructor required. A. Stone Sweet

Law and Economics of Contracts I (20530)/ECON 276a 2 units. Parties engaging in economic exchange often organize their relationships through written contracts. This course will examine the design of these contracts and the body of law that governs and influences their economic efficiency. The principal focus will be a basic body of economic contract theory and the related law and economics literature that characterize certain efficiency properties of exchange through contracts. The course will not, however, give short shrift to legal institutions. The course will take institutions of contract law seriously, but operate on the premise that the careful study of contract theory exposes the basic intuitions behind the efficiency results of the law and economics literature and favors a more rigorous approach, in particular with respect to informational assumptions. A central topic of the course will be to study contractual solutions to the hold-up problem. Starting from seminal articles in the bilateral trade literature and the literature on breach remedies, the course will introduce students to the most recent developments of the field using a uniform notional apparatus. Students will be provided with handouts but are strongly encouraged to read the original articles. Prerequisite: basic calculus, intermediate microeconomics, or permission of the instructors. This course will follow the Yale College calendar. Scheduled examination. R.W. Brooks and A. Stremitzer

Law and Globalization (20200) 2 units. Among its myriad effects, climate change has caused ethicists to reconsider notions of responsibility, political theorists to challenge accounts of authority, economists to devise new methods of valuation, and lawyers to seek reinvention of regulation. The fall 2009 edition of this seminar will consider these and related developments through a focus on global environmental governance, its philosophical underpinnings, and its practical implementation. The seminar will host seven or eight scholars, each of whom will present recent work, or work-in-progress. On off-weeks, students will read and discuss texts selected by visitors in preparation for their visit. Students will be expected to write two- to three-page discussion papers on these preparatory texts. Students may take the seminar for credit more than once, and they may earn additional credit if they wish to produce a substantial paper. Paper required. Enrollment limited to twelve. A. Stone Sweet and D. Kysar

Law, Economics, and Organization (20036) 1 unit, credit/fail. This seminar will meet jointly with the Law, Economics, and Organization Workshop, an interdisciplinary faculty workshop that brings to Yale Law School scholars, generally from other universities, who present papers based on their current research. The topics will involve a broad range of issues of general legal and social science interest. Students registering for the seminar and participating in the workshop will receive one unit of ungraded credit per term. Neither Substantial Paper nor Supervised Analytic Writing credit will be available through the seminar. Short papers will be required during the term. R.W. Brooks and J.J. Donohue

[The] Law of War: Historical Perspectives (20497) 2 units. This seminar will pursue topics in the history of the law of war from the early modern period into the early twentieth century. Readings will include classic texts as well as secondary works on the history of warfare and on the regimes of international law that have sought to govern the use of force and the conduct of armed forces in war. Paper required. Enrollment limited to fifteen. J.Q. Whitman and J. Witt

*Lawyering Ethics Clinic (20114) 3 units, credit/fail. This is a clinical course in which students participate in the disciplinary process involving lawyers charged with violating ethical obligations to clients or other interested persons. The clinic’s goals are to help students understand the disciplinary process in Connecticut, and to think about how legal education should engage with the ethical issues facing lawyers. Under faculty supervision, students work with the Connecticut Office of Disciplinary Counsel, the body charged with prosecuting claims of lawyer misconduct, and are assigned to handle specific grievance cases. Students interview witnesses, collect documentary evidence, research legal issues, draft pretrial briefs, and examine witnesses and present closing arguments at the disciplinary hearing. Students may also be involved in negotiating disciplinary sanctions with the grieved lawyer. Enrollment limited to four. D.E. Curtis and F. Blando

Legal Assistance (20107) 3 units, credit/fail. A clinical seminar, using classroom, fieldwork, and simulation experiences in the general area of legal assistance for the poor. Students will work eight to twelve hours per week in a local legal aid office and will attend weekly classroom sessions. The seminar will be practice-oriented, moving from developing solutions for specific client problems to general discussions of landlord-tenant, consumer, domestic relations, welfare, and other legal subjects of special concern to the urban poor, as well as issues of broader social policy. The seminar will also focus on the development of professional responsibility and lawyering skills, such as interviewing, negotiating, counseling, drafting, and litigation. A few placements for criminal defense work in state court will also be available. Enrollment limited to eight. F.X. Dineen

Legal Practicum (20008) ½ unit, credit/fail. Each student enrolled in this independent writing seminar will be required to prepare a 5–15 page essay that reflectively evaluates how her or his experiences in legal employment or other practical professional training, acquired during the immediately prior summer recess, have influenced her or his understanding of the legal system, the legal profession, or other aspects of legal culture. Permission of instructor required. Deputy Dean

*Legal Profession: Traversing the Ethical Minefield (20522) 3 units. This course is designed to help fulfill a student’s professional obligations while also providing services to clients consistent with their ethical entitlements. Through the use of hypothetical problems grounded in the real world, the class will explore many of the challenging dilemmas that confront the conscientious lawyer who wants to conform his or her conduct to the applicable rules of professional conduct and other law governing lawyers. At the same time the course will consider whether the present rules of professional conduct properly address the issues with which the profession must grapple in striking delicate balances among the obligations of lawyers vis-à-vis clients, lawyers as officers of the court, and lawyers as citizens. Class attendance and participation is essential. Scheduled examination. Enrollment limited to sixty. L. Fox

Legal Services for Immigrant Communities (20531) 3 units, credit/fail. This clinic will fuse traditional civil legal services representation with collaborative, community-based strategies for solving community problems and empowering clients. The clinic will provide a broad range of legal services to the two largest immigrant communities in New Haven: the Spanish-speaking Latin American and Caribbean community, and the French-speaking West African community. The clinic will conduct outreach through Junta for Progressive Action, a nonprofit community organization in Fair Haven, as well as through other organizations in the different communities. The clinic will offer students the opportunity to represent immigrant clients in a wide range of cases, often including (but not limited to) immigration law, employment law, benefits, family law, mortgage foreclosures, landlord-tenant law, and consumer fraud. Although the clinic welcomes students fluent in Spanish or French, it is open to all and often works with translators. Interested students should indicate their level of proficiency in Spanish and French on the LSO ballot. Enrollment is by lottery, with language ability taken into account. Enrollment limited to eight. C.L. Lucht and S. Wizner

Legal Writing for Litigators (20532) 3 units. This seminar will train students to craft lean sentences and compelling documents. In addition to reading several of the most insightful legal-writing texts and articles, students will scrutinize judicial opinions and briefs to see how leading judges and practitioners construct their arguments. Students will also discuss extensively how to weave facts and authorities into their written work, and students will also consider how to use each court filing to advance a client’s overarching strategy. Students will prepare short assignments to train them to litigate effectively. Enrollment limited to twenty. N. Messing

Legislation (20066) 3 units. This course will provide an introduction to theories of the legislative process and their relation to the theory and doctrine of statutory interpretation. The course will begin with a case study of the Civil Rights Act of 1964, and that study is used to illustrate three paradigms of the legislative process. The course will then turn to theory and practice of statutory interpretation. Students will test the theories of statutory interpretation against theories of law and the legislative process. The course will analyze the doctrines associated with statutory interpretation in detail. One day of the week (Tuesdays) will be a lecture to the entire class; most Thursdays will see the class divided into two sections, meeting at separate times for class discussion. Self-scheduled examination. Enrollment limited to 120 (sixty in each section). W.N. Eskridge, Jr.

Legislative Advocacy Clinic (20352) 3 units, credit/fail. A two-term clinical seminar designed to give students an opportunity to participate in the state legislative and policy-making processes by advancing—and defending—the interests of Connecticut public interest organizations (including other LSO clinics and their clients). The seminar’s primary client (Connecticut Voices for Children) is a key player on a broad spectrum of policy issues. Recently the clinic has focused on public education, juvenile justice, health, and tax policy. The clinic’s work will include both affirmative legislative initiatives and defensive efforts to respond to proposed legislation deemed inimical to the interests of its clients. The clinic will also serve as a legislative liaison for other LSO clinics, keeping them informed of legislative developments affecting their clients’ interests. Issues of ethics and professional responsibility for lawyers working in the legislative arena will be an important focus of this clinic. In the fall term, students will participate in training sessions led by some of Connecticut’s most experienced lobbyists, meet with state legislators, and work with their client organizations to identify upcoming legislative issues. Once issues have been chosen for action, students will research the subject, work in coalition with other organizations, and meet with legislators. In the spring, students will meet with legislators to get their bills introduced, develop oral and written testimony in support thereof, identify other witnesses, shepherd their bills through the committee process, and work to get them adopted. During the legislative session, students will also monitor other proposed legislation that might affect the clinic’s clients. To allow all students to participate in both the training/issue development and direct action aspects of the clinic’s work, priority will be given to students who commence their participation in the fall term. Enrollment limited. J.L. Pottenger, Jr., S.D. Geballe, and C.C. Staples

Liman Public Interest Workshop: Imprisoned (20324) 1 unit, credit/fail. The United States incarcerates a remarkably large number of people. According to the 2008 Report from the Pew Center on the States, one in 100 American adults is behind bars. The number of people in jails or prisons has tripled since 1987, and the practice of incarceration does not affect all Americans the same—one in fifteen African American adult men are incarcerated. In the spring of 2009, members of Congress called for the creation of a National Criminal Justice Commission to review comprehensively the criminal justice system.

Participants in this workshop will explore the history of the use of imprisonment in the United States and rising concerns about costs and the need for reform. Sessions will address the processes of incarceration and the effects of incarceration and examine the demographics of imprisonment, including the disparate impact by race, gender, age, nationality, and ethnicity. The workshop will consider the legal frameworks governing challenges to prison conditions including large-scale litigation and the impact of federalism; particular aspects of conditions of confinement such as isolation in “supermax” facilities, density, overcrowding, and physical safety; health needs including drug treatment, risks of infections, mental health issues, and services for women and men; inmates’ opportunities to exercise various First Amendment rights from access to press and courts to religious practices; the concept and challenges of reentry; and the alternative modes of response to concerns about safety and welfare. The workshop will also turn from experiences of inmates to the effects of the large incarceration rate on communities—exploring what is seen as the benefits and costs, how facilities are funded, and what animates the privatization of prisons. Finally, the workshop will look comparatively at the practices of other countries and explore international human rights law regarding prison conditions.

Weekly readings will provide a background for discussions. Guest speakers will include Liman Fellows and other public interest advocates, scholars, and state and federal government officials. This workshop is intertwined with the Thirteenth Annual Liman Colloquium, to be held March 4–5, 2010, that will also address these topics. J. Resnik, H.R. Metcalf, and S.F. Russell

Local Government in Action: Workshop on Affirmative Litigation in the City of San Francisco (20498) 1 graded unit, with the option of additional units. This course will introduce students to local government lawyering. Working directly with attorneys from the Office of Affirmative Litigation in the San Francisco City Attorney’s Office, students will have an opportunity to brainstorm about potential projects, research the most promising ideas for lawsuits, and assist in filing a case. The course will address both theoretical issues (What roles should cities play in our democracy? Can cities further the public interest through litigation?) and practical ones (city-state relations, standing issues). The first part of the course will acquaint students with broader legal and policy issues associated with affirmative litigation. The students will then break into independent working groups organized by subject area (the working groups will be designed to accommodate student interests and preferences). Each working group will propose a potential lawsuit, conduct research, and present its ideas to the class and members of the City Attorney’s Office. Students new to the project in fall 2009 must commit to continuing the project in spring 2010 in order to receive graded credit. Permission of the instructors required. Paper required. H. Gerken and J. Habig

*Lowenstein International Human Rights Clinic (20188) 3 units, credit/fail. Students will work on a variety of human rights projects, generally in support of advocacy efforts of human rights organizations. Projects are designed to give students practical experience with the range of activities in which lawyers engage to promote respect for human rights; to help students build the knowledge and skills necessary to be effective human rights lawyers; and to integrate the theory and practice of human rights. Class sessions will provide an overview of basic human rights principles and their application and instruction in and development of human rights research and writing skills. The clinic will have one or more student directors. Enrollment limited to eighteen. Permission of the instructor required. J.J. Silk and E. Brundige

Medical Ethics and Law: The Role of Individual Choice (20097) 3 units. Safeguarding individual choice has become the normative centerpiece of ethical thinking about doctor-patient and researcher-subject relations. This course will explore psychological and practical realities that complicate, and may call into question, the application of this norm in both medical therapy and research. The course will consider the justifications for overriding the individual choice of mentally competent people who want physician assistance in terminating their lives; or who want access to drugs that have not been approved by federal agencies such as the Food and Drug Administration; or who want medical treatment notwithstanding their physicians’ data-based judgment that such treatment would be “futile”; or who want to participate in medical experiments deemed “excessively risky” by federal or state regulators; or who want to donate or sell their organs for transplantation. The course will also evaluate the ways that the individual choice norm has been extended to or withheld from individuals who have lost competence or who (because of mental impairment) had never been or (because they were infants or fetuses) had not yet become competent to decide for themselves. Self-scheduled examination or paper option. R.A. Burt

Neuroscience and the Law (20533) 2 or 3 units. Neuroscience has made substantial recent advances in identifying regions of the brain associated with different aspects of decision making and behavior. This seminar will examine the significance of this research for law. Topics will include the relevance of this work for explaining and predicting legal decision making; the use of it to improve the efficacy of regulation; the implications of it for criminal law; and the use of it to investigate crime and prove facts in litigation. Students may write weekly reaction papers for 2 units; with the permission of the instructors, students may write an additional longer paper, for Supervised Analytic Writing or Substantial Paper credit, for 3 units. Enrollment limited. D.M. Kahan and P. Huang

Nonprofit Organizations Clinic (20051)/MGT 695a 1 or 2 units, credit/fail. This clinical workshop will serve the needs of nonprofit organizations, nascent and established, that require help in the process of organization and incorporation, in obtaining tax exemption, and solving ongoing legal problems—organizations that cannot afford to retain private counsel. The class will meet as a group on six Fridays in each term. Students who take the clinic for 2 units and who attend two professional responsibility sessions will satisfy the professional responsibility requirement. J.G. Simon, L.N. Davis, and B.B. Lindsay

[The] Philosophy of the Rule of Law (20215) 1 or 2 units. Civil law is codified authority. Common law is a process producing precedents that in theory govern both public (governmental) and private (business) activity. This course will be devoted to exploring how this process (in the United States) obtains the authority to govern, which requires determining how power affects human relationships. The course will do this both by analyzing judicial decisions and by written exploration of legal and philosophical issues. J.G. Deutsch

[The] Political Economy of Migration (20534) 3 units. Most economic studies of migration—both international and internal—model the process as determined by differential wage rates and differential long-term income; transport and other dislocation costs; and the like. This seminar will review the most prominent of such studies, but then will address the extent to which differences in political regimes and political cultures affect migration, again both internationally and internally. Paper required. G.L. Priest

Problems in Evidence (20338) 2 or 3 units. This seminar will focus on the allocation of functions between judge and jury, the problem of expert and scientific evidence, evidentiary privileges, character evidence, and shortcuts to proof (such as judicial notice, presumptions, and burden of proof). The seminar will include a brief historical survey of the law of evidence and occasional forays into comparative systems of proof. The course in evidence is not a prerequisite. Scheduled examination or paper option. Enrollment capped at twenty-five. M.R. Damaška and S.B. Duke

Property (20207) 4 units. This course will inquire into a pervasive set of human institutions—the arrangements for getting, controlling, using, transferring, and forfeiting resources in the world around us. The course will begin by exploring what property regimes are and the range of purposes they might serve, and then move through the topics of acquisition, transfer, shared interests, and limitations on property. While the main focus will be property in land, the class will discuss the implications of property in other resources, such as wild animals, body parts, water, and information. The course will also examine recording and other notice-giving devices, interests in land over time, easements and deed restrictions, planned communities and “private government,” landlord-tenant relations, issues of differential wealth and civil rights, and public land-use regulation. Scheduled examination. T. Merrill

Proportionality in Constitutional Law (20535) 2 units. In many countries (e.g., Canada, Germany, Spain, Brazil, Israel), and under some international documents (e.g., the European Convention for the Protection of Human Rights and Fundamental Freedoms), the regular legislature can take action affecting constitutional rights that are part of the Bill of Rights, so long as such effect is proportional (that is, suitable and necessary to achieve legitimate government ends and properly balanced). This seminar will look into the concept of proportionality, its scope and its rationales, doing so on a comparative law basis. The seminar shall compare it with American jurisprudence, while trying to see whether constitutional rights are better protected by the American method of categorization or by a proportionality analysis. The seminar shall follow the development of proportionality in recent American constitutional law and evaluate its place in the constitutional scheme of things. This seminar will meet during the first half of the term. Scheduled examination or paper option. Enrollment limited. A. Barak

Prosecution Externship (20139) 2 or 3 units, credit/fail. Students in this clinical externship will assist state or federal prosecutors with their responsibilities, both before and at trial. Placements are available in New Haven and surrounding cities and in a variety of fields, including misdemeanors, felonies, or specialized areas such as career criminal, traffic, or appellate work. Weekly sessions will range from discussions of assigned readings to field trips to prisons, police laboratories, etc. Students will be required to keep journals and time records. Placements at the U.S. Attorney’s Office must be arranged at least four months in advance, to allow time for security clearance procedures. Applications and interviews for the State’s Attorney placements will take place during the first week of the term. Although enrollment is limited and permission of the instructor is required, timing and the involvement of outside agencies remove this clinic from the usual sign-up process for limited enrollment courses. J.L. Pottenger, Jr., and W.J. Nardini

Public Order of the World Community: A Contemporary International Law I (20040) 4 units. This introduction to contemporary international law will study the role of authority in the decision-making processes of the world community, at the constitutive level where international law is made and applied and where the indispensable institutions for making decisions are established and maintained, as well as in the various sectors of the public order that is established. Consideration will be given to formal as well as operational prescriptions and practice with regard to the participants in this system (states, intergovernmental and nongovernmental organizations, political parties, pressure groups, multinational enterprises, other private associations, private armies and gangs, and individuals); the formal and informal arenas of interaction; the allocation of control over and regulation of the resources of the planet; the protection of people and the regulation of nationality; and the allocation among states of jurisdiction to make and apply law. In contrast to more traditional approaches, which try to ignore the role of power in this system, that role will be candidly acknowledged, and the problems and opportunities it presents will be explored. Special attention will be given to (1) theory; (2) the establishment, transformation, and termination of actors; (3) control of access to and regulation of resources, including environmental prescriptions; and (4) nationality and human rights. Scheduled examination or paper option. W.M. Reisman

Regulating Sexuality: Legal and Psychological Perspectives (20379) 3 units. In 1973 the American Psychiatric Association removed homosexuality from its diagnostic designation as a mental disease. In 2003 the United States Supreme Court ruled that states could not treat same-sex sodomy as a criminal offense (reversing its 1986 decision constitutionally approving such treatment). How do we explain these changes? How do we understand the previous psychological and legal prescriptions? Do the changes arise from new psychological conceptions of anormality, of societal welfare, of morality? What are the proper institutional roles of professional organizations, constitutional courts, and popularly elected legislatures for recognizing these changes? The seminar will explore such questions at the intersection of legal and psychological perspectives in shaping the regulation of sexuality. In addition to same-sex relations, the seminar will address issues of gender identity, domestic violence, prostitution, and pornography. The seminar is open to law students and to candidates in psychoanalysis at the Western New England Institute for Psychoanalysis, and will be jointly taught by a law professor and psycho­analyst. Paper required. Enrollment limited to twenty. R.A. Burt and B. Marcus

Regulation and Institutional Design (20540) 3 units. This course will survey a number of basic questions concerning the design of regulatory institutions. Readings will include general materials related to the history, theoretical justifications for, and political economy of American regulation. The course will also look at a number of examples or case studies of particular regulatory programs designed to protect public health and safety, consumer welfare, the integrity of financial intermediaries, aesthetic and moral values, and so on. The ambition is to understand why various regulatory regimes take the form that they do and how those designs have performed in relation to their objectives. The course will also look at reform ideas to improve the performance of various regulatory institutions and cross-cutting regulatory techniques, such as cost-benefit and risk-benefit analysis, that have been made applicable to a broad range of regulatory activities.

Students will be required to write brief bi- or tri-weekly reaction papers commenting on the assigned readings and to submit a final paper expanding upon one of those reaction papers or discussing some other topic related to the course readings and discussion. These papers are in lieu of an exam and will not be considered for Substantial Paper or Supervised Analytic Writing credit. Students wishing to pursue their topics in greater depth should consider enrolling in the Administrative Law Research Seminar in the spring term. Paper required. J.L. Mashaw

[The] Role of a Judge in a Democratic Society (20500) 2 units. This research seminar will deal—on a comparative law basis—with the role of judges, mainly Supreme Court or Constitutional Court judges in a democracy. It will concentrate on their role to bridge the gap between law and society, and the role to protect the constitution and democracy. The seminar will consider if those are proper roles for judges. Are there more important roles? How do we understand democracy in this respect? The topics will also include analyzing proper tools used by judges to fulfill their role. Subjects that may be researched are interpretation; gap-filling; and the development of common law. Other topics that are relevant: balancing; quest of non-justiciability; and standing. One may also consider in this respect the place of jurisprudence in performing the role of a judge. Another subject is the way the judgment is articulated and drafted, including the question of minimalism and rhetorics. Other topics may relate to the role of the judge and his interrelationship with the legislative branch (dialogue; judicial review) and with the executive branch (deference). Also included are topics on the role of a judge in a democracy fighting terror. Students will meet individually with the professor during the term to discuss their papers. Paper required. Enrollment limited. A. Barak

Secured Transactions (20317) 3 units. This course will provide an in-depth examination of the basic structure and purposes of secured credit transactions under Article 9 of the Uniform Commercial Code. Discussions will focus on the essential elements of secured financing (including the creation and enforcement of security interests in various types of tangible and intangible property) as well as the longstanding debate over the essential utility and fairness of contractual security devices and the secured creditor’s priority. The course will also consider the treatment of security interests in bankruptcy proceedings; the rise (and fall) of securitizations as an alternative to traditional methods of secured lending; consignments; bailments; letters of credit; and a variety of other commercial law concepts. Prior courses in commercial transactions, corporate finance, and bankruptcy, although helpful, are not required. Relevant commercial concepts will be explained as they arise. Students should expect a lively discussion of a number of important issues of current and enduring significance in the study of commercial law. Self-scheduled examination or paper option. G.E. Brunstad, Jr.

Securities Regulation (20288) 4 units. A comprehensive examination of federal laws and regulations relating to the issuance of securities, fraud, insider trading, control transactions, brokers and dealers, investment companies, and private and public enforcement mechanisms. Scheduled examination. R.K. Winter

Sentencing (20345) 3 units. An examination of the history, philosophy, and administration of the criminal sentencing process. Particular attention will be devoted to (1) how judges, apart from guidelines, exercise discretion in light of the circumstances of crimes, discretionary decisions by prosecutors, characteristics of offenders, and choices among permissible sanctions and purposes of sentencing; and (2) whether, in the wake of guidelines, even “advisory” guidelines, and mandatory penalties, fact-finding judges may continue to individualize sentences and if so, how. The course will explore different kinds of sentencing regimes—state guideline systems, international models on which sentencing standards have evolved from common law decision making or judge-imposed guidelines (Australia, Israel, England), the American Law Institute’s revision of the Model Penal Code’s sentencing provisions, and the federal sentencing guidelines. The course will also explore the relationship between sentencing guidelines and the criminal code; the interplay between principles of proportionality, severity, and parsimony; and the impact of race, class, and gender on case outcomes. Paper required. Enrollment limited. D.E. Curtis and N. Gertner

Sexuality, Gender, and the Law (20536) 3 units. This course will explore the historical, comparative, statutory, constitutional, and theoretical dimensions of law’s regulation of sexuality and gender. Because sex, gender, and sexual orientation issues are at the cutting edge of privacy, equality, and free speech litigation in this and other countries, the course can be viewed as an advanced constitutional law course. The exploration of natural law, law and economics, feminist, and gay legal theory in many different contexts also gives this course a jurisprudential focus. Enrollment limited to seventy-five. Self-scheduled examination. W.N. Eskridge, Jr.

Specialized Legal Research in Foreign and International Law (20196) 1 unit, credit/fail. This course will explore the major sources of international law, the law of some of the largest inter-governmental organizations, and general methods for finding laws from nations other than the United States. Both print and online sources will be examined. Although several area perspectives will be included, much of the course will be taught from an American perspective and the course will concentrate on sources widely available in the United States. Assuming sufficient interest, particular research interests of the class may also be explored. A series of short assignments will be required. This course will meet for two hours per week in the second half of the term. No prerequisites. Minimum enrollment of four required. S.B. Kauffman, J.B. Nann, C. Tubbs, and T. Miguel

*Supreme Court Advocacy (20431) 4 units (2 fall, 2 spring). This course will furnish the opportunity to combine hands-on clinical work with seminar discussion of Supreme Court decision making and advocacy. It will begin with several sessions analyzing the Court as an institution, focusing on the practicalities of how the Court makes its decisions and how lawyers present their cases. Thereafter, students will work on a variety of actual cases before the Court, preparing petitions for certiorari and merits briefs. Students will work under the supervision of Yale faculty and experienced Supreme Court practitioners. The course will be a two-term offering and will satisfy the Substantial Paper requirement. The course demands a significant time investment that is not recommended for students with other time-intensive commitments. Enrollment limited to twelve. Permission of instructors required. L. Greenhouse, D.M. Kahan, T. Merrill, A. Pincus, C. Rothfeld, and S. Shuchart

Terrorism: Comparative Law and Human Rights (20537) 2 units. September 11, 2001 marked the beginning of a new era of law, not just in the United States, but also in countries around the world. The new legal framework for fighting terrorism was coordinated internationally through the United Nations Security Council working with regional bodies, and was adopted in countries ranging from Afghanistan to Vietnam. This seminar will examine this new legal framework and the way it has put pressures on the international human rights system as well as on domestic constitutional law in many countries. The seminar will examine American law as part of the mix, but most of the course will explore different domestic legal systems and their interactions with international law. Students will be asked to “adopt” a particular country and to learn more about its terrorism laws as part of the course. Students must write four reaction papers during the term. In addition, students may substitute a Substantial Paper for the self-scheduled examination. Enrollment limited to twenty. Self-scheduled examination or paper option. K.L. Scheppele

Topics in Labor and Employment Law (20116) 3 units (1 unit per term, with an additional unit for the required paper). This seminar will meet during both fall and spring terms and will focus on leading legal scholarship in the fields of labor and employment law. The seminar will also cover recent cases of substantial importance. Paper required. Enrollment limited. C. Jolls

Trusts and Estates (20096) 4 units. The course will consider the transmission of property by gift during life and at death in the context of existing and alternative policy; the structures that have traditionally accommodated transfers of this kind, including particularly wills, trusts, and their substitutes; the opportunity to fashion new structures for these transfers; control over transmitted property through multiple generations; public supervision of property transfers at death; federal and state taxation of gratuitous transfers; planning to avoid taxation; drafting to implement planning; and “neutral principles” in attorney-client communications concerning competing interests, including particularly beneficiary autonomy versus beneficiary protection, the inclination to retain property versus the desire to avoid taxation, and the insistence on certainty versus the aversion to complexity. Scheduled examination. S. Fast

Urban Legal History: New Haven (20264) 3 units. Under what conditions do residents of a city succeed in cooperating to mutual advantage? This seminar will explore this question by focusing on the physical development of New Haven from 1638 to the present. Readings and class sessions will address, among other topics, the initial Nine Squares layout and colonial land allotments; the dynamics of land subdivision and private development (such as the Hillhouse Subdivision); land assembly by Yale and others; the street network, the Green, and other public lands; such public works as the Farmington Canal, the planting of elm trees, and the interstate highways; and evolving controls on building quality and land use. Special attention will be given to New Haven’s nationally conspicuous efforts, since 1940, to provide public housing, renew neighborhoods, and nurture a nonprofit housing sector. Paper required. Enrollment limited to sixteen, with preference given to students entering their second year. R.C. Ellickson

Worker and Immigrant Rights Advocacy Clinic (20465) and Fieldwork (20468)  2 units, credit/fail, with a graded option, for each part (4 units total). Open only to students who took the first half of WIRAC in spring 2009. The clinic and fieldwork must be taken simultaneously in both terms. Permission of the instructor required. M. Wishnie

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Spring Term

Advanced Courses

Courses marked with an asterisk (*) satisfy the legal ethics/professional responsibility requirement.

Access to Knowledge Practicum (21264) 2 or 3 units. Students in this course will work on projects that promote innovation and distributive justice through the reform of intellectual property and telecommunications laws, treaties, and policies both internationally and in specific countries. These laws, treaties, and policies shape the delivery of health care services, technology, telecommunications access, education, and culture around the globe. Students will supplement projects with theoretical readings and frequent contact with Information Society Project Fellows. Permission of the instructors required. Enrollment limited to ten. L. DeNardis and L. Shaver

Administrative Law (21048) 4 units. This course will review the legal and practical foundations of the modern administrative state. Topics will include the creation of administrative agencies and the non-delegation doctrine, the internal process of adjudication and rule making in administrative agencies, judicial review of administrative action, the organization of the executive branch, liability for official misconduct, and beneficiary enforcement of public law. Scheduled examination. T. Merrill

Administrative Law (21601) 4 units. This course will review the legal and practical foundations of the modern administrative state. Topics will include the creation of administrative agencies and the non-delegation doctrine, the internal process of adjudication and rulemaking in administrative agencies, judicial review of administrative action, the organization of the executive branch, liability for official misconduct, and beneficiary enforcement of public law. This section is open only to first-year and graduate students. Self-scheduled examination. J.L. Mashaw

Administrative Law Research Seminar (21512) 2 or 3 units. This seminar is designed to provide close supervision and feedback in a workshop format for students doing research papers in areas of administrative law and regulation. The first few weeks will be spent discussing several of the instructor’s recent articles that explore the origins of American administrative law. The last four weeks will be devoted to workshop presentation and critique of student papers. Students will meet with the instructor biweekly to discuss their works-in-progress. Paper topics and research plans must be approved by the fourth week of term. Preference on admission to the seminar will be given to students with an approved topic prior to the first class. Interested students are invited to discuss potential topics with the instructor during the fall term. Paper required. Enrollment limited to twelve. J.L. Mashaw

Admiralty Law (21613) 3 units. Admiralty is a unique area of federal jurisdiction with roots that predate the Constitution and constitutes a rare but important exercise in federal common law. The field is of heightened contemporary interest given such current developments as the upsurge in piracy in the Indian Ocean, deep-sea treasure hunting and mining, and the struggle to protect the marine environment. The course will explore the history, parameters, and current practice of admiralty jurisdiction and will include such topics as marine pollution, limitation of liability, collision, salvage, pilotage, vessel documentation and nationality, federal regulation of merchant mariners, and the law of naval prizes. Enrollment limited to twenty. Examination or paper option. E.R. Fidell

Advanced Advocacy for Children and Youth (21513) 1 to 3 units, credit/fail, with a graded option. Open only to students who have completed Advocacy for Children and Youth. Permission of the instructor required. J.K. Peters

Advanced Antitrust (21602) 3 units. This seminar will consider several issues in the law and economics of antitrust. The seminar shall treat the selected topics in greater depth than the survey approach of the basic antitrust course permits. Selections will be made from the following subjects: horizontal agreements, mergers, monopolization, and vertical arrangements. The objective will be to evaluate competing theories of antitrust law and enforcement in the areas studied. The required paper must be completed by the end of the spring term. Prerequisite: Antitrust or permission of the instructor. Paper required, and it must be completed by the end of the spring term. Enrollment limited to twenty. A.K. Klevorick

Advanced Domestic Violence Clinic (21560) 1 to 3 units, credit/fail. Open only to students who have completed the Domestic Violence Clinic. Permission of instructor required. R.A. Solomon

Advanced Immigration Legal Services (21168) 1 to 3 units, credit/fail, with a graded option. Open only to students who have completed Immigration Legal Services. Permission of an instructor required. C.L. Lucht, J.K. Peters, and S. Wizner

Advanced Landlord/Tenant Legal Services (21337) 1 to 3 units, credit/fail, with a graded option. Open only to students who have completed the Landlord/Tenant Legal Services clinic. Permission of the instructors required. F.X. Dineen and J.L. Pottenger, Jr.

Advanced Legal Research: Methods and Sources (21027) 3 units. An advanced exploration of the specialized methods and sources of legal research in some of the following areas: administrative law; case finding; computer-assisted research; constitutional law and history; court rules and practice materials; international law; legislative history; and statutory research. Class sessions will integrate the use of online, print, and other research sources. Notebook computer recommended. Research problems and paper required. S.B. Kauffman, R.D. Harrison, J.B. Nann, and C. Tubbs

Advanced Legal Writing (21343) 3 units. This course will provide practice in writing legal memoranda and briefs. Students will have the opportunity to refine their analytical as well as their writing skills. The goal of the course will be to take students beyond basic competence to excellence in legal writing. Enrollment limited to ten. R.D. Harrison

Advanced Seminar on Immigration Law and Policy (21615) 2 units. This advanced seminar is for students with a solid grounding in immigration law and relevant constitutional principles. The seminar will explore a limited number of legal, policy, and legislative issues in depth. The focus is likely to be on questions presented by congressional consideration of “comprehensive immigration reform” legislation expected to be active in the spring. If focusing on legislation is not timely or appropriate, the class will address other topics that may include the right to appointed counsel in immigration proceedings, the trend toward criminal prosecution of immigration violators, and similar questions. Assuming the legislative reform process is under way, the seminar will examine major policy disputes, the important legal or constitutional principles underlying them, the economic, demographic, and other data that inform divergent views, and the competing values of key protagonists. Questions of legislative drafting and statutory analysis are likely to arise, and political dynamics will be discussed. If new legislation is enacted during the term, the course will also dissect some of the important implementation questions that can be anticipated. Guest speakers will be invited to address areas of expertise. Students should expect to pick an issue for in-depth analysis and presentation. Permission of the instructor required. Enrollment limited. L. Guttentag

Advanced Topics in Jurisprudence (21386) 3 units. This seminar will examine the contemporary debate between legal positivists and natural lawyers. Questions explored will include: Does the positivist insistence on grounding legal rights and obligations in social fact alone commit the fallacy of deriving an “Ought” from an “Is”? Can legal reasoning be divorced from moral reasoning? Is the Rule of Law a moral ideal and, if so, is it part of the concept of law? Is it possible for a morally wicked regime to have a legal system? Authors discussed will include Ronald Dworkin, John Finnis, Lon Fuller, Leslie Green, H.L.A. Hart, Joseph Raz, and Jeremy Waldron. Enrollment limited. J.L. Coleman and S. Shapiro

Advanced Torts: Seminar (21603) 2 units. This seminar will examine advanced topics in the field of civil liability for injuries to persons and property. Selected subjects may include products liability, toxic and environmental torts, defamation and invasion of privacy, fraud and misrepresentation, commercial torts, class action practice, and alternative compensation schemes. Class participation, oral presentation, and research paper required. Students must have completed the first-year Torts course or have comparable prior exposure to the field. Paper required. Enrollment limited to sixteen. D. Kysar

*Advocacy for Children and Youth (21387) 3 units, credit/fail. Students in this clinical seminar will represent children and youth who are abused, neglected, uncared for, or in cases that potentially involve termination of parental rights, in the Superior Court for Juvenile Matters and certain related matters. Class sessions will focus on substantive law, ethical issues arising from the representation of children and youth in the relevant contexts, interviewing and lawyering competencies, case discussions, and background materials relating to state intervention into the family. Class will meet weekly with occasional supplemental sessions to be arranged. Additionally, students will attend weekly case supervision sessions. Casework will require, on average, ten to twelve hours weekly, but time demands will fluctuate over the course of the term; class time will be concentrated in the first half of the term. Enrollment limited to four. J.K. Peters

American Legal History (21063) 3 units. This course will focus on the transformation of American law from the colonial period through the twentieth century. The first part of the course will analyze how the imperial structure of the British Empire and the expansion of the Atlantic economy led to the emergence of American federalism, the creation of the American law of slavery, and the reform of property and inheritance law. It will also examine the economic context of the framing of the Constitution, the legal foundations of emerging capitalism and the entrenchment of slavery. The second part of the course will focus on developments from the mid-nineteenth century to the mid-twentieth, in particular: the struggle over the meaning of “free labor” and the labor contract, including the antislavery movement and the Civil War, the legal and economic status of freedmen, the regulation of unions, and workplace injuries; the rise of the corporate economy, especially the transformation of the business corporation from an arm of the state into a nexus of private contracts, as well as the surge in more intangible and socialized forms of property; reforms of family law as to the control of property and earnings, procedures for separation, and the status of children; and the emergence of the modern administrative state, covering a range of subjects from the advent of public police forces to the rise of expert regulatory commissions. Self-scheduled examination or paper option. N. Parrillo and C. Priest

Anatomy of the Financial Crisis (21592) 2 units. The course will examine the many aspects of the current financial crisis, from the financial products at the center of it, to the regulatory regime that governed the financial sector, to the role of the media and corporate governance, to the investigations and litigation that will ensue in the wake of the crisis. Enrollment limited to twenty. Permission of the instructor required. Self-scheduled examination. M. Solender

Antitrust (21068) 4 units. This course will survey the law and economics of antitrust, including horizontal agreements, monopolization, and vertical arrangements. The course will presume students have no training in economics, but it will aspire to remain of interest to students with substantial economics backgrounds. Self-scheduled examination or paper option. G.L. Priest

Bankruptcy (21204) 3 units. The liquidation and reorganization of insolvent estates under the Federal Bankruptcy Code. Scheduled examination. A.T. Kronman

[The] Book of Job and Injustice: Seminar (21123) 3 units. The Book of Job is a template for thinking about the unjustifiable sufferings inflicted during this past destructive century. The Nazi Holocaust, for example, provokes the same questions that Job posed: “Where was God that this was permitted to occur?” “What justice is there in the universe that this could occur?” “In the face of this occurrence, how, if at all, can belief in the ideal of justice based on faith in the goodness of the universe be rekindled?” The seminar will consider such questions in three principal ways: by a close study of the perspectives offered in the Book of Job; by a comparison of the conceptions of justice and the possibility of its vindication treated elsewhere in the Bible; and by exploration of the ways that secular institutions have tried to assert norms of justice in response to such shattering events. Paper required. Enrollment limited to twenty. R.A. Burt and J.E. Ponet

Business Organizations (21040) 4 units. This course will provide an introduction to the law that governs business organizations. The course begins with the law of agency and fiduciary duties, which provides the backdrop for discussion of partnerships and then corporations. After exploring partnerships, the course will move on to the large, publicly traded corporation. The course will explore limited liability, the ultra vires doctrine, and problems of incorporation, which when taken together might loosely be considered “the corporation and its dealings with outsiders.” Then the course will explore board structure, shareholder voting rules, the fiduciary duties of managers, corporate control transactions (including takeovers), and the basics of securities exchange market integrity, which when taken together might loosely be considered “the corporation and the regulation of insiders.” The class will be designed to provide students with a foundation in the common law and state statutory systems that regulate business organizations as well as the important issues of policy that surround this regulation. The course will be particularly appropriate for students who intend to take related classes, such as securities regulation, corporate finance, corporate tax, and more specialized offerings. However, students interested in only basic understanding of business organizations ought not be discouraged as the course will focus primarily on fundamentals. Self-scheduled examination. R.W. Brooks

*Capital Markets and Financial Instruments Regulation Clinic (21544) 3 units. The purpose of this course will be to introduce students to public policy debates in the regulatory context. The course will endeavor to apply public choice theory and modern theories in corporate finance to debates about the content of regulation and public policy. In this class, students and faculty will work collaboratively to generate actual comment letters as well as publishable academic research regarding proposed regulation by such institutions as the SEC, the Fed, the FDA, the Comptroller of the Currency, and others. In formulating policy statements, students will be encouraged to be cognizant of the value of markets and the need to improve the quality of public decision making in areas related to the regulation of corporate governance and capital markets. Paper required. J.R. Macey and A. Schwartz

Capital Punishment Clinic (21082) 6 units (3 fall, 3 spring), credit/fail. Students who have taken the clinic in the fall term will continue to work with members of the Capital Trial Unit of the Connecticut Public Defender Office in representing people facing the death penalty. Enrollment limited to eight. Permission of the instructor required. S.B. Bright

Capital Punishment: Race, Poverty, and Disadvantage (21426) 3 units, graded, with a credit/fail option. This course will examine issues of poverty and race in the criminal justice system, particularly with regard to the imposition of the death penalty. Topics will include the right to counsel for people who cannot afford lawyers, racial discrimination, prosecutorial discretion, judicial independence, and mental health issues. Paper required. Permission of the instructor required. Enrollment limited to thirty-five. S.B. Bright

Capitalism Film Society (21597) 2 units, credit/fail. Each week this class will review a film that deals with capitalism. Discussion will be held following the film. Each student will be required to submit a one-to-two page response paper discussing each film. G.L. Priest

Commercial Transactions (21070) 3 units. This course will offer a survey of the law of commercial transactions excluding secured credit transactions under Article 9 of the Uniform Commercial Code (which is a separate course). Discussions will focus on the examination of Article 2 of the Uniform Commercial Code (sales), Article 3 (commercial paper), and Articles 4 and 4A (bank deposits, collections, and funds transfers). The course will cover basic transactional structures, as well as issues arising in a number of commercial contexts, including franchise arrangements, mergers and acquisitions, and consumer transactions. Prior courses in secured transactions, corporate finance, and bankruptcy, although helpful, are not required. Relevant commercial concepts will be explained as they arise. It is recommended (but not required) that this course be taken prior to the course on secured transactions or the course on bankruptcy. Students should expect a lively discussion of a number of important issues of current and enduring significance in the study of commercial law. Self-scheduled examination or paper option. G.E. Brunstad, Jr.

*Community and Economic Development (21016) 3 units, credit/fail. This multidisciplinary clinic focuses on issues of neighborhood revitalization, low-income housing, financial access and financial inclusion as they relate to poverty alleviation and economic development. In addition to law students, the clinic is open to students from the Schools of Management, Divinity, Forestry & Environmental Studies, Public Health, and Architecture with prior approval from a faculty member. Under the supervision of faculty and practicing members of the bar, participants will work on behalf of nonprofit organizations, the City of New Haven, small businesses, and a local community development bank in the New Haven area. The clinic will emphasize a non-adversarial, transactional approach to problem solving for major issues facing a low-income urban area such as affordable housing, business development, access to affordable financial services and subprime lending. As part of the mortgage foreclosure project, some students will be doing litigation. Participants will research legal issues, facilitate negotiations, draft contracts, incorporate organizations, complete loan and grant applications, develop financial analyses, and in general provide legal, policy, business, and strategy advice to clients. Students will examine both private and public sector, as well as hybrid approaches to development issues. Class topics will include real estate finance, low-income housing policy, banking law, discrimination in lending, community development corporations and financial institutions, professional responsibility, urban planning, economic policy, and predatory and subprime lending. Enrollment limited to eighteen. R.A. Solomon, R. Golden, S.M. Hudspeth, C.F. Muckenfuss, L. Nadel, and C. Stone

Comparative Law (21044) 4 units. An introduction to the comparative study of different legal systems. The course will focus primarily on differences between the ways that law and order are maintained, and justice pursued, in the United States, on the one hand, and in Germany and France, on the other. There will also be some attention to some non-Western traditions, such as those of China, Japan, and Islam. The overarching aim of the course will be to explore the extent to which differences in legal doctrine and legal practice reflect larger differences in social structure. With that aim in mind, the course will explore a variety of issues, among them differences in the French, German, and American concepts of “human dignity” and its protection; differences in civil and criminal procedure; differences in punishment practice; differences in the maintenance of everyday order in the streets; differences in the law of consumer protection; differences in welfare and unemployment law; and differences in the structure and regulation of business and banking enterprises. It is hoped that students will come away from the course both with some knowledge of foreign law and with a heightened sensitivity to some of the ways in which foreign societies can differ from our own. Self-scheduled examination or paper option. J.Q. Whitman

[The] Constitution: Philosophy, History, and Law (21046)/PLSC 842b 4 units. An inquiry into the foundations of the American Constitution, at its founding and at critical moments in its historical transformation—most notably in response to the Civil War, the Great Depression, and the Civil Rights Movement. Philosophically speaking, do we still live under the Constitution founded by the Federalists, or are we inhabitants of the Second or Third or Nth Republic? Institutionally, in what ways are the patterns of modern American government similar to, and different from, those in post-Revolutionary (1787–1860) and post-Civil War (1868–1932) America? Legally, what is or was the role of constitutional law in the organization of each of these historical regimes? Through asking and answering these questions, the course will try to gain a critical perspective on the effort by the present Supreme Court to create a new constitutional regime for the twenty-first century. Self-scheduled examination or paper option. B. Ackerman

Constitutional Litigation Seminar (21345) 2 units. Federal constitutional adjudication from the vantage of the litigator with an emphasis on Circuit and Supreme Court practice and procedural problems, including jurisdiction, justiciability, exhaustion of remedies, immunities, abstention, and comity. Specific substantive questions of constitutional law currently before the Supreme Court are considered as well. Students will each argue two cases taken from the Supreme Court docket and will write one brief, which may be from that docket, but will likely come from the Second Circuit. Students will also join the faculty members on the bench and will, from time to time, be asked to make brief arguments on very short notice on issues raised in the class. Enrollment limited to twelve. G. Calabresi and J.M. Walker, Jr.

Corporate Governance: Seminar (21614) 3 units. This seminar will examine the idea of corporate governance in the large, publicly held corporation. The purpose of corporate governance is to control corporate deviance. As a practical matter, corporate governance is effectuated by a number of public and private institutions and mechanisms. These corporate governance devices consist of a variety of government institutions, like states and the Securities and Exchange Commission, as well as market mechanisms such as the market for corporate control, and social devices, including societal norms and whistleblowing. While these various institutions and mechanisms of corporate governance vary enormously in terms of their organizational forms and existential motivations, they share the common characteristic of contributing to the control of agency costs faced by investors in public companies. Each week the course will consider one or more of the following topics: (1) What is Corporate Governance and What is it Supposed to Accomplish?; (2) Institutions and Mechanisms of Corporate Governance; (3) Political Theories of Corporate Law; (4) The Production of Legal Rules at the State Level; (5) The Securities and Exchange Commission; (6) The Organized Stock Exchanges; (7) Boards of Directors; (8) The Market for Corporate Control; (9) The Accounting Rules and the Accounting Industry; (10) Insider Trading, Short Selling, and Whistleblowing; (11) Shareholder Voting; (12) Credit Rating Agencies; (13) Stock Market Analysts. Students will be required to write one shorter paper, which must be turned in during the term, and one longer paper due by the end of the term on topics related to corporate governance. The shorter paper will be the basis for an in-class presentation which each student will be expected to make on the subject of the readings for a particular week. The shorter paper will be due prior to the in-class presentation. Paper required. J.R. Macey

Corporate Taxation (21524) 3 units. The course will focus on the reasons why the corporate tax rules are what they are—cases, transactions, legislative history—rather than the specific rules. This will involve examining concepts. A principal concept will be that of ownership: who has a claim to ownership of a corporation’s assets (stock), which carries with it income and deductions; and who has a claim against those assets (debt), which does not. And when and why.

Topics will include (1) why exchanges incident to the organization or merger of a corporation do not result in income despite significant economic changes in investment, such as the transfer of a grocery store for Procter & Gamble stock; (2) why distribution of corporate assets should be considered a sale or dividend; and (3) the overlap between the concept of a corporate liquidation (when it disappears for tax purposes) and reorganization (when it continues). Finally, emphasis on the meaning of words connotes a concept in one area should have the same meaning in another. Using concepts consistently in different contexts and seeing connections are essential skills of a tax lawyer. Scheduled examination. C. Kingson

Criminal Defense Project (21590) 3 units, credit/fail. This clinical offering will allow students the opportunity to participate in the defense of felony cases, with training and fieldwork supervision provided by clinical faculty and experienced trial attorneys from the New Haven Judicial District Public Defenders office. Students will receive skills training in a two-hour weekly seminar which will address topics such as the right to counsel and client interviews, pretrial investigation and discovery, motions practice, crime scene and physical evidence viewing, working with forensic experts, trial/hearing preparation, jury selection, witness examination, framing a defense theory of the case, confronting the prosecution’s evidence, presenting the defense’s evidence, and presenting closing argument. Cases will be selected in an attempt to provide students with a broad exposure to defense practice as well as a meaningful opportunity to participate in a litigation event. A yearlong commitment for this clinic will likely be required (with students continuing after the clinic in the fall term). Enrollment limited. Permission of the instructor required. D. Curtis, S.F. Russell, and T. Ullman

Criminal Law and Administration (21525) 3 units. This course will relate the general doctrines of criminal liability to the moral and social problems of crime. The definitions of crimes against the person and against property (as they are at present and as they might be) are considered in the light of the purposes of punishment and of the role of the criminal justice system, including police and correctional agencies, in influencing behavior and protecting the community. Scheduled examination. D.M. Kahan

Criminal Procedure: Pretrial and Trial (21217) 3 units. This course will cover the law regulating interrogation of suspects, witnesses, and defendants; bail; preliminary hearings; grand jury proceedings; the right to effective assistance of counsel; the right to trial by jury; discovery; guilty pleas; various trial procedures; and double jeopardy. Little attention is paid to the Fourth Amendment. Scheduled examination. S.B. Duke

Criminal Procedure: Research Seminar (21398) 2 or 3 units. Students will do research and writing on a topic in criminal procedure to be selected by agreement with the instructor, with the goal of producing a publishable article. Substantial Paper and Supervised Analytic Writing credit available. Not ordinarily open to third-year students. Paper required. Enrollment limited to eight. S.B. Duke

Drug Law and Policy (21605) 3 units. The control and regulation of drug use has been a recurring legal and social problem both in the U.S. and across the world. Beginning with widespread alcohol abuse in colonial New York and continuing into the post-Civil War era, through the opium dens of the nineteenth century, and continuing in the contemporary heroin, cocaine, and synthetic drug trends of the late twentieth century, the control of intoxicants has engendered important social experiments such as the Harrison and Volstead Acts, several recurring “wars on drugs,” widespread drug testing, the accretion of power to police and prosecutors, and a significant expansion of incarceration. Contemporary drug policy has raised significant constitutional issues, including landmark Fourth (search and seizure), Fourteenth (racial profiling), and Eighth (penal proportionality) Amendment decisions. Issues of race, gender, public health, crime, political economy, and bioethics also intersect with drug law and policy. In the international arena, American drug policy often conflicts with law, culture, and social norms in both Western and developing countries. In the U.S., attempts to integrate medical and legal controls have produced unique jurisprudence and institutional arrangements to reconcile competing normative strains. This course will examine the social and historical processes of the construction of drug use and drug “problems,” survey the phenomena of drug and alcohol use, assess the legal and social theories underlying efforts to reduce drug abuse, and analyze law, jurisprudence, and policies to control drugs’ use and curtail illegal markets to distribute them. Comparative analyses will locate American drug control regimes in the broader context of international norms to reduce and control the harmful effects of drug abuse. Current policy alternatives will be critically examined. Grades will be based on (1) contributions in class, (2) presentations in a series of capstone debates on contemporary issues in drug law and policy, (3) two memoranda on specific problems in drug control and drug policy, and (4) a take-home final examination. Enrollment limited to thirty-five. J. Fagan

*[The] Education Adequacy Project (21470) 3 units, credit/fail. This clinical course will focus on a single litigation against the State of Connecticut, representing the Connecticut Coalition for Justice in Education Funding (CCJEF) and fifteen children and parents alleging constitutional deficiencies in state-provided education. This unique litigation is the first-ever clinic-led school finance litigation, and provides a diverse array of litigation, policy, and client work. CCJEF is a broad coalition made up of municipalities, school boards, unions, nonprofit organizations, parent-teacher organizations, and other interested individuals and groups. Through litigation and advocacy, CCJEF seeks to reform Connecticut’s public school finance system by substantially increasing funding and accountability such that all children are provided an adequate and substantially educational opportunity. The Education Adequacy Project serves as lead counsel on the litigation (CCJEF v. Rell) and will meet on a weekly basis to review the progress of the students as well as to discuss the substantive issues involved in CCJEF’s case and the theoretical issues involved in the adequacy movement. Students interested in participating in the Project should submit a brief statement of interest that discusses any pertinent experience that the student may bring to the Project, willingness to continue with the Project for more than one term if needed, and any other related information. Enrollment limited to fifteen. R.A. Solomon, R. Golden, A. Knopp, D. Rosen, and M. Weisman

Empirical Law and Economics (21527) 4 units. The goal of this course will be to develop an understanding of the major tools of statistics and econometrics that are used to empirically investigate causal claims about law and public policy. Through a careful examination of some of the major empirical debates in the area of criminal law and criminal justice policy, the course will hope to convey a sense of the difficulties of establishing causal relationships and the attendant uncertainty associated with econometric evaluation of complex social phenomena. The goal is to develop both substantive understanding of particular academic debates and the ability to evaluate other empirical debates. Open to any law student who has not yet taken an Empirical Law and Economics course from the instructor. Students will be asked to write short reaction papers on the course reading assignments. Depending on class size, students will either write a paper or take a final take-home examination (write a “referee report” on an assigned empirical paper). J.J. Donohue

Environmental Law and Policy (21033)/F&ES 85033b 3 units. Introduction to the legal requirements and policy underpinnings of the basic U.S. environmental laws, including the Clean Water Act, Clean Air Act, and various statutes governing waste, food safety, and toxic substances. This course will examine and evaluate current approaches to pollution control and resource management as well as the “next generation” of regulatory strategies, including economic incentives and other market mechanisms, voluntary emissions reductions, and information disclosure requirements. Mechanisms for addressing environmental issues at the local, regional, and global levels will also be considered. This course will follow the F&ES calendar. Scheduled examination. D.C. Esty

Environmental Protection Clinic (21321)/F&ES 80034b 3 units, credit/fail. A clinical seminar in which students will be engaged with actual environmental law or policy problems on behalf of client organizations (environmental groups, government agencies, international bodies, etc.). The class will meet weekly, and students will work eight to ten hours per week in interdisciplinary groups (with students from the School of Forestry & Environmental Studies and other departments or schools at Yale) on projects with a specific legal or policy product (e.g., draft legislation or regulations, hearing testimony, analytic studies, policy proposals) to be produced by the end of the term. Students may propose projects and client organizations, subject to approval by the instructors. Enrollment limited to twelve. D.S. Bryk and K. Kennedy

Family Law (21482) 3 units. This course will address laws and legal policies relating to constitutional privacy, marriage and divorce, civil unions, child custody, the parent-child relationship, intimacy and sexuality, reproductive technologies, and other areas as time permits. The interplay between the State, family, and market, and the formation of personal identity in and through these arenas, will be explored throughout the course. Issues of gender, race, sexuality, and class will arise in many of the areas we study over the course of the term. Enrollment capped at forty. Scheduled examination. V. Schultz

Federal Courts in a Federal System (21124) 4 units. The “Federal Courts” play a central role in today’s political debates, just as the federal courts as a branch of the national government are an important component of the constitutional political system in the United States. The past decades have been complex and fascinating ones for anyone interested in the federal courts. The class will focus on these courts as it examines the allocation of authority among the branches of the federal government and the relationships among state, federal, and tribal governments within the United States. Questions of the meaning of national and of state “sovereignty” lace the materials. Beneath the sometimes dry discussions of jurisdictional rules and doctrines of comity lie conflicts about such issues as race, religion, the beginning and end of life, abortion, Indian tribal rights, and gender equality. In additional to considering the political and historical context of the doctrinal developments, the class will examine the institutional structures that have evolved in the federal courts, as well as current questions about the size and shape of the federal courts, the allocation of work among state, tribal, and federal courts and among the different kinds of federal judges now in the federal system, as well as the effects of social and demographic categories on the processes of federal adjudication. The class will also occasionally consider concepts of federalism comparatively. Class participation will be part of the final grade. No credit/fail option. Self-scheduled examination. J. Resnik

Federal Criminal Prosecution (21504) 3 units. This course will address legal, ethical, and strategic considerations in the prosecution of federal crimes from both the prosecutorial and the defense perspectives. Major themes of the course are the role of federal prosecution in our constitutional system, the exercise of discretion both in investigations and in charging and plea agreements, and the differing perspectives of officials in the Justice Department in Washington, D.C., and prosecutors in United States Attorneys’ Offices. Specific topics to be addressed include the various investigatory tools of a federal prosecutor, both overt (interviews, grand jury subpoenas, search warrants, immunity orders) and covert (wiretaps, bugs, pen registers, clone beepers and faxes, video and physical surveillance, informants, undercover operations); special attention will be given to the use of cooperating witnesses, the increased enforcement emphasis on white-collar crime, the impact of recent anti-terrorism legislation, and the significance of mandatory minimum sentences and the Sentencing Guidelines. The class will also analyze the role of a criminal defense lawyer in investigations and in negotiations with prosecutorial authorities, including issues involving assertions of privilege, joint-defense agreements, multiple representation, witness interviews, document gathering, organizational representation, deferred prosecution arguments, and plea or trial strategies. There will be several short written assignments and a scheduled examination. Prerequisite: a course in criminal procedure or its equivalent. Enrollment limited to approximately twenty. Permission of the instructors required. Self-scheduled examination. K. Stith and D.B. Fein

Federal Income Taxation (21369) 4 units. An introductory course on the federal income taxation of individuals and businesses. The course will provide an overview of the basic legal doctrine and of the statutory expression of this doctrine. The course will emphasize the structure of tax law and the relationship between this structure and the fundamental choice of the tax base. Doctrinal topics covered will include fringe benefits, business expenses, the interest deduction, the taxation of the family, and capital gains. In addition, the course will address basic questions of tax policy, with a special emphasis on the demands fairness places on the tax system. No prerequisites. Self-scheduled examination. D. Markovits

[The] First Amendment (21421) 3 units. This course will discuss the structure of the First Amendment protections for expression. Self-scheduled examination. R.C. Post

Frontiers in Organizational Law (21617) 2 or 3 units. Recent decades have brought widespread innovation in organizational forms and organizational law, and that evolution is continuing at a substantial pace. This course will focus on some of the most conspicuous developments in this process, with the objective of developing a broader familiarity with current forms and their uses as well as a deeper understanding of organizational law in general and of its history and likely future evolution. Attention will be paid to developments not only in the United States, but in the European Union and in other jurisdictions around the world as well. Among the topics likely to be discussed are: the functions served by a separate body of organizational law; the disappearing boundary between organizational law and contract law; evolving forms on the margins of organizational law such as LLCs, statutory trusts, and series or cell companies; the organization of hedge funds and private equity firms (both privately held and publicly traded); the organization of mutual funds, including restrictions on compensation practices and voting rules; the changing character of marriage and civil unions, including choice of law, ownership of assets and liability for debts, and alternative forms of commitment such as covenant marriages; the breakdown of the partnership form in law firms and other service sectors; the uneasy bifurcation of nonprofit corporations into separate mutual benefit and public benefit forms; industrial foundations (business firms organized as nonprofit corporations); other hybrid, “fourth sector,” or “creative capitalism” forms bridging nonprofit and for-profit types; alternative approaches to, and justifications for, choice of forms for publicly traded business corporations, both within and across jurisdictions; the organization of government-sponsored enterprise (such as Sally Mae and Ginnie Mae); and alternative mechanisms for choosing and controlling the board of directors in for-profit, nonprofit, and governmental enterprise. A paper of the type suitable for Supervised Analytic Writing or Substantial Paper credit will be required for three units of credit. Students seeking only two credits will be asked to write a series of short papers on the readings. Preference will be given to students taking the course for three units. Prerequisite: Business Organizations, or permission of the instructor. Paper required. Enrollment limited to twenty. Permission of the instructor required. H. Hansmann

Human Rights Workshop: Current Issues and Events (21193) 1 unit, credit/fail. Conducted in workshop format and led by Professor Paul Kahn, director of the Orville H. Schell, Jr. Center for International Human Rights, the course will discuss recent writings in the field, presentations from outside guests and participants, and newsworthy events in the human rights arena. This course will meet in weeks when the Legal Theory Workshop does not meet. P.W. Kahn

*Immigration Legal Services (21012) 3 units, credit/fail. A clinical seminar involving class sessions and casework. The clinic will specialize in the representation of persons who are seeking asylum through affirmative procedures or in removal proceedings or post-asylum relief. Class sessions will focus on the substantive and procedural law, the legal and ethical issues arising in the context of casework, and the development of lawyering skills. Classes will be heavily concentrated in the first half of the term, with additional sessions supplementing the weekly class time. Students will also attend weekly supervisions on their casework. Enrollment limited. C.L. Lucht, J.K. Peters, S. Wizner, and H.V. Zonana

[The] Information Society (21468) 4 units. This course will study what the Internet and new information technologies mean for civil liberties, democracy, and the production of a democratic culture. Previous courses on the First Amendment and/or intellectual property are not required. Topics will include (1) freedom of speech on the Internet; (2) media policy and strategies for knowledge production; (3) regulation of virtual worlds, social software, and search engines; (4) how the Internet and digital networks affect politics, democracy, and journalism; (5) open source, digital innovation, and the political economy of information production; (6) emerging conflicts among intellectual property, freedom of speech, and new business models; and (7) the use of new information technologies as methods of control and surveillance. Self-scheduled examination or paper option. J.M. Balkin

[The] Information Society and Behavioral Economics (21618) 2 units (1 unit per term). This yearlong course will explore the structure of the information society in light of the emergent field of behavioral economics. Most centrally, much behavior on the Internet is difficult to explain using traditional economic analysis but fits well within the behavioral economics framework. Course readings will consist of articles and book excerpts from law and social science. Students will be asked to submit reaction papers approximately every other week. Students who wish to enroll for only one term must have the permission of the instructor. Enrollment limited. C. Jolls

Intellectual Property (21167) 4 units. An introduction to the law of patent, copyright, and trademark. The course will study current policy debates about intellectual property reform and alternative methods for promoting innovation and knowledge production. Self-scheduled examination. I. Ayres

International Business Transactions (21209) 4 units. An introduction to the formation, regulation, and global impact of international business transactions. The primary focus of the course will be on the legal and practical aspects of multinational transactions, including the structuring, negotiation, and documentation of the relevant arrangements. A secondary focus will be on the broader economic, political, and social context and consequences of international business transactions. Case studies from Latin America, Asia, the former Soviet Union, and the Middle East will be used. Topics to be discussed include privatization, project finance, letters of credit, conflicts of law, extraterritoriality, sovereign debt restructuring, expropriation, corruption, and the relationships among markets, democracy, and “culture.” Scheduled examination or paper option. A. Chua

International Criminal Law (21404) 2 or 3 units. After a brief survey of the history of international criminal law and the development of international criminal courts, the seminar will examine the problem of sources and goals of international criminal justice. Alternative responses to mass atrocities will be explored. Genocide, crimes against humanity, war crimes, and the crime of aggression will then be examined in some detail. Next, the attention of the seminar will focus on the departures of international criminal procedure and evidence from forms of justice prevailing in national law enforcement systems. The seminar will end with an analysis of special difficulties encountered by international criminal courts. Scheduled examination or paper option. Enrollment limited to twenty. M.R. Damaška

Introduction to Transnational Law (21454) 4 units. This course will teach students the minimum that every lawyer should know about the international dimensions of law in the modern world. It is also intended to provide a foundation on which those who are interested in further study of international law can build. The course will cover both public and the private law. Among the topics to be studied are the basics of the international legal system, treaty law, customary international law, international law in U.S. courts, trade law, international environmental law, human rights law, international criminal law; international business transactions, international tax, law on the use of force, law relating to the “war on terror,” and transnational commercial arbitration. Self-scheduled examination. O. Hathaway

Landlord/Tenant Legal Services (21004) 3 units, credit/fail. Students in this clinical seminar will provide legal assistance, under the supervision of clinical faculty, to low-income tenants facing eviction in the New Haven Housing Court. Topics to be covered in discussions and class materials will include the substantive law of landlord-tenant relations, the Connecticut Rules of Practice and Procedure, ethical issues arising in the representation of clients, social and housing policy, and the development of lawyering skills, particularly in interviewing, litigation, negotiation, and mediation. Weekly class sessions and supervision sessions, plus eight to twelve hours per week of casework. Enrollment limited. F.X. Dineen and J.L. Pottenger, Jr.

Law and Economics of Contracts II (21606)/ECON 277b 2 units. This course will aim to bridge the gap between economic contract theory, contract law scholarship, and the “art” of writing contracts. Students will apply legal and economic theory to the design of real-world contracts. In the first part of the course, students will be made familiar with the key concepts of economic contract theory and the law of contracts and fiduciary obligations. Students will then be presented with a set of case studies containing a real-world contract and a description of the economic setting faced by parties who drafted the contract. Student teams will analyze these contracts and prepare presentations on the case studies. Their task will be to explain the incentive structure of the contract and to critically assess whether it leads parties to make the optimal decisions. If they do not, teams will make proposals on how the contract should be improved, by showing that their design leads to better decisions. (Formally speaking, they will explain the game form induced by the original contract and the allocation which results from this game, given standard solution concepts of game theory and the parties’ likely preferences. They will then evaluate the allocation given an appropriate welfare criterion. If they can argue that an alternative game form improves the outcome, they have a valid argument that the contract should be improved.) Prerequisite: Law and Economics of Contracts I (20530) or permission of the instructors. This course will follow the Yale College calendar. Examination. R.W. Brooks and A. Stremitzer

[The] Law and Economics of Corporate Control (21234)/MGT 664b 3 units. This course will be taught jointly by a professor and an attorney with a very large acquisitions and corporate governance practice. Its objectives will be to explore positive theories of why changes of control occur and the forms they take and to explore normative theories of how the state should respond to these changes. Topics include negotiated acquisitions, hostile takeovers, hedge fund participation in proxy contests and firm strategy, state and federal regulation of acquisitions activity, and corporate governance issues. Readings range from current cases to scholarly articles. The theoretical and legal treatments will be tested in the analysis of three recent deals, each of which will be presented by an actual participant in the deal. Students will be asked to critique the conduct of the deals in light of the legal and commercial options available to the parties. The course grade will be based on the critique and an examination, or a paper option with permission of the instructors. Self-scheduled examination or paper option. A. Schwartz and S. Fraidin

Law and Globalization (21508) 2 or 3 units. This seminar is an ongoing Yale Law School forum for the presentation of recent research on legal aspects of globalization, broadly conceived. The seminar will host six or seven scholars during the term. Requirements include (1) active participation in the seminar; and (2) the writing of either one 25- to 30-page research paper on a topic relevant to law and globalization or six five-page essays responding to the papers being presented in the seminar. On off-weeks, students will read and discuss supplementary texts (suggested by seminar visitors) in preparation for the forthcoming visits of these scholars. Paper required. Enrollment limited to eighteen. D.C. Esty and O. Hathaway

Law, Economics, and Organization (21041) 1 unit, credit/fail. This seminar will meet jointly with the Law, Economics, and Organization Workshop, an interdisciplinary faculty workshop that brings to Yale Law School scholars, generally from other universities, who present papers based on their current research. The topics will involve a broad range of issues of general legal and social science interest. Students registering for the seminar and participating in the workshop will receive one unit of ungraded credit per term. Neither Substantial Paper nor Supervised Analytic Writing credit will be available through the seminar. Short papers will be required during the term. R.W. Brooks and C. Jolls

Law, Institutions, and Development in Early America (21565) 2 units. Lawyers, development experts, and legal scholars increasingly emphasize the importance of law and institutions to global economic development. Examples from American institutional and legal history, such as Alexander Hamilton’s financial system, American property law, and the United States Constitution, are frequently invoked as models for developing economies. Yet, American legal, institutional, and economic history is rarely examined in detail. This seminar will begin by analyzing the current leading debates on the role of law and institutions in modern economic development. It will then examine the foundations of the American legal, political, and economic order as a case study in development. The American experience provides a useful reference point for evaluating current proposals for legal and institutional reform (discussing issues such as property title registration, intellectual property, insecure banking systems, and inheritance policies). The seminar will also discuss how the American experience gets distorted in the current development literature and limitations of its usefulness as an example. Paper required. Enrollment limited to twenty. C. Priest

[The] Law of Climate Change (21566) 3 units. This course will explore legal and policy developments pertaining to climate change and the regulation of greenhouse gas emissions. Approaches considered will range in scale (state, regional, national, international), temporal scope (incremental measures, multi-decade emissions goals, constitutional amendments), policy orientation (voluntary initiatives, disclosures rules, subsidization, tort litigation, command-and-control regulation, cap-and-trade schemes, emissions taxes), regulatory target (industry and manufacturing, commercial and retail firms, financial and insurance companies, consumers and workers), and regulatory objective (stabilization of greenhouse gas concentrations, reduction of emissions levels or intensity, energy security, optimal balancing of costs and benefits, adaptation to unavoidable impacts). Although course readings and discussion will focus on existing and actual proposed legal responses to climate change, the overarching aim of the course will be to anticipate how the climate change conundrum will affect our laws and our lives in the long run. No prerequisites. Self-scheduled examination or paper option. D. Kysar

Law, Politics, and History (21579) Units to be arranged. Litigators present the judge and/or jury competing histories of a given event or events. Is this an example of the art of politics? This research seminar will be devoted to preparing and evaluating papers dealing with aspects of this question. Prerequisite: The Philosophy of the Rule of Law, or permission of the instructor for students who have topics they wish to research. Paper required. J.G. Deutsch

*Lawyering Ethics Clinic (21309) 3 units, credit/fail. This is a clinical course in which students participate in the disciplinary process involving lawyers charged with violating ethical obligations to clients or other interested persons. Course goals are to help students understand the disciplinary process in Connecticut, and to think about how legal education should engage with the ethical issues facing lawyers. Under faculty supervision, students work with the Connecticut Office of Disciplinary Counsel, the body charged with prosecuting claims of lawyer misconduct, and are assigned to handle specific grievance cases. Students interview witnesses, collect documentary evidence, research legal issues, draft pretrial briefs, and examine witnesses and present closing arguments at the disciplinary hearing. Students may also be involved in negotiating disciplinary sanctions with the grieved lawyer. Enrollment limited to four. D.E. Curtis and F. Blando

Legal Assistance (21057) 3 units, credit/fail. A clinical seminar, using classroom, field-work, and simulation experiences in the general area of legal assistance for the poor. Students will work eight to twelve hours per week in a local legal aid office and will attend weekly classroom sessions. The seminar will be practice-oriented, moving from developing solutions for specific client problems to general discussions of landlord-tenant, consumer, domestic relations, welfare, and other legal subjects of special concern to the urban poor, as well as issues of broader social policy. The seminar will also focus on the development of professional responsibility and lawyering skills, such as interviewing, negotiating, counseling, drafting, and litigation. A few placements for criminal defense work in state court may also be available. Enrollment limited to eight. F.X. Dineen

Legal Services for Immigrant Communities (21552) 3 units, credit/fail. This clinic will fuse traditional civil legal services representation with collaborative, community-based strategies for solving community problems and empowering clients. The clinic will provide a broad range of legal services to the two largest immigrant communities in New Haven: the Spanish-speaking Latin American and Caribbean community, and the French-speaking West African community. The clinic will conduct outreach through Junta for Progressive Action, a nonprofit community organization in Fair Haven, as well as through other organizations in the different communities. The clinic will offer students the opportunity to represent immigrant clients in a wide range of cases, often including (but not limited to) immigration law, employment law, benefits, family law, mortgage foreclosures, landlord-tenant law, and consumer fraud. Although the clinic welcomes students fluent in Spanish or French, the clinic is open to all and often works with translators. Interested students should indicate their level of proficiency in Spanish and French on the LSO ballot. Enrollment is by lottery, with language ability taken into account. Enrollment limited to eight. C.L. Lucht and S. Wizner

Legal Writing for Litigators (21607) 3 units. This seminar will train students to craft lean sentences and compelling documents. In addition to reading several of the most insightful legal-writing texts and articles, students will scrutinize judicial opinions and briefs to see how leading judges and practitioners construct their arguments. Students will also discuss extensively how to weave facts and authorities into their written work and will also consider how to use each court filing to advance a client’s overarching strategy. Studies will prepare short assignments to train them to litigate effectively. Enrollment limited to twenty. N. Messing

Legislative Advocacy Clinic (21392) 3 units, credit/fail. A two-term clinical seminar designed to give students an opportunity to participate in the state legislative and policy-making processes by advancing—and defending—the interests of Connecticut public interest organizations (including other LSO clinics, and their clients). Our primary client (Connecticut Voices for Children) is a key player on a broad spectrum of policy issues. Recently we have focused on public education, juvenile justice, health and tax policy. The clinic’s work will include both affirmative legislative initiatives and defensive efforts to respond to proposed legislation deemed inimical to the interests of its clients. The clinic will also serve as a legislative liaison for other LSO clinics, keeping them informed of legislative developments affecting their clients’ interests. Issues of ethics and professional responsibility for lawyers working in the legislative arena will be an important focus of this clinic. In the fall term, students will participate in training sessions led by some of Connecticut’s most experienced lobbyists, meet with state legislators, and work with their client organizations to identify upcoming legislative issues. Once issues have been chosen for action, students will research the subject, work in coalition with other organizations, and meet with legislators. In the spring, students will meet with legislators to get their bills introduced, develop oral and written testimony in support thereof, identify other witnesses, shepherd their bills through the committee process, and work to get them adopted. During the legislative session, students will also monitor other proposed legislation that might affect the clinic’s clients. To allow all students to participate in both the training/issue development and direct action aspects of the clinic’s work, priority will be given to students who commence their participation in the fall term. Enrollment limited. J.L. Pottenger, Jr., S.D. Geballe, and C.C. Staples

Liman Public Interest Workshop: Imprisoned (21534) 1 unit, credit/fail. Workshop participants will explore emerging issues of theory and advocacy. Details will be announced during the fall term. J. Resnik, H.R. Metcalf, and S.F. Russell

Local Government in Action: Workshop on Affirmative Litigation in the City of San Francisco (21547) 1 unit, with the option of additional units. This course will introduce students to local government lawyering. Working directly with attorneys from the Office of Affirmative Litigation in the San Francisco City Attorney’s Office, students will have an opportunity to brainstorm about potential projects, research the most promising ideas for lawsuits, and assist in filing a case. The course will address both theoretical issues (What roles should cities play in our democracy? Can cities further the public interest through litigation?) and practical ones (city-state relations, standing issues). The first part of the course will acquaint students with broader legal and policy issues associated with affirmative litigation. The students will then break into independent working groups organized by subject area (the working groups will be designed to accommodate student interests and preferences). Each working group will propose a potential lawsuit, conduct research, and present its ideas to the class and members of the City Attorney’s Office. Paper required. Permission of the instructors required. H. Gerken and J. Habig

*Lowenstein International Human Rights Clinic (21152) 3 units, credit/fail. Students will work on a variety of human rights projects, generally in support of the advocacy efforts of human rights organizations. Projects are designed to give students practical experience with the range of activities in which lawyers engage to promote respect for human rights; to help students build the knowledge and skills necessary to be effective human rights lawyers; and to integrate the theory and practice of human rights. Class sessions will provide an overview of basic human rights principles and their application and instruction in and development of human rights research and writing skills. The clinic will have one or more student directors. Enrollment limited to eighteen. Permission of the instructors required. J.J. Silk and E. Brundige

Nonprofit Organizations Clinic (21056)/MGT 695b 1 or 2 units, credit/fail. This clinical workshop will serve the needs of nonprofit organizations, nascent and established, that require help in the process of organization and incorporation, in obtaining tax exemption, and in solving ongoing legal problems—organizations that cannot afford to retain private counsel. The class will meet as a group on six Fridays during the term. Students who take the clinic for 2 units and who attend two professional responsibility sessions will satisfy the professional responsibility requirement. J.G. Simon, L.N. Davis, and B.B. Lindsay

Organization and Regulation of Higher Education (21616) 3 units. Higher education is not only a huge, rapidly growing, and vital industry, but also one that is strikingly different from most other industries. This course will explore the basic characteristics of the industry, and explore their implications for its organization and regulation. The focus will be not just on the United States, but on the important contemporary developments in the rest of the world as well, including prominently the European Union and the emerging nations of Asia. Topics to be discussed include: higher education as a public good, a private good, and an associative good; the changing market for higher education; the changing roles of public, private nonprofit, and private for-profit institutions; philanthropy as a source of financing; the amount and structure of public subsidies at the state and federal level; the sources and desirability of the strong and stable stratification of colleges and universities in terms of quality and status; anticompetitive behavior among colleges and universities; accumulation and management of endowments; obligations to donors of restricted gifts; the governance structure of both private and public colleges and universities, including the role of alumni, faculty, and students; conflicts and complementarities between universities as teaching institutions and as research institutions; joint ventures between universities and private enterprise; academic tenure as an employment practice; the role of labor unions; the organization of athletics within and among universities; the reasons why, in international comparisons, U.S. higher education is so much stronger than U.S. primary and secondary education; the reasons for the historic decline of European universities; the Bologna Process for the improvement of higher education inside and outside the EU; and the varying efforts of Asian countries to establish world-class universities. A paper of the type suitable for Supervised Analytic Writing or Substantial Paper credit will be required. Enrollment capped at twenty-five. H. Hansmann

[The] Philosophy of Law (21275)/PHIL 325b 3 units. An introduction to the problems and methods of the philosophy of law. Topics will include the nature of law and legal authority; the philosophical bases of various areas of law, including criminal law and the practice of punishment; and the political philosophy of law, including the nature of rights and the obligation to obey laws. This course will follow the Yale College calendar. Scheduled examination. S. Shapiro

[The] Philosophy of Torts and Contracts (21608) 3 units. This course will explore the philosophical foundations of tort law and contracts, including the relations, if any, between them. Self-scheduled examination or paper option. J.L. Coleman

Policing: Seminar (21609) 3 units. Both in the U.S. and internationally, policing has undergone fundamental changes over the past decades. Changes in the policing workplace and in the mission of policing have led to new theories and models of policing, changes in the relationships between citizens and police, and a rethinking of the role of policing in the modern world. Yet police remain the first line response to problems of disorder and crime, and gatekeepers to the criminal justice system. This seminar will examine theories of policing, exploring assumptions about the police function, policy implications for criminal law, and empirical evidence supporting or refuting the effectiveness of particular strategies and approaches. Professional law enforcement, the organizational strategy that has dominated policing in modern times, will be contrasted with community and problem-oriented approaches to the police function. The seminar will discuss the implications of the contemporary policing workplace, including both the diversification of the police workforce and methods of police management and supervision. Specialized topics will include use of force, racially selective enforcement, police discretion, the rise of private policing, civilian review, order maintenance, litigation and consent decrees, the impact of technology on surveillance and investigations, and the intersection of policing and national security. Paper required. Enrollment limited to twenty-four. J. Fagan and T. Meares

Political and Civil Rights in Canada and the United States (21211) 2 units. Canada and the United States share more than an international border: both were colonies of Great Britain; both are federal systems; both countries’ legal systems reflect an English common law heritage; and both are modern, industrialized societies. Canada did not, however, adopt a written bill of rights or institute the practice of judicial review until 1982. Prior to that time its legal system operated according to principles of parliamentary supremacy. This comparative constitutional law seminar will explore the similarities and differences, both before and after Canada’s 1982 constitutional change, between the two legal systems with respect to protection of individual rights. Attention will be given to the issues of hate speech, language rights, abortion, pornography and obscenity, religious liberty, affirmative action, criminal justice, press freedom, and the impact of international human rights norms on domestic decision making. Paper required. Enrollment limited. D.S. Days, III

Privatization (21583) 2 or 3 units. When the state performs a task, such as running a prison or administering a welfare program or providing security in a war zone, it may have a choice among several kinds of agents: employees, contractors, or a variety of other third parties. This seminar will consider how that choice among agents is—and ought to be—made. Topics include the usefulness and limitations of analogizing the government to a business firm deciding whether to “make or buy” a service; organizational constraints peculiar to government, as well as efforts to “reinvent” government to be more businesslike; the design of incentives within agencies, in the process of awarding contracts, and within contracts themselves; the struggle to define what is an “inherently governmental function”; the applicability (or not) of constitutional constraints to various kinds of service providers; and tort liability and indemnification of such providers. Students have the option to write multiple short papers on the assigned readings (for 2 credits) or a single research paper (for 3 credits). Enrollment limited to fifteen. N. Parrillo

*Professional Responsibility and the Legal Profession (21610) 3 units. Comprehensive and critical coverage of the Rules of Professional Conduct and the Code of Professional Responsibility, including proposals for change. Also considered will be major problems currently facing the legal profession, including multidisciplinary practice (MDP), unauthorized practice of law by lay competitors of lawyers, restrictions on interstate law practice, funding of legal aid, the risks and benefits of increased specialization by individual lawyers, taking advantage of new technologies, and lawyer quality-of-life problems from long workdays and high billable hours requirements. Scheduled examination. Q. Johnstone

Property (21017) 4 units. This course will begin with an inquiry into how members of a society allocate, and should allocate, formal or informal entitlements to scarce resources such as wild animals, labor, water, ideas, and land. The course will explore various forms of private property and also alternative regimes such as communal and public property. Thereafter, the principal focus will be on entitlements in land. Topics will include limitations on the rights of landowners to exclude others; estates in land; co-ownership; landlord-tenant law and the slum housing problem; nuisance law; easements and covenants as means of cooperation among neighbors; and eminent domain, zoning, and other tools of public land use regulation. Scheduled examination. R.C. Ellickson

Property: Individual Research (21018) 3 units. The instructor will separately supervise students who wish to write a paper on a property topic. To receive credit for satisfying the Supervised Analytic Writing requirement, a student must devote two terms of work to the paper. Enrollment limited to six. R.C. Ellickson

Prosecution Externship (21088) 2 or 3 units, credit/fail. Students in this clinical externship will assist state or federal prosecutors with their responsibilities, both before and at trial. Placements are available in New Haven and surrounding cities and in a variety of fields, including misdemeanors, felonies, or specialized areas such as career criminal, traffic, or appellate work. Weekly sessions will range from discussions of assigned readings to field trips to prisons, police laboratories, etc. Students will be required to keep journals and time records. Placements at the U.S. Attorney’s Office must be arranged at least four months in advance, to allow time for security clearance procedures. Applications and interviews for the State’s Attorney placements will take place during the first week of the term. Although enrollment is limited and permission of the instructor is required, timing and the involvement of outside agencies remove this clinic from the usual sign-up process for limited enrollment courses. J.L. Pottenger, Jr., and W.J. Nardini

Quantitative Corporate Finance (21071) 3 units. This course will introduce students to some of the fundamentals of financial economics. Topics will include net present values, the capital asset pricing model, the efficient capital market hypotheses, event studies, and option theory. Students will need to learn to use electronic spreadsheet software such as Excel. Grades will be based on weekly computer problem sets and on an open-book final examination. Scheduled examination. I. Ayres

Rationality and Choice (21611) 2 units. Rationality is a central idea in economics, law, politics, and moral and political philosophy. The demands of rationality have been formulated in different ways in classical and contemporary economics, in political science, in philosophical analysis of practical reason, and in legal theory including law and economics. This course, which will be taught collaboratively with Professor Amartya Sen, will provide a critical examination of the different ways of characterizing rationality and its requirements. It will also consider the role of rationality in legal and political thought. Prior economics training is not expected. Paper required. Enrollment limited. C. Jolls

Reading the Constitution: Method and Substance (21411) 4 units. An advanced constitutional law course focusing intently on the Constitution itself (as distinct from the case law interpreting it, sometimes quite loosely). The course will begin by studying the document itself in exquisite detail, Article by Article, and Amendment by Amendment. The main text for this segment of the course will be Amar, America’s Constitution: A Biography (2005). The course will then canvass various methods of constitutional interpretation (associated, for example, with writings by Ackerman, Amar, Balkin, Black, Bobbitt, Ely, Tribe, Rubenfeld, Siegel, and Strauss). Permission of the instructor required. Self-scheduled examination or paper option. A.R. Amar

Research Methods in American Law (21486) 1 unit, credit/fail. This course will instruct students in basic legal research skills, including researching and updating state and federal case law, legislation, administrative law and secondary sources, using both print and online resources. Students will be required to complete a series of short research assignments. The course will be offered in two sections, each of which will meet twice weekly for the first seven weeks of the term. An additional unit of credit may be earned by completing the Specialized Legal Research course during the second half of the term. S.B. Kauffman, J.B. Nann, and C. Tubbs

Research Methods in American Legal History (21080) 2 or 3 units. This seminar will examine the methods and major materials used in American historical legal research, whether for scholarly pursuits or professional advocacy. It will cover early judicial, statutory, and constitutional sources; crime literature; court records; government documents; biographical materials and personal papers of lawyers and judges; other manuscript collections; and early sources of American international law and civil law. Paper required. M.L. Cohen and J.B. Nann

Selected Topics in Intellectual Property Law: Theory and Practice (21587) 2 units. This course will examine how lawyers help clients assess, secure, and assert their legal rights against conflicting claims. The course will focus on legal disputes that arise out of some of the major tensions in intellectual property law today and consider efforts—some more successful than others—to resolve those tensions: in the private realm through litigation or negotiation, and in the public sphere through the development of decisional rules and legislation. Guest lecturers who have had significant influence in shaping intellectual property law will participate in a number of our classes; past visitors have included lawyers who have argued landmark cases, an author of leading intellectual property treatises, and lawyers representing major industry and policy organizations in the intellectual property arena. Readings will include case law, statutes, articles, and documents commonly drafted by lawyers over the course of representing clients in intellectual property issues. Students will prepare and present problem-solving documents (e.g., protest letters, argument/negotiation outlines, proposed orders for relief, and settlement proposals) throughout the term individually and as part of a group and will have the opportunity to take responsibility for leading course discussion on selected topics. Prior experience in intellectual property law is helpful but not required. This course complements other intellectual property courses offered by the School. Instructor will be able to accept a limited number of papers in satisfaction of the Substantial Paper requirement. Paper required. Permission of the instructor required. Enrollment limited to twenty. V.A. Cundiff

Sentencing Workshop (21383) 3 units. A workshop at which federal and state judges, defense lawyers, prosecutors, and other criminal-justice professionals are invited to meet with the students and to explore such issues as the federalization of crime, discretion in the federal sentencing guidelines, recent constitutional challenges, legislative amendments, theories of punishment. All participants—judge and non-judge—will be provided with hypothetical “cases” of individuals to sentence, and then justify and/or explain their sentences in depth to the other workshop participants. The class will be invited to observe actual court sentencings in either New Haven or Boston and, where possible, to discuss the cases with the parties. Prerequisite: fall-term Sentencing course. Enrollment limited. Permission of the instructors required. D.E. Curtis and N. Gertner

Specialized Legal Research: American Immigration Law (21487-01) 1 unit, credit/fail. This course will meet twice weekly during the second half of the term. It will explore research issues and sources that arise in the practice of immigration law. Particular attention will be paid to administrative issues, the organization of the law, and practical solutions to legal research issues. Students may work through the legal research issues and sources through the framework of a problem of their own choice. Prerequisite: Research Methods in American Law or permission of the instructors. Minimum enrollment of four required. S.B. Kauffman and J.B. Nann

Specialized Legal Research: Corporate Law (21487-02) 1 unit, credit/fail. This course will meet in one two-hour session during the second half of the term. Prerequisite: Research Methods in American Law or permission of the instructors. Minimum enrollment of four required. S.B. Kauffman and M. Chisholm

Specialized Legal Research: Federal Tax Law (21487-03) 1 unit, credit/fail. This course will meet twice weekly during the second half of the term. This class will provide students with an in-depth examination of the sources and issues that arise when researching in federal tax. Both print and online sources are examined. Particular attention is paid to practical research issues and solutions. Prerequisite: Research Methods in American Law or permission of the instructors. Minimum enrollment of four required. S.B. Kauffman and C. Tubbs

Specialized Legal Research in Foreign and International Law (21487-04) 1 unit, credit/fail. This course will meet weekly in the second half of the term. Both print and online sources are examined. Particular attention is paid to practical research issues and solutions. Minimum enrollment of four required. S.B. Kauffman, C. Tubbs, and T. Miguel

Spinoza: Politics and Metaphysics (21174) 2 units. An exploration of the relationship between Spinoza’s political ideas, as presented in the Theological-Political Treatise, and the metaphysical argument of the Ethics. Paper required. Enrollment limited. A.T. Kronman

*Supreme Court Advocacy (21262) 4 units (2 fall, 2 spring) This course will furnish the opportunity to combine hands-on clinical work with seminar discussion of Supreme Court decision making and advocacy. It will begin with several sessions analyzing the Court as an institution, focusing on the practicalities of how the Court makes its decisions and how lawyers present their cases. Thereafter, students will work on a variety of actual cases before the Court, preparing petitions for certiorari and merits briefs. Students will work under the supervision of Yale faculty and experienced Supreme Court practitioners. The course will be a two-term offering and will satisfy the Substantial Paper requirement. The course demands a significant time investment that is not recommended for students with other time-intensive commitments. Enrollment limited to twelve. Permission of instructors required. L. Greenhouse, D.M. Kahan, T. Merrill, A. Pincus, C. Rothfeld, and S. Shuchart

Supreme Court Nomination and Confirmation (21612) 2 units. This course will draw on past controversies and current events to examine issues raised by the Supreme Court nomination and confirmation process. Topics will include the strategic behavior of justices in deciding to retire; presidential decision making; the structure and content of confirmation hearings; and the role of outside interest groups. Robert Bork’s nomination in 1987, including the causes and consequences of its failure, will be examined in depth. The class will also consider the question of appropriate backgrounds for Supreme Court nominees as well as the current debate about whether to reexamine life tenure for Supreme Court justices. Enrollment limited to twenty. Self-scheduled examination or paper option. L. Greenhouse

Theories of Statutory Interpretation: Seminar (21464) 2 or 3 units. This course will be a seminar for reading various articles on statutory interpretation theory, including theories drawn from hermeneutics, historiography, public choice theory, positive political theory, political theory, and so forth. Prerequisite: Legislation. Paper required. Enrollment limited to twelve. W.N. Eskridge, Jr.

Theory and Practice: Seminar (21130)/PLSC 573b 2 to 4 units. A writing seminar devoted to the exploration of the practical significance of the theories of justice considered in the fall-term course Justice, which is generally a requirement for admission into this seminar. Students with exceptional backgrounds in political philosophy may be admitted directly upon satisfying the instructor that they have in fact read and pondered the texts discussed in the fall-term course. Supervised Analytic Writing credit. Prerequisite: Justice (LAW 20104), or permission of instructor. Self-scheduled examination or paper option. Enrollment limited. B. Ackerman

Topics in Labor and Employment Law (21136) 3 units (1 unit per term, with an additional unit for the required paper). This seminar will meet during both fall and spring terms and will focus on leading legal scholarship in the fields of labor and employment law. The seminar will also cover recent cases of substantial importance. Paper required. Enrollment limited. C. Jolls

Trademarks and Unfair Competition (21466) 3 units. This course will cover the law of “unprotected ideas,” the common and statutory law of unfair competition in marketing, and federal and state laws concerning trademarks and service marks. The course will also cover rules, both informal and formal, regulating competition online. Finally, the course will include a brief introduction to laws governing advertising more generally, including truth and falsity, puffery, and, if time permits, advertising aimed at children. In addition to the final examination, each student will complete a short (four- to six-page) reflective paper. Students interested in earning a fourth unit for the class should consult with the instructor about additional research work. Self-scheduled examination. S.L. Carter

Trial Practice (21183) 2 units, credit/fail. An introduction to trial evidence and to the techniques and ethics of advocacy in civil and criminal trials. Students will act as lawyers in simulated trial situations. The instructors will be judges and experienced trial lawyers from the community who will provide instruction and critique. Enrollment limited to seventy-eight. S. Wizner and J.L. Pottenger, Jr.

Workshop on Chinese Legal Reform (21361) 1 unit, credit/fail; 2 or 3 graded units with paper. This will be a workshop to examine legal development in China today. Typically, guests from other universities in the U.S. or China will present papers or discuss current issues. P. Gewirtz, J.P. Horsley, J. Prescott, and T. Webster

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