Course Offerings

Fall Term

First-Term Courses

Constitutional Law I (10001) 4 units. A.R. Amar (Section A), H.K. Gerken (Section B), J.M. Balkin (Group 1), P. Gewirtz (Group 2), R.C. Post (Group 3), J. Rubenfeld (Group 4), R. Siegel (Group 5), P.W. Kahn (Group 6)

Contracts I (11001) 4 units. L. Brilmayer (Section A), S.L. Carter (Section B), R.W. Gordon (Group 1), H. Hansmann (Group 2), D. Markovits (Group 3), Y. Listokin (Group 4)

Procedure I (12001) 4 units. O.M. Fiss (Section A), H.H. Koh (Section B), W.N. Eskridge, Jr. (Section C), D.S. Days, III (Group 1), J. Resnik (Group 2)

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

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 their projects with theoretical readings and frequent contact with Information Society Project Fellows. Paper required. Substantial Paper credit available. Permission of the instructor required. Enrollment limited to ten. L.E. DeNardis and L.B. Shaver

Administrative Law (20170) 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 nondelegation 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. Enrollment will be capped at seventy-five. J.L. Mashaw

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 after September 11. Permission of the instructors required. H.H. Koh, M.J. Wishnie, J.M. Freiman, H.R. Metcalf, and R. Kassem

*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. Scheduled examination. E.D. Elliott

Advanced Deals Workshop: Public Company M&A (20508) 2 units. This advanced deals workshop will focus 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 and proxy fights, 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. Self-scheduled examination. Enrollment limited to eighteen. 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 instructors required. R.A. Solomon and C. Carey

Advanced Environmental Law Seminar: U.S. and EU Approaches to Regulating Chemicals, Biotechnology, and Nanotechnology (20028) 3 units. This course will build upon the survey course in environmental law and policy. The basic objective is to acquaint students with the similarities and differences between U.S. and EU approaches to regulating chemicals, biotechnology, and nanotechnology. The course will begin with an examination of the basic paradigms of Quantitative Risk assessment in the U.S. and the Precautionary Principle in the EU. The course will use a set of reading materials and articles that includes portions of the U.S. Toxic Substance Control Act, the EU proposed regulation on the Registration, Evaluation and Authorization of Chemicals (REACH), and the EPA, FDA, and USDA approaches to regulating biotechnology, the EU Labeling and Traceability Law, the U.S. coordinated effort on nanotechnology, and the EU White Paper Towards a European Strategy for Nanotechnology. Students will conduct and report on their research on topics related to the course. The emphasis will be on what the U.S. and EU can learn from one another to improve their regulatory systems. Paper required. Enrollment limited to fifteen. E.D. Elliott

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, and H.V. Zonana

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 instructor required. C.L. Lucht

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, and J.B. Nann

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 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 Topics in Comparative Law (20487) 2 units. This seminar is intended for students who wish to do research and writing on a topic in Comparative Law. The class will read and discuss a variety of texts on comparative law, as well as host guest scholars, who will present their research to the class. The goal of the seminar will be to encourage and train students to do publishable work in comparative law, without prejudice to methodological approach. The course is also open to students with no intention of entering academia. The only prerequisite is that students have an active interest in the law of some country other than the United States, and have a desire to understand—or to explain—how and why practices, traditions, processes, or outcomes differ across legal systems. Paper required. Enrollment limited. M.R. Damaška and J.Q. Whitman

Advanced Worker and Immigrant Rights Clinic (20488) 1 to 3 units. A fieldwork-only option. Prerequisite: Worker and Immigrant Rights Clinic. Permission of the instructors required. M.J. Wishnie, C.N. Lasch, and R. Kassem

*Advocacy for Children and Youth (20329) 3 units, credit/fail. Students in this clinical seminar will represent children and youth in abuse, neglect, uncared for, potentially termination of parental rights cases 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. The 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

Alternative Dispute Resolution (20314) 3 units. This course will explore the theory and practice of dispute resolution outside of and as supplement to adjudication in the courts. The course will cover negotiated settlements, mediation, and arbitration, as well as some newer applications. The course will examine the strengths and weaknesses of these and other methods of dispute resolution from private and public perspectives, with an emphasis on the legal and policy questions that alternative dispute resolution poses. Students will study ADR as future consumers and policy makers, rather than providers of the services. In other words, the central goal of the course is to enhance students’ ability to counsel and represent clients in these fora, not necessarily to act as neutrals. The ADR course will coordinate with the Quinnipiac-Yale Dispute Resolution Workshop. Three or four guest lecturers will present papers over the course of the term. Students will read each speaker’s paper and submit a page or two of questions/comments the day before the lecture. Grade will be based upon four journal entries, comments on speakers’ papers, and a final paper. Self-scheduled examination. On several Mondays during the term, class will extend until 6 p.m., so students should plan accordingly. J.G. Brown

Anglo-American Legal History: Directed Research (20009) 2 or 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. J.H. Langbein

Antitrust and Regulation: Research Seminar (20007) 3 or 4 units. Research and writing on current problems in antitrust and regulation. Topics to be arranged with the instructor. Prerequisite: the basic Antitrust course or its equivalent. Paper required. Enrollment limited. Permission of the instructor required. A.K. Klevorick

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. Because macroeconomics is a major part of this course, it is part of the graduate macroeconomics sequence (including Economics 510a, 511b, 525a and 526b). However, this course is not heavily mathematical and does not list these other courses as prerequisites. This course will meet according to the Yale Graduate School calendar. R.J. 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), two-term commitment required; credit/fail in fall, with graded option in spring. Students will assist 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, and may participate in conferences with clients, witnesses and experts and investigations; and observe court proceedings. Weekly class sessions will include presentations and discussions of various aspects of capital cases such as mental health issues, jury selection, and scientific issues. Students must complete a substantial writing assignment, such as a portion of a motion, brief, or memorandum of law. The course is limited to students who intend to take Capital Punishment: Race, Poverty, and Disadvantage in Spring 2009, or have already taken it. Permission of the instructor required. Enrollment limited to eight. S.B. Bright and C.N. Lasch

*Civil Liberties and National Security Post-9/11 (20343) 3 units, credit/fail. This clinic addresses human rights and civil liberties issues arising out of government policies in the aftermath of 9/11. Students enrolled in the course work on ongoing cases on behalf of persons impacted by those policies, varying from civil actions to habeas representations to amicus briefs on key questions at the appellate and Supreme Court levels. Students also participate in a weekly seminar to address the substantive, practical, and ethical issues raised by the clinic’s cases and human rights impact litigation more 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 instructor required. Enrollment limited. First-term students must enroll credit/fail, and returning students may elect graded credits. H.H. Koh, M.J. Wishnie, J.M. Freiman, H.R. Metcalf, and R. Kassem

*Community and Economic Development/Community Development Financial Institutions (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 and the role of financial institutions in community development and serving low income people. In addition to law students, the clinic is open to students from the Schools of Management, Divinity, Forestry and 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, 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, predatory and subprime lending, social entrepreneurship, and microfinance. Enrollment limited to twenty. R.A. Solomon, R.S. Golden, C.F. Muckenfuss, and S. Fazili

Comparative Corporate Capitalism (20489) 2 or 3 units. Forms of corporate ownership and control vary widely from one country to another. The type of corporate capitalism that is found in the United States and that is the usual subject of law school courses in corporate law is, in fact, something of an outlier among these forms. This seminar will examine the organization of enterprise in a range of both developed and developing countries in an effort to comprehend their variety, to probe the reasons for the patterns seen, and to understand the particular problems that the various systems present. As part of this exercise, the seminar will look at the ways in which organizations and organizational law have evolved in different countries over recent centuries, and students will speculate on the directions in which they will continue to evolve in the future. Students will have a choice of writing a series of short papers on the readings or a single substantial paper, perhaps with additional credit. Enrollment limited to fifteen. H. Hansmann and R. Gilson

Comparative Law (20410) 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

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 8th Amendment claims addressing deliberate indifference to serious medical needs, 8th Amendment failure to protect claims, and 1st 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. The course 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 supervision meetings will also be scheduled in addition to the classroom discussions. B. Dignam, S.F. Russell, and H.V. Zonana

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 seminar 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, imposter 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. Scheduled examination or paper option. S.B. Duke

Corporate Environmental Management and Strategy (20490)/F&ES 96112a 3 units. This course will focus on understanding the policy and business logic for making environment and sustainability 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). Enrollment will be capped at eighty. Self-scheduled examination. This course will end before the December holidays according to the calendar of the School of Forestry & Environmental Studies. D.C. Esty

Criminal Law and Administration (20061) 3 units. This course will analyze the basic principles of substantive criminal law including the justifications for criminal punishment, the voluntary act, mental state and causation requirements, the preconditions of criminal responsibility, and the fundamentals of selected offenses. Scheduled examination. S.J. Shapiro

Criminal Procedure I (20350) 3 units. This course will examine the fundamentals of the criminal process: police powers of arrest; search and seizure as constrained by the Constitution; the exclusionary rule; the Fifth Amendment privilege against self-incrimination; the right to counsel; the right to a jury trial; Due Process; confessions and plea bargaining; and double jeopardy. Scheduled examination. A. Stein

Disability Rights and Disability Policy (20491) 2 units. As the Americans with Disabilities Act of 1990—which passed virtually unanimously by both houses of Congress and was signed enthusiastically by a Republican President—approaches its twentieth anniversary, its desirability continues to be the subject of vigorous debate. This course will begin with a broad theoretical perspective on race, sex, and disability antidiscrimination principles under constitutional and statutory law. The course will then cover the main aspects of disability law under the Americans with Disabilities Act and other relevant laws. The course will extensively explore issues of disability policy and potential avenues of reform. 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

*Domestic Violence Clinic (20503) 4 units, credit/fail. This clinic will offer students the opportunity to combine direct legal representation of survivors of domestic violence with community outreach and education. Students will provide comprehensive legal services to clients in a variety of civil matters including but not limited to immigration, family law, public benefits, and housing law cases. Students will conduct outreach at community-based organizations and provide trainings and know-your-rights presentations to community groups and agencies. The coursework will examine the legal, social, and policy issues involved in domestic violence lawyering. The clinic will focus on serving immigrant and low-income women. Students should expect to appear in court. Enrollment limited to ten. R.A. Solomon and C. Carey

*[The] Education Adequacy Project (20403) 3 units, credit/fail. This highly focused clinical course will represent public school parents: the Connecticut Coalition for Justice in Education Funding (CJEF). CJEF is a broad coalition made up of municipalities, school boards, unions, nonprofit organizations, parent-teacher organizations, and other interested individuals and groups. CJEF seeks to reform Connecticut’s public school finance system to provide for greater levels of funding for education by establishing a minimum level of funding needed to provide an adequate education and to alleviate the burden on local municipalities to provide the bulk of education funding. The Education Adequacy Project will meet on a weekly basis to review the progress of the students as well as to discuss the substantive issues involved in CJEF’s case and the theoretical issues involved in the adequacy movement. Enrollment limited to ten. R.A. Solomon, R.S. Golden, and A.A. Knopp

Employment Discrimination Law (20037) 4 units. This course will examine the regulation of employment discrimination through Title VII of the Civil Rights Act of l964 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

Employment Law (20445) 3 units. The primary source of legal rights for most American workers today is the body of statutory and common law employment protections. This course will offer comprehensive coverage of that body of law and its relationship with labor law, the field of law governing collective bargaining. Among the issues to be considered in this course are legal rules governing job conditions, including workplace safety and health; the “employment at will” doctrine; legal issues related to major employee “fringe benefit” programs, especially pensions and health insurance; free speech rights of employees; legal rules governing genetic screening, drug testing, and personality testing of employees; mandatory arbitration of employment disputes; unemployment insurance; the legal treatment of employee noncompete agreements; the Fair Labor Standards Act; the Family and Medical Leave Act; and prohibitions on employment discrimination on the basis of race, sex, age, disability, sexual orientation, national origin, and other protected traits. Scheduled examination. C. Jolls

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 and 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. D.S. Bryk

*Ethics and the Government Lawyer (20492) 2 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 fourteen. R.W. Gordon and J.L. Mashaw

European Convention on Human Rights (20493) 3 units. This course will be an introduction to the legal system established by the European Convention on Human Rights. The Convention covers 850 million people and all forty-seven Contracting States accept the compulsory jurisdiction of the European Court of Human Rights and the right of individuals to directly petition the Court. Today, the Court is the most active rights protecting court in the world, rendering more than 1,500 reasoned decisions per annum. The course will be divided into three parts. Part I will provide an overview of the legal system, focusing on the foundational texts, organizational machinery, and processes of rights protection. Part II will be devoted to the evolution of the case law of the Court in selected areas. Part III will examine the impact of the ECHR and of the Court’s case law on national legal orders. Students will be evaluated on the basis of (1) a take-home final examination or substantial research paper [60 percent]; (2) three short [2–3 page] “response papers” on the weekly readings [15 percent]; and (3) attendance and participation [25 percent]. The class will meet intensively for the first half of the term, and less frequently during the second half of the term. Enrollment will be capped at thirty. Self-scheduled examination or paper option. A. Stone Sweet and L. Wildhaber

[The] European Union: Public Law and Institutions (20456) 3 units. This course will provide an introduction to the public law of the European Union. Special emphasis will be placed on the historical development of the institutional structures, decision-making processes, and foundational legal doctrines of integration, understood in relation to the development of the postwar administrative state on the national level. Significant attention will also be given to the role of the European Court of Justice and the supranational system of judicial remedies as drivers in the process of integration over the last half-century. Scheduled examination or paper option. P.L. Lindseth

Evidence (20166) 3 units. This course will examine the rules and doctrines regulating the presentation of factual proof in American trials, with primary focus on the Federal Rules of Evidence. Scheduled examination. D.M. Kahan

Federal Courts in a Federal System (20366) 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 is 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 Crimes (20113) 2 units. A survey of general principles and specific elements of federal crimes. The latter include mail and wire fraud, pornography, extortion, bribery and gratuities, drug trafficking, money laundering, tax evasion, securities fraud, currency reporting, civil rights, false statements, perjury, witness tampering, obstructing justice, and racketeering. Some attention may be given to sentencing and forfeiture. Prerequisite: Criminal Law and Administration. Scheduled examination. S.B. Duke

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 will be capped at seventy-five. Scheduled examination. M.J. Graetz

Financial Accounting for Lawyers (20471) 3 units. Contemporary accounting and corporate financial reporting. Preparation, interpretation, and analysis of the earnings statement; the statement of financial position; and the statement of cash flows. Self-scheduled examination. L. Schiffres

[The] First Amendment (20450) 2 or 3 units. This course will study the constitutional right of freedom of expression guaranteed by the First Amendment. Topics will include seditious advocacy; conflicts between freedom of speech and national security; defamation and privacy; offensive and racist speech; obscenity and pornography; symbolic expression; commercial speech; regulation of campaign finance; Internet and broadcast regulation; restrictions on time, place, and manner of expression; freedom of the press; and freedom of association. Self-scheduled examination or paper option. J.M. Balkin

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

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. The workshop is open to the entire community. Those who would like to receive credit will be asked to write several reaction papers and to take responsibility for beginning the discussion. P.W. Kahn

Immigration, Citizenship, Secularization, and Antidiscrimination Policies and Laws (20513) 2 units. This seminar will examine immigration, citizenship, secularization, integration and antidiscrimination laws and policies in comparative perspective, including mainly European (especially French, British, and German) and North American cases. In these domains in particular, European and American laws and policies have and continue to influence (or counterinfluence) each other. 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 discrimination or of historical traumas). The seminar will have a strong multidisciplinary dimension. Interested students should submit a copy of their résumé during the bidding period. Enrollment limited to twenty. Self-scheduled examination or paper option. P. Weil

*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 their case work. Enrollment limited. C.L. Lucht, J.K. Peters, and H.V. Zonana

Incentives vs. Commitments (20494) 2 units. This seminar will engage readings in behavioral psychology and economics to access why people have trouble keeping commitments and what legal and nonlegal strategies might come to their aid. Enrollment limited to twelve. Scheduled examination or paper option. I. Ayres

[The] International Criminal Court: Prospects for Global Justice (20512) 2 units. This seminar will closely examine the activities of the International Criminal Court in its first five years of operation, including its first investigations and cases. The class will study, from a practitioner’s perspective, the strategies adopted by the Court and effects of the Court’s early work in zones of mass conflict, in courts and governments, and on perpetrators. The objective is to assess whether the Court is fulfilling expectations, to identify reasons that practice might be diverging from theory, and to assess the strengths and weaknesses of the emerging, global system of justice. The course will consider the roles played now and historically by domestic courts, human rights bodies, and ad hoc and hybrid tribunals, as well as states, international organizations, civil society, media, and academia. Paper required. Enrollment limited to fifteen. C.H. Chung

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 Armed Conflicts (20495) 3 units. This course will examine the international law issues which arise in relation to armed conflicts. One of the themes running through the course will be how international law regulates cross-border conflicts involving non-State actors. The course will be divided into three parts. It will begin by considering the international law rules which govern whether and when States are entitled to use armed force. This part of the course will examine the prohibition of the use of force contained in the UN Charter as well as the exceptions to that prohibition. In particular, the course will examine the scope of self-defense in international law (especially as it applies to attacks by non-State groups), as well as other claimed exceptions to the prohibition of the use of force—such as the doctrine of humanitarian intervention. The first part of the course will also examine the powers of the United Nations and regional organizations to authorize the use of force.

The second part of the course will examine the law that applies during an armed conflict and will address the distinction between the law applicable to international armed conflicts and that applicable to noninternational armed conflicts. In this part, students will also gain an overview of the “Geneva law” relating to the humanitarian protection of victims of war and the “Hague law” relating to the means and methods of warfare. In particular, the course will examine the distinction between international and noninternational armed conflicts, between combatants and civilians, as well as the law that applies to the conduct of hostilities.

The third and final part of the course will examine institutional aspects of international criminal law, i.e., the enforcement of international humanitarian law and other norms prohibiting human rights violations through criminal prosecutions. In this part, the course will consider the jurisdiction of the International Criminal Court as well as of other international and national courts to prosecute individuals for international crimes. Enrollment will be capped at twenty-five. Scheduled examination. D. Akande

Islamic Law and Ethics (20484)/PLSC 589aU/RLST 713a 2 units. An introduction to Islamic legal and ethical thought for advanced students of ethics, law, or political philosophy. The main aims of the course will be to survey the history of (Sunni) Islamic jurisprudence and positive law, to cover the main doctrines and debates on the epistemic status of legal-ethical knowledge and the hermeneutical and analytic methods for deriving it, and then to study in relative depth a single substantive problem in Islamic legal and ethical thought. The case study for fall 2008 will be apostasy in Islamic law. This course will meet according to the Yale College calendar. A.F. March

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.

Law and Globalization (20200) 2 units. As globalization has proceeded, new law and legal practices have emerged and existing legal systems are being transformed. The fall 2008 seminar will focus on constitutional pluralism in human rights adjudication and on how supranational and national courts interact with one another. The seminar will host seven or eight scholars, each of whom will present recent work, or work-in-progress. In 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

Law and Prosperity: Seminar (20505) 3 units. Many attempts have been made to explain why some individuals, ethnicities, societies, and nations outperform others. This seminar will explore these various explanations, examining for example the role of institutions, law, history, culture, birth order, and biology. SAW or substantial credit possible. Limited enrollment. Students who are interested in this course should submit written statements along with their bids during the limited enrollment bidding period and may also be invited to interview with the instructor. A. Chua

Law and the Reactive Attitudes (20496)/PHIL 701a 3 units. This course will explore the extent to which second-personal reasons and reactive attitudes contribute to our understanding of the law, its practices and central organizing concepts including the concept of law itself. Two examples the class will focus on are the relationship between concepts like blame, indignation and resentment in relationship to punishment, liability and contractual breach; and the general notion of obligation in its relationship to the idea of an authority to demand action and accountability. Paper required. Enrollment limited. J.L. Coleman and S. Darwall

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 the 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. J.J. Donohue, H. Hansmann, Y. Listokin, J.R. Macey, R. Romano, and H.E. Smith

Laws of War (20497) 1 unit. This course will explore the international legal regime governing armed conflicts. The course will provide an introduction to topics such as status determinations for POW and civilian detainees, protection of civilians during military attacks, and empirical studies of compliance with the laws of war. Students will be evaluated on the basis of (1) reaction papers on the course readings and (2) a short research project completed mid term. This course will meet on September 5, 12, and 19, and December 5 and 12. R. Goodman

*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. Its 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 will interview witnesses, collect documentary evidence, research legal issues, draft pre-trial 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.P. Blando

Legal Assistance (20107) 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 will also be available. Enrollment limited to eight. F.X. Dineen

Legal Issues in Corporate Finance (20507) 3 units. Depending on how a corporation raises its capital, the law treats the relationship between the corporation and its investors quite differently. This course will examine how such a relationship is formed and structured, how the courts have viewed and treated such a relationship, and what, if any, changes may be necessary in our and the courts’ perspective. Topics will include the rights of debt- and preferred stock-holders, including those of venture capital investors, and the legal aspects of mergers and acquisitions, including the stockholders’ voting rights and dissenting stockholders’ remedy. Prerequisite: Business Organizations. Self-scheduled examination. A.H. Choi

Legal Practicum (20008) 1/2 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. J.R. Macey

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 process by advancing—and defending—the interests of Connecticut public interest organizations (including other LSO clinics, and their clients). The primary client (Connecticut Voices for Children) is a key player on a broad spectrum of policy issues. Recent efforts have focused on public education, foster care, juvenile justice, health and state fiscal 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 develop a legislative agenda. Once issues have been chosen for action, students will research the subject, work with other partner organizations to help draft legislation, and meet with legislators. In the spring, students will work in partnership with their client organization to 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 willing to commit to participating for two terms. Enrollment limited. J.L. Pottenger, Jr., S.D. Geballe, and C.C. Staples

LGBT Rights Litigation (20480) 2 or 3 units, credit/fail. Students will conduct legal research and assist in drafting briefs and memoranda in cases pursuing the rights of lesbian, gay, bisexual and transsexual people. The principal source for these cases will be the American Civil Liberties Union LGBT Rights Project; there will also be opportunities to work in support of other LGBT rights organizations, such as the Sylvia Rivera Law Project, Servicemembers’ Legal Defense Network, and Immigration Equality. The substantive issues will include such matters as employment discrimination, marriage equality, student rights, religious and public discrimination, and HIV/AIDS discrimination. Enrollment limited. R.A. Burt and M.W. Alsdorf

Liman Public Interest Workshop: Detention (20324) 1 unit, credit/fail. People in various circumstances—from immigrants to children to criminal defendants to the mentally ill—face detention. This workshop’s theme will help explore comparatively—both across subject matters and countries—the rules and ideas behind detention, the conditions of confinement, the impact on communities, families, and individuals, the disparate impact on some racial and ethnic groups, and the alternative modes of response to concerns about safety and welfare.

One set of issues can be denominated “criminal” and includes the treatment of criminal defendants (pretrial and post-conviction), suspected terrorists (in Guantanamo and elsewhere), and individuals sentenced to death or life without parole. A second set of issues concerns so-called “civil” detention. Children, immigrants, mentally ill individuals, and sex offenders face detention through mechanisms outside of the criminal justice system. A final set of issues involves the ability of individuals to move out of detention and to “reenter” different communities or return to their homes.
Weekly readings will provide a background for discussions. Guest conveners will include public interest advocates, including current and past Liman Fellows, scholars, and public officials. J. Resnik and S.F. Russell

Local Government in Action: Workshop on Affirmative Litigation in the City of San Francisco (20498) 1 unit, with the option of additional units. This course will introduce students to local government lawyering. 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 work directly with attorneys from the Affirmative Litigation Division of the San Francisco City Attorney’s Office. Students will have an opportunity to brainstorm about potential lawsuits, work toward filing an actual lawsuit, and present ideas to the class and members of the City Attorney’s Office. Written work required. Permission of the instructors required. H.K. Gerken and G. Good Stefani

*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.W. Brundige

Military Justice (20030) 2 units. This course will explore the nature and function of military justice today. Topics will include constitutional rights of military personnel; court-martial jurisdiction and offenses; trial and appellate structure and procedure; collateral review; the roles of commanders, Congress, the Supreme Court, and the President; command influence; the role of custom; and punishment. Current issues such as those involving military commissions, command accountability, military justice on the battlefield, judicial independence, sexual orientation, adultery, fraternization, and the application of international human rights norms to military justice will be addressed. Throughout the course students will consider how the military justice system can be improved and what, if anything, can be learned from the experience of other countries. The text will be Fidell, Hillman & Sullivan, Military Justice: Cases and Materials (LexisNexis 2007). Self-scheduled examination. E.R. Fidell

Natural Resources Law (20446) 3 units. This course will examine the law of acquiring and controlling natural resources. The course will begin with the history of the federal public domain and a look at the constitutional, statutory, and administrative regimes that govern it. The course will then concentrate on specific resources, seeking to understand the practical challenges and diverse values present in their management. The course will consider topics such as water, forests, agricultural soil, minerals, wildlife (including endangered species), and the rising problem of managing ecosystems and the global commons of the earth’s atmosphere. In addition to the legal regimes governing these resources, the course will consider the political origins of the regimes, the attitudes toward the natural world that they express, and their prospects for reform in the future. Self-scheduled examination. J.S. Purdy

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 five or six times during the term. J.G. Simon, L.N. Davis, and B.B. Lindsay

[The] Origins of “Public” and “Private” (20510) 2 or 3 units. The categories of “public” and “private” organize much of our thinking about law, politics, and morality. This seminar will examine how the distinction between them has come to be mapped onto the institutions of our legal system and government. It will do so by (1) recovering an eighteenth-century American world in which the public/private distinction was arguably nonexistent and at best radically unsettled and (2) tracing developments since then. For instance, governmental office in the early republic possessed many of the attributes of exploitable property: officers lawfully pocketed fees for their services, were frequently liable for their expenses, and were fully exposed to damage actions for misuse of their powers; only later did salaries, expense accounts, and immunity become the norm. To take another example, the household originally served as an institution by which a man forcibly governed wife and children (as husband and father) and servants and slaves (as master) and voted on behalf of all these dependents; only gradually did family law become fully differentiated from workplace law, with both domains officially conceived as consensual, private, and unrelated to voting. Equally complex developments characterize the histories of criminal prosecution (from private to official initiation); incorporation (from special sovereign concession to general right); war making (from bounty-seeking militias and prize-seeking privateers to not-for-profit armies and navies); legislatures (from clearinghouses for individual claims to articulators of general rules); and the church (from established to not). The course will consider these and other examples in an effort to understand the historical struggles underlying a distinction that is now frequently taken for granted. Grades are based on class participation and writing assignments, which may be either (1) three papers, each 3,000 words, based on the readings and due over the course of the term, or, (2) a single, longer, research paper. Paper required. Enrollment limited to fifteen. N. Parrillo

[The] Philosophy of the Rule of Law (20215) 1 to 3 units. Civil law is codified authority. In the United States, the Rule of Law, perceived as regulator of both public (governmental) and private (corporate) bureaucratic activity, is the combination of separation of powers, federalism and the common law. Neither the federalism of two equally sovereign entities nor the combination of cooperation and competition that prevented the executive from dominating the other two branches has survived the processes of industrialization and the “reforms” of the New Deal unscathed. The Rule of Law, in short, is operatively reduced to belief in the common law version of precedent, the nuance that distinguishes common from civil law.

This course argues that reading a common law case for its precedential significance implicates one’s personal philosophy, the political ordering of the world in which democratic capitalist socioeconomic activity takes place. It has two parts. The first is an exercise in finding the precedent, reading an opinion not for the resolution of the dispute before the court, but for the contribution (if any) that resolution makes to the common law. The second involves analyzing one’s own conception of that process, how and why one believes the system works. This second part can thus provide the basis for a paper in the spring. J.G. Deutsch

Note: If you are interested in taking this course, please make sure that you have read the document online at www.law.yale.edu/inside/pdf/RegistrarsOffice/ThePhilosophyoftheRuleofLaw.pdf.

Political Theology (20128) 2 units. This seminar will explore the methodology and substance of a political theology of modernity, including its critique of liberal political theory. Readings will focus largely, although not exclusively, on several volumes of the instructor’s recent work. Paper required. Enrollment limited to twelve. P.W. Kahn

*Professional Responsibility and the Legal Profession (20012) 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 (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.W. Merrill

Property and Identity: The Case of “Race” and “Space” (20506) 2 units. A connection between property and identity is often asserted and often contested. This seminar will explore that theme on the basis of community-based racial exclusions from property ownership and use, focusing in particular on the period of legally enforceable racially restrictive covenants. Looking at their proponents, their opponents, and their aftermath, the seminar will address the questions among others: Why did racialized property take on such prominence in the early twentieth century? What underlying identity conceptions lie behind racialized space, as well as resistance to racialized space? How did racial conceptions of space figure in the “city beautiful” movement of the early twentieth century and in real estate development later? In what ways have different segments of the real estate industry promoted or discouraged racialized conceptions of property and space? How have efforts to racialize property and space played out in American legal norms, and how have those norms interacted with social norms of race and space? In addition, and along the way, the seminar will examine how religious, political and other social identities influence and are influenced by property. Paper required. Enrollment limited to fifteen. R.W. Brooks and C.M. Rose

Property, Social Justice, and the Environment (20202) 2 or 3 units. Private property is sometimes cast as the villain in social and environmental problems, but sometimes it is cast as the solution to the same problems. This seminar will explore the relationship of property to social and environmental concerns in the context of several past and present controversies over property rights. After a general introduction, topics may include the following: land titling programs in less developed areas; the consequences of development on pre-existing communities and on environmental resources; private wildlife rights, conservation easements, and debt for nature swaps; the deployment of tradable emission permits and habitat trading programs; community ownership of forests and other natural resource bases; and the expansion of intellectual property, particularly as this affects indigenous peoples or persons in less developed countries. While the seminar will search for common themes about the range, capacities, and limitations of property regimes, theoretical purity should not be expected in this overview; moreover, topics may change in response to particular student interest. The class will meet once a week until fall break. The remainder of the term will be devoted to research or reflection papers. Reflective paper required for two credits; research paper for three. Paper required. Enrollment limited to ten. C.M. Rose

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

Quantitative Corporate Finance (20208) 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

Regulating Love, Sex, and Marriage: Seminar (20379) 3 units. The current controversy about state recognition of same-sex marriage implicates broader issues of the justification for any state role in regulating the entry by adults into intimate, consensual relationships. In some contexts, state criminal sanctions have been used to prohibit such relationships—for example, prostitution, pornography exchanged between willing sellers and buyers, polygamous relationships, same-sex intercourse. In other contexts, state authority has been deployed to encourage some formats for such relationships without criminally prohibiting alternative arrangements—for example, restricting marriage licenses on various grounds (no same-sex, no mixed-race, no incest, no bigamy), or providing such financial incentives as tax benefits for preferred relationships. The seminar will explore and evaluate the justifications that have been advanced, both in past times and today, for such state regulations. Paper required. Enrollment limited to twenty. R.A. Burt

Remedies (20499) 3 units. This course will address what courts do for litigants who have been wronged or who are about to suffer legal wrongs. Topics include damages, injunctive relief, declaratory judgments, restitution, and punitive civil remedies. The course will particularly focus on the role of equity and equitable notions across the legal system. Scheduled examination. H.E. Smith

Research Methods in American Law (20470) 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 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 spring term. S.B. Kauffman, J.B. Nann, C. Tubbs, and T. Boone

Rights in Comparative Perspectives (20461) 2 units. This research seminar will deal—on a comparative basis—with human rights: their historical origins, their jurisprudential analysis, and their analytical structure. The course will consider specific rights (e.g., freedom of speech, dignity, social, economic, and cultural); positive rights and negative rights; rights under national constitutions and international documents; and rights and the battle on terror. Students will meet individually with the professor during the term to discuss their papers. Paper required. Enrollment limited. A. Barak

[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 nonjusticiability; 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 structures 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, and the rise of securitizations as an alternative to traditional methods of secured lending. 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

Six Books on Law, Religion, and Culture (20412) 3 units. This seminar will meet (roughly) every other week, and do what the title implies: read, and discuss in detail, six books relating, directly or (in a couple of cases) indirectly, to law and religion. The course is not designed to teach the law of the church and state, but no particular background is assumed. Readings will likely include, among others, Stephen Nissenbaum, The Battle for Christmas; Wole Soyinka, Death and the King’s Horseman; and Peter Charles Hoffer, The Salem Witchcraft Trials, in addition to several sermons from the Abolitionist era. Paper required on a topic in law and religion. Enrollment limited to about eight. S.L. Carter

Specialized Legal Research in Foreign and International Law (20196) 1 unit, credit/fail. 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 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 first half of the term. No prerequisites. Minimum enrollment of two required. S.B. Kauffman, J.B. Nann, C. Tubbs, and T. Miguel

*Supreme Court Advocacy (20431) 6 units (3 fall, 3 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 writing 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. B. Dignam, D.M. Kahan, A.J. Pincus, and C.A. Rothfeld

Topics in Advanced Constitutional Law (20502) 3 or 4 units.The seminar is designed for students who are seriously considering an academic career. Students will read scholarship on constitutional law and theory, with the aim of promoting student writing in the field. Sessions will include guest lecturers from the Yale public law faculty. The seminar will meet during Fall 2008 and reconvene for sessions at the end of Spring 2009, at which time students will be expected to have produced publishable manuscripts to present to the class in a workshop format. Students applying for admission should submit a developed paper topic or a completed student paper that they wish to revise for publication. Those enrolled in the seminar will earn between 3 and 4 units depending upon the nature of the writing projects they undertake. Paper required. Enrollment limited. R.C. Post and R. Siegel

Topics in Behavioral Law and Economics (20432) 3 units. This seminar will explore a set of “frontiers” issues at the intersection of law and human behavior, including people’s conduct under risk and uncertainty; the commitment to fairness; social influences and peer pressure; adaptation; happiness; discrimination; and judicial behavior. Some discussion will be devoted to the uses and limits of paternalism and to the ability of the legal system to accommodate and respond to what we know about human behavior. The course materials will consist of articles from the social science and legal literatures. Paper required. Enrollment limited. Please note that the course will meet every Wednesday but only on alternating Thursdays. C. Jolls

Topics in Intellectual Property Law: Trade Secrets (20501) 1 unit. This course will examine the law that governs the protection of trade secrets and other confidential proprietary information. This body of law, which lies at the intersection of patent law, information privacy law, and contract law, is typically given short shrift in intellectual property courses, notwithstanding the importance of trade secrecy protection in the increasingly information-based economy. The goal of this mini-course is to provide trade secrecy with more sustained attention. Most of the reading for the seminar will consist of trade secret cases, to be supplemented by some economic, sociological, and historical readings on trade secrecy protection. Students will be graded on the basis of short response papers and class participation. The course will meet on September 4, 9, 11, 16, and 18. Enrollment limited to twenty-five. L.J. Strahilevitz

Trusts and Estates (20096) 4 units. An introductory course treating the various means of gratuitous transfer of wealth--by will, by inter vivos transfer, and by intestacy: (1) the policy bases of inheritance and the changing character of intergenerational wealth transfer; (2) probate administration and procedure; (3) guardianship and custodial regimes for minors and for the elderly; (4) health-care decision making and the “right to die”; (5) the common will substitutes—gifts, joint accounts, joint tenancies, life insurance and pension plan beneficiary designations, revocable trusts; (6) intestate succession; (7) spousal protection and community property; (8) testamentary capacity and the requirements for executing and revoking wills; (9) distinctive constructional doctrines of the law of gratuitous transfers; (10) the creation and termination of trusts; (11) the duties of trustees, executors, and other fiduciaries; (12) charitable trusts and charitable corporations; and (13) basic features of federal and state transfer and inheritance taxation. Throughout the course the relevant portions of the Uniform Probate Code and the Uniform Trust Code will be studied. Scheduled examination. J.H. Langbein

[The] Two Bibles and Injustice: Seminar (20464) 3 units. The central event of the Christian Bible is an unjust act—the crucifixion of Jesus. Responding to injustice as such is thus a more explicit and pressing concern in the Christian than in the Hebrew Bible. For this very reason, it is instructive to explore contrasts between the treatments of injustice in the two texts; and the differing emphases on retribution versus forgiveness for wrongdoing is a specially rewarding subject for inquiry. At the beginning of the seminar, students will review some portions of the Hebrew Bible which have been explored in much greater depth in our seminar, The Book of Job and Injustice. (Participation in that seminar is not a prerequisite for enrollment though it will be a basis for preference in filling the limited slots.) The seminar will then proceed, for most of the term, to focus on close reading of the Christian Bible. At the conclusion of the seminar, students will explore the contrasting responses to injustice of the two Bibles (and, in particular, the competing roles of retribution and forgiveness) as applied to such contemporary issues as the application of the death penalty in the U.S. criminal justice system and the processes for transition from dictatorial to democratic regimes in Latin America and South Africa. Paper required. Enrollment limited. R.A. Burt and J.E. Ponet

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 2008. See spring course listings for full description. The clinic and fieldwork must be taken simultaneously in both terms. Permission of the instructor required. M.J. Wishnie, C.N. Lasch, and R. Kassem

Workshop on Chinese Legal Reform (20135) 1 unit, credit/fail; 2 or 3 graded units with paper. This workshop will 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, and J.M. Prescott

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Spring Term

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 their projects with theoretical readings and frequent contact with Information Society Project Fellows. Paper required. Substantial Paper credit available. Permission of the instructor required. Enrollment limited to ten. L.E. DeNardis and L.B. Shaver

Administrative Law (21048) 4 units. This course will review the legal, political, and historical foundations of the modern administrative state, focusing on the federal level. Topics will include administrative governance and the U.S. Constitution (procedural due process, separation of powers, and federalism), political oversight (legislative and executive), modes of administrative decision making (adjudication and rulemaking primarily), as well as particular issues associated with judicial review of administrative action (scope, availability, and timing). The aim of the course is to understand the development of administrative law over the last quarter century as part of a longer historical evolution, particularly since the New Deal. Casebook materials will be supplemented by readings from the secondary literature on administrative governance in the United States and elsewhere. Scheduled examination. P.L. Lindseth

Administrative State: Seminar (21559) 2 units. This course will examine the behavior of government agencies and the legal regimes governing them. Readings will come mostly from the scholarly literature, with some statutes and cases. Students will be asked to submit short reaction papers approximately every other week. Enrollment limited. C. Jolls

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 Civil Liberties and National Security Post-9/11 (21549) 1 to 3 units. A fieldwork-only option. Permission of the instructors required. H.H. Koh, M.J. Wishnie, J.M. Freiman, H.R. Metcalf, and R. Kassem

Advanced Civil Litigation (21516) 2 units. Open only to students who have taken the basic Trial Practice course. Enrollment limited to twelve. Permission of the instructor required. S. Wizner

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

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 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, and J.B. Nann

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 and 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 Worker and Immigrant Rights Clinic (21555) 1 to 3 units. A fieldwork-only option. Prerequisite: Worker and Immigrant Rights Clinic. Permission of the instructor required. M.J. Wishnie, C.N. Lasch, and R. Kassem

*Advocacy for Children and Youth (21387) 3 units, credit/fail. Students in this clinical seminar will represent children and youth in abuse, neglect, uncared for, potentially termination of parental rights cases 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 early twentieth century. The first third 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 examine the economic context of the framing of the Constitution, Hamilton’s financial system, Thomas Jefferson’s competing vision of political economy rooted in an agrarian (but radical and complex) ideal, and the creation of an American patent system. The second third of the course will examine the entrenchment of the slave labor system in the South, the early women’s rights movement and the changes in marital property law in the second half of the nineteenth century, and the emergence of the corporation as the dominant economic form. The final third of the course will focus on various legal responses to growing corporate power, and the emergence of the modern regulatory state. The course readings will consist of contemporary sources, recently published works, and the classics in the field. Self-scheduled examination or paper option. C. Priest

Antitrust (21068) 3 or 4 units. This course will survey a range of issues in the law and economics of antitrust. It will be concerned with horizontal agreements, monopolization, vertical arrangements, and mergers. There is no economics prerequisite for this course, but some background in the basic elements of microeconomics will be helpful. Students who would like to do some reading in microeconomics before taking the course should consult with the instructor about appropriate materials. A fourth unit will be available to students who complete a short paper in addition to the examination. Self-scheduled examination. A.K. Klevorick

Bankruptcy (21204) 4 units. This course will concern both business and consumer bankruptcies. It will ask: Why is a federal bankruptcy procedure necessary? What normative goals should animate that procedure? When should insolvent firms be reorganized rather than liquidated? What is the relation between an ex post insolvency law and the ex ante investment and other behavior of firms? How can a consumer bankruptcy law best resolve the tradeoff between insurance—the discharge—and incentives—holding people to their obligations? A casebook will form the basis of the readings, and there will be considerable stress on learning the law as well as the economics of bankruptcy. Examination. A. Schwartz

Business Organizations (21040) 3 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, exploring 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.” The course will then 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

Business Organizations (21274) 4 units. A survey of the law of business organizations, emphasizing the control, management, and financing of publicly owned corporations. The key problem for corporate law is one of agency relations—how to align management’s incentives with shareholders’ interests. The course will accordingly examine how legal rules, markets, and institutional arrangements mitigate, or magnify, the agency problem. Scheduled examination. R. Romano

*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), two-term commitment required; credit/fail in fall, with graded option in spring. Students will assist 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, and may participate in conferences with clients, witnesses and experts and investigations; and observe court proceedings. Weekly class sessions will include presentations and discussions of various aspects of capital cases such as mental health issues, jury selection, and scientific issues. Students must complete a substantial writing assignment, such as a portion of a motion, brief, or memorandum of law. The course is limited to students who took the course in the fall. Enrollment limited to eight. Permission of the instructor required. S.B. Bright and C.N. Lasch

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

Choice of Law: Theory and Practice (21522) 2 units. This seminar will deal with theoretical topics regarding choice of law, as it has developed over the last century. No prior knowledge of choice of law is required. Self-scheduled examination or paper option. Enrollment limited to fifteen. L. Brilmayer

*Civil Liberties and National Security Post-9/11 (21391) 3 units, credit/fail. This clinic addresses human rights and civil liberties issues arising out of government policies in the aftermath of 9/11. Students enrolled in the course work on ongoing cases on behalf of persons impacted by those policies, varying from civil actions to habeas representations to amicus briefs on key questions at the appellate and Supreme Court levels. Students also participate in a weekly seminar to address the substantive, practical, and ethical issues raised by the clinic’s cases and human rights impact litigation more 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 instructor required. Enrollment limited. First-term students must enroll credit/fail, and returning students may elect graded credits. H.H. Koh, J.M. Freiman, H.R. Metcalf, and R. Kassem

*Colloquium on Contemporary Issues in Law and Business (21502) 2 units. This course will bring leading members of the corporate bar, business, and investment communities, judges, and regulators, to the law school to discuss emerging practice and regulatory issues, as well as scholars from other institutions to present their ongoing research on corporate governance and finance. An aim of the colloquium will be to provide a realistic sense of the varieties of business law practice. Short papers required during the term. Prerequisite: Business Organizations. Enrollment limited. R. Romano

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 examination of Article 2 of the Uniform Commercial Code (sales), Article 2A (leases), Article 3 (commercial paper), Articles 4 and 4A (bank deposits, collections, and fund transfers), and Article 5 (letters of credit). 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.

*Community and Economic Development/Community Development Financial Institutions (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 and the role of financial institutions in community development and serving low income people. In addition to law students, the clinic is open to students from the Schools of Management, Divinity, Forestry and 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, 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, predatory and subprime lending, social entrepreneurship, and microfinance. Enrollment limited to twenty. R.A. Solomon, R.S. Golden, C.F. Muckenfuss, and S. Fazili

Comparative Sentencing Law: Research Seminar (21258) 3 units. This seminar will examine criminal sentencing, within the larger context of the criminal law regime and punishment practices, of various countries and regions throughout the world, drawing parallels where appropriate with sentencing laws, procedures, and practices in the United States. Particular attention will be given to recent changes in law or recent reform movements (such as sentencing guidelines of one form or another). The seminar’s focus will be on sentencing of routine and serious crimes, not on the issue of capital punishment.

This is an advanced research seminar. Students who enroll are encouraged to already have some experience with or other demonstrated knowledge of sentencing law in the United States and/or of comparative criminal law. Each student will examine and be expected to write a publishable paper on criminal sentencing in another country. The seminar will provide an opportunity for students to present their ongoing research to other seminar participants, and outside guests where appropriate, throughout the term. The seminar’s focus will include common law and civil code countries such as Great Britain, Canada, Australia, and Scotland; France, Germany, and Italy; Israel, South Africa, and Japan. The seminar will study systems whose sentencing law and practices derive from very different political and criminal law traditions, such as China. Permission of the instructors required. Enrollment limited. D.E. Curtis and N. Gertner

[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.

Constitutions and the Environment (21561) 2 or 3 units. A majority of nations’ constitutions contain express provisions pertaining to the protection of the environment or natural resources. In the United States, environmental law has not been similarly constitutionalized except insofar as certain limitations on environmental, health, and safety regulation emanate from the Takings Clause, the dormant Commerce Clause, and other constitutional doctrines. Using selected cases and secondary readings, this seminar will examine the interface between constitutions and the environment, construed broadly. Topics considered will include rights-based versus structural frameworks for environmental protection; standing, harm, and justice across boundaries; climate change and the separation of powers; the precautionary principle and the regulatory state; resource conflicts within and between nations; and matters of implementation, interpretation, and enforcement. The question lurking behind these discussions will be whether, and to what extent, the demands of the environment pose a distinct challenge to liberal constitutionalism. Class participation, oral presentation, and research paper required. No prerequisites. Enrollment limited to fifteen. D. Kysar

Contemporary Legal Issues in Africa (21139) 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

Contracts, Markets, and Social Unity (21562) 3 units. This seminar will investigate the way in which markets and the contracts through which they operate support unity in complex, pluralist societies. The seminar’s main idea is that markets, rather than being driven by fear and greed, are sites of social integration and that contract law supports this integrative ambition. The seminar will take aim at purely instrumental accounts of markets on the one hand and libertarian accounts on the other. It will seek, in place of these accounts, to recover markets and contracts for egalitarian liberalism, restoring their traditional place among the pillars of liberal legal and economic orderings. Readings will engage a range of disciplines, including law, philosophy, sociology, economics, and history. Paper required. Enrollment limited to sixteen. D. Markovits

Corporate Taxation (21524) 4 units. This course will deal with the tax considerations involved in the formation, operation, reorganization, and liquidation of corporations. It will analyze the relevant sections of the Internal Revenue Code and regulations and explore alternative directions that the law might have taken. From policy and practical perspectives, the course will examine the tensions between large and small businesses, corporations and individuals, managers and shareholders, profitable and unprofitable enterprises, and tax avoiders and the government. Prerequisite: Federal Income Taxation. Self-scheduled examination. A.H. Choi

Corruption, Economic Development, and Democracy (21042)/PLSC 714b 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 (3 units) or self-scheduled examination (2 units). Enrollment limited to fifteen. S. Rose-Ackerman

Criminal Law and Administration (21233) 3 units. An introduction to criminal law. Topics to be considered in detail include the law of homicide; the problem of intent; the law of rape; the special constitutional requirements applicable to criminal law; and the insanity defense. Scheduled examination. J. Rubenfeld

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

Democracy and Distribution (21578)/PLSC 287b/EPE 411b 2 units. An examination of relations between democracy on 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

*Domestic Violence Clinic (21551) 4 units, credit/fail. This clinic will offer students the opportunity to combine direct legal representation of survivors of domestic violence with community outreach and education. Students will provide comprehensive legal services to clients in a variety of civil matters including but not limited to immigration, family law, public benefits, and housing law cases. Students will conduct outreach at community-based organizations and provide trainings and know-your-rights presentations to community groups and agencies. The coursework will examine the legal, social, and policy issues involved in domestic violence lawyering. The clinic will focus on serving immigrant and low-income women. Students should expect to appear in court. Enrollment limited to ten. R.A. Solomon and C. Carey

*[The] Education Adequacy Project (21470) 3 units, credit/fail. This highly focused clinical course will represent a single client: the Connecticut Coalition for Justice in Education Funding (CJEF). CJEF is a broad coalition made up of municipalities, school boards, unions, nonprofit organizations, parent-teacher organizations, and other interested individuals and groups. CJEF seeks to reform Connecticut’s public school finance system to provide for greater levels of funding for education by establishing a minimum level of funding needed to provide an adequate education and to alleviate the burden on local municipalities to provide the bulk of education funding. The Education Adequacy Project will meet on a weekly basis to review the progress of the students as well as to discuss the substantive issues involved in CJEF’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 ten. R.A. Solomon, R.S. Golden, and A.A. Knopp

Education and the Law (21143) 3 units. The law suffuses—some would say suffocates—public and private elementary and secondary education. All three branches of government, at the state and federal levels, have a hand in every aspect of schooling—for example, what may be taught or not taught; who may teach (and under what conditions of employment); when and where students must or may say prayers, do drugs, speak their minds, and do other things; what process is due when students—or teachers—are disciplined or when students are held back; who will pay for the schools (and how much); with whom children of different races, religions, language skills, and conditions of disability will attend school (herein of special education and desegregation decrees, vouchers, magnets, charters, etc.); what testing regimes may be imposed—and with what consequences; and whether and when schooling can be compelled. These and other topics will compose this course. Self-scheduled examination or paper option. J.G. Simon

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 major empirical debates, the course will address 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 either instructor. For the final examination, students will write a “referee report” on an assigned empirical paper (take home). I. Ayres and J.J. Donohue

Entrepreneurship, Private Vehicles, and the Global Growth of Wealth (21519) 2 units. In a turbulent global economy, characterized by intense demands for growth and value distribution but with recurring scenarios of insufficient resources, stagflation, and depression, entrepreneurship and technological innovation emerge as critical variables; through their potential for growing wealth, they can shape the processes of international adjustment and avert zero-sum outcomes. Entrepreneurship and innovation can be facilitated or impeded by different private and quasi-private corporate forms: micro-lending, venture stage companies, private equity, hedge funds, and sovereign wealth funds. From the perspective of their potential for growth and macro-economic transformation, each of these private corporate forms will be examined for (a) its financial and legal mechanics; (b) its techniques of valuing assets; (c) its competitive strategy; and (d) in the aggregate, their impact on transnational law and world public order. Decision makers from the private and public sectors will participate in some sessions. Paper required. W.M. Reisman and P. DeSouza

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, regulatory negotiation, 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 80064b 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 and 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. D.S. Bryk

*Ethics in Literature (21563) 3 units. This seminar will consider questions of professional responsibility by reflecting upon ethical dilemmas presented in literature and then examining legal analogues. Students will read works by, among others, Dickens, Ishiguro, James, Lee, Sophocles, and Soyinka. Each student will write short essays about the readings, as well as a longer paper on a topic of choice related to legal ethics. Enrollment limited. S.L. Carter

Evidence (21142) 3 units. This course will examine the factfinding system operating in American courts and its epistemological, moral, and economic underpinnings. Scheduled examination. A. Stein

Executive Compensation (21571)/MGT 605b 2 units. Barely a day goes by without an executive compensation headline. From Grasso to Google, these headlines give life to the materials in this course. The income tax consequences of executive compensation are explored through the study of arrangements in effect at major corporations or headlined in the “news of the day.” The course will cover nonqualified deferred compensation; rabbi and secular trusts; restricted stock and restricted stock units; incentive and nonqualified stock options; SARs; the deduction limits of Section 162(m); and golden parachute payments. This course will also provide a guide through the maze that confronts the executive compensation practitioner including financial accounting, ERISA, securities laws, stock exchange requirements, shareholder activism, Congressional responses to perceived compensation “excesses” and corporate law. Mock presentations to the class as the Board of Directors of real life cases will permit the student to test his or her vote against the triumphs and tragedies of others. While the class focuses on the taxation of executive compensation, the class is also very relevant to lawyers intending to practice in the corporate governance, mergers and acquisitions, or securities law areas. For management school students, the course will assist in understanding basic tax concepts, the components of executive compensation in public companies, and the manner in which that compensation is determined. No prerequisites. Scheduled examination. A.R. Susko

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, domestic violence, reproductive technologies, and other areas as time permits. The course will investigate the question of whether to conceptualize family relationships in light of contract or status, a question which has important implications for the current debate over same-sex marriage. Issues of gender, race, sexuality, and class will arise in many of the areas studied over the course of the term. Focus will also be on the interplay between state family law and federal constitutional law, particularly equal protection and substantive due process doctrines. Where appropriate, consideration will be given to the usefulness of psychological and child development research for laws and public policies relating to families. Scheduled examination. A.C. Dailey

Federal Courts (21210) 3 units. This course will look at the jurisdiction of the federal courts as established by Article III and congressional legislation, the relationship of the federal courts to the other branches of government, and the interplay of federal courts with the state judicial systems. It will include close consideration of the constitutional, statutory and judge-made doctrines that shape the jurisdiction of the federal courts in our system of government, as well as the historical context from which these doctrines emerged. Particular attention will be paid to the constitutional principles of federalism and the separation of powers, and to competing views of the normative role of federal courts—and courts generally—in a liberal democracy. A series of topics relating to federal courts will be examined, including congressional control over federal court jurisdiction; the constitutionality of legislative courts and military tribunals; Supreme Court review of state court decisions; removal and federal habeas corpus; federal question jurisdiction; federal common law; sovereign immunity and the eleventh amendment; actions against state governments; and abstention doctrines. Throughout the course, consideration will be given to the role of federal courts in interpreting and applying international law. No credit/fail option. Scheduled examination. A.C. Dailey

Federal Income Taxation (21050) 4 units. An introductory course on the basic rules and policies applicable to all taxpayers including individuals and corporations. Beginning with an introduction to major tax policy themes, the course will examine the definition of income, recovery of basis, business and personal deductions, timing issues, attribution of income, and capital gains. The course will emphasize a close reading of the statute along with policy analysis. No prerequisites. Scheduled examination. H.E. Abrams

History of the Common Law: Procedure and Institutions (21531) 3 units. An introduction to the historical origins of Anglo-American law, with particular emphasis on the development of criminal and civil procedure in the centuries before the American Revolution. 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 varieties of jury control; (2) civil justice—the forms of action and the pleading system; attorneys, bar, and bench; the regular and itinerant courts; legal education, law reporting, and the legal treatise; Chancery, the trust, equitable procedure and remedies; the deterioration of Chancery procedure; the reform of Chancery and the fusion of law and equity; the drafting of the Federal Rules of Civil Procedure; the codification movement; historical perspectives on the scope of the right to civil jury trial under the Seventh Amendment; (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; 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; summary jurisdiction, bench trial, and plea bargaining. Duplicated materials, consisting of original historical sources and extracts from scholarly writing. Self-scheduled examination. J.H. Langbein

Human Rights Workshop: Current Issues and Events (21193) 1 unit, credit/fail. Conducted in workshop format and led by Professor 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. The workshop is open to the entire community. Those who would like to receive credit will be asked to write several reaction papers and to take responsibility for beginning the discussion. 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 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 their case work. 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) regulation of virtual worlds, social software, and search engines; (3) how the Internet and digital networks affect politics and journalism; (4) open source and the political economy of information production; (5) emerging conflicts between intellectual property, freedom of speech, and new business models; (6) access to knowledge and international intellectual property; and (7) the use of new information technologies as methods of control and surveillance. Self-scheduled examination or paper option. J.M. Balkin

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 Commercial Arbitration (21283) 3 units. International arbitration has increased as a function of world trade. This seminar will examine systematically, through statutes, rules, national and international cases, and treaties, the establishment, operation, and implementation of awards of international commercial arbitration tribunals; the role of national courts in compelling, facilitating, and enforcing or vacating arbitral awards; and policies currently under consideration for changing arbitral practices. Scheduled examination. W.M. Reisman

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

International Human Rights: Law and Policy (21009) 4 units. An introduction to the law, policy, theory, institutions, and practice of international human rights. Scheduled examination and short paper. H.H. Koh

Introduction to Microeconomic Theory for Law Students (21532) 3 units. This course will develop the essential microeconomic principles of resource allocation. Topics will include consumer choice, firm production, market behavior—i.e., price and wage determination in different market structures—and the economics of uncertainty and information. This is not a law and economics course, although some legal applications will be presented to explore strengths and limitations of the theoretical models. Problem sets and examination required. No prerequisites. Not recommended for students who have already taken an intermediate microeconomics course. Self-scheduled examination. R.W. Brooks

Judges and Judging (21564) 2 or 3 units. An investigation of the judicial role and the process of judicial decision-making in a constitutional democracy. The inquiry will be interdisciplinary, looking beyond law to historical, comparative, and philosophical materials. Questions will include the relationship of judicial to political authority, the nature of judicial reasoning, and the ethics of judging. Paper required. Enrollment limited to twenty. P.W. Kahn

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.

Land Transactions (21228) 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. Scheduled examination. Q. Johnstone

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. J.J. Donohue, J.R. Macey, R. Romano, H.E. Smith, and A. Schwartz

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 (the seminar will discuss 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

Law and Globalization (21508) 2 units. As globalization has proceeded, new law and legal practices have emerged and existing legal systems are being transformed. The focus of the spring 2009 seminar will be on multinational corporations and the choices they make (or do not make) to be “good corporate citizens,” for example with respect to human rights and environmental protection. The seminar will host seven or eight scholars, each of whom will present recent work, or work-in-progress. In off-weeks, the seminar will read and discuss texts selected by our 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. D.C. Esty and A. Stone Sweet

Law and History (21579) 1 to 3 units. Procedure is a required course because law, like science, is in the end a matter of faith in a connection between a given process and truth. At its best, history, like law, is art as well as science. Rather than applying received truth to a particular instance, history attempts to reconstruct that instance, to determine why something happened. This research seminar attempts to apply the skills of a litigator to historical questions, aware that a persuasive answer must deal with the possibility of a set of facts different from those the author believes happened. J.G. Deutsch

Law and Psychology: Wrongful Convictions (21575) 2 units. This course will offer an application of experimental psychology to law, focusing specifically on the intersection of legal- and basic-psychological research with the criminal justice process. The research will be used to illuminate causes of mistaken verdicts, primarily, wrongful convictions. Topics to be covered include eyewitness identification, witness memory for events, police investigation and interrogation, detection of deceit, and jury decision making. Special attention will be devoted to discrepancies between how these topics are viewed from the legal and experimental perspectives. This course will be taught over the first half of the term, ending at spring break (4 hours per week, for 7 weeks). Self-scheduled examination or paper option. D. Simon

[The] Law and Regulation of Banks and Other Financial Intermediaries (21171) 3 units. This course will begin with an overview of the business of banking and the role of financial intermediaries such as hedge funds, investment banks, insurance companies, mutual funds, and private equity funds. The course will move from there to a treatment of historical, political, and economic perspectives on banking and financial intermediaries. The course will then discuss entry into the business of banking; the Dual Banking System; corporate governance of banks, activities restrictions and limitations on investments; the regulation of deposit taking; safety and soundness regulation and prudential restriction on bank activities; consumer protection and lend liability; mutual funds; consumer protection and capital requirements; insurance and securities powers of banks and nonbanks; affiliations between banks and other companies; examination and enforcement issues; bank failure; and international banking. Self-scheduled examination. J.R. Macey

[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, adaption 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. D. Kysar

[The] Law of Democracy (21567) 4 units. This course will offer a survey of the law governing the American political process. It will examine the principles that shape our political institutions and the relationship between democratic procedures and contemporary politics. Topics will include the Voting Rights Act, political and racial gerrymandering, the regulation of political parties, direct democracy, Bush v. Gore, and alternative electoral systems. Enrollment limited to eighty. Scheduled examination. H.K. Gerken

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 students fluent in Spanish or French are welcome, 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

Legislation (21227) 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 begins 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. Scheduled examination. T.W. Merrill

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 process by advancing—and defending—the interests of Connecticut public interest organizations (including other LSO clinics, and their clients). The primary client (Connecticut Voices for Children) is a key player on a broad spectrum of policy issues. Recent efforts have focused on public education, foster care, juvenile justice, health and state fiscal 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 develop a legislative agenda. Once issues have been chosen for action, students will research the subject, work with other partner organizations to help draft legislation, and meet with legislators. In the spring, students will work in partnership with their client organization to 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 willing to commit to participating for two terms. Enrollment limited. J.L. Pottenger, Jr., S.D. Geballe, and C.C. Staples

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. 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 work directly with attorneys from the Affirmative Litigation Division of the San Francisco City Attorney’s Office. Students will have an opportunity to brainstorm about potential lawsuits, work toward filing an actual lawsuit, and present ideas to the class and members of the City Attorney’s Office. Written work required. Permission of the instructors required. H.K. Gerken and G. Good Stefani

*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 instructor required. M.J. Wishnie and E.W. Brundige

Media Law (21580) 2 units. Considering specific problems that illuminate the challenges of applying traditional journalistic values and core free speech principles to modern complexities, this course will examine the issues journalism faces in an age of globalism, national security concerns, corporate consolidation, and the Internet. How relevant and protective is the traditional conception of the First Amendment in a time of urgent domestic and international security concerns? What does press freedom mean in an era when journalists are likely to work for large corporations with multiple interests and agendas, or when their “colleagues” include anonymous civilian bloggers? Which laws and which protections apply in a world in which “publishing” now means communicating instantaneously with people around the world? Each session will be devoted to a specific issue raised by these kinds of questions. Although it is not an absolute prerequisite, those who have taken a core First Amendment course are likely to be granted preference in admission. Enrollment limited to thirty. Self-scheduled examination. F. Abrams, S. Brill, and A. Liptak

Native American Law (21581) 3 units. This course will explore the evolving legal response to the presence of indigenous people in the United States. The responses have produced a relationship that implicates issues of federalism, the complex understanding of domestic colonialism, and international law, inter alia. Unfortunately, because of time constraints the course will not be able to investigate the contemporary role of international law, especially international human rights law, in structuring the relationship of indigenous people to the state. Nonetheless, ideas from international law are foundational in the construction of a constitutional space for a people who were defined out of the polity at its construction. The course will spend a lot of our time thinking about the structure and implications of the legal relationship including its political instantiation in the trust doctrine. This will necessarily entail consideration of ideas of sovereignty. The course will also consider the role of law (especially in a precedent-driven system) that has to span wild swings in policy toward indigenous peoples that range from assimilation to extermination. For those interested, the instructor can suggest a wide assortment of background reading that helps make sense of what the early American courts were trying to do in the context of the legal theory they inherited. Self-scheduled examination or paper option. G. Torres

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 solving ongoing legal problems—organizations that cannot afford to retain private counsel. The class will meet as a group five or six times during the term. J.G. Simon, L.N. Davis, and B.B. Lindsay

Partnership Taxation (21582) 3 units. This course will cover all of the major issues in the life of entities taxable as partnerships (including general partnerships, limited partnerships, and limited liability companies). Detailed consideration of the statute and regulations will be required as the class covers formations, tax allocations, leveraged and unleveraged distributions, and dispositions of partnership interests. An important advanced business course, this class is especially useful for those interested in income taxation, real estate transactions, and equity fund work. Federal income taxation is a prerequisite (or permission of the instructor must be obtained). Scheduled examination. H.E. Abrams

Patent Law (21312) 3 units. This course will provide an introduction to patent law and policy, with an emphasis on the central elements of this branch of intellectual property. These include patentable subject matter, utility, statutory bars to patentability, novelty, nonobviousness, disclosure and enablement, infringement, defenses, remedies, and the examination process. The course will also examine the implications of and justifications for protecting intellectual property generally, and patents in particular. No technical background will be assumed. Scheduled examination. H.E. Smith

Prison Legal Services (21237) 3 units, credit/fail. Students in this clinical seminar will provide legal assistance to inmates at state prisons. The weekly class sessions will focus on prisoners’ rights, readings about prisons and punishment, and current Legal Services Organization cases. The seminar will also concentrate on developing professional responsibility through weekly seminar and supervision sessions, plus at least twelve hours each week of required client work, including interviewing, investigating, counseling, and drafting of court papers. Where possible, the student’s representation of inmate clients, under attorney supervision, will include court appearances and administrative hearings. Enrollment limited to six. B. Dignam and H.V. Zonana

Privatization (21583) 2 or 3 units. When the state performs a task, it has a choice between at least two kinds of agents: employees and contractors. This seminar will examine a variety of governmental tasks to consider how that choice is—and ought to be—made. Particular attention will be paid to how employees and contractors differ in terms of their motivations (pecuniary and otherwise) and constraints (legal and otherwise). The course will cover both general theoretical issues and particular case studies, including the recent outsourcing of welfare administration, prison management, and aspects of military combat. Paper required. Enrollment limited to fifteen. N. Parrillo

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 of the course 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 to cooperation among neighbors; and eminent domain, zoning, and other tools of public land-use regulation. Enrollment will be capped at ninety. Scheduled examination. R.C. Ellickson

Property (21409) 4 units. This course will examine how members of a society allocate, and should allocate, formal and informal claims on scarce resources such as land, water, labor, knowledge, and the atmosphere. In addition to core doctrines governing land ownership, the course will examine natural resources, intellectual property, and ownership of human bodies and labor, considering how and why they resemble and differ from one another. The course will also look at the role of all these types of property in visions of constitutional order, both in the text and doctrine of the United States Constitution and in broader images of democratic society. Enrollment will be capped at ninety. Self-scheduled examination. J.S. Purdy

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

Public Order of the World Community II (21460) 2 units. Using the framework of Public Order of the World Community I, the focus will be on state responsibility, treaty making, diplomacy, the law of war and jurisdiction. Scheduled examination or paper option. L. Brilmayer and W.M. Reisman

Representative Government, the Administrative State, and Social Change, 1860s-1950s (21569) 3 units. Industrialization, urbanization, mass migration, bureaucratization (both public and private), imperialism, economic depression, genocide, and total war—all these combined to make the 1860s–1950s a century of extraordinary social and political upheaval throughout the North Atlantic world. This seminar will survey responses in the public law of four leading states in the region (Britain, France, Germany, and the United States), with an emphasis on pre-1918 developments. The seminar will examine different conceptions of political representation, the extension of suffrage (“democratization”), as well as how, in reaction to social change, public law became a realm of contestation in the transformation of “representative government” into more diffuse forms of “administrative governance” over the course of late-nineteenth and early-twentieth centuries. Readings will include material from, among others, Mill, Rosanvallon, Eley, Polanyi, Chandler, Skowronek, Weber, Duguit, Kennedy, and Schmitt. Because of the scope of the course, as well as the lack of comparative-historical syntheses on several of its core questions, the weekly readings will often need to be divided among the students, who will in turn be asked to do periodic individual presentations on their assigned material (the total number depending on course enrollment). In addition, students will be expected to submit either: three responsive papers of at least 2500 words each, due over the course of the term; or, if preferred, two shorter reaction papers of at least 750 words (again due over the course of the term), as well as a more extensive research paper of at least 6000 words due at the end of the term. Paper required. Enrollment limited to twenty. P.L. Lindseth

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 three 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, C. Tubbs, and T. Boone

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

Sources of Environmental Law (21570) 2 units. Problems such as climate change, water scarcity, and the global food supply have the potential to redefine environmental law and politics. Approaches to these problems are inevitably framed by ideas about how environmental change happens: does it express self-interest or more complicated cultural values, institutional structure or social-movement politics? If the answer is “It depends,” what does it depend on? The seminar will take a historical approach to these questions, examining the political and cultural contexts in which some of our major environmental regimes arose. This inquiry will be motivated by the more general issue of how environmental change happens and the concrete question of where to look for sources of change in addressing today’s defining environmental problems. Enrollment limited. Self-scheduled examination or paper option. J.S. Purdy

Specialized Legal Research (21487) 1 unit, credit/fail. This course is an optional continuation of Research Methods in American Law, which is a prerequisite for enrollment. The course will meet twice weekly during the second half of the term. Students will learn how to use print and online legal resources effectively to research in such specialized areas of the law as tax or immigration law. Students will be required to complete a series of short research assignments. Prerequisite: Research Methods in American Law or permission of the instructors required. Minimum enrollment of two required. S.B. Kauffman, J.B. Nann, C. Tubbs, T. Boone, T. Miguel, M. Chisholm, and E. Ma

*Supreme Court Advocacy (21262) 6 units (3 fall, 3 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 writing requirement. The course demands a significant time investment that is not recommended for students with other time-intensive commitments. Enrollment limited. Permission of instructors required. B. Dignam, A.J. Pincus, and C.A. Rothfeld

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

[The] Vanishing Trial: Seminar (21573) 3 units. The federal and state constitutions contain broad guarantees of the right to jury trial in both civil and criminal procedure. The drafters envisioned that jury trial would be the routine procedure for resolving most lawsuits. Today, not only jury trial but any trial is increasingly exceptional. Most of the civil and criminal caseload of American courts is now resolved in the pretrial process, without trial. This seminar will examine what is known about why, when, and how trial began disappearing. The seminar will examine both modern empirical and theoretical work, and legal historical literature. The main focus of inquiry will be on the origins and operation of plea bargaining and other diversion practices in the criminal process, and in civil procedure, on the origins and effects of the uniquely American pretrial deposition and related motion practice. Other topics include developments in alternative dispute resolution (ADR), especially arbitration; administrative procedure; and probate procedure. Comparative law materials dealing with comparable trends in Germany and the United Kingdom will also be studied. Paper required. Enrollment limited to twenty. Permission of the instructor required. J.H. Langbein

*Worker and Immigrant Rights Advocacy Clinic (21324) and Fieldwork (21540) 2 units, credit/fail, with a graded option for each part (4 units total). Students will represent immigrants and low-wage workers in Connecticut in labor, immigration, trafficking, and other civil rights areas, through litigation for individuals and nonlitigation advocacy for community-based organizations. In litigation matters, students will handle cases at all stages of legal proceedings in Immigration Court, U.S. District Court, and other state and federal fora. The nonlitigation work will include representation of grassroots organizations in regulatory and legislative reform initiatives, media advocacy, strategic planning, and other efforts. Examples of recent WIRAC matters include representation of low-wage restaurant workers in federal wage-and-hour litigation, removal defense for persons detained in mass immigration arrests of day-laborers in Danbury and residents of New Haven, assistance to the United Auto Workers in their effort to organize Foxwoods casino workers, and representation of community organizations advocating for progressive local immigration and worker policies in New Haven, Hartford, and the state. The seminar portion is a practice-oriented examination of advocacy on behalf of workers and noncitizens and of social justice lawyering generally. Seminar topics include immigration law, labor and employment law, briefcraft, oral advocacy, negotiation, public policy framing, and lawyering in a diverse society. The course will be a two-term offering (four credits each term). The clinical course and fieldwork must be taken simultaneously in both terms. Enrollment limited. M.J. Wishnie, C.N. Lasch, and R. Kassem

Work and Gender (21577) 4 units. This course will examine how workplaces, jobs, and workers come to be structured along gendered lines. The class will read theoretical accounts, empirical studies, ethnographies, and legal cases to obtain an understanding of the mechanisms through which work becomes gendered. Among the questions the course will address are: Does the workplace reflect or rather actively reproduce gendered social relations and identities? What is the relationship among wage work, citizenship, and gender? How do structural features of organizations tend to reproduce sex segregation and gender harassment? How should we understand the relationship between gender and sexuality at work? Which theories ground past and present interpretations of the law’s ban on sex discrimination? Which theories should do so? The representation of gender and work in the popular media will also be explored, through an accompanying, required in-class film series. Scheduled examination. V. Schultz

Workplace Theory and Policy Workshop: New Directions in Labor and Employment Law (21415) 3 units. This seminar will bring to the Law School a number of scholars and lawyers who are doing cutting-edge work in labor and employment law. Through an examination of their work, the seminar will critically examine work and work-related institutions from theoretical, legal, and policy perspectives. It will examine recent transformations in work, employment, and workplaces, explore the regulation of employment and other forms of work, and analyze ways to restructure work and work-related institutions. The speaker’s paper (if there is one) will be circulated a week before the class and discussed during class time. Students will read, discuss, and write reflection papers on the works-in-progress produced by the guest speakers. There may also be an opportunity to meet with some of the speakers informally. The workshop should be of interest to students who are interested in labor and employment law and to students interested in social justice and equality more broadly. Faculty members who are interested in a given week’s topic are also welcome to participate. Enrollment limited to twenty-five. V. Schultz

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, and J.M. Prescott

World Constitutionalism (21576)/PLSC 614b 2 or 3 units. Beginning with the American, French, and Latin American Revolutions, the idea of Enlightenment constitutionalism has swept the world—with vastly different consequences in one or another political culture. This seminar will aim to place this world-historical process of adaptation and repudiation into perspective, encouraging students to use their understanding of one or another national history as source for comparative insight. Some places will be reserved for graduate students from Political Science. Paper writing will be encouraged. More ambitious papers will earn additional course credit. Enrollment limited to eighteen. Self-scheduled examination or paper option. B. Ackerman

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