Course Offerings

Fall Term

First-Term Courses
Constitutional Law I (10002). 4 units. A. Amar (Section A), P. Gewirtz (Section B), J. M. Balkin (Group 1), P. W. Kahn (Group 2), N. K. Katyal (Group 3), J. Rubenfeld (Group 4), K. Yoshino (Group 5).

Contracts I (11001). 4 units. L. Brilmayer (Section A), A. T. Kronman (Section B), I. Ayres (Group 1), R. W. Gordon (Group 2), D. Markovits (Group 3), J. Q. Whitman (Group 4).

Procedure I (12001). 4 units. O. M. Fiss (Section A), W. N. Eskridge (Section B), H. L. Dalton (Group 1), J. Resnik (Group 2).

Torts I (13001). 4 units. G. Calabresi (Section A), A. K. Klevorick (Section B), P. H. Schuck (Section C).

Advanced Courses
Addiction and the Law (20234). 2 units. This course will explore the legal system's complicated and sometimes apparently contradictory responses to the problem of addiction in America. The course will identify recurring themes in the national dialogue relating to addiction, including themes that are no longer articulated freely in the public square but which nonetheless continue to resonate with policy makers. The course will consider the role of gender, race, and class in the national response to addiction. The course will also consider the tension between two key trends: the trend toward medicalization; and the trend toward radical criminalization. There will be a paper requirement, with papers to be prescriptive. Enrollment limited to twelve. F. Lopez.

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 delegation doctrine, judicial review of the procedures and substance of administrative action, the organization of the executive branch, and liability for official misconduct. Scheduled examination. Enrollment limited to fifty. J. L. Mashaw.

Administrative Law (20294). 4 units. A course on the behavior of administrative agencies and their interaction with courts and legislatures, emphasizing the contributions of social science. In addition to studying some of the procedural issues of primary concern to reviewing courts, the course will consider the use of economic and scientific expertise in helping to determine agency choices and will analyze several recent proposals for reform of the administrative process. The course will blend substantive policy issues with procedural questions by focusing on the regulation of health and safety and the environment. Take-home examination. S. Rose-Ackerman.

Adversary Justice and Its Excesses (20041). 2 or 3 units. This seminar will scrutinize our acceptance of the adversarial ideal in the administration of justice. First, our system of criminal and civil justice will be put in perspective by looking at the experience of countries that use a nonadversarial approach. The less adversarial style of British justice will also be surveyed. Then the course will focus on some widely accepted but questionable aspects of our variant of the adversarial method. The class will also inquire into the reasons our procedural and evidentiary arrangements differ so widely from approaches of the great majority of contemporary legal systems. Is the layperson's distaste for many prominent features of our trial and pretrial procedures unjustified? The seminar will end with the discussion of possible roads to reform. Paper or examination option. M. R. Damaska.

Advocacy for Parents and Children (20015). 3 units, credit/fail. Students in this clinical seminar will represent parents and children in abuse, dependency, uncared for, and termination of parental rights cases, all in the Superior Court for Juvenile Matters, and in related special education matters. Class sessions will focus on substantive law, ethical issues involved with representing parents and children in these contexts, interviewing and lawyering skills, case discussions, and issues relating to state intervention into the family. Weekly class and supervision sessions to prepare students for case work (averaging ten to twelve hours weekly). Enrollment limited. J. K. Peters.

Advocacy for People with Disabilities (20006). 3 units, credit/fail. A clinical seminar, involving classroom and fieldwork, concentrating on the representation of individuals with disabilities. The class will specialize in advocacy for children, adolescents, and adults in special education, mental health, Americans with Disabilities Act cases, and mental retardation cases but will also represent adults and children with physical disabilities. Students, under attorney supervision, will represent clients in negotiations with state and municipal agencies, in administrative hearings, or in court proceedings, in efforts to secure clients' rights to education, treatment, liberty, or benefits. Class sessions will focus on the development of lawyering skills and on legal and ethical issues arising in the areas of representation provided. Enrollment limited. C. L. Lucht, S. Wizner, and H. V. Zonana.

Analyzing Corporate and Securities Law (20025). 3 units. This course consists of four written exercises, using legal reasoning to explore corporate and securities law as a behavioral control device. The attempt is to analyze appellate decisions and assess the effectiveness of both the doctrine and the particular holding in each case. Each exercise will involve sharing a memorandum with all members of the seminar and, after discussion of the memoranda, producing a paper, which will be graded. A knowledge of business terminology, as well as corporate and securities law, is assumed. Paper required. Enrollment limited. J. G. Deutsch and W. C. Baskin, Jr.

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 will normally go through several drafts. Prerequisite: History of the Common Law or evidence of comparable background in legal history. Permission of instructor required. J. H. Langbein.

Antidiscrimination Law (20235). 3 units. This survey course will examine the roles that the Constitution and federal civil rights laws play in defining general antidiscrimination principles and in remedying discrimination specifically in employment, education, voting, housing, and the administration of justice. It will also explore the challenges that the increasingly multiethnic, multicultural composition of American society poses to conventional ways of thinking about antidiscrimination law. Examination. D. S. Days, III.

Bankruptcy (20247). 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 (20219). 4 units. An introduction to the law governing business organizations. We will examine agency, partnership, and corporations (with particular attention to publicly held firms). The focus will be on how legal rules, markets, and institutional arrangements mitigate or magnify agency costs-aligning (or not) managers' incentives with owners' interest. Examination. J. Arlen.

Business Organizations (20224). 4 units. A basic introduction to the law of business organizations. A central problem for business organizations is that a firm's managers and owners have conflicting interests. We examine the costs associated with this conflict (called agency costs) and how markets, legal rules, and contracts might reduce them. We focus on publicly held corporations, their financing, control, and conflicts, but also consider agency and partnerships. We examine some empirical evidence about why and how law affects firm value. Examination. R. Daines.

Business Organizations: Directed Research (20225). 1-3 units. Research and writing on theoretical or empirical topics to be agreed upon. Substantial Paper or Supervised Analytic Writing credit available. Prerequisite: Business Organizations (may be taken concurrently). Permission of instructor required. R. Daines.

Capital Punishment: Race, Poverty, and Disadvantage (20250). 3 units, credit/fail. This course will examine the process of imposing the death penalty, with emphasis on the problem of poor people and members of racial minorities who face the death penalty. It will address the influence of race, poverty, politics, and the passions of the moment in the determination of sentence; judicial independence; prosecutorial discretion; the exclusion of minorities from participation as jurors, judges, prosecutors, and attorneys in the criminal justice system; the appropriateness of the death penalty for mentally retarded, mentally ill, and other disadvantaged persons; and other issues involving the powerlessness of many of those who face the ultimate sentence. Paper required. Enrollment limited. S. B. Bright.

Capital Punishment: Seminar in Advocacy (20251). 4 units (2 fall, 2 spring), credit/fail. This course is limited to students taking (or who have taken in the past) Capital Punishment: Race, Poverty, and Disadvantage. Working in teams, students will analyze issues in pending capital cases, conduct research, have discussions with the instructor, and complete a substantial writing assignment, such as a petition for certiorari to the U.S. Supreme Court or a portion of a motion, brief, or memorandum of law. Enrollment limited to twelve. S. B. Bright.

Communications Law (20252). 3 units. The purpose of this course is to provide a solid basis from which to understand the emerging regulatory framework of the new communications environment. The first part of the course will track the development of communications law in the twentieth century. We will look at the regulation of broadcast, telephony, and cable through industry-specific law, primarily FCC regulation, and through other areas of law, primarily First Amendment and antitrust. The second part of the course will survey selected contemporary choices about how information production and exchange is structured by communications law. We will consider regulatory choices regarding access to both physical and logical infrastructure, radio spectrum market design, the meaning of "the public interest," and regulation of the digitally networked environment. Throughout the course we will consider how law affects the markets in which organizations produce and exchange information, and how it is affected by them; how law affects technological constraints within which information is produced and exchanged, and how technology shapes law; and how the combined effect of direct regulation, technology, and market structure affects who gets to say what and to whom. Take-home examination or paper option. Y. Benkler.

Community Legal Education Radio Show (20129). 1 unit, credit/fail. The Community Legal Education Radio Show ("Law Talk") is a weekly radio program discussing legal issues important to the New Haven community, broadcast on 94.3 WYBC-FM, a Yale-affiliated and highly rated commercial station in New Haven, every Sunday at 7 p.m. The show is typical talk-show format, with two law student hosts asking questions of and taking calls for several expert guests who are generally practicing attorneys, professors, or local or state officials. Members of "Law Talk" meet at least weekly to discuss potential topics and guests. Producers for a particular show will contact, book and confirm guests, discuss the topics with them, read through some literature on the subjects, prepare questions for use by the show's hosts, and review them with the guests. Hosts participate in this process, but spend several hours before each show with the producers, getting "up to speed" on the topic and guests. Finally, in addition to their duties as producers, the executive producers schedule meetings and deal with publicity, as well as with WYBC and the Law School administration.

To receive 1 credit for the Community Legal Education Radio Show, participants should spend an average of five hours a week on the show. Because only a limited number of participants can be involved in any particular show, the requirement is seventy hours for the term. R. A. Solomon.

Community Legal Services (20022). 3 units, credit/fail. Students in this clinical seminar will provide a broad range of legal assistance to greater New Haven's low-income and HIV-positive populations, through outreach to area shelters, soup kitchens, and health clinics. Because client problems cover the entire spectrum of issues facing the urban poor, ranging from government benefits to discrimination, the substantive law involved in particular cases or special projects will vary. Casework and class sessions will focus on lawyering skills and on the ethical issues involved in becoming a lawyer. Weekly class sessions and supervision sessions, plus ten to twelve hours per week of casework. Enrollment limited. S. J. Gunn and J. L. Pottenger, Jr.

Comparative Law (20218). 3 units. The primary purpose of this course will be to explore those aspects of foreign legal systems that enable the student, by reverse projection, to understand the distinguishing features of his or her own legal culture. The point of entry will be the exploration of issues that lead lawyers to juxtapose the civil and common law traditions or that prompt lawyers to erect other classificatory schemes to organize legal cultures around the world. Following this introductory survey, the course will focus on the contrast between the American legal system and systems of continental Europe.

After an inquiry into access to courts and comparative costs of litigation, the course will analyze procedural peculiarities of nonadversarial proceedings against the background of a civil lawsuit. It will then examine the historical foundations of continental legal culture, including Roman Law and the rise and the decline of codification in Western Europe. The course will end with demonstrations of comparative legal analysis on a few substantive legal problems. Examination. M. R. Damaska.

Comparative Law: Asian Legalities, Comparative Imaginaries (20246). 3 units. The class will consider some elements and motifs of legal systems of the Asia Pacific region and of the discipline of comparative law-its aims, tradition, methods, and achievements. Students will use materials and problems from the Asia Pacific region to reflect critically and programmatically upon a disciplinary project that traditionally defines itself in predominantly Euro-American terms. The course also aims to provide students with a prism for thinking about legal questions in their own society through the comparison of other cultures and conceptions of law. Paper required. A. Riles.

Constitutional Litigation Seminar (20259). 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.

Contemporary Legal Issues in Africa (20120). 1 unit. 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, but 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. No previous background is assumed, only a general interest in increasing awareness of what is currently going on in Africa. L. Brilmayer.

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. We 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. Students may be required to present brief analysis of one or two of these problems during the term. Final paper or examination option. Papers may qualify for Supervised Analytic Writing or Substantial Paper credit. Enrollment limited. S. B. Duke.

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. Student 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. I. Ayres.

Corporate Governance Seminar (20206). 2 units. This seminar will examine the effectiveness of selected corporate governance devices, the means by which the agency problem generated by the separation of ownership and control is mitigated for U.S. public corporations. Topics will include boards of directors, shareholder lawsuits, and shareholder proposals. Corporate governance systems in other nations will also be examined. Readings will consist solely of the secondary literature, with a special emphasis on empirical research using financial economics, which provides a metric for measuring the impact of institutions on shareholder wealth. Prerequisite: Business Organizations. Short papers on readings during the term are required. Enrollment limited. R. Romano.

Corporate Taxation (20212). 3 units. This course will examine the federal income taxation of businesses operating in corporate form. It will review the tax consequences of forming a corporation, distributions to shareholders, stock redemptions, liquidations, reorganizations, and other corporate transactions. The course will review the basic policy decisions that produced the current system as well as proposals to reform the corporate tax regime. Examination. M. A. Chirelstein.

Corruption, Economic Development, and Democracy (20098). 2 or 3 units. A seminar on the link between political and bureaucratic institutions on the one hand, and economic development on the other. Consideration will be given to the role of international aid and lending organizations such as the World Bank. A particular focus will be the impact of corruption on development. Paper or examination option. Enrollment limited. S. Rose-Ackerman.

[The] Criminal Jury (20211). 3 units. This seminar will consider in depth the nature and function of the criminal jury and recent efforts at reform. Among the topics to be considered are: the jury's history; its constitutional basis; its selection, composition, and deliberations; the jury's inscrutability; and the pressures imposed on the institution by complex and/or highly publicized trials. Prerequisite: Criminal Law I or Criminal Procedure. Paper required. Enrollment limited to fifteen. A. S. Goldstein.

Criminal Law and Administration (20061). 4 units. This course relates the general doctrines of criminal liability to the moral and social problems of crime. The definitions of crimes against the person and against property (as they are at present and as they might be) are considered in the light of the purposes of punishment and of the role of the criminal justice system, including police and correctional agencies, in influencing behavior and protecting the community. Examination. D. M. Kahan.

Criminal Procedure (20216). 3 units. We will cover major aspects of criminal investigation, including search and seizure, questioning, the role of defense counsel, the grand jury, informants and cooperating witnesses, and plea- bargaining. Some attention will be devoted as well to those criminal trial processes (e.g., discovery and Brady, jury trial, proof beyond a reasonable doubt, cross-examination, exclusionary rules, and mandatory sentencing) that have a profound effect on strategic and ethical aspects of investigations. Sources of law include the U.S. Constitution and federal statutes (and, to a lesser extent, state constitutions and state statutes), the Federal Rules of Criminal Procedure, and administrative regulations and guidelines. Particular attention will be paid to the exercise of discretion by prosecutors. Students who have previously taken any course in criminal procedure may enroll only with the permission of the instructor. Examination. K. Stith.

Designing Public Institutions: Constraints and Opportunities in an Era of 'Small Government' and Global Markets (20049). 4 units (2 fall, 2 spring). Lawyers are institutional designers. This course will explore institutional design within the context of some of the major forces acting on the nation state, particularly the U.S. The first is an insistent demand for fiscal accountability and the political economy of the budgetary process engendered by that demand. A second is the parallel demand for "small government" and its attendant policy mantras: "downsizing," "deregulating," "privatizing," and "reengineering." A third is the challenge of a globalizing economy that threatens to create a serious mismatch between the scope of public problems and the jurisdiction of state institutions.

The fall term will be devoted to readings and class discussion. Each student must have developed a suitable paper topic by the end of the term. Papers in this course will generally satisfy either the Substantial Paper or the Supervised Analytic Writing requirement. The spring term will be devoted to research and writing under intensive supervision. Draft papers will be circulated and discussed in class and all papers must be completed by the last day of the spring-term examination period. This is a full-year course. Students may not receive credit for either term independently. Enrollment limited to sixteen. M. J. Graetz and J. L. Mashaw.

Environmental Law and Policy (20210). 4 units. The object of the course is to identify and assess critically a variety of legal strategies for dealing with pollution and preservation of our air, water, and land and wild resources. Among those strategies are common law nuisance, command-and-control regulation, the use of economic incentives, and applications of "adaptive management" and ecosystem conservation. The course will draw extensively on examples from the major pollution control statutes-the Clean Air Act, the Clean Water Act, and several statutes to control toxic materials-as well as some statutes dealing with ecosystem and wildlife conservation. Along the way, the course will also take up issues of risk perception and risk management, environmental equity, and international environmentalism. Examination. C. M. Rose.

Ethics in the Practice of Law (20239). 3 units. This course will focus on one facet of professional ethics-the representation of clients, with particular emphasis upon the relationship between zealous advocacy and the public interest. Every kind of practice generates serious tensions among attorneys' obligations to their clients, their own moral and social commitments, obligations to third parties (including adversaries), and responsibilities as officers of the court and citizens of the larger community. A second and related concern of the course will be to examine the practice of law in the public interest, whether as lawyers in firms through pro bono activities or as attorneys in public interest organizations. Our effort will be to understand the continuities and distinctions among various kinds of practices in coming to grips with the tensions described above. Students who plan to practice in law firms will be encouraged and assisted in developing pro bono projects to take with them to their firms. Students who are seeking jobs in public interest organizations will be expected to assist in cases or projects developed by public interest organizations. A final paper is required and can be co-authored. Enrollment limited to twenty-four. D. E. Curtis and S. Wizner.

Family Law: Adult Relations (20018). 3 units. During the past twenty-five years, legal regulation of adult familial relations has changed dramatically. The basic thrust of these changes has been to enhance individual choice by reducing the grip of state regulation-most notably by legislative abolition, in every state, of restrictions on divorce and by recognition in constitutional litigation of the right to privacy. Today, however, new questions have arisen about the desirability of state regulatory interventions in adult family relations; whether the state should affirmatively recognize same-sex marriages; whether more stringent directives are needed, following freely available divorce, to ensure financial equality between former spouses and between those who had lived together without state-sanctioned marriage ties; whether more demanding child-support obligations should be enforced against noncustodial (previously married or never-married) parents; whether more extensive state interventions are needed to protect women against spousal violence. All of these issues require consideration of the proper state role in the formation, ongoing regulation, and reconstruction of adult familial relations; that will be the task of this course. Final paper or examination option. R. A. Burt.

Federal Crimes (20113). 3 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. Criminal Law is a prerequisite. 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. Examination. M. J. Graetz.

Federal Rules of Evidence (20226). 2 units. This course will examine the Federal Rules of Evidence. Examination. R. K. Winter, Jr.

Feminism and Economic Justice (20232). 4 units (2 fall, 2 spring). In this research seminar, students will write papers on public policy proposals to enhance women's ability to take part in economic life. Papers may focus on questions of theory or institutional design. For example, what should "gender equality" mean in the economic sphere? Some feminists argue that gender justice requires restructuring the paid workplace, but others prefer financial rewards for the (now) unpaid work of caretaking. A third approach would frame gender justice in terms of freedom, seeking to permit individuals to choose how to combine child rearing and paid work over a lifetime. On the policy side, papers might evaluate proposals including paid parental leave, part-time work options, caretaker income support, and human capital accounts for caretakers. Students may also advocate their own policy proposals.

Students must enroll in both the fall and spring terms. Credit for both terms is contingent on the completion of a final paper by the end of the spring term. No credit will be given for late papers.

Paper required; no examination option. Students interested in admission to the seminar should submit a one-page statement of interest to Professor Alstott, describing their background in feminism, economics, and public policy, and outlining their research interests. Enrollment limited to six. A. Alstott.

Formalisms and Formalities: Topics in the Anthropology of Law (20241). 2 units. What makes law distinctive as a set of knowledge practices? What does an understanding of late modern law contribute to current debates in anthropology and critical theory? In order to answer these questions, this seminar considers some cases of legal thought and practice, drawn from diverse legal settings, in tandem with current work in critical theory and the anthropology of knowledge. After a brief discussion of the most significant debates in twentieth-century legal anthropology, the seminar will focus in particular on the "aesthetics" of legal knowledge, that is, on lawyers' understanding of, and commitment to, form and its relationship to other kinds of twentieth-century formalisms from mathematics to architecture to anthropology. Seminar participants will write one twenty-page paper. Enrollment limited to fifteen. A. Riles.

Free Speech in Cyberspace (20209). 2 units. This course discusses the key problems of freedom of speech in the digital world, including Internet filtering, network architectures, and the tensions between intellectual property and freedom of speech. A previous course on the First Amendment is helpful but not required. Take home examination or paper option. J. M. Balkin.

[The] Genome and the Law (20230). 3 units. This research seminar will consider the implications for law of recent scientific discoveries in biotechnology, genetic engineering, and the human genome project. Should the law prohibit cloning of human beings? Can it do so effectively? Are genetically modified organisms and foods safe? Should the law change to reflect developing understanding of the genetic bases of some behaviors and diseases? Should law regulate or restrict some types of genetic research? No prior science background is necessary. Paper required. Enrollment limited. E. D. Elliott.

Housing Authority Clinic (20126). 3 units, credit/fail. The New Haven Housing Authority owns 3,000 housing units and administers the federal Section 8 rental assistance program. This year's work will emphasize redevelopment of large housing developments; developing supportive housing; demolition and revitalization; planning; economic development; privatization; and social services. R. A. Solomon.

Housing and Community Development (20023). 3 units, credit/fail. A two-term, multidisciplinary workshop involving students from the schools of Law, Management, and Architecture. Under the supervision of faculty and members of the local bar, participants will work on behalf of nonprofit organizations and small businesses to promote job creation, neighborhood revitalization, low-income housing, and social service delivery in the New Haven area. An inner-city venture capital component, involving due diligence on and technical assistance to small businesses, likely will be added to this year's clinic. The clinic will emphasize a nonadversarial, transactional approach to problem solving. As legal, financial, and architectural advisers, participants will research legal issues, facilitate negotiations, draft contracts, incorporate organizations, complete loan and grant applications, develop financial analyses, and draft architectural plans, among other tasks. Class topics will include professional responsibility, real estate finance, low-income housing policy, comparative advantages of nonprofit and for-profit organizations, and urban economic development. Enrollment limited. This clinic will be taught on a two-term basis. We encourage students to enroll for two terms. J. L. Pottenger, Jr., S. J. Bryson, and L. P. Nadel.

Human Rights Workshop: Current Issues and Events (20134). 1 unit, credit/fail. Conducted in workshop format and led by 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. P. W. Kahn.

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 law and the legal and ethical issues arising in the context of the casework and on the development of lawyering skills. Enrollment limited. C. L. Lucht, J. K. Peters, and S. Wizner.

Independent Research: Law, Economics, and Organizations (20229). Units to be arranged. Professor Henry Hansmann will work individually with a limited number of students on research and writing projects of their own design involving issues of law and organization viewed from an economic perspective. To be accepted, students must present Professor Hansmann with a proposal for a project and receive his approval. H. Hansmann.

Intellectual Property Seminar (20236). 3 units. This is a writing seminar in which each student will complete a significant and theoretically interesting paper on a selected problem in the law of intellectual property. In the first few weeks of the term we will read a fair amount of theory and refine the paper topics. During the rest of the term we will meet sparingly, devoting our energy to the papers themselves. Enrollment limited to approximately eight. If the course is oversubscribed, no drops will be allowed after the first few weeks. S. L. Carter.

International and U.S. Trade Law, Policy, and Negotiations (20238). 2 units. An exploration of the laws, policies, and negotiations underlying and driving both international and U.S. rules to govern world trade, including multilateral (World Trade Organization), plurilateral (e.g., North American Free Trade Agreement), bilateral (e.g., U.S.-China accession negotiations, U.S.-Japan sectoral agreements), and unilateral approaches. Take-home examination. J. H. Bello and G. N. Horlick.

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

Justice and the Rule of Law Seminar (20248). 2 units. This seminar begins with the assumption that a pervasive feature of our politics and legal system is the "rule of law" ideal. The promise of the rule of law is that adherence to constitutionalism, democratically determined laws, and cooperation with legal institutions and procedures will keep us safe and free. But is the rule of law truly a guarantor of safety and freedom for all? Using a combination of philosophical, legal, political, and international human rights perspectives on the one hand, and works of literature on the other, this seminar will examine ways in which the rule of law, even when firmly established in a modern society, can fail to keep its promise. The works of literature will be a diverse collection of novels, plays, and stories, including some of these: Antigone, Hrafnkel's Saga, The Merchant of Venice, Jane Eyre, The Scarlet Letter, An American Tragedy, Native Son, and Paris Trout. These texts display the ways in which the rule of law can be "unruly" by virtue of poor legislative or judicial judgment, self-interested noncompliance with law, xenophobia, anti-Semitism, gender discrimination, economic inequality, and race discrimination. Seminar participants may be asked to make a presentation, in addition to writing a paper. A. L. Allen.

Labor Law (20213). 3 units. This course examines the legal regime governing unionization of private-sector employees. The centerpiece of the course is the National Labor Relations Act, and its provisions regulating union organization, collective bargaining, the deployment of economic weapons by the parties (strikes, lockouts, boycotts, picketing, etc.), and the enforcement of collective bargaining agreements. The course will also examine the collisions between the NLRA's promotion of "collective" action and (1) the antitrust laws, (2) laws (such as Title VII) that confer rights upon employees as individuals, and (3) state laws regulating the employer-employee relationship. The course will explore whether unionization remains a viable option for employees in today's economic and social climate, why unionization has flourished in the public sector even as it has declined precipitously in the private sector, and whether other forms of collective employee participation, or joint employer-employee participation, might better serve today's private-sector employees. Examination. M. H. Gottesman.

Landlord-Tenant Law (20004). 3 units, credit/fail. Students in this clinical seminar will provide legal assistance, under the supervision of clinical faculty, to poor 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, 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 S. J. Gunn.

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

Lawyering Ethics (20114). 3 units, credit/fail. This is a clinical course in which students participate in the disciplinary process against lawyers charged with violating ethical obligations to clients. Our goals include understanding current systems and considering their transformations, as well as thinking about how legal education should engage with the ethical issues facing lawyers.

Students will research issues of state discipline of lawyers, including the workings of the system in Connecticut (such as which lawyers are disciplined for what kinds of infractions, at whose promoting, and with what forms of remedy). We will also investigate the disciplinary procedures for judges. Concurrently, students will represent before bar grievance panels clients who have complained about their lawyers and whose complaints have been found to have probable cause. D. E. Curtis and D. J. Cantrell.

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

Legal Practicum (20008). 1/2 unit, credit/fail. Each student enrolled in this independent writing seminar will be required to prepare an 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. Enrollment limited; permission of instructor required. W. N. Eskridge, Jr.

Legal Writing (20032). 3 units. This course will provide practice in writing legal memoranda and briefs. Students will have the opportunity to refine their legal research and analytical skills 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. R. D. Harrison.

Lowenstein International Human Rights Clinic (20188). 3 units, credit/fail. Students will work on a variety of human rights projects, typically on behalf of human rights organizations. The seminar will include an overview of basic human rights principles and theories, and their application; instruction in and development of human rights research and writing skills; presentations and workshop sessions concerning ongoing project work. The seminar will have one or more student directors. Enrollment limited. P. W. Kahn and J. J. Silk.

Native American Law and Policy (20257). 2 units. Understanding U.S. laws and policies toward Native Americans is fundamental to any understanding of the place of Native Americans in contemporary society. This course examines such laws and policies from the colonial period to the present. Attention is also given to tribal justice systems. Examination. J. Weaver.

Negotiated Mergers and Acquisitions (20237). 2 units. This course examines the issues and problems that confront lawyers and their clients in business acquisition transactions involving closely held entities. Topics to be considered include structuring the deal, allocating liabilities and risks of the business being acquired, valuation of the business and pricing the deal, the duties of directors and controlling shareholders to minority shareholders and other investors, and appraisal rights of dissenting shareholders. Students will engage in a negotiation exercise involving the negotiation, drafting and interpretation of selected provisions of an acquisition agreement. Prerequisite: Business Organizations (may be taken concurrently) or equivalent. Examination. J. T. Hirschoff.

Nonprofit Organizations Clinic (20051). 1 or 2 units, credit/fail. This clinical workshop will serve the needs of nonprofit organizations, nascent and established, that require help in the process of organization and incorporation, in obtaining tax exemption, and in solving ongoing legal problems-organizations that cannot afford to retain private counsel. The class will meet as a group five or six times during the term. J. G. Simon, L. N. Davis, and B. B. Lindsay.

Prison Legal Services (20256). 3 units, credit/fail. Students in this clinical seminar will provide legal assistance to inmates at federal and state prisons. Cases selected will concern the clients' status as prisoners and may include challenges to federal sentences and Section 1983 civil rights actions. The weekly class sessions will focus on prisoners' rights, readings about prisons and punishment, and current Legal Services Organizations cases. The seminar will also concentrate on developing professional responsibility through weekly seminar and supervision sessions, plus eight to 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 administrative hearings and court appearances. Enrollment limited. B. Dignam.

Privacy Law (20249). 3 units. Privacy Law has mushroomed in recent years. There have been major developments in constitutional privacy law, statutory privacy law, and common law privacy law. The dynamic growth in privacy law can be explained by far-reaching developments in computer technology, telecommunications, journalism, health care, and law enforcement. These developments challenge traditional expectations of privacy, confidentiality, and data protection. Lawmakers and the general public increasingly judge policies based, in part, on their implications for harming or enhancing personal privacy. In this course, we will consider specific laws relating to privacy, and will also critically examine the application of the concept of privacy in American law and the diverse values for which privacy protection has come to stand. The class will consist of lectures and discussions. Participation and a paper are required. A. L. Allen.

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 increasing specialization by individual lawyers, taking advantage of new technologies, and lawyer quality-of-life problems from long workdays and high billable hours requirements. Examination. Q. Johnstone.

Professionalism under Pressure in Law and Medicine (20130). 3 units. In the past twenty years both law and medicine have been undergoing massive structural changes in the organization and financing of their services, in large part driven by intense pressures to cut escalating costs. In both, the result of changes has been significantly to erode the authority and autonomy of professionals to control their markets and the terms on which their services will be rendered; both lawyers and doctors increasingly find that their decisions regarding service and treatment are subject to the direction, supervision, and second-guessing of outside monitors, bureaucratic hierarchies, and regulators. These developments have given rise to much protest and debate-with traditional lawyers and physicians claiming that new pressures toward standardization and regulation and increased competition are seriously compromising professional values of quality and care for clients/patients; and proponents countering that the new structure promote superior as well as more cost-effective service. This seminar will aim to examine and compare the structural changes occurring in law and medicine and to assess their effects on professional values. Examination. R. W. Gordon and T. R. Marmor.

Property (20207). 4 units. This course will inquire into a pervasive set of human institutions-the arrangements for getting, using, transferring, and forfeiting resources in the world around us. The course will begin by questioning the range of purposes for property regimes 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 many areas-among others wild animals, oil and gas, 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. Examination. H. E. Smith.

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 J. A. Meyer.

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; (4) nationality and human rights; and (5) jurisdiction. Examination or paper option. W. M. Reisman.

Reciprocity and Law (20227). 2 units. This seminar will examine the idea of "reciprocity" and its implications for the law. Recent years have witnessed the emergence of a profound challenge to the conventional theory of collective action in the social sciences. That theory, which undergirds public policy in a wide expanse of domains, assumes that individuals, as rationally self-interested wealth maximizers, cannot be expected to contribute voluntarily to "public goods." But a new theory, which is grounded in social psychology and experimental economics, suggests that individuals in collective action settings behave not like rationally self-interested wealth-maximizers but like moral reciprocators: if they perceive that others are inclined to contribute voluntarily, individuals contribute; if not, then not. In addition to reviewing the empirical evidence on which the reciprocity theory rests, we will consider how the theory might alter policy in a variety of fields-from tax collection to environmental regulation to electoral politics to drunk driving, to name just a few. Grades will be based on class discussion and on short bi-weekly papers. D. M. Kahan.

Research Methods in International Law (20196). 1 unit, credit/fail. International legal research, whether for scholarly or professional purposes, must use materials and methods that are quite different from those encountered in domestic legal research. This workshop will examine those methods and help students develop improved techniques for international legal research using both print and electronic resources. There will be no paper or examination and grading will be credit/fail. The workshop will meet for four weekly two-hour sessions beginning September 19, 2001. W. M. Reisman, D. Wade, M. L. Cohen, K. E. Rudolf, and A. R. Willard.

[The] Rule of Law (20215). 2 units. Why a judicial opinion should become the rule of law is the question at the intersection of common law and philosophy and, in connection with constitutional law, the intersection of law and political philosophy. This course defines and explores those intersections by focusing on the U.S., whose culture proposes that the process of law encompasses both the art of governing properly and the science of ascertaining the truth. This course attempts to comprehend the culture by analyzing the process. Examination. J. G. Deutsch.

Sentencing: Reexamining Mandatory Penalties (20233). 3 units. Why does Congress enact and retain mandatory minimum sentences in the era of sentencing guidelines? Do mandatories reduce unwarranted disparity? Do they promote proportionality and fairness in punishing individual offenders? Do they improve the balance between judicial and prosecutorial discretion? Do they enhance public safety and a cost-effective, humane justice system? This seminar will inquire into the history and operation of mandatory laws, probing the fact-finding process that underlies them, the principles that inform their penalty structures, the reasons why lawmakers and the public so often favor them, and the extent to which prosecutors, judges, and juries evade or nullify them in practice. Supervised Analytic Writing or Substantial Paper credit available. Interested students should submit a brief statement as to the course work or field experience underlying their interest in this subject. Enrollment limited. D. J. Freed.

State and Local Government Law (20242). 3 units. This course will review the structure of legal relationships and the allocation of authority among federal, state, and local governments. It will address issues relating to police powers, governmental regulation of land use, government finance, and governmental immunities. Paper required. G. L. Priest.

[The] Structure of Organizational Law (20228). 3 units. This course seeks to extend students' knowledge of organizational law beyond the material covered in the introductory course in Business Organizations. Topics to be covered include complex and nonstandard structures for business corporations (such as employee participation and ownership), aspects of comparative (foreign) corporate law, partnerships of varied types, limited liability companies, business trusts, unincorporated associations, nonprofit corporations, cooperative corporations, condominiums, mutual companies, governmental and municipal corporations, franchising, labor organizations, and marriage. With respect to each form of organization studied, the course will explore the economic role the form plays, the form's basic legal structure, and the most difficult problems of law, practice, and policy that the form currently presents. More broadly, the course seeks to offer a general understanding of (1) the nature and varieties of ownership and control found in modern organizations, and (2) the overall role and structure of the law's various standard forms for enterprise organization. Prerequisite: Business Organizations. Examination. H. Hansmann.

Theories of Intellectual Property (20255). 2 units. Intellectual property is fast becoming the central institutional element in the regulation of information production and exchange in the digitally networked environment. Its contours are highly contested and constantly changing, and many think that we are now in the midst of a new enclosure movement, in which a production system once heavily reliant on a robust public domain is being shifted to an increasingly enclosed system of extensive exclusive private rights.

This seminar is intended to provide its participants with a thorough understanding of the economic and political theory of intellectual property. Readings include the basic materials of the schools of economic thought on intellectual property and the schools of political theory that seek to justify or criticize exclusive private rights in information. Cases or empirical case studies accompany the theoretical materials, to illustrate and test the institutional implications of the various theoretical positions we explore.

Some familiarity with intellectual property law is assumed. Take-home examination or paper option. Enrollment limited to twenty students who have taken a course in intellectual property law. Y. Benkler.

Theorizing Sex, Gender, and Sexuality (20220). 3 or 4 units. This course is an intensive writing seminar on the topics of sex, gender, and sexuality viewed from a theoretical perspective. The course will include a consideration of the following topics: (1) the relationship among feminist, gay, and queer politics; (2) the legal and social salience of undertheorized categories such as bisexuality, intersexuality, and transsexuality; (3) the critiques and defenses of marriage, understood through debates surrounding same-sex unions and polyamory; (4) the significance to domestic theory of constructs of sexuality in radically different cultures. Permission of instructor required. Students wishing to enroll in the course should submit a two-page statement to the instructor of their background, interest, and writing aspirations in the area by September 3, 2001. Students will have the opportunity to present their work in the seminar. A series of visits from outside speakers will also be arranged. Paper required. K. Yoshino.

Trial Practice (20005). 2 units, credit/fail. An introduction 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. S. Wizner.

Workshop on Chinese Legal Reform (20135). 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. Students participating in the workshop will receive one unit of ungraded credit; additional graded credit is possible for students wishing to write a research paper. P. Gewirtz and J. Hecht.

Spring Term

Administrative Law (21048). 4 units. This course will review the legal and practical foundations of the modern administrative state. Topics will include the creation of administrative agencies and the delegation doctrine, judicial review of the procedures and substance of administrative action, the organization of the executive branch, and liability for official misconduct. Examination. E. D. Elliott.

Advanced Comparative Law: Dignity in Comparative Perspective (21221). 2 units. This seminar will investigate differing concepts of "dignity" and "honor," especially in the law of the United States and of Western Europe. Topics to be discussed will include the European concept of the protection of the "personality"; the right to "honor"; the law of names; and the control of one's personal image. The seminar will also discuss law and norms of respect in the workplace, and the law and norms of sexual harassment. Paper required. Enrollment limited to eighteen. J. Q. Whitman.

Advanced Constitutional Law: Theories of the Constitution (21273). 4 units. This course explores key problems in American constitutional theory. Topics will include (1) theories of constitutional interpretation; (2) theories of judicial review; (3) the use of history and narrative in constitutional argument; (4) the relationship between constitutional adjudication, party politics, and social movements; (5) the Supreme Court's relationship to social change; (6) the constitutional canon; and (7) the problem of constitutional evil. Take-home examination or paper option. J. M. Balkin.

Advanced Contracts (21296). 3 units. This course will focus on remedies and restitution in the law of contracts. Among other topics, the course will investigate the border between contractual and tort-like remedies and consider efforts to contract around tort. The course will include both theoretical and doctrinal components. Examination. D. Markovits.

Advocacy for People With Disabilities (21005). 3 units, credit/fail. A clinical seminar, involving classroom and fieldwork, concentrating on the representation of individuals with disabilities. The class will specialize in advocacy for children, adolescents, and adults in special education, mental health, Americans with Disabilities Act cases, and mental retardation cases but will also represent adults and children with physical disabilities. Students, under attorney supervision, will represent clients in negotiations with state and municipal agencies, in administrative hearings, or in court proceedings, in efforts to secure clients' rights to education, treatment, liberty, or benefits. Class sessions will focus on the development of lawyering skills and on legal and ethical issues arising in the areas of representation provided. Enrollment limited. C. L. Lucht and S. Wizner.

Alternative Dispute Resolution (21311). 2 or 3 units. This course will explore the theory and practice of dispute resolution outside of and as supplement to adjudication in the courts. We will cover the traditional methods of "alternative" dispute resolution, such as negotiated settlements, mediation, and arbitration as well as some newer applications. The course will examine the strengths and weaknesses of various 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. Substantial Paper or Supervised Analytic Writing credit available. Examination or paper option. J. G. Brown.

American Legal History, 1880-1980 (21063). 3 units. This course will deal with selected topics in the modern history of American law, legal thought, legal institutions, and the legal profession. Among topics expected to be covered: the law and regulation of corporate organizations and labor relations in the age of enterprise; the law of race relations in the Jim Crow South and urban North; the development of "classical" legalism in the private law of contract and tort and the public law of constitutional limitations; the Progressive and legal-realist critiques of "classical" legalism; the rise of the modern administrative state; the regulation of public order and perceived threats to it-political dissent, deviant sexuality, immorality, alcohol, and immigration; the construction of law schools, law firms, the organized legal profession, the personal-injury bar, and public-interest law; the legal thought of O. W. Holmes, Jr. and Louis Brandeis; New Deal legal thought and legislation; the legal order of the 1950s; expansion of enterprise liability and rise of the mass tort class action; civil rights movements and enforcement from the 1940s through 1980s; the "rights revolution" of the Warren Court and Great Society and the ensuing backlash. Examination, with an option (open to a limited number of students) to write a research paper based on primary sources. R. W. Gordon.

Antitrust (21068). 3 units. This course will provide an introduction to the law and economics of antitrust, including horizontal agreements, monopolization, and vertical arrangements. The course presumes students have no training in economics, but it aspires to remain of interest to students with substantial economics backgrounds. G. L. Priest.

Antitrust: Individual Research (21229). 2-4 units. Research and writing on current problems in antitrust. Topics to be arranged with the instructor. Prerequisite: the basic antitrust course or its equivalent. Enrollment limited A. K. Klevorick.

[The] Bill of Rights (21302). 4 units. This course will focus on the original Bill of Rights proposed by the First Congress and the reconstitution of the Bill effected by the Fourteenth Amendment and the process of incorporating the Bill against the states. Examination or paper option. A. R. Amar.

Bioethics and Law (21298). 3 units. This course will examine the history and practice of ethics relating to medicine and public health. For more than thirty years, bioethics has been a significant force in American medicine and research, alongside the law. Philosophers and theologians have promulgated principles and other paradigms of reasoning for application to health-related concerns. Government regulators and hospitals have embraced bioethical review. Now that bioethics is entrenched as a set of social and legally mandated practices, sociologists have begun to study bioethics as a complex phenomenon within specific historical and institutional contexts. In this course we will attempt to understand the significance of ethical thinking about health, medicine, and related research by reading materials that chronicle episodes in public and private health that dramatically tested ethical judgment and will. Readings will include classic articulations of ethical standards, legal cases, legal doctrines, federal regulations, and some of these: Sherwin B. Nuland, How We Die (1993); Anne Fadiman, The Spirit Catches You and You Fall Down (1997); Judith W. Leavitt, Typhoid Mary: Captive to the Public's Health; James H. Jones, Bad Blood (1981); John Colapinto, As Nature Made Him (2000). The class will have a lecture/discussion format. Each student will be asked to participate in class. Examination. A. L. Allen.

[The] Book of Job and Injustice (21123). 3 units. The Book of Job is a template for thinking about the unjustifiable sufferings inflicted during the destructive twentieth century. The Nazi Holocaust, to choose one terrible example, provokes the same questions that Job posed: "Where was God, that this was permitted to occur?" "What justice is there in the universe, that this could occur?" "In the face of this occurrence, how, if at all, can belief in the ideal of justice-faith in the goodness of the universe-be rekindled?"

The course will consider such questions in three principal ways: by a close study of the perspectives offered in the Book of Job; by a comparison of the conceptions of justice and the possibility of its vindication treated elsewhere in the Bible; and by exploration of the ways in this century that secular institutions have addressed these questions in trying to assert norms of justice in response to such shattering events. Paper required. Enrollment limited. R. A. Burt and J. E. Ponet.

Business Crime Seminar (21279). 3 units. An examination of organizational criminal liability, including criminal liability of officers and directors. We will focus on general issues affecting business crime including: mens rea for leading business crimes; proper scope of corporate liability; Organizational Sentencing Guidelines; corporate privileges in grand jury proceedings; officer/director liability (direct, responsible corporate officer, and derivative); and False Claims Act and whistle blower bounties. Students must have taken or be taking Business Organizations. Paper required. Enrollment limited. J. Arlen.

Business Organizations (21040). 4 units. An introduction to the organizational law governing private enterprise. Although broadly held business corporations will be the principle focus of the course, attention will also be paid to agency, partnership, and closely held corporations. Examination. H. Hansmann.

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

Capital Punishment: Seminar in Advocacy (21082). 4 units (2 fall, 2 spring), credit/fail. A continuation of the fall term course. May not be taken separately. [See description under Fall Term Courses.] S. B. Bright.

Capitalism or Democracy? (21308). 3 units. Following the collapse of the Berlin Wall in 1989 and the eventual demise of the Soviet empire, a consensus has emerged in Washington and in the economics profession in general on the reforms poorer nations of the world must pursue. Known as neoliberalism but little more than orthodox capitalism, the prescribed program requires developing nations to permit the free convertibility of currency, eliminate tariffs, privatize state-owned business, and reduce budget deficits by slashing social services and special interest subsidies. In this seminar we will inquire into the soundness of these proposed reforms, especially as they are being advanced in Africa, Latin America, and Asia. Will neoliberalism enhance the wealth of nations? What impact will this resurgent capitalism have upon the political and social values traditionally associated with democracy and now heralded by the international human rights movement? Paper required. O. M. Fiss and G. L. Priest.

Community Legal Services (21015). 3 units, credit/fail. Students in this clinical seminar will provide a broad range of legal assistance to greater New Haven's low-income and HIV-positive populations, through outreach to area shelters, soup kitchens, and health clinics. Because client problems cover the entire spectrum of issues facing the urban poor, ranging from government benefits to discrimination, the substantive law involved in particular cases or special projects will vary. Casework and class sessions will focus on lawyering skills and on the ethical issues involved in becoming a lawyer. Weekly class sessions and supervision sessions, plus ten to twelve hours per week of casework. Enrollment limited. S. J. Gunn and J. L . Pottenger, Jr.

Conflict of Laws (21140). 3 units. Personal jurisdiction, choice of law, and recognition of judgments in cases having contact with more than one state. Examination. L. Brilmayer.

Conflict of Laws (21313). 2 units. This course will address the subject of conflict of laws in its theoretical and historical context, and will place a special emphasis on the international elements of conflict of laws. Examination. A. Riles.

Contemporary Legal Issues in Africa (21139). 1 unit. 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. No previous background is assumed, only a general interest in increasing awareness of what is currently going on in Africa. L. Brilmayer.

Criminal Law and Administration (21300). 3 units. This course examines society's control of unwanted behavior through law. The particular focus is on the general elements of a criminal offense cutting across all criminal codes rather than on the elements of individual crimes. Some attention is given to the basic theories of punishment and criminal culpability as contrasted with civil forms-e.g., tort law or civil commitment-for controlling deviant behavior.

Students should note one feature about grading before enrolling in the course: Each student will be placed in a group through a random assignment process. That group will be responsible for putting on a 15-minute skit, and there will be 6 to 8 such skits during the term. The purpose of the skit is to bring the issues (and their complexities) in the reading to light through concrete example. At least one half of each skit will consist of arguments between advocates representing the pro-prosecution and pro-defense perspectives involved. The skit will be 15 percent of the final grade. Examination. N. K. Katyal.

Criminal Law and Administration (21303). 3 units. An introduction to criminal law and its administration, including the requisites of criminal responsibility, the defenses to liability, inchoate and group crimes, sentencing, and the roles of legislature, prosecutor, judge, and jury. This course is given in several sections; it must be taken before graduation. Examination. J. Q. Whitman.

Criminal Law and Procedure: Individual Research (21014). Units to be arranged. A maximum of six students will be accepted for research and writing, with permission of the instructor, on topics to be agreed upon. Substantial Paper or Supervised Analytic Writing credit available. Prerequisite: An introductory criminal law or criminal procedure course A. S. Goldstein.

Criminal Procedure I (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. Students will be required to prepare written analyses of two or three problems during the term. Examination. S. B. Duke.

Designing Public Institutions: Constraints and Opportunities in an Era of 'Small Government' and Global Markets (21049). 4 units (2 fall, 2 spring.) A continuation of the fall term course. May not be taken separately. [See description under Fall Term Courses.] M. J. Graetz and J. L. Mashaw.

Deterrence and Computer Crime (21301). 2 units. This seminar examines two questions, a general one about whether law and institutions can deter crime, and a specific question about whether deterrence is possible in the realm of computer crime.

The first part of the seminar will be devoted to theories that attempt to explain criminal behavior, contrasting economic accounts with sociological accounts. This part of the course will introduce students to various basic economic concepts such as price theory and substitution. As introductory background the course will also cover some of the recent work regarding the role of social norms. Following the introductory material, the course will analyze the role social norms play as inducements and disincentives to criminal activity. It will then take up the question of whether architecture, the way in which we construct public and private spaces, can be used as an effective crime prevention technique. Ultimately, the first part of the course will conclude by trying to reconcile the accounts from economics, sociology, and architecture.

The second part of the seminar will focus on computer crime, and whether the divergent approaches to deterrence can provide some insight into dealing with this new emerging form of criminal behavior. Examples of criminal activity covered by the course include viruses, worms, denial of service attacks, hacking, and facilitating the commission of traditional offenses. No particular expertise with computers is required for the course, and students may write papers about deterrence theory, computer crime, or both. Enrollment limited. N. K. Katyal.

Distributive Justice and the Constitution (21077). 4 units. Can the Constitution be understood as a mandate to eradicate the inequalities that so pervade our society, and if so, what are the terms and conditions of that mandate? This is one of the central issues that the Supreme Court has been struggling with for the last half century, certainly since Brown v. Board of Education. The recent twists and turns in the Court's pronouncements on equal protection have been disquieting to many, myself included, and the purpose of this course is to provide a sustained occasion for reflecting on this branch of the Court's work and to see whether the widespread concern it has generated is justified. Examination with paper option. O. M. Fiss.

Diversity in Higher Education (21039). 2 or 3 units. What is diversity? Is it desirable? If so, can it be achieved within existing and evolving definitions and interpretations of antidiscrimination law? This course will examine cases and legislation that bear upon questions of diversity, and institutional policies and practices related to diversity, both those that are intended to increase diversity and those that are criticized for impeding diversity. Specific topics within which questions of diversity will be explored include use of standardized testing, affirmative action in admissions and the future of Bakke, financial aid policies and challenges to race-oriented grant assistance, the free speech versus hate speech debate, selection and retention of faculty, and implementation of the Americans with Disabilities Act. Throughout the course there will be an exploration of whether the concepts of affirmative action, nondiscrimination, and diversity are compatible or contradictory. Paper required-long or short, with credit assigned accordingly. Enrollment limited. S. T. Yandle.

Early Sources of American Legal Culture (21184). 2 or 3 units. This seminar will study the sources and impact on American legal development of a number of classic American law books, each representing a different literary genre. Among the works considered will be a colonial trial report, a law reform tract, an abridgement of cases, a law dictionary, a legal treatise, and a general commentary. These may include William Penn's Excellent Priviledge [sic] of Liberty and Property; The Trial of John Peter Zenger; Samson against the Philistines, or The Reformation of Lawsuits; Nathan Dane's Abridgment and Digest of American Law; Bouvier's Law Dictionary; Joseph Story's Commentaries on the Constitution; James Kent's Commentaries on American Law. Paper for 2 units or Substantial Paper for 3 units. M. L. Cohen.

Economic History of Law and Business (21218). 2 units. This seminar, a joint offering with the School of Management, will examine contemporary literature on the economic history of law and business from ancient civilizations to the present. Students will be asked to write a series of short weekly papers based on the assigned readings. No examination. Enrollment limited. H. Hansmann and B. Polak.

Employment Discrimination Law (21310). 4 units. This course will examine the regulation of employment discrimination through Title VII of the Civil Rights Act of 1964. It will be an introductory course focusing on the major analytical frameworks for conceptualizing race and sex discrimination in the workplace. The course will combine a pragmatic, litigation-oriented perspective with a theoretical one, as it investigates the assumptions underlying various doctrinal and evidentiary approaches, and attempts to situate the law within a larger social context. Examination. V. Schultz.

Environmental Law and Policy (21033). 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 public disclosure requirements. Mechanisms for addressing environmental issues at the local, regional, and global levels will also be considered. Examination. D. C. Esty.

Evidence (21277). 3 units. An examination of the basic evidentiary doctrines, with a focus on the Federal Rules of Evidence. Examination. M. R. Damaska.

Federal Courts (21124). 4 units. The idea of "the federal courts" is central to the constitutional political system of the United States. The past decades have been complex and fascinating ones for anyone interested in "the federal courts," as diverse claims have been made about the role these courts are to play. Questions of how to implement national "sovereignty" and to respect state "sovereignty" lace the materials to be examined, as we consider the federal court system in its relation to Congress, the presidency, the state courts, and federal Indian tribes. Beneath the sometimes dry discussions of jurisdictional rules and doctrines of comity lie conflicts about issues such as race, abortion, Indian tribal rights, and gender. In addition to considering the political and historical context of the doctrinal developments, we 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, and how gender, race, and ethnicity affect the processes of federal adjudication. We will also occasionally consider concepts of federalism comparatively. Class participation will be part of the final grade. Examination. J. Resnik.

Federal Income Taxation (21271). 3 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. Examination. H. E. Smith.

[The] Federal Sentencing Guideline Regime: A Fifteen-Year Report Card (21314). 1-3 units, credit/fail. In this seminar students will conduct research and prepare materials in connection with a major conference to be held at Yale Law School in April 2002 which will bring together federal judges, academics, and students. The focus of the seminar will be twofold:

(1) To answer significant theoretical and institutional questions raised by the Guidelines regime: What are unwarranted disparities in sentencing? Who should decide how "unwarranted" is defined? What other values, besides disparity-reduction, should a sentencing regime seek to realize? What progress have the federal Sentencing Guidelines and the U.S. Sentencing Commission made in achieving the appropriate purposes of criminal sentencing? Has the Sentencing Commission become a "junior varsity legislature," as predicted by Justice Scalia, or has it played the role originally anticipated by the drafters of the Sentencing Reform Act of 1984, or does it play a combination of these and other roles? Is there a role for a common law of sentencing in a guideline regime, and, if so, is it possible for district courts to play a major role in development of this law?

(2) To prepare, and help other conference participants prepare, a variety of materials (ranging from "white papers," to sentencing scenarios, to research proposals) that will be used in conjunction with the April conference and its aftermath. D. E. Curtis, N. Gertner, and K. Stith.

Feminism and Economic Justice (21289). 4 units (2 fall, 2 spring). A continuation of the fall term course. May not be taken separately. [See description under Fall Term Courses.] A. Alstott.

Gender-Locally, Globally (21291). 2-4 units. This class will examine the role gender plays-worldwide-in structuring legal, political, and social institutions. This course will consider the history of and major perspectives about United States' feminist theory and how the varying approaches are employed/deployed in law; we will also consider debates outside the U.S. that offer parallels. Our inquiries will include whether feminist concerns are manifested differently in the U.S. than in other constitutional democracies, how responses to gender inequality have varied and/or overlapped, and what role government processes (such as a written constitution) and structures (such as federations) play in facilitating or obstructing equality movements. We will also examine the role of transnational commitments (such as the Convention on the Elimination of All Forms of Discrimination Against Women) in interacting with and/or influencing individual countries' norms.

Class materials will draw upon decisions from courts, essays, litigation materials, and statutory and constitutional texts from within and without the U.S. Continuing the tradition of Yale's workshop on feminism, the class will be joined periodically by visitors and is also offered to graduate students in other disciplines in the University. Requirements include weekly attendance and participation, brief comments on weekly readings, and a final paper. J. Resnik and V. C. Jackson.

History of the Common Law: Procedure and Institutions (21119). 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, the yearbooks, law reporting, and the legal treatise; the evolution of contract law; Chancery, the trust, and equitable procedure and remedies; the deterioration of Chancery procedure and the fusion of law and equity; 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 and High Commission; defense counsel and the rise of the adversary system in the eighteenth century; the privilege against self-incrimination; the law of evidence; criminal sanctions. Duplicated materials, consisting of original sources and extracts from scholarly writing. Examination. J. H. Langbein.

Housing Authority Clinic (21245). 3 units, credit/fail. [See description under Fall Term Courses.] R. A. Solomon.

Housing and Community Development (21016). 3 units, credit/fail. A two-term, multidisciplinary workshop involving students from the schools of Law, Management, and Architecture. Under the supervision of faculty and members of the local bar, participants will work on behalf of nonprofit organizations and small businesses to promote job creation, neighborhood revitalization, low-income housing, and social service delivery in the New Haven area. An inner-city venture capital component, involving due diligence on and technical assistance to small businesses, likely will be added to this year's clinic. The clinic will emphasize a nonadversarial, transactional approach to problem-solving. As legal, financial, and architectural advisers, participants will research legal issues, facilitate negotiations, draft contracts, incorporate organizations, complete loan and grant applications, develop financial analyses, and draft architectural plans, among other tasks. Class topics will include professional responsibility, real estate finance, low-income housing policy, comparative advantages of nonprofit and for-profit organizations, and urban economic development. Enrollment limited. This clinic will be taught on a two-term basis. We encourage students to enroll for two terms. J. L. Pottenger, Jr., S. J. Bryson, and L. P. Nadel.

Human Rights Workshop: Current Issues and Events (21193). 1 unit, credit/fail. Conducted in workshop format and led by 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. P. W. Kahn.

Immigration Law and Policy: Selected Issues (21305). 2 or 3 units (depending on paper). Immigration has always played a central role in American life, and never more than today. It significantly affects our demography, foreign relations, human rights posture, ethnic group relations, labor market conditions, welfare policy, public services, and domestic politics. It also raises in acute form some of the most basic problems that our legal system must address: the rights of insular minorities, the concepts of sovereignty and nationhood, fair treatment of competing claimants for scarce resources, the imperatives of mass administrative justice, and the role of courts. This will not be a survey course on immigration law; rather, this seminar will focus on a small number of selected issues, which may include citizenship, discrimination against aliens, ethnic group conflict (especially over welfare, language, affirmative action, and voting rights), detention, and refugee/asylum law. 2 or 3 unit paper required, but ungraded credit/fail option available under prescribed conditions. P. H. Schuck.

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 law and the legal and ethical issues arising in the context of the casework and on the development of lawyering skills. Enrollment limited. C. L. Lucht and S. Wizner.

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. Examination. W. M. Reisman.

International Human Rights Law (21295). 3 units. The course will provide an introduction to the sources of international human rights law and the major enforcement institutions and mechanisms. Discussion will focus on the roles played by various actors, public and private, international and domestic. The class will examine a number of critical contemporary issues, including the tension between sovereignty and intervention, assertions of cultural relativism, the contested status of economic and social rights, and issues of transitional justice. There will be an emphasis throughout the course on evaluating the effectiveness of the international human rights system in preventing human rights violations. Examination. J. J. Silk.

International Tax Policy: Directed Research (21307). 2 units. The U.S. system for taxing international income was put in place during the period 1918-1928. Although many wrinkles have been added since, the fundamental contours of that system remain in place. Needless to say, the world economy today is dramatically different from that early in the twentieth century. One crucial question concerns what policies should shape the taxation of international income in the twenty-first century. Taxing consumption historically has been straightforward, with taxing power exercised where the consumption occurs. However, developments such as e-commerce and the downloading by computer of items like music and books pose a new threat to the ability of governments to collect consumption taxes. The question is how governments can and should respond to market developments such as these.

Students will be responsible for producing a paper on a mutually agreed upon topic of international tax policy. Income tax, consumption tax, payroll taxes, and wealth taxes are possible areas for research and writing. Substantial Paper credit is potentially available to anyone; Supervised Analytic Writing credit requires special arrangement. Prerequisite: Federal Income Tax. Enrollment limited. M. J. Graetz.

International Taxation: An Introduction (21292). 2 units. This course will provide an overview of the U.S. federal income taxation of cross-border transactions. Topics include the foreign tax credit, the controlled foreign corporation rules, withholding taxes, and tax treaties. Prerequisite: Federal Income Taxation. Examination. A. Alstott.

Introduction to Philosophy of Law (21275). 2 units. This introduction to the philosophy of law will cover three different kinds of topics: (1) the nature of law and of legal authority; (2) the philosophy of particular areas of law, e.g., torts, contracts, and criminal law; (3) issues pertaining to the intersection of political and legal philosophy, e.g., rights, justice, political authority. This course will be available to undergraduates (through the philosophy department), graduate students, and law students. Examination or paper option. J. L. Coleman.

[The] Jurisprudence of McDougal and Lasswell (21284). 1 unit. This seminar will examine the jurisprudence developed at Yale Law School by Myres S. McDougal and Harold D. Lasswell, which has been called The New Haven School, the Policy-Oriented School, and Law, Science and Policy. The seminar will meet for two hours a week for six weeks. Examination or paper option. W. M. Reisman and A. R. Willard.

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. Examination. Q. Johnstone.

Landlord-Tenant Law (21004). 3 units, credit/fail. Students in this clinical seminar will provide legal assistance, under the supervision of clinical faculty, to poor 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, 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 S. J. Gunn.

Law and Economics (21231). 4 units. Microeconomics provides one of the major theoretical perspectives for the contemporary study of law and legal institutions. Participants in this seminar will consider some of the central topics, modes of analysis, and findings in the field of law and economics. The questions to be examined will be drawn from contracts, criminal law and procedure, and torts. One objective of our inquiry will be to try to assess how far the law-and-economics enterprise has progressed over the course of its fairly short existence.

The seminar will center on papers that students prepare assessing the contribution that law and economics has made to particular substantive areas of law. In the first part of the term, each student will work on a research paper that takes as its starting point one or more law-and-economics "classics" in a field and one or more examples of recent law-and-economics scholarship on that subject. During the second part of the term, each student will present a draft of her or his paper to the seminar. The final versions of the papers will be due by the end of the spring term. Enrollment limited. A. K. Klevorick.

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

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

Law and Literature (21054). 3 units. Although "law and literature" courses continue to proliferate in law schools across the country, the field remains undertheorized. This introductory course will develop a sorely needed map of that field.

The course will elaborate four aspects of law and literature. Law as literature studies the rhetoric of law's texts, as well as that of the "outsider narratives" it banishes. Law through literature looks at the contributions that literary theory and cultural studies might make to legal analysis. Law of literature considers the legal regulation of literary work through, for instance, intellectual property and obscenity regimes. And law in literature examines literary representations of the law. Through this taxonomy, the course will seek to describe and organize the diversity of enterprises subsumed under the "law-and-literature" rubric.

The course will simultaneously seek to trace the conventional pieties that recur across these enterprises. These themes include the perceptions that law is about justice, while literature is about beauty; that law is coercive, while literature is persuasive; that law is collective, while literature is individual. While these themes may be found in all four projects, they articulate themselves differently in each, revealing contextual strengths and weaknesses. By looking at these diverse enterprises and shared themes, the course will demonstrate that the enterprises are more common, and the themes more plural, than they initially appeared. More generally, this demonstration will reveal both the coherence and the incoherence of the field. Paper required. K. Yoshino.

[The] Law of Copyright (21312). 3 units. This course explores the theoretical underpinnings of the law of copyright, discusses the doctrines to which these theories gave birth, and attempts to discern the course of future development in the field. Structurally, the course is divided into four parts. Part one depicts the terrain of intellectual property, with a special emphasis of the role of copyright in the general scheme. We then move to a discussion of the philosophical, political, and especially the economic foundations of copyright law. Part two lays out and explains the legal prerequisites for copyright protection: fixation, originality, and authorship. Part three is concerned with describing and delineating the contours of copyright protection. We examine the bundle of exclusive rights that the Copyright Act confers upon authors, and address the issue of copyright infringement. In part four we discuss the impact of the Internet on copyright law and the legal responses to this challenge. In addition, we explore the unique arsenal of civil and criminal remedies that the Copyright Act provides to copyright holders and examine the economic rationale behind these remedies. Examination. G. Parchomovsky.

Lawyering Ethics (21309). 3 units, credit/fail. This is a clinical course in which students participate in the disciplinary process against lawyers charged with violating ethical obligations to clients. Our goals include understanding current systems and considering their transformations, as well as thinking about how legal education should engage with the ethical issues facing lawyers.

Students will research issues of state discipline of lawyers, including the workings of the system in Connecticut (such as which lawyers are disciplined for what kinds of infractions, at whose promoting, and with what forms of remedy). We will also investigate the disciplinary procedures for judges. Concurrently, students will represent before bar grievance panels clients who have complained about their lawyers and whose complaints have been found to have probable cause. D. E. Curtis and D. J. Cantrell.

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

Legal Ethics and the Ethics of Agency Relations (21297). 3 units. This seminar will investigate the ethics of the lawyer-client relationship in particular through the lens of the ethics of agency relations in general (including, but not limited to, relationships between corporate officers and stockholders, the police and the citizenry, and political representatives and the sovereign). The course will ask how legal ethics (and the ethics of agency relations) differ depending on whether they are investigated from the points of view of the client, the lawyer, or the court (that is, from the points of view of the principal, the agent, or society at large). The course will also ask whether a lawyer may do acts and pursue ends on behalf of her client that the client ought not do or pursue on his own behalf. Paper required. Supervised Analytic Writing credit available. Enrollment limited. D. Markovits.

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 include a weekly computer lab component. Research problems and paper required. Enrollment limited. S. B. Kauffman and R. D. Harrison.

Legal Writing (21224). 3 units. This course will provide practice in writing legal memoranda and briefs. Students will have the opportunity to refine their legal research and analytical skills 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. R. D. Harrison.

Lowenstein International Human Rights Clinic (21152). 3 units, credit/fail. Students will work on a variety of human rights projects, typically on behalf of human rights organizations. The seminar will include an overview of basic human rights principles and theories, and their application; instruction in and development of human rights research and writing skills; presentations and workshop sessions concerning ongoing project work. The seminar will have one or more student directors. Enrollment limited. P. W. Kahn and J. J. Silk.

Managing National Security (21315). 2 units. In a global, interdependent system, the challenges to the integrity of the political and social organization of a state go far beyond conventional military threats. The seminar will examine systematically the concept of national security, as distinguished from military defense and, within the constitutional and statutory framework, develop methods for anticipatory threat identification, assessment of gravity, identification of national resources for response, and the invention of response strategies, including the utility and lawfulness of proactive measures. Paper or examination option. W. M. Reisman and J. E. Baker.

Medicine, Ethics, and the Law (21214). 3 units. A wide range of issues in contemporary medicine challenges common ethical values in ways that appear to invite new legal regulatory responses. There are scientific developments-such as new possibilities for genetic manipulations, for use of animals as sources for organ transplantation, for extending the life span so that most people will die only after prolonged disability, for extending viability earlier in fetal development with attendant risks of significant lifelong disability. There are organizational changes in the delivery of medical care-such as the increased prevalence of managed care and of for-profit institutional structures-that promote rationing of care in the service of goals inconsistent with conventional conceptions of physicians' individualized commitment to patients. There are conventional exercises of physicians' authority, such as discretion to withhold therapies regarded by physicians as "futile," or of legislative regulatory authority, such as prohibiting physicians from hastening the death of terminally ill people-all of which are now being contested as inconsistent with the values of individual autonomy. This course will examine such issues, evaluate the individual and social ethical questions raised by them, and explore the justification for undoing such customary legal regulations and/or adding new ones. Examination or paper option. R. A. Burt.

Nonprofit Institutions (21280). 3 units. This course will be concerned with the legal treatment, under federal and state law, of the world of nonprofit organizations, charitable and otherwise. The course will start with an overview of tax and nontax regulation of the nonprofit sector. The class will then examine in greater detail a number of issues relating to the financing and governance of nonprofits, including a review of the theory and practice of tax "subsidization" and several modes of government control over such matters as fund raising, joint ventures between nonprofits and for-profits, conversions (of health care entities) from nonprofit to for-profit status and vice versa, self-dealing, investment standards, international operations, affirmative action, and redistributive practices (or their absence). Attention will be given to the special regulatory regime for private foundations enacted in 1969. Along the way, the class will consider various law-related policy and management dilemmas that confront the voluntary sector, relating to the expansion or reduction of its mission (should nonprofits operate railroads, prisons, daily newspapers, prescription drug producers?); its accountability (pecuniary and programmatic); its search for revenue (herein, charity's involvement in commerce); and its quest for impact (herein, charity's involvement in politics).

This course is separate from but may be taken in conjunction with the Nonprofit Organizations Clinic (see below). Take-home examination or paper option. J. G. Simon and B. B. Lindsay.

Nonprofit Organizations Clinic (21056). 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.

Pension and Employee Benefit Law (21007). 3 units. The private pension system now commands assets exceeding $10 trillion. Pension and employee benefit plans have become ubiquitous features of the modern employment relationship. The legal regulation of these plans is both an independent legal specialty and a subject that overlaps other fields, including corporate, labor, tax, trust, domestic relations, and employment discrimination law. The regulatory scheme has been undergoing incessant change, and one purpose of this course will be to understand the likely direction of future change.

The course will examine the relation of the private pension system to the public systems, especially Social Security. It will offer a substantial introduction to the federal tax treatment of pension funds. The main focus will be on various bodies of regulatory law, especially the Employee Retirement Income Security Act (ERISA) of 1974, as amended, and its case law. After providing an overview of the main types of plans, the course will examine the rules of governing coverage, vesting, integration with Social Security, funding, fiduciary standards, investment, distribution, and preemption of state law. The federal insurance scheme for defined benefit plans administered through the Pension Benefit Guaranty Corporation will also be emphasized. Text: Langbein and Wolk, Pension and Employee Benefit Law. Examination. J. H. Langbein.

[A] Political Economy of Information (21299). 2 units. The blossoming of practices and concepts such as free software, Freenet, open content, open source journalism, or open sorcery digital art represent the possibility of the emergence of deeply egalitarian practices of information production and exchange in the digitally networked environment. The seminar will explore two theoretical questions: (1) what are the possibilities for, and limitations of, sustainable commons-based information production in a networked environment; and (2) how justified or extravagant are the claims that this model of organizing information production and exchange serves "freedom." On the way, we will examine specific case studies of commons-based peer production, and will consider their economic sustainability and their impact on the industrial model of information production. We will then consider how this approach to information and cultural production affects various conceptions of democracy and of individual autonomy. We will conclude with a consideration of how this institutional battle affects, and is affected by, the constitutional commitment to free speech. Paper required. Enrollment limited to twenty. Y. Benkler.

Prison Legal Services (21237). 3 units, credit/fail. Students in this clinical seminar will provide legal assistance to inmates at federal and state prisons. Cases selected will concern the clients' status as prisoners and may include challenges to federal sentences and Section 1983 civil rights actions. The weekly class sessions will focus on prisoners' rights, readings about prisons and punishment, and current Legal Services Organizations cases. The seminar will also concentrate on developing professional responsibility through weekly seminar and supervision sessions, plus eight to 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 administrative hearings and court appearances. Enrollment limited. B. Dignam.

Problems in Evidence (21037). 2 or 3 units. This seminar will focus on the allocation of functions between judge and jury, the problem of expert and scientific evidence, evidentiary privileges, and shortcuts to proof (such as judicial notice, presumptions, and burden of proof). The seminar will include a brief historical survey of the law of evidence and occasional forays into comparative systems of proof. The course in Evidence is not a prerequisite. Final paper or examination option. Enrollment limited. M. R. Damaska and S. B. Duke.

Property (21017). 4 units. This course will begin with an inquiry into a fundamental question of human civilization: how members of a group should allocate formal or informal entitlements to scarce resources such as wild animals, labor, ideas, water, and land. Thereafter, land will become our exclusive focus. 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 zoning, eminent domain, and other tools of public land-use regulation. Examination. R. C. Ellickson.

Property: Individual Research (21018). 3 units. The instructor will separately supervise up to six students who wish to write papers on property topics. A paper may be used to satisfy the Substantial Paper or Supervised Analytic Writing requirement. Enrollment limited. 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 J. A. Meyer.

Religion and the Constitution (21293). 2 units. This seminar will explore the historical interpretations, underlying philosophies, and doctrinal developments of the establishment and free exercise provisions of the First Amendment. An ambitious (and probably unattainable) aim of our investigations will be to specify the permissible role of religion in politics and politics in religion. Paper required. Enrollment limited. H. H. Wellington.

Rethinking the Administrative State (21206). 2 units. This is an advanced research seminar requiring Administrative Law as a prerequisite or the permission of the instructor. Class discussion will concentrate on new directions in bureaucratic organization and organization theory, comparative analysis of administrative law, and their implications for administrative law reform in the U.S. Paper required; Supervised Analytic Writing or Substantial Paper credit available. J. L. Mashaw.

Secured Transactions (21281). 3 units. This course is designed to 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. We 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. Examination or paper option. G. E. Brunstad, Jr.

Securities Fraud Law (21278). 3 units. This course will examine the laws governing fraud in securities markets, focusing on secondary markets. We will examine fraud in management statements to the market (including both government sanctions and private liability); fraud in proxy solicitations; insider trading; fraud in tender offer context; vicarious liability; controlling person liability; accountant and lawyer liability (civil and administrative); aiding and abetting liability, and liability for short swing trading. Enrollment limited to students who have taken or who are taking Business Organizations. Securities Regulation is not a prerequisite. Examination. J. Arlen.

Securities Regulation (21065). 3 units. An examination of federal laws relating to securities and derivatives. Prerequisite: a basic course on corporate law. Examination. R. K. Winter, Jr.

Sentencing: Pardons and Commutations (21288). 3 units. An examination of the pardons issued by President Clinton near the end of his administration in light of the history and purposes of the clemency process and the role of forgiveness and mitigation in other areas of criminal law and procedure. Supervised Analytic Writing or Substantial Paper credit available. Interested students should submit a brief statement as to the course work or field experience underlying their interest in this subject. Enrollment limited. D. J. Freed.

Sexuality, Gender, and the Law (21129). 3 units. This course will explore the historical, comparative, statutory, constitutional, and theoretical dimensions of law's regulation of sexuality and gender. Because sex, gender, and sexual orientation issues are at the cutting edge of privacy, equality, and free speech litigation in this and other countries, the course can be viewed as an advanced constitutional law course. The exploration of natural law, law and economics, feminist, and gay legal theory in many different contexts also gives this course a jurisprudential focus. Examination (paper option if the class has fewer than forty students). W. N. Eskridge, Jr.

[The] Structure and Performance of the Administrative State (21304). 2 or 3 units (depending on paper). This seminar will explore the structural relationships, institutional requirements, legal principles, political dynamics, and policy performance of the contemporary American state. We first consider different models of politics, consider how institutional structures matter, and emphasize the challenges posed by the loose-jointedness of the American policy, its hanging ideology and purposes, and competing norms of administrative process. Drawing upon recent case studies, we then subject four specific issues to political, social, legal, and policy analysis. These issues deal with (1) rights, (2) regulation, (3) redistribution, and (4) process. The analysis will emphasize how different political theories and policy approaches interact to shape policy, how policy is and is not constrained, and what cross-cultural comparisons can teach us about the distinctiveness of our administrative state. Finally, we use the analysis of these specific issues to derive some cross-cutting themes and to refine the political/administrative models introduced earlier. 2 or 3-unit paper required, but ungraded credit-fail option available under prescribed conditions. P. H. Schuck.

Theories of Property Seminar (21272). 2 units. This seminar will be devoted to a close examination of some theoretical issues regarding the nature and justification of property. Topics to be covered include the concept of property, the distinction between property rights and contract rights, the nature of remedies for protecting property rights, the emergence and evolution of property regimes, and the place of property in a just society. Prerequisite: Property. Paper required. Enrollment limited. H. E. Smith.

Trial Practice (21183). 2 units, credit/fail. An introduction 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. S. Wizner.

Wills, Trusts, and Future Interests (21276). 4 units. This course will present the law governing (1) the disposition of property under state statutes of succession and by will (including the preparation, execution, and revocation of wills; testamentary capacity; fraud; fiduciary duties, and select topics in estate administration); (2) the theory and practice of trust law (including types of trusts; the creation, alteration, and termination of trusts; the trustee's standard of care, and trust accountings); and (3) future interests and the rule against perpetuities. Estate and gift tax matters may be covered where appropriate. Examination. W. P. LaPiana.

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