Course Offerings

Fall Term

First-Term Courses
Constitutional Law I (10002). 4 units. A. Amar (Section A), K. Yoshino (Section B), P. Gewirtz (Group 1), P. W. Kahn (Group 2), D. C. Malamud (Group 3), J. Rubenfeld (Group 4), R. Siegel (Group 5).

Contracts 1 (11001). 4 units. S. L. Carter (Section A), A. L. Chua (Section B), A. Schwartz (Section C), I. Ayres (Group 1), S. L. Carter (Group 2), R. W. Gordon (Group 3), D. Markovits (Group 4), J. G. Simon (Group 5).

Procedure I (12001). 4 units. O. Hathaway (Section A), H. H. Koh (Section B), D. S. Days (Group 1), J. Resnik (Group 2).

Torts 1 (13001). 4 units. G. Calabresi (Section A), R. C. Ellickson (Section B), P. H. Schuck (Section C).

Advanced Courses

*Courses marked with an asterisk satisfy the Professional Responsibility requirement described under Academic Requirements and Options.

Administrative Law (20277). 3 units. This course will survey the legal and practical foundations of the modern administrative state. Topics will include a brief history of the administrative state; competing theories of regulation and of the proper scope and limits of administrative discretion; the place of agencies in the constitutional scheme of separated powers; creation of administrative agencies and the delegation doctrine; judicial and executive review, and legislative oversight, of the procedures and substance of administrative action; the organization of the executive branch; and proposals for reform of the administrative process. Take-home examination. R. W. Gordon.

Advanced Income Tax (20278). 2 units. The course will focus on unsolved structural problems in the federal income tax. Among the topics to be examined: tax shelters and the limitations of the form and substance doctrine, financial derivatives and issues relating to the realization of gain and loss, timing, accounting and imputed interest problems, and inflation effects. Prerequisite: the basic income tax course. Examination. M. A. Chirelstein.

Advanced 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 is to take students beyond basic competence to excellence in legal writing. Enrollment limited. R. D. Harrison.

[The] Adversary System of Civil and Criminal Justice (20274). 3 units. Unlike the European and European-derived legal systems that prevail elsewhere in the world, in which judges are responsible for investigating the facts of a lawsuit and for identifying the relevant principles of law, the Anglo-American systems leave that work largely to the lawyers for the parties. Thus, we privatize functions that other systems regard as public goods. Has our system wisely avoided a lethargic, bureaucratic, and authoritarian morass (as Continental justice is commonly depicted), or have we sacrificed the interests of justice by remitting the conduct of our adjudicative processes to mercenary adversaries whose only incentive is to win, even when winning requires concealing and distorting the truth? This seminar will inquire about the strengths and weaknesses of adversary justice. All assigned reading will be in English, but students competent in a foreign language will be encouraged to explore comparative sources in those languages. Several short and one longer paper will be required. J. H. Langbein.

AIDS Law Research Seminar (20292). 3 units. This seminar will explore the intersection of law and HIV/AIDS. Paper required. H. L. Dalton.

Alternative Dispute Resolution (20314). 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 negotiated settlements, mediation, and arbitration, as well as some newer applications. The course will examine the strengths and weaknesses of these and other methods of dispute resolution from private and public perspectives, with an emphasis on the legal and policy questions that alternative dispute resolution poses. Students will study ADR as future consumers and policy makers, rather than providers of the services. In other words, the central goal of the course is to enhance students’ ability to counsel and represent clients in these fora, not necessarily to act as neutrals. The ADR course will coordinate with the Quinnipiac-Yale Dispute Resolution Workshop. Three or four guest lecturers will present papers over the course of the semester. Students will read each speaker’s paper and submit a page or two of questions/comments the day before the lecture. Examination or paper option. J. G. Brown.

American Public Welfare Law (20318). 3 units. This course will survey the fast-changing area of public welfare law. Topics to be explored include the major legal and policy problems that arise in the design of public benefit programs serving low-income families, particularly cash assistance, food stamps, and Medicaid. Among the issues addressed will be attempts to equate material poverty with immorality, designing and administering means tests, approaches to rationing scarce budgetary resources, varying conceptions of “entitlement,” work requirements, interactions with family and immigration law, civil rights issues, and problems of federalism and the separation of powers that help shape means-tested programs. Each student will write and present one short paper analyzing a problem raised by one week’s readings and also will prepare a longer paper due at the end of the term. D. A. Super.

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 (20289). 3 units. This course will examine law prohibiting discrimination on the basis of race, sex, and sexual orientation since the 1960s. The course begins with selected topics in equal protection law, including Congress’s power to enact civil rights laws under Section Five of the Fourteenth Amendment. Then the focus will be on federal employment discrimination law, with occasional consideration of related bodies of civil rights legislation. An attempt will be made to identify the basic assumptions of antidiscrimination law in order to reason critically within legal doctrine, and about legal doctrine, in this field. In particular, the course will draw on sociological conceptions of status to explore concerns addressed by antidiscrimination law, examining the equality claims of different groups, in a variety of contexts, including education, the military, the criminal justice system, and the workplace, as well as in matters concerning the regulation of reproduction, sexuality, and family. Examination. R. Siegel.

Antitrust: Individual Research (20007). 2 to 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.

Banking and Financial Institutions (20315). 2 units. This course will provide students with an understanding of the structure of the U.S. financial services industry and the regulatory framework that governs it, with emphasis on the purposes of regulation and evolving regulatory concepts. The course will cover the regulation of different types of financial institutions including banks, bank holding companies, financial holding companies, securities broker-dealers, mutual funds, and insurance companies. A central theme of the course will be the convergence of these institutions into a unified financial services industry and the implications of this trend for the fragmented regulatory system that governs it. The course will focus primarily on the regulation of banks and their affiliates, with the regulation of securities firms and insurance companies covered to give students a view of the regulatory issues that arise when the business of banking intersects with the securities and insurance businesses. Examination. M. L. Fein.

Business Organizations (20275). 4 units. A general introduction to the role and structure of organizational law. Although broadly held business corporations will be the principal focus of the course, attention will also be paid to other modes of organizing both commercial and noncommercial enterprise. Examination. H. Hansmann.

Capital Punishment: Race, Poverty, and Disadvantage (20250). 4 units, credit/fail option. This course will examine the process of imposing the death penalty, with emphasis on legal representation for people who cannot afford lawyers, and racial discrimination. It will address the influence of race, poverty, politics, and the passions of the moment in decision making in capital cases; prosecutorial discretion; judicial independence; the participation of people of color as jurors, judges, prosecutors, and attorneys in the criminal justice system; mental health issues; and the appropriateness of the death penalty for people who are mentally retarded, mentally ill, or children. 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 work on capital cases in Connecticut with members of the Capital Trial Unit of the Connecticut Public Defender Office doing such things as researching and analyzing issues, participating in investigations, and observing court proceedings. Students must complete a substantial writing assignment, such as a portion of a motion, brief, or memorandum of law. Enrollment limited. S. B. Bright.

*Cinematic Images of the Legal Profession (20293). 3 units, credit/fail. Of late, we in the “law biz” see ourselves reflected at every turn, especially on television and at the movies. We ignore these popular cultural visions at our peril, for they not only reflect an accepted view of who we are and what we do; they also shape how we view ourselves and alter the terms and conditions of our daily lives. The principal texts for this course will be videotapes of films and television shows that treat law, lawyers, and/or the practice of law as a central theme. Each week, we will first view, then discuss (on a separate day) one or more such representations. Course requirements will include faithful attendance and either of the following: two fifteen-page papers; a screenplay; or a film on a short subject. Special arrangements must be made for students wishing to satisfy the Substantial Paper requirement. H. L. Dalton.

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, 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. R. A. Solomon and S. Wizner.

Comparative Law (20218). 3 units. This course will 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 Perspectives on Assimilation and Discrimination (20272). 3 units. This seminar will investigate the relationship among assimilation, discrimination, and other related concepts such as acculturation and accommodation. The seminar’s approach will be comparative in two senses. First, the course will seek to trace commonalities and differences among the forms of assimilation demanded of various groups, including those based on religion, race, sex/gender, and orientation. Second, the course will examine how different cultures deal with the concept of assimilation along these axes. Case studies will include the treatment of “racial” minorities in Japan and the treatment of transgendered individuals in Native American culture. The seminar will strive to give the bright and dark sides of assimilation their due, and to challenge students to envision an anti-discrimination jurisprudence that takes both into account. Examination with paper option. Enrollment limited. K. Yoshino.

Complex Civil Litigation (20286). 4 units. A casebook course in jurisdiction, joinder, discovery, complex litigation, and related topics. Emphasis on the management and reform of discovery and on complex mass tort litigation. Examination. E. D. Elliott and A. Kanner.

Complex Federal Litigation (20298). 2 units. Limited opportunities exist for self-motivated and independent students to work on three federal cases. Two of the cases are federal civil rights cases brought under 42 USC 1983. They are brought on behalf of disabled individuals who were, at the time of the events alleged in the complaint, pretrial detainees. Each of these cases raises claims under the Americans with Disabilities Act, the Rehabilitation Act, and the federal Constitution. Complicated issues of federal jurisdiction and statutory interpretation have provoked motions to dismiss, and discovery is ongoing. The third case is a federal habeas brought to challenge a decision of the Immigration Court ordering removal (formerly deportation) of a Jamaican citizen who is a legal permanent resident. Work on the federal habeas during the fall will include crafting an argument that the client was prejudiced by his attorney’s acts and omissions. It will also involve a state habeas to vacate the guilty plea to criminal charges on the ground that the client was not advised (by his attorney or by the court) that his plea would result in removal. It will also involve investigation of the facts underlying the plea and reassessment of the defenses to the original charge that might have been available. B. Dignam.

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. 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 and D. Wade.

Controlling Corporate Conduct (20281). 3 units. The theory is that corporate activity is regulated by the rule of law. This course will examine the validity of that proposition in the context of judicial decisions and statutory and regulatory doctrines. Appellate judicial opinions make law by reaching a result compelled by policy and/or precedent; but the results of the former are almost always unclear, and precedent is usually distinguishable. The challenge, therefore, is to analyze the opinions closely, accurately, and against the reality of the business transactions being challenged. The course begins with two sessions analyzing and discussing judicial opinions in corporate and securities law. The ensuing bulk of the course consists of three written exercises involving judicial opinions in these areas, each of which requires sharing a memorandum with all mem-bers 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. Enrollment limited. J. G. Deutsch and W. C. Baskin, Jr.

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 examination or paper option. Papers may qualify for Supervised Analytic Writing or Substantial Paper credit. Enrollment limited. S. B. Duke.

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.

[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. Examination or paper option. Enrollment limited to fifteen. A. S. Goldstein.

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

Criminal Law and Political Structure Seminar (20306). 2 units. This seminar will explore the connections between political structure, citizenship, and the criminal law. Students will read and study famous criminal trials, from the Scottsboro cases to the trial of Adolf Eichmann, in an effort to determine whether political theory (and, in particular, theory of political structure) can help us ask new, and more illuminating, questions about the criminal law. A major criminal case of note or controversy will be discussed each week, in terms provided by political theorists (as diverse as Aristotle, Martin Luther King, Jr., and Hannah Arendt). The topics of the trials covered include those of contemporary interest, such as battered woman’s self-defense, honor defenses, insanity claims, and racial prejudice in the application of the criminal law. Prerequisite: an introductory course in criminal law. Paper required. V. F. Nourse.

Criminal Procedure I (20270). 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.

Criminal Responsibility Seminar (20280). 3 units. This course will meet twice a week for the first six weeks of the fall term, during which time six topics in the theory of responsibility will be discussed. Tentatively, but in no particular order, these topics are: the conditions of responsible agency; justifications and excuses; the relevance of what happens to what one does; punishment; repair; and responsibility and authorship of one’s life. The format will be as follows: Relevant background materials and a particular featured paper will be discussed at the first weekly meeting. At the second weekly meeting, the author of the featured paper will be engaged in a sustained discussion. The author will be either one of the instructors or an invited guest. There will be background reading that students will be expected to have read prior to the first session. The course will reconvene in the spring, during which time each student will meet with the instructors for a one-hour (or so) discussion of his or her term paper. The term paper is the method of assessment. Substantial Paper credit available. Paper required. Enrollment limited to fifteen. J. L. Coleman and J. Gardner.

Designing Public Institutions: Individual Accounts Are the Answer: What’s the Question? (20049). 2 units. Ideally institutional design begins with a problem and seeks a solution—some set of legal norms, decision processes, and fiscal commitments—that promises to be both effective and consistent with broader public values. Means are harnessed to ends. Yet, means can sometimes take on a life of their own, becoming the “chicken soup” of public policy debates. “Individual accounts” have recently taken on that character, offering solutions to problems ranging from saving Social Security pensions to funding broadened opportunities for public education to the realization of radical redistributions of family and individual wealth. This seminar will explore the individual account idea both as a political phenomenon and as a technical policy solution in a variety of policy contexts. Papers are required and must be completed by the last day of the fall-term examination period. Substantial Paper credit is available but not Supervised Analytic Writing credit. Enrollment limited to twelve. M. J. Graetz and J. L. Mashaw.

Development of the Western Legal Tradition (20285). 3 units. This course will examine the rise and spread of the Western legal tradition, especially in the cultural centers of continental Europe. Topics discussed will include the development of the learned legal traditions of Roman and Canon law; the separation of law from religion in the Western world; relations between city and countryside; and the structures and eventual breakdown of social hierarchy. The course will also give some attention to the spread of Western legal forms and practices into Latin America and Asia. Examination or paper option. J. Q. Whitman.

Directed Research on Property, Natural Resources, Environmental Law (20287). 2 or 3 units. Individual research leading to papers in the areas of property, natural resources, and environmental law. Supervised Analytic Writing or Substantial Paper credit on selected basis. Permission of the instructor required. C. M. Rose.

Education Law (20311). 3 units. This course will examine the “right” to equal educational opportunity and will consider the various legal efforts, at the state and federal level, to improve the educational opportunities available to elementary and secondary students. The course will concentrate primarily on school desegregation, school finance litigation, and school choice, but will also consider, as time permits, the federal government’s role in expanding the educational opportunities of low-income and disabled students. In addition to examining the relevant cases and legislative responses, we will also study selected readings by historians, education policy experts, economists, and legal scholars, including critical race theorists. Issues to be addressed include the educational ramifications of desegregation and school finance litigation; the institutional capability of courts, either state or federal, to achieve change in these areas; the influence of race on school finance reform; and market-based alternatives to improving the equity and adequacy of the public education system. Examination. J. E. Ryan.

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

*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.

[The] European Judicial Federalism (20321). 3 units. The political organization of European countries, although still taking shape, is well on the way to becoming truly integrated, mainly due to the role of the European courts, whose influence is increasingly visible in national legislation and case law. This course will show how, thanks to the European courts, the primacy of European law over domestic law has now become a reality, and why it’s justified to speak of a “European judicial federalism.” Presently, European countries are part of two different organizations—the Council of Europe and the European Union—whose common inspiration was to keep peace in Europe. Both organizations are still very different in their makeup and structures, but both systems have in common that courts ensure the respect of European treaties and legislation which prevail in all cases over domestic law. This course will examine the theory, reality, and mechanics of this European court system based on readings, case studies, and discussions. It will cover: European integration in the framework of the Council of Europe and the European Union; the role and functioning of the European Court of Human Rights in Strasbourg (Council of Europe) and the European Court of Justice in Luxembourg (European Union); the relation between national courts—supreme courts in particular—and European courts and how European court decisions are applied by judges in different countries; case law studies regarding equality between men and women; case law studies regarding freedom of expression; and procedural protections. Special emphasis will be put on the influence of European law on Constitutional domestic law. This course will meet from the beginning of September through the middle of October. N. Lenoir.

European Union Law (20282). 3 units. This course will address a set of generic questions about how new legal systems emerge and evolve, focusing substantively on the EU. Among other topics, the course examines: the “new constitutionalism” in Europe; the sources and consequences of the “constitutionalization” of the Treaty of Rome; the relationship between national and the EU legal orders; litigating and adjudicating EU law in national courts; the development of precedent; and the impact of the legal system on other processes associated with European integration, such as trade, market regulation, and policy making at both the national and supranational levels. Take-home examination and several short discussion papers. A. Stone Sweet.

Family Law (20307). 3 units. This course will examine federal and state laws concerning familial relationships and their justification. We will focus primarily on legal familial relations between adults including restrictions on who may marry, alternatives to marriage, spousal privileges, and the dissolution of marriage. Although guest speakers will be invited to address the practical aspects of family law, significant emphasis will be placed on the theoretical and historical underpinnings of current doctrine. Examination. S. Shapiro.

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 Indian Law (20038). 3 units. This course will examine a number of central issues of contemporary law affecting American Indians. It will explore the foundational principles and doctrines governing the legal and political relationships among the United States, Indian tribes, and the several states. Emphasis will be given to modern jurisdictional conflicts among the three sovereigns, particularly their competition over the authority to regulate conduct, punish crimes, and tax activities by Indians and non-Indians on Indian reservations and lands. Other topics will include: tribal sovereignty, self-government, and self-determination; the preservation of Indian cultures and religions, including the right of Indians to practice their traditional religions at off-reservation sacred sites; and issues of economic development in Indian country, including the right of Indians to hunt and fish, to own and use natural resources—land, water, and minerals—and to operate gaming enterprises. No prerequisites. Examination or paper option. Enrollment limited. S. J. Gunn.

Feminist Theory Seminar (20303). 2 units. This seminar will critically examine the major intellectual/political traditions in Second Wave American feminist theory. Radical feminism focuses on sexuality as the crucible of gender inequality, for example, while cultural feminism points to kinship. Socialist feminists are concerned with the gender-based distribution of labor, and liberal feminists worry about gender-based exclusion from “public” spheres more broadly. Feminists of color challenge the validity of isolating gender from other categories of social existence, while feminist post-structuralists question the existence of the stable identity categories upon which some other approaches depend. Toward the end of the term, the class will examine one major debate within feminist legal theory to consider how the feminist intellectual traditions that have been studied have influenced—and might still influence—the debate and the relevant law. Students interested in enrolling in this seminar should submit to the registrar a short statement describing their interest and any relevant study or background in the subject; whether he or she is a second- or third-year law student, or where the student is in his or her course of study if a non-law graduate student. Short discussion papers required. Enrollment limited to twelve. V. Schultz.

Free Speech and Social Structure (20273). 4 units. An advanced constitutional law course on free speech and press, largely focusing on the relation between economic power and political power and the role of law in mediating the relation between the two. The emphasis will be on cases dealing with the media, political expenditures by corporations, the free speech rights of public employees, attempts to create a public forum out of private property, the protection of so-called intermediate groups such as unions, and the special problems of censorship arising from the denial of subsidies from government agencies such as the National Endowment for the Arts. Over the past twenty years, the Supreme Court has produced a large number of decisions on these issues, and the question presented, in stark, dramatic terms, is whether those decisions have confused property with free speech. Examination with paper option. O. M. Fiss.

Health Law and Policy (20304). 3 units. This course will provide a general introduction to health law, policy, politics, and economics. Topics will include, among others, access to health care, patients’ rights, the meaning and effects of “managed care,” the relationship of health care to public health, and selected issues in bioethics. Treatment of these issues in foreign health care systems will be analyzed to provide perspective on domestic issues. Examination with a limited paper option. T. R. Marmor and J. L. Mashaw.

History of the Common Law: Procedure and Institutions (20010). 3 units. An introduction to the historical origins of Anglo-American law, with particular emphasis on the development of criminal and civil procedure in the centuries before the American Revolution. Topics: (1) the jury system—medieval origins and European alternatives, separation of grand and petty juries, changes in the functions and composition of the jury from medieval to modern times, the varieties of jury control; (2) civil justice—the forms of action and the pleading system; attorneys, bar, and bench; the regular and itinerant courts; legal education, law reporting, and the legal treatise; 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; 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 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. This clinic will be taught on a two-term basis; students are encouraged to enroll for two terms. Enrollment limited. R. A. Solomon and R. J. Young.

Human Rights Workshop: Current Issues and Events (20134). 1 unit, credit/fail. Conducted in workshop format and led by Professor Paul Kahn, Director of the Orville H. Schell, Jr. Center for International Human Rights, the course will discuss recent writings in the field, presentations from outside guests and participants, and newsworthy events in the human rights arena. P. W. Kahn.

Ideas, Culture, and Rationality in International Law and Politics (20301). 2 or 3 units. Do ideas matter in international law and politics? To what extent does a complete description of state action in the international realm require an understanding of the influence and importance of ideas? This course will take an interdisciplinary approach to these questions. The class will look at the diverse literature in international politics known generally as “Constructivism,” examining efforts to define and explain the role of identify, morality, different forms of rationality, and other “intractable” variables in international affairs. The class will also examine a variety of works by international legal scholars that claim that it is impossible to understand state behavior without recognizing the persuasive power of legitimate legal obligations. Paper required. (This course will follow the Yale College academic calendar.) O. Hathaway and K. Darden.

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. J. K. Peters, S. Wizner, and H. V. Zonana.

Insurance Law and Policy (20313). 3 units. Insurance ideas and practices define central privileges and responsibilities within a society. In that sense, our insurance arrangements form a material constitution, one that operates through routine, mundane transactions that nevertheless define the contours of individual and social responsibility. For that reason, studying who is eligible to receive what insurance benefits, and who pays for them, is as good a guide to the social compact as any set of Supreme Court opinions. This course will introduce the core principles and institutions of insurance and insurance law. In addition to surveying legal problems that arise in the context of common forms of insurance, the course will examine private and public insurance from economic, sociological, and historical perspectives. Other topics to be considered are the insurance dimensions of the World Trade Center disaster, Enron, civil justice reform, the backlash against managed care, and similar legal and political topics of interest. Examination. T. Baker.

International Arbitration: Directed Research (20323). 2 or 3 units. In this seminar, which is by arrangement with the instructor, students will write individual research papers on selected topics in international arbitral procedure. The particular focus is on arbitration in public international law, rather than private international law. Students are welcome to propose their own topics or may request the assistance of the instructor. Supervised Analytic Writing credit will be available. Paper required. L. Brilmayer.

International Criminal Law: The Trial of Slobodan Milosevic. (20269). 2 or 3 units. This seminar will explore events leading to the creation of the International Criminal Court for the former Yugoslavia and examine the substantive and procedural framework in which the Tribunal operates. It will then focus on the trial of Slobodan Milosevic and examine political and legal problems raised by this cause célèbre. The seminar will end with an inquiry into the present status and likely future of international criminal courts. Examination or paper option. Enrollment limited. M. R. Damaska.

International Environmental Law and Policy (20326). 3 units. This course will provide an introduction to international environmental law and policy. After reviewing the rise of the international environmental agenda, the course will concentrate on how societies have responded to global-scale environmental challenges, including deforestation, biodiversity loss, desertification, climate change, ozone depletion, toxic substances, and the loss of living marine resources. The principal response to date has been in the area of international environmental law and policy, where a major new field of law and diplomacy has opened up and new multilateral institutions have been created. This first attempt at global environmental governance will be surveyed and critically evaluated. Alternatives will be examined. J. G. Speth.

International Joint Ventures and Strategic Alliances (20295). 2 units. Transnational businesses are very common these days. When a firm wants to expand its business across borders, the decision whether to open a subsidiary, acquire or merge with a local firm, or to take a strategic partner is sometimes a matter of choice. But law often constrains that choice. Often, a contract between firms or a joint venture entity with a particular nationality is the only permissible form of organization. These joint efforts present the business strategist and lawyer with many complexities and choices. When they are successful, they are very valuable, but they are also fragile and often have short lives. This course will explore many of the challenges involved in structuring these transactions, coupled with a practical examination and study of several prominent international alliances and joint ventures. The course focuses more on incentive and political problems presented by the desire to do business internationally with a partner and the legal and organizational strategies available for dealing with them, than on the important technicalities (tax, corporate form, etc.) necessary to make one of these joint ventures a reality. Paper required. M. E. Levine.

Internet Governance and Policy: Seminar (20309). 3 units. This seminar will consider institutional, legal, and policy issues created by the growth of global communications and e-commerce over the Internet. The focus will be an inquiry into whether and how the special characteristics of electronic communication and the Internet’s architecture challenge traditional legal doctrines and institutions. Preference will be given to third-year students. Students should be familiar with the Internet and, ideally, have a strong interest or background in technology. All students will be required to write either a Substantial Paper (for one additional credit) or a major paper in lieu of an exam. All students will also be asked to undertake special projects on behalf of the class, such as collecting materials regarding recent developments or preparing for role-playing exercises on specific topics. Paper required. Enrollment limited to fifteen. D. R. Johnson.

Jurisprudence (20308). 3 units. This course will examine a variety of historically influential responses to basic questions concerning the nature and legitimacy of law and the difference (if any) between law and morality. Readings will include works by legal positivists, natural lawyers, legal realists, and critical legal scholars. Examination or paper option. S. Shapiro.

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. I. Ayres, H. Hansmann, R. Romano, and A. Schwartz.

*Lawyering Ethics (20114). 3 units, credit/fail. In this clinical course students will participate in the disciplinary process against lawyers charged with violating ethical obligations to clients. The 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). The disciplinary procedures for judges will also be investigated. 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 or 1 unit (at the discretion of the instructor), credit/fail. Each student enrolled in this independent writing seminar will be required to prepare a 5-15 page essay that reflectively evaluates how her or his experiences in legal employment or other practical professional training, acquired during the immediately prior summer recess, have influenced her or his understanding of the legal system, the legal profession, or other aspects of legal culture. Permission of instructor required. Enrollment limited. A. Alstott.

Legislation (20066). 3 units. This course will provide an introduction to theories of the legislative process and their relation to the theory and doctrine of statutory interpretation. The course begins with a case study of the Civil Rights Act of 1964 and that study is used to illustrate three paradigms of the legislative process. The course will then turn to theory and practice of statutory interpretation. Students will test the theories of statutory interpretation against theories of law and the legislative process. The course will analyze the doctrines associated with statutory interpretation in detail. Examination. W. N. Eskridge, Jr.

Lowenstein International Human Rights Clinic (20188). 3 units, credit/fail. Students will work on a variety of human rights projects, usually in support of current advocacy efforts of human rights organizations. Projects are designed to give students practical experience with the range of activities in which lawyers engage to promote respect for human rights; to help students build the knowledge and skills necessary to be effective human rights lawyers; and to integrate the theory and practice of human rights. Class sessions will provide an overview of basic human rights principles and their application; instruction in and development of human rights research and writing skills; and discussion of the issues—legal, strategic, ethical, and theoretical—raised by project work. The clinic will have one or more student directors. Enrollment limited. P. W. Kahn and J. J. Silk.

Methods of Comparative Law (20283). 2 units. A critical survey of methods in comparative law. Themes include: the development and testing of causal theory; comparative research design; and the uses of single case studies. A wide range of substantive materials will be read and discussed. Term paper and several short discussion papers. A. Stone Sweet.

Natural Resources Seminar (20320). 2 units. This seminar will examine the legal regimes that govern the acquisition and control of natural resources, and will explore both existing and alternative approaches. The course begins with the history of the federal public domain, including statehood grants, homestead acts and the creation of the national forests, the national parks and the Bureau of Land Management system. This is followed by a brief exploration of constitutional and statutory issues raised by the division of authority between the federal government and the states in the control of natural resources, as well as the division of authority between Congress, agencies, and courts in the ongoing management of resources under statutes such as the National Environmental Policy Act. The course then turns to an introduction to the common law and federal statutory regimes governing several specific resources, including water, hard rock minerals, oil and gas, and wildlife. Paper required. Enrollment limited. H. E. Smith.

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.

Patent Law (20319). 3 units. This course will provide an introduction to patent law and policy, with an emphasis on the central elements of this branch of intellectual property. These include patentable subject matter, utility, statutory bars to patentability, novelty, nonobviousness, disclosure and enablement, infringement, defenses, remedies, and the examination process. The course will also examine the implications of and justifications for protecting intellectual property generally, and patents in particular. No technical background will be assumed. Examination. H. E. Smith.

Policy-Oriented Jurisprudence (20279). 2 units, credit/fail. A directed reading group that will examine the development of the New Haven School of Jurisprudence, largely through the writings of Harold D. Lasswell and Myres S. McDougal as well as through some contemporary applications. W. M. Reisman and A. R. Willard.

Prison Legal Services (20256). 3 units, credit/fail. Students in this clinical seminar will provide legal assistance to inmates at state prisons. Cases selected will concern the clients’ habeas challenge to conviction and/or sentencing. 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 at least twelve hours each week of required client work, including interviewing, investigating, counseling, and drafting of court papers. Where possible, the student’s representation of inmate clients, under attorney supervision, will include court appearances. Enrollment limited. B. Dignam.

*Professional Responsibility and the Legal Profession (20012). 3 units. Comprehensive and critical coverage of the Rules of Professional Conduct and the Code of Professional Responsibility, including proposals for change. Also considered will be major problems currently facing the legal profession, including multidisciplinary practice (MDP), unauthorized practice of law by lay competitors of lawyers, restrictions on interstate law practice, funding of legal aid, the risks and benefits of increased specialization by individual lawyers, taking advantage of new technologies, and lawyer quality-of-life problems from long workdays and high billable hours requirements. Examination. Q. Johnstone.

*Professional Responsibility: Directed Research (20300). (By arrangement with instructor) 2 or 3 units. Appropriate for Supervised Analytic Writing credit. This research seminar will focus on legal ethics issues of relevance to law graduates in their first five years out of law school and will involve research directed at development of a professional responsibility curriculum. It is particularly appropriate for persons who have already taken Professor Brilmayer’s Professional Responsibility course and are interested in being a teaching assistant in the spring semester. Students who would like to be a teaching assistant during the spring must be available during the spring semester during the Wednesday 9-11 a.m. time slot as well as Wednesday 4-5 p.m. or 5-6 p.m. and must have the advance permission of Professor Brilmayer. L. Brilmayer.

Property (20013). 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. 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—including 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. C. M. Rose.

Property: Individual Research (20094). 3 units. The instructor will separately supervise up to six students who wish to write a paper on a property topic. The paper may be used to satisfy the Substantial Paper or Supervised Analytic Writing requirement. Enrollment limited. R. C. Ellickson.

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 courses. K. Stith and J. A. Meyer.

Public Interest Law (20324). 1 unit, credit/fail. Co-convened by the Arthur Liman Public Interest Program and other student public interest groups, this reading group will focus on the history of public interest law, models of practice, and challenges of theory and substance, including topics such as the controversies about what constitutes public interest law, the utility of financing litigation, and strategic advocacy. Sessions will consider the current substantive issues related to identity-based litigation, housing, capital punishment, and public benefits, among others. J. Resnik, D. E. Curtis, and D. J. Cantrell.

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.

Quantitative Corporate Finance (20208). 3 units. This course will introduce students to some of the fundamentals of financial economics. Topics will include net present values, the capital asset pricing model, the efficient capital market hypotheses, event studies, and option theory. 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.

[The] Regulation and Support of Nonprofit Institutions: A British-American Comparison (20299). 1 unit, credit/fail. This reading course will examine, on a comparative basis, law and governmental policy relating to nonprofit institutions in the United Kingdom and the United States. Topics to be considered include the historical development of the nonprofit sector in both countries and the way in which the legal treatment—providing both regulation and support of the sector—reflects social, economic, and political concerns. Also to be examined will be such key issues as the definitions of public benefit; the autonomy of nonprofit organizations; the role of advocacy and its limits; and the scope and strength of regulatory power over these organizations. The course will also consider support regimes in both countries, through taxation and other means. The reading course will meet six times during the term from early September to mid-October. Hours to be arranged. W. N. Eskridge, Jr., J. G. Simon, and M. Bolton.

Regulation, Deregulation, Reregulation (20297). 3 units. This course will be about the origins, nature, and consequences of using the power of government to alter the outcomes of economic activity. The focus of the course will be both positive and normative, addressing the questions: What are the forces that produce regulation? How does regulation work in theory and practice? Is regulation desirable? As a positive matter, the course will focus on the forces that bring regulation into being, how regulators behave, how regulated managements behave, what kind of performance can be expected from regulated industries, the origins and effects of deregulation, and the availability of institutional substitutes for regulation. As a normative matter, this information will be used to assess the desirability of various regulatory interventions from the standpoint of the various interests affected and from the “public interest.” Examples will be drawn principally from the California electricity “crisis” and airline deregulation, but the lessons drawn will be general. Paper required. M. E. Levine.

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 five or six weekly two-hour sessions. W. M. Reisman, D. Wade, M. L. Cohen, A. R. Willard, and M. Engsberg.

[The] Rule of Law (20215). 2 or 3 units. To graduate from this institution, one must do Supervised Analytic Writing; but writing is synthetic, not analytic. This course explores the discrepancy. When this school attempted to teach law, rather than law and something, the method utilized was Socratic; but Socrates believed that writing necessarily distorted the Form whose pursuit was the object of disciplined thought. This course attempts to be Socratic. The writing in this course can be either a Supervised Analytic Writing paper or attempts (shared with other members of the seminar) to articulate one’s views on questions which are philosophical in nature, in that they are understood to be important but may not have answers. This course does not presuppose familiarity with the use of formal methods in analytic philosophy, but demands a willingness to work at a certain level of abstraction and rigor. Commonplace understandings will be challenged. It will be your burden to uphold them, if you intend to do so. Paper required. J. G. Deutsch.

School Finance Litigation Seminar (20312). 4 units (2 fall, 2 spring). This seminar will first examine the theory behind school finance litigation and the overall progress of this litigation throughout the country. Students, either alone or working in teams of two, will then conduct case studies of the litigation in different states, with the goal of preparing a substantial research paper that can be presented to the class in the second semester. These case studies generally should seek to determine, to the extent possible, why the litigation was successful or unsuccessful and, if successful, what impact the litigation has had on school financing and educational achievement. The ultimate aim is to arrange for the various case studies to be compiled and published as chapters in a book on school finance litigation. Yearlong course. Paper required. Enrollment limited to fourteen. J. E. Ryan.

Securities Regulation (20288). 3 units. An examination of federal laws relating to securities and derivatives. Examination. R. K. Winter.

Secured Transactions (20317). 3 units. This course will provide an in-depth examination of the basic structures and purposes of secured credit transactions under Article 9 of the Uniform Commercial Code. Discussions will focus on the essential elements of secured financing (including the creation and enforcement of security interests in various types of tangible and intangible property) as well as the longstanding debate over the essential utility and fairness of contractual security devices and the secured creditor’s priority. 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.

Sentencing: Independent Study (20322). 2 or 3 units. This is a research and writing seminar to plan a sentencing conference scheduled at the Law School in November 2002, in cooperation with the U.S. Sentencing Commission. The conference will coincide with the fifteenth anniversary of the federal sentencing guidelines. Along with members of the spring 2002 course, participants in this seminar will help organize the conference, draft materials for its invitees, and prepare a publication to summarize its lessons. Substantial Paper credit may be awarded. Enrollment limited. D. E. Curtis, D. J. Freed, and N. Gertner.

Theories of Constitutional Structure (20305). 3 units. This is an advanced course in constitutional law on structural theory. The course begins from a standard account often used to explain the Supreme Court’s structural decisions (formalism and functionalism). In the first part of the course, that account will be tested against constitutional text and history, focusing on the Federalist Papers, Madison’s notes from the constitutional convention, and selected excerpts from the ratification debates. In the second part of the course, topics to be considered include contemporary structural controversies, including presidential immunity from civil suit, impeachment and the independent counsel, the legislative veto, and the President’s appointment/removal powers. Here, a variety of scholarly accounts of structure are considered, including those based on representation, justiciability, and public choice theory. The final part of the course will consider the intersection of the separation of powers with the “new federalism,” asking whether it is possible to form a unified theory of constitutional structure. Prerequisite: an introductory course in constitutional law. Examination. V. F. Nourse.

Theories of the Fourth Amendment (20325). 2 to 4 units. This course will examine the Fourth Amendment from several perspectives, including: (a) the possible “original meanings” of the Fourth Amendment; (b) the application of these “original meanings” over time, as technology and culture change; (c) early cases on the Fourth Amendment; (d) modern—post Mapp—Supreme Court cases; and (e) the major academic treatments of the Fourth Amendment. There is no prerequisite for the course. Examination required. In addition, students will write at least one short paper during the term. The number of units will depend on the scope of the papers. K. Stith.

Trial Practice (20005). 2 units, credit/fail. An introduction to trial evidence and to the techniques and ethics of advocacy in civil and criminal trials. Students will act as lawyers in simulated trial situations. The instructors will be judges and experienced trial lawyers from the community, who will provide instruction and critique. Enrollment limited. 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 United States or China will present papers or discuss current issues. P. Gewirtz, J. Hecht, and J. P. Horsley.

Spring Term
*Courses marked with an asterisk satisfy the Professional Responsibility requirement describedunder Academic Requirements and Options.

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 Constitutional Law (21370). 3 units. This course will take an advanced look at the important shifts in constitutional doctrine over the last decade. Topics covered will include: the freedoms of speech and religion; sexuality and the Constitution; the constitutional meaning of “discrimination”; and interpretive method. Examination or paper option. J. Rubenfeld.

Advanced Legal Research: Methods and Sources (21027). 3 units. An advanced exploration of the specialized methods and sources of legal research in some of the following areas: administrative law; case finding; computer-assisted research; constitutional law and history; court rules and practice materials; international law; legislative history; and statutory research. Class sessions will include a weekly computer lab component. Research problems and paper required. Enrollment limited. S. B. Kauffman, R. D. Harrison, and S. Davidson.

Advanced Legal Writing (21343). 3 units. This course will provide practice in writing legal memoranda and briefs. Students will have the opportunity to refine their 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.

Advocacy for Parents and Children (21011). 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 casework (averaging ten to twelve hours weekly). Enrollment limited. J. K. Peters.

Alternative Business Structures (21353). 2 units. An examination of legal and commercial considerations relating to forms of doing business other than publicly held corporations. The course will take up partnerships, limited liability companies, limited liability partnerships, cooperatives, and nontraditional methods of doing business such as sports leagues. Examination. R. K. Winter.

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

Bankruptcy (21204). 3 units. This course will provide a comprehensive survey of basic bankruptcy law with emphasis on the structure and process of business reorganizations under Chapter 11 of the Bankruptcy Code. Discussion will focus on the basic elements of liquidations and reorganizations, as well as contemporary issues of interest and importance. Significant portions of the course will be devoted to examining the use of the reorganization laws to solve a variety of corporate ills, from product liability disasters to labor difficulties to over-leveraging. Consideration will also be given to some of the grand issues of bankruptcy, including issues that arise as a result of the impact insolvent enterprises may have on their competitors, and the essential interplay between bankruptcy and other substantive bodies of law. In addition, some time will be devoted to discussion of the current debate over bankruptcy reform. Examination or paper option. G. E. Brunstad, Jr.

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. 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 work on capital cases in Connecticut with members of the Capital Trial Unit of the Connecticut Public Defender Office doing such things as researching and analyzing issues, participating in investigations, and observing court proceedings. Students must complete a substantial writing assignment, such as a portion of a motion, brief, or memorandum of law. Enrollment limited. S. B. Bright.

Class and the Law Seminar (21373). 2 or 3 units. “Class” is not an official category in American law, and yet American law is shaped by and shapes American understandings (or misunderstandings) about class in many ways. This seminar will begin with an introduction to the concept of class from selected anthropological and sociological readings. Legal topics with class implications to be explored include some based on the instructor’s research (e.g., affirmative action, New Deal labor and welfare legislation), and some based on student research. Participants will be expected to write weekly reaction papers, to present their research to the seminar, and to write a final paper. Enrollment limited to twelve. D. C. Malamud.

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. R. A. Solomon and S. Wizner.

Comparative Law (21044). 3 units. An introduction to the comparative study of different legal systems. The course will focus primarily on differences between the ways that law and order are maintained, and justice pursued, in the United States on the one hand, and in Germany and France on the other. There will also be some attention to some non-Western traditions, such as those of China, Japan, and Islam. The overarching aim of the course will be to explore the extent to which differences in legal doctrine and legal practice reflect larger differences in social structure. With that aim in mind, the course will explore a variety of issues, among them differences in the French, German, and American concepts of “human dignity” and its protection; differences in civil and criminal procedure; differences in punishment practice; differences in the maintenance of everyday order in the streets; differences in the law of consumer protection; differences in welfare and unemployment law; and differences in the structure and regulation of business and banking enterprises. It is hoped that students will come away from the course both with some knowledge of foreign law and with a heightened sensitivity to some of the ways in which foreign societies can differ from our own. Examination or paper option. J. Q. Whitman.

Complex Federal Litigation (21320). 2 units. Limited opportunities exist for self-motivated and independent students to work on three federal cases. Two of the cases are federal civil rights cases brought under 42 USC 1983. They are brought on behalf of disabled individuals who were, at the time of the events alleged in the complaint, pretrial detainees. Each of these cases raises claims under the Americans with Disabilities Act, the Rehabilitation Act, and the federal Constitution. Complicated issues of federal jurisdiction and statutory interpretation have provoked motions to dismiss, and discovery is ongoing. The third case is a federal habeas brought to challenge a decision of the Immigration Court ordering removal (formerly deportation) of a Jamaican citizen who is a legal permanent resident. Work on the federal habeas during the fall will include crafting an argument that the client was prejudiced by his attorney’s acts and omissions. It will also involve a state habeas to vacate the guilty plea to criminal charges on the ground that the client was not advised (by his attorney or by the court) that his plea would result in removal. It will also involve investigation of the facts underlying the plea and reassessment of the defenses to the original charge that might have been available. B. Dignam.

Conflict of Laws (21358). 3 units. Personal jurisdiction, choice of law, and recognition of judgments in cases having contact with more than one state. Examination. L. Brilmayer.

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

Constitutional Litigation (21127). 3 units. Constitutional law courses traditionally focus on the development of legal doctrine and on how judges guide that process. This seminar will focus, in contrast, on tactical choices that confront lawyers and their clients in constitutional litigation and how the decisions they make affect the substance and scope of United States Supreme Court rulings. Seminar materials and discussions for approximately the first half of the term will be devoted to familiarizing students with problems presented by trial and appellate practice in litigating constitutional cases. Each student will be expected to write a paper for the seminar which analyzes, from this tactical perspective, a recently decided Supreme Court case, tracing it from pre-filing or pre-indictment up through state or lower federal courts, to oral argument and decision in the Supreme Court. During the second half of the term, members of the class will make work-in-progress oral presentations on the cases they have selected. Paper required. Enrollment limited. D. S. Days, III.

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

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.

Corruption, Economic Development, and Democracy (21042). 2 or 3 units. A seminar on the link between political and bureaucratic institutions on the one hand, and economic development on the other. A particular focus will be the impact of corruption on development and the establishment of democratic government. Paper (2 or 3 units) or examination (2 units). Enrollment limited. S. Rose-Ackerman.

Criminal Law (21363). 3 units. This course analyzes the basic principles of substantive criminal law, including the justifications for criminal punishment, the voluntary act, mental state and causation requirements, the preconditions of criminal responsibility, and the fundamentals of selected offenses. Examination. S. Shapiro.

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. A. S. Goldstein.

Cultural Theory and Law Seminar (21375). 2 units. As formulated by Mary Douglas and Aaron Wildavsky, “cultural theory” purports to relate variance in individuals’ perceptions of risk and other factual issues to differences in their cultural world views. This seminar will investigate the relevance of this theory for law. In addition to studying the work of Douglas and Wildavsky and their successors, the course will examine the power of cultural theory to explain disputes across a variety of legal domains, including (but not limited to) environmental regulation, gun control, capital punishment, and abortion. An attempt will be made to determine the normative and prescriptive implications of cultural theory for law. If the content of regulatory law reflects the outcome of disputes over cultural world views, which view or views should such law reflect? How should the function of law in expressing world views be reconciled with the instrumental functions of law? How might political disputes that are grounded in conflicting cultural world views be resolved? Paper required. D. M. Kahan.

Disability Rights (21339). 2 units. The Americans with Disabilities Act of 1990 (ADA) has, in recent years, become the most litigated of the modern civil rights statutes. Although over a decade has elapsed since its passage, federal courts are still at a very basic level in construing its provisions and applying them to a range of circumstances from employment to public accommodations. This seminar will be devoted to a consideration of the origins of the disability rights movement in the United States, pre-ADA federal efforts to address problems of equal opportunities for persons with disabilities leading to the ADA, and an in-depth analysis of that statute and its jurisprudence. Paper required. Enrollment limited. D. S. Days, III.

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, this instructor 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.

Economics of Law (21342). 3 units. A general introduction to the economic analysis of legal rules and institutions. The course presumes no previous training in economics, though it is designed to be of interest as well to students who have a strong background in that field. The object of the course is to familiarize students, in a more systematic and sophisticated fashion than is possible in basic courses on substantive law, with the elements of economic analysis most helpful in understanding law, with the power and limits of economics as a tool, and with some of the most important insights that economics offers into the structure and functions of law. In addition to exploring the basic elements of substantive law—property, tort, contract, and their interrelations—the course will deal with a range of other topics including procedure, criminal law, organizational law, and the processes of law formation. Examination. H. Hansmann.

Empirical or Historical Studies of New Haven: Individual Research (21376). 3 units. New Haven has been the subject of many noted studies of the law in action. This offering is designed to enable a student to engage in supervised research on an individually chosen topic. In prior years some students have chosen to examine a contemporary issue such as the processing of eviction actions, the social control of panhandling, the management of public housing, and the governance of the local airport. Others have engaged historical research on a topic such as the provision of street lighting, the evolution of the criminal courts, the advent of mandatory schooling, and the abolition of slavery. Enrollment limited to six students. R. C. Ellickson.

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.

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

Estate Planning (21371). 2 units. A course in the fundamentals of planning for the disposition of property inter vivos and at death, taking into account relevant property law and income and transfer tax aspects thereof. Topics will include, with primary emphasis on their federal income, gift, generation-skipping, and estate tax implications: intestacy, wills; trusts; life insurance; retirement benefits; concurrent interests in property; future interests and powers of appointment; marital transfers; and charitable gifts. Class participation will be part of the final grade. Examination. Prerequisite: Federal Income Taxation. W. C. Gifford.

Evidence (21142). 3 units. This course will examine the rules and doctrines regulating the presentation of factual proof in American trials, with primary focus on the Federal Rules of Evidence. Examination. D. M. Kahan.

Federal Criminal Investigations (21346). 3 units. This course will assess legal, ethical, and strategic considerations in the conduct of federal criminal investigations, including terrorism, white-collar crime, official corruption, and organized crime. We will consider the various tools of a federal prosecutor, both overt (interviews, grand jury subpoenas, search warrants, immunity orders) and covert (wiretaps, bugs, pen registers, clone beepers and faxes; video and physical surveillance; informants; undercover operations). Special attention will be given to the use of informants and accomplice witnesses, and to the expansion of certain types of authority in the Patriot Act (2001) and other recent legislation. The course will also analyze the role of a criminal defense lawyer in investigations, including issues involving attorney-client privilege, defense investigations, and grand jury practice. It is recommended that students have completed the course in Criminal Procedure or otherwise have gained familiarity with basic Fourth, Fifth, and Sixth Amendment jurisprudence. Take-home examination. K. Stith and D. B. Fein.

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

Federal Jurisdiction (21002). 4 units. An examination of the roles of federal courts in our system of government. The focus will be on the relation between federal courts and other branches of the federal government; the relation between federal courts and organs of state government, especially state courts; and the relation among federal courts. Particular attention will be paid to the jurisdiction and remedial powers of federal courts. Examination. P. Gewirtz.

Federal Jurisdiction (21352). 4 units. This course will examine the relationship between federal courts and coordinate branches of the federal government, the interactions between state and federal courts, and the interplay of state and federal law. Examination. A. R. Amar.

[The] First Amendment (21230). 4 units. This course concerns the constitutional rights of freedom of expression and freedom of religion guaranteed by the First Amendment. Among the topics covered will be offensive speech; libel; pornography; symbolic speech; commercial speech; campaign finance; Internet and broadcast regulation; restrictions on time, place, and manner of expression; selective government subsidies of speech; unconstitutional conditions on speech; religious autonomy; rights of religious communities; aid to parochial schools and other religious institutions; permissible accommodations of religious practice; and state establishments of religion. Examination. J. M. Balkin.

[The] First Amendment and the Internet: Directed Research (21362). 2 or 3 units. A limited number of students will be accepted for directed research and writing on First Amendment issues concerning freedom of speech, press, and religion, including but not limited to First Amendment issues involving broadcasting, telecommunications, intellectual property, or the Internet. Permission of instructor required. J. M. Balkin.

From TV to IP: Law and Policy of Modern Media (21367). 3 units. The media shape society and markets, but law and policy shape the media. How does the law—statutes, regulation, courts, norms—categorize, promote, suppress, and alter media businesses? Subject matter spans the early history of television to the future of the Internet. Issues include the politics of regulating the communications sector, the interrelationships of the judiciary, legislature, executive, and regulatory branches of government as applied to this sector, and current issues in TV and Internet policies and business models. Paper required. Enrollment limited. R. E. Hundt and G. C. Rubin.

Genetics, Ethics, and Law: Research Seminar (21341). 3 units. This seminar will explore ethical and legal issues raised by new scientific developments in genetics. Increased capacities for predictive genetic testing can be used to benefit or to harm the tested individuals; increased capacities for genetic intervention also convey possibilities of individual and social benefit or harm. We will examine these possibilities and consider various legal regulations that might be appropriate in such matters as genetic research (e.g., involving destruction of embryos), the uses of specific predictive tests (e.g., for fetal gender selection or withholding employment and insurance benefits), the uses of genetic manipulations (e.g., for human cloning or for controlling “antisocial” behaviors), and promotion of commercial exploitation (e.g., patent protections for human genes). Students will be expected to write research papers. Enrollment limited. R. A. Burt.

Groups, Diversity, and Law (21304). 2 or 3 units (depending on paper). Immigration, intra-group and inter-group differentiation, and egalitarian and diversity values are producing deep tensions and conflicts in a traditionally individualistic society. In complex ways, law influences how individuals assume group identities, how groups form, evolve, fragment, and compete with one another for social goods, and how diversity as social goal or constraint is defined and achieved. Legal and social science materials will be used to explore the meanings of diversity, the history of diversity-as-ideal, and specific efforts by the law to implement that ideal—sometimes as a remedy for past discrimination, sometimes as a by-product of other values such as religious freedom, and sometimes for its own sake. The focus will be on examples such as affirmative action, political representation, language rights, immigration, residential integration, religion, and expressive associations. The emphasis will be on racial and ethnic groups, not on gender and sexual preference. Each student must write, and some may be asked to present, a research paper. Supervised Analytic Writing and Substantial Paper credit may be given. An ungraded credit/fail option is available under certain conditions. P. H. Schuck.

History in Constitutional Interpretation Seminar (21374). 2 or 3 units. This seminar will explore the role of history in constitutional interpretation, with attention to the ways that constitutional argument varies as it is addressed to judges and other members of the polity. Part 1 of the course will consider the role that history plays in traditional, court-focused constitutional interpretation—examining appeals to original intent, custom, and collective memory, as well as other less commonly noticed practices of narrative argument. The second part of the course will draw on history to consider the life of the Constitution outside the courts. In the concluding weeks of the course, an examination will be made of the relation of constitutional interpreters inside and outside the courts, from both a positive and normative standpoint. In what circumstances ought judicial and nonjudicial interpreters defer to each other’s claims about constitutional meaning? Seminar readings will include canonical cases, constitutional argument, and different forms of historical scholarship, as well as theoretical work on constitutional law, democracy, history, narrative, and interpretation. Paper required. R. Siegel.

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; students are encouraged to enroll for two terms. R. A. Solomon and R. J. Young.

Human Rights Workshop: Current Issues and Events (21193). 1 unit, credit/fail. This course will be conducted in workshop format and led by Professor Harold Hongju Koh. Discussion will focus on recent writings in the field, presentations from outside guests and participants, and newsworthy events in the human rights arena. H. H. Koh.

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, including the plenary power doctrine, admission, deportation, detention, citizenship, discrimination against aliens, 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. J. K. Peters, S. Wizner, and H. V. Zonana.

Intellectual Property (21351). 4 units. An introduction to the basic law of property in intellectual endeavors—trademark, patent, copyright. The course will examine the theoretical bases for intellectual property, and will ask why, on the basis of these different theories, some kinds of intellectual effort receive protection while others do not. It will also question the different forms of legal protection for different kinds of intellectual activity—e.g., patents for invention, copyright for expression. Time permitting, the course will take up some of the critiques of conventional intellectual property emerging from new information technology, biotechnology, medial ethics, and the demands and achievements of less-developed countries. Examination. C. M. Rose.

International Business Transactions (21209). 4 units. An introduction to the formation, regulation, and global impact of international business transactions. The primary focus of the course will be on the legal and practical aspects of multinational transactions, including the structuring, negotiation, and documentation of the relevant arrangements. A secondary focus will be on the broader economic, political, and social context and consequences of international business transactions. Case studies from Latin America, Asia, and the former Soviet Union will be used. Likely topics to be discussed include international joint ventures, project finance, letters of credit, privatization, conflicts of law, extraterritoriality, sovereign debt restructuring, expropriation, corruption, and the relation between marketization and democratization. Examination or paper option. A. L. Chua.

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

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

International Law and State Behavior Seminar (21360). 2 or 3 units. This course will examine the effect of international law on state behavior. Why do states join international legal agreements, and when, why, and how do these agreements influence what states do? The class will consider a variety of explanations for state behavior offered by political scientists and legal scholars, exploring the role of domestic politics, transnational actors (e.g., corporations and nongovernmental organizations), and domestic courts in both creating and enforcing international law. The course will conclude with an examination of some specific issue areas, including trade, human rights, and environmental law. Paper required. Enrollment limited to eighteen. O. Hathaway.

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. Students who choose this course are also encouraged to enroll in International Taxation: An Introduction (21292). 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. Students who choose this course are also encouraged to enroll in International Tax Policy: Directed Research (21307). Prerequisite: Federal Income Taxation. Examination. A. Alstott.

Introduction to the 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. Law students should take note that the course begins nearly two weeks before the Law School semester begins. It ends two weeks earlier as well. Examination or paper option. J. L. Coleman.

Islamic Law and Society Seminar (21364). 3 units. Sacred in origin and all-embracing in scope, the conceptions of Islamic law are an essential point of departure for the study of historical and contemporary Muslim societies in the Middle East, Africa, Asia, and in the West. This seminar will introduce students to Islamic law through a reading of its different genres and a study of a selection of secondary sources covering some of its various topics. The course will also focus on the ways Islamic law has interacted with Islamic societies in historical practice and the way it has adapted, or not adapted, to the challenges of modernity. The course will begin with introductory readings on Islamic law in order to acquaint students with its early history and development as well as with some of its most basic concepts. Following on from this, students will read writings in and on Islamic jurisprudence (usul al-fiqh) in order to highlight the complexity of this science and its importance for the development of substantive legal rules and judgments. The next step will be to read selections from legal manuals of the Shafii school of law, in order to give students a feel for the presentation of Islamic law in the pre-modern legal manuals. The class will then look at the formation of jurists through the reading of a study on Yemen. The next set of readings is related to the various types of Islamic law: public, procedural, criminal, family, and property. After this students will read selections that will focus on the implementation of Islamic law in practice, involving among other things the important genre of fatwas (nonbinding legal options) and the treatment of society’s marginals. The course will end with a study of the various efforts to modernize Islamic law. Throughout the course, various principles and procedures of Islamic law will be contrasted with those of the Anglo-American legal tradition. It will be assumed that students have no background knowledge of Islam. Paper required. B. Haykel.

Labor Law (21372). 3 units. This course will examine 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. Emphasis will be placed on the relationship between unions and the employees they represent. The course will also examine the collisions between the NLRA’s promotion of “collective” action and other bodies of state and federal law that confer rights upon employees as individuals. The course will explore whether unionization remains a viable option for employees in today’s economic and social climate, why unionization 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. D. C. Malamud.

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.

Land Use Law (21366). 3 units. This course will explore the legal regulation of how land may be used, with an emphasis on the application of constitutional, civil rights, and environmental law to land-use issues. The course will begin with the basic elements of the land development and regulation process, including the basics of zoning and planning. We will then address the following topics, among others: constitutional constraints on land-use regulation, including those imposed by the First Amendment and the Fifth Amendment’s Taking Clause: housing discrimination on the grounds of race, income, lifestyle, and disability; “environmental justice” issues, including regional obligations of municipalities regarding undesirable land uses; and environmental law as a constraint on land use. Although the course will focus primarily on the public regulation of land, we will also address private alternatives to public regulation. Examination. J. E. Ryan.

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: Directed Research and Writing (21354). 1 to 3 units. This is an opportunity for a few students to write a serious paper in law and economics (broadly defined) with an explicit goal of ultimate publication. Technical sophistication and a preexisting knowledge of economics are not prerequisites. Theoretical or empirical proposals are welcomed. The course should also serve as an introduction to the publishing process for students interested in joining the legal academy. Permission of instructor required. I. Ayres.

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. I. Ayres, H. Hansmann, R. Romano, 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 Globalization (21348). 2 or 3 units. Examination of some of the key issues in current debates over globalization in law. Among the topics likely to be considered are: the erosion of traditional sovereignty; the “democratic deficit” in new institutions of governance such as the WTO; lawyering practices responding to and shaping globalization processes; the worldwide diffusion of legal norms, legal forms and practices, and their effects on indigenous cultures; the role of nongovernmental organizations; the effects of globalism on local structures of hierarchy, authority, and community; and the possibility that globalization is spreading “illiberal” as well as “liberal” values. In some sessions discussions will be led by guest lecturers in various fields of study and practice. Each student will be required to write several short issue papers keyed to the weekly sessions plus one longer paper. Enrollment limited. J. M. Balkin, A. L. Chua, R. W. Gordon, and S. V. Levinson.

Law, Language, and Truth (21381). 3 units. This course will explore a range of issues concerning the objectivity and determinacy of law, the nature of legal interpretation, the relationship between semantic content and legal force. Readings will include works in the philosophy of language as well as in legal theory. Examination preferred; paper option under special circumstances. J. L. Coleman.

Law and Religion (21216). 3 units. This seminar will use selected problems to undertake a legal, theoretical, and comparative study of the interaction between the commands of the state on the one hand and religious beliefs, practices, or obligations on the other. A research paper of some significance is required. After the early weeks of the course, the focus will move to the papers, and the class will meet less frequently. Enrollment limited. S. L. Carter.

*Lawyering Ethics (21309). 3 units, credit/fail. In this clinical course students will participate in the disciplinary process against lawyers charged with violating ethical obligations to clients. The 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). The disciplinary procedures for judges will also be investigated. 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. 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.

Living in the Present: Freedom, Democracy, and Time (21232). 2 units. The subject of this seminar will be the presentism prominent throughout modern thought and culture. Topics covered will include: the theory of constitutional democracy; modern art; the concept of self-government; the concept of rationality as it emerges in modern analytic philosophy and economics; the concept of mental health as it emerges in modern psychotherapeutic psychology; and the objectification of the self emerging in contemporary anti-discrimination law. Paper required; no final examination. Enrollment limited. J. Rubenfeld.

Lowenstein International Human Rights Clinic (21152). 3 units, credit/fail. Students will work on a variety of human rights projects, usually in support of current advocacy efforts of human rights organizations. Projects are designed to give students practical experience with the range of activities in which lawyers engage to promote respect for human rights; to help students build the knowledge and skills necessary to be effective human rights lawyers; and to integrate the theory and practice of human rights. Class sessions will provide an overview of basic human rights principles and their application; instruction in and development of human rights research and writing skills; and discussion of the issues—legal, strategic, ethical, and theoretical—raised by project work. The clinic will have one or more student directors. Enrollment limited. 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 the United States 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. Students will be expected to participate in simulated national security cases. Examination or paper option. J. E. Baker and W. M. Reisman.

Medicine, Ethics, and 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 extending the life span so that most people will die only after prolonged disability, and 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.

Metaprocedure (21338). 4 units. A research seminar intended to provide students with the opportunity to explore in depth some of the topics and controversies touched upon in the first-year procedure course: theories of representation in the class action, the social function of the jury, the alternative dispute resolution, the independence of the judiciary, the Prison Reform Litigation Act of 1996 and its impact on structural litigation, mass torts and the use of settlement-only classes, ceilings on the punitive damages, the welfare reform act and its impact on due process rights, the impact of inequalities of wealth and access to the courts, allocation of power between state and federal courts, etc. Admissions will be based on the submission of a research proposal to the instructor, who is prepared to meet with interested students during the fall semester to help formulate that proposal. The proposal should be submitted by the time of pre-registration for spring-term courses, which usually occurs in early December. Paper required. Enrollment limited. O. M. Fiss.

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.

Prison Legal Services (21237). 3 units, credit/fail. Students in this clinical seminar will provide legal assistance to inmates at state prisons. Cases selected will concern the clients’ habeas challenge to conviction and/or sentencing. 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 at least twelve hours each week of required client work, including interviewing, investigating, counseling, and drafting of court papers. Where possible, the student’s representation of inmate clients, under attorney supervision, will include court appearances. Enrollment limited. B. Dignam.

*Professional Responsibility (21382). 2 or 3 units, credit/fail. An introduction to legal ethics, with particular emphasis on application of the Model Rules of Professional Conduct to a lawyer’s first five years of practice. This course will be offered for 2 units; 3 units will be given with enrollment in extra discussion section. Examination. L. Brilmayer.

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.

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. K. Stith and J. A. Meyer.

[The] Protection of Foreign Investment in International Law (21377). 2 units. This reading group will examine recent legislative, judicial, and arbitral developments in the international regulation of state action concerning foreign investment. Paper required. W. M. Reisman.

[The] Role of Courts in the Age of Statutes (21121). 2 or 3 units. This will essentially be a legal process course, for it will ask the traditional legal process questions: What are courts, legislatures, and administrative agencies best suited to do in our legal-political system? It asks those questions, however, somewhat differently from the way “old” legal process courses asked them. In the last forty or so years we have indulged in an “orgy of statute making.” Statutes, once passed, are hard to repeal or even modify in a legal-political system like ours. Traditionally, the United States relied on Common Law courts to keep the law up to date. Such courts gave us change together with continuity. But also traditionally, courts were unwilling to act when a statute seemed to cover the area, unless, of course, the statute was unconstitutional. The “orgy of statute making” has made this way of keeping the law from obsolescence of doubtful effectiveness. This course will examine both judicial and nonjudicial responses to the problem. Examination given for two units; a short “think” paper may be written in addition to the examination for an extra unit of credit. G. Calabresi.

School Finance Litigation Seminar (21365). 4 units (2 fall, 2 spring). This seminar will first examine the theory behind school finance litigation and the overall progress of this litigation throughout the country. Students, either alone or working in teams of two, will then conduct case studies of the litigation in different states, with the goal of preparing a substantial research paper that can be presented to the class in the second semester. These case studies generally should seek to determine, to the extent possible, why the litigation was successful or unsuccessful and, if successful, what impact the litigation has had on school financing and educational achievement. The ultimate aim is to arrange for the various case studies to be compiled and published as chapters in a book on school finance litigation. Yearlong course. Paper required. Enrollment limited to fourteen. J. E. Ryan.

Seminar on University Governance: Public Regulation of Higher Education in the United States (21347). 2 to 4 units. This seminar will examine the history and present practice of public regulation of “private” higher education in the United States—beginning with the founding of quasi-private universities during the colonial era, the Dartmouth College Case in the Supreme Court in 1819, and subsequent state regulation of “private” colleges and establishment of public colleges throughout the growing nation. Focus will be on the modern (post- World War II) period and a systematic examination of the nature of both public and private universities, the degree of public regulation of each, their funding sources, and the government structures. Each student will conduct an original research project and will present preliminary results to the class. Substantial Paper and Supervised Analytic Writing credit available. Enrollment limited. K. Stith.

Sentencing (21383). 3 units. An examination of the history, philosophy, and administration of the criminal sentencing process. Particular attention will be devoted to: (1) how judges, apart from guidelines, exercise discretion in light of the circumstances of crimes, discretionary decisions by prosecutors, characteristics of offenders, and choices among permissible sanctions and purposes of sentencing; and (2) whether, in the wake of guidelines and mandatory penalties, fact-finding judges may continue to individualize sentences and if so, how. The course will explore different kinds of sentencing regimes—state guideline systems, international models in which sentencing standards have evolved from common law decision making or judge-imposed guidelines (Australia, Israel, England), and the federal sentencing guidelines. The course will also explore the relationship between sentencing guidelines and the criminal code; the interplay between principles of proportionality, severity, and parsimony; and the impact of race, class, and gender on case outcomes. Paper required. Enrollment limited. K. Stith and N. Gertner.

Sentencing: Reducing and Preserving Disparity (21379). 3 units. Reducing unwarranted disparity has long been a major goal of sentencing reform and sentencing guideline systems. At the same time, geographical differences among communities and regions, and unique individual characteristics found among judges, among prosecutors, and among offenders, are inherent features of a diverse democratic society and its justice system. Legislatures—and particularly the Congress—have not adequately acknowledged the importance of balancing the need to limit unnecessary disparity with the need to preserve desirable attri-butes of heterogeneity that come to light at sentencing. This seminar will investigate different forms of disparity that surface in the sentencing system and consider how current legislation might be amended to accommodate both objectives. Substantial Paper credit may be awarded. Enrollment limited. D. J. Freed.

[The] Social Organization of Law (21368). 2 units. That law is socially organized is by now a well-recognized fact. Few would argue with the proposition that legal rules and processes are embedded in social contexts that account for their meaning and operation or that law depends on a complex bureaucracy to translate legal rules into practice. Yet in spite of the recognition of law’s dependence on, and responsiveness to, social life, the “sociological vision” has had but a minor impact on law, legal theory, and legal education. This seminar will treat the “sociological vision” as an oppositional discourse which reads law from an external perspective, seeks to connect law to the world beyond doctrine, and makes law legible in terms of its power and effects. Consideration will be given to where and how law attends to social difference—race, gender, sexuality, class—as well as how law responds to the difficulties judges and other officials encounter in translating legal rules into practice and controlling the violence of law itself. How the sociological vision makes that violence visible will be discussed. Cases considered will include self-defense, the use of lethal force by police, violence in prison, and the death penalty. Throughout, the seminar will try to account for the persistence of formalism as a legitimizing discourse in law, legal theory, and legal education, as well as consider the possibilities of developing a genuinely sociological jurisprudence. Examination or paper option. A. D. Sarat.

Sociolegal Studies: Directed Research (21384). Units to be arranged. A limited number of students will be accepted for research and writing on white-collar crime, or other topics that draw upon a “law and society” perspective. Students should provide a reasonably detailed proposal and obtain the instructor’s permission. May be used in fulfillment of Substantial Paper or Supervised Analytic Writing requirement. S. Wheeler.

Sport and the Law (21380). 3 units. This seminar will examine the growth of big-time college and professional sports teams and leagues and will study a number of the sociolegal issues that have accompanied that growth: the emergence of players’ associations, the changed balance of power between owners and players, and the increased influence of television dollars on the structure of sport. Special attention will be devoted to the NCAA and its role as a private regulatory body. Paper required. Enrollment limited to eighteen. S. Wheeler.

State, Law, and Market: Historical Perspectives (21340). 2 units. This seminar will examine contemporary literature on the economic history of law and economic organization from ancient civilizations to the present. The emphasis will be on understanding the evolution of the legal institutions that govern economic activity. Students will be asked to write a series of short weekly papers based on the assigned readings. Papers qualifying for Substantial Paper or Supervised Analytic Writing credit may be undertaken by special arrangement with the professors. No examination. Enrollment limited. H. Hansmann and B. Polak.

Terrorism, War, and the Constitution (21385). 2 units. This seminar will examine some of the dilemmas arising in adapting law to extraordinary circumstances. It will look at the normative questions arising in the course of the post-September 11 events, including the war in Afghanistan and the detention at Guantanamo. The seminar will also look at examples from the American Civil War, the Israeli-Palestinian conflict, and other circumstances where violence and law are martialed on the same field. Examination or paper option. R. Wedgwood.

Theology and Law (21148). 3 units. This seminar will focus on “theology” and “law” as grand discourses, complex frameworks through which we conceive, understand, explain, critique, form, and transform ourselves and our world. These discourses speak to the human condition: our nature, purpose, and plight. Through them we seek to order our behavior, shape our being, channel our pursuit of the good, and generate meaning. This course will be, frankly, exploratory; part of an effort to divine the contours of a field that doesn’t yet quite exist. The assistance and company of thoughtful students will be appreciated as the instructor stumbles along the unmarked path. In part, the shape of the course will depend upon the interests of those who take it. The following questions will be explored and used to interrogate both realms: (1) What does it mean to be human? What is our nature? What, if anything, are we meant to do or to accomplish? (2) How do we conceive of human need? (3) What are the conditions of human flourishing? (4) What do we take to be the good life? While these seem like perfectly ordinary questions to pose to theology, we are not accustomed to asking them of law. Yet, would we want to inhabit a legal system that doesn’t at least implicitly take them into account? Paper required. Enrollment limited. H. L. Dalton.

Topics in Criminal Law: Directed Research (21357). 2 units. A limited number of students will be accepted for research and writing on criminal law, law and social norms, evidence, and other topics that relate to instructor’s fields of research. D. M. Kahan.

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

Trust and Estates: Family Wealth Transmission (21344). 4 units. An introductory course treating the various means of gratuitous transfer of wealth—by will, by inter vivos transfer, and by intestacy: (1) the policy bases of inheritance and the changing character of intergenerational wealth transfer; (2) probate administration and procedure; (3) guardianship and custodial regimes for minors and for the elderly; (4) health-care decision making and the “right to die”; (5) the common will substitutes—gift, joint account, joint tenancy, life insurance, pension account, revocable trust; (6) intestate succession; (7) spousal protection and community property; (8) testamentary capacity and the requirements for executing and revoking wills; (9) distinctive constructional doctrines of the law of gratuitous transfers; (10) the creation and termination of trusts and the duties of trustees, executors, and other fiduciaries; (11) charitable trusts and charitable corporations; and (12) basic features of federal and state transfer and inheritance taxation. Throughout the course the relevant portions of the Uniform Probate Code and the Uniform Trust Code will be studied. Examination. J. H. Langbein.

War Crimes, Genocide, and International Criminal Law (21149). 2 units. With the advent of the International Criminal Court on July 1, 2002, there is a new field of international criminal law. This course will look at the institutional and legal challenges of the ad hoc tribunals for the former Yugoslavia and Rwanda, and the mixed tribunals for Sierra Leone and Cambodia—as well as the American debate over the adaptability of international criminal law to modern military practice and to ideas of sovereignty, democracy, and international security architecture. Examination or paper option. R. Wedgwood.

Work and Gender (21378). 4 units. This course will examine how workplaces, jobs, and workers come to be structured along gendered lines. The class will read theoretical accounts, empirical studies, ethnographies, and legal cases to obtain an understanding of the mechanisms through which work becomes gendered. Among the questions the course will address are: Does the workplace reflect or rather actively reproduce gendered social relations and identities? What is the relationship among wage work, citizenship, and gender? How do structural features of organizations tend to reproduce sex segregation and gender harassment? How should we understand the relationship between gender and sexuality at work? Which theories ground past and present interpretations of the law’s ban on sex discrimination? Which theories should do so? The representation of gender and work in the popular media will also be explored, through an accompanying, required in-class film series. Examination or paper option. V. Schultz.

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

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