Yale University.Calendar.Directories.

Course Offerings

Fall Term

First-Term Courses

Constitutional Law I (10001) 4 units. J. Rubenfeld (Section A), P. Gewirtz (Section B), H.K. Gerken (Group 1), J.M. Balkin (Group 2), W.N. Eskridge, Jr. (Group 3), J. Forman, Jr. (Group 4), C. Rodriguez (Group 5), P.W. Kahn (Group 6)

Contracts I (11001) 4 units. I. Ayres (Section A), S.L. Carter (Section B), H. Hansmann (Group 1), L. Brilmayer (Group 2), A. Chua (Group 3)

Procedure I (12001) 4 units. H.H. Koh (Section A), A.D. Lahav (Section B), K.A. Collins (Section C), J. Resnik (Group 1)

Torts I (13001) 4 units. G. Calabresi (Section A), J. Klick (Section B), G.C. Keating (Section C), D. Kysar (Group 1), J.F. Witt (Group 2)

Advanced Courses

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

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

Advanced Administrative Law: The Idea of Reasoned Administration (20419) 2 units. This seminar will explore the idea of reason as a basis for legal legitimacy with special attention to administrative law both in the United States and in select foreign systems. Paper required. Enrollment limited to fourteen. J.L. Mashaw

Advanced Advocacy for Children and Youth (20327) 1 to 3 units, credit/fail, with a graded option. Open only to students who have completed Advocacy for Children and Youth. Permission of the instructor required. J.K. Peters

Advanced CED Clinic (20435) 1 to 3 units, credit/fail, with a graded option. Open only to students who have completed the Community and Economic Development clinic. Permission of the instructor required. J.L. Pottenger, Jr.

Advanced Civil Liberties and National Security after September 11 (20483) 2 units, graded or credit/fail at student option. This clinic has ended but continues to handle one matter that has not concluded: litigation on behalf of Abdullah al-Kidd, a material witness wrongfully arrested in a post-September 11 investigation of a Muslim charitable organization. One part of the case was heard by the Supreme Court in spring 2010, in Ashcroft v. al-Kidd, No. 10-98, but claims against other defendants remain pending before the U.S. Court of Appeals for the Ninth Circuit and in U.S. District Court. Permission of the instructors required. Enrollment limited. M.J. Wishnie and L. Gelernt

Advanced Criminal Justice Clinic (20603) 1 to 3 units, credit/fail. A fieldwork-only option. Prerequisite: Criminal Justice Clinic. Permission of the instructors required. F.M. Doherty, T. Ullmann, and J. Mellon

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

Advanced Education Adequacy Project (20479) 1 to 3 units. Permission of the instructors required. H.V. Cantwell, A.A. Knopp, D.N. Rosen, H. Smith, and M.D. Weisman

Advanced Educational Opportunity and Juvenile Justice Clinic (20651) and Fieldwork (20652) 2 units, credit/fail, with a graded option, for the seminar portion of the clinic; 2 units, credit/fail, for fieldwork (4 units total). Open only to students who were enrolled in the School to Prison Pipeline project. Advanced EOJJC provides educational advocacy for children and youth facing delinquency charges and represented by the New Haven juvenile public defender’s office. Our educational advocacy aims to help our clients achieve better outcomes in their delinquency cases and to achieve lasting success in school. In addition, we will represent clients in school discipline hearings. Class sessions will address four broad themes: (1) how the juvenile justice system operates (nationally, in Connecticut, and in New Haven); (2) effective client-centered lawyering when representing adolescents; (3) the relationship between the education and juvenile justice systems; and (4) race, class, and the juvenile and criminal justice systems. Class sessions will also focus on substantive law, ethical issues, case discussions, and lawyering competencies. Class will meet weekly, with an intensive “boot camp” during the first week of classes. This is a one-term clinic. This clinic is open only to J.D. students. Permission of the instructor required. J. Forman, Jr.

Advanced Ethics Bureau (20605) 1 to 3 units, credit/fail, with a graded option. This course is for students who have already taken either Ethics Bureau at Yale or the instructor’s course, Traversing the Ethical Minefield, and who wish to earn one to three units by contributing further to the work of the Bureau. †Students may only satisfy the professional skills requirement through this course if they receive 2 or more units. Permission of the instructor required. Enrollment limited to eight. L.J. Fox

Advanced Immigration and Migration Topics: Comprehensive Immigration Reform (20611) 2 units. This is an advanced seminar that will focus on prospective or actual federal immigration reform legislation under consideration by Congress. By the fall, “comprehensive immigration reform” (CIR) is expected to be in process or enacted. The class will examine in depth any bills pending and/or any legislation enacted during the fall of 2013. The seminar is designed for students with a solid foundation in immigration law—based on prior course work, significant clinical fieldwork, or academic study—who seek to engage in deeper examination of the current legislation, its content and prospects, and potential implementation. The seminar will explore the legislative process, including the political dynamics that led to introduction and consideration of the legislation in 2013, and the substantive provisions that are proposed or adopted. This will include exploring from historical, normative, constitutional, comparative, and practical perspectives the key components of any bill(s) such as the legalization program for undocumented immigrants, new or different enforcement measures, provisions addressing labor and employment, questions about border security, eligibility of immigrants for public benefits, and changes to family or employment immigration categories. Students working under the direction of the instructors will participate in and be responsible for developing some of the readings on particular issues. The precise content of the seminar will take into account the actual status of CIR legislation in September. Guest speakers involved in the legislation and related issues will be invited to share their insights and expertise. Prerequisites: a prior course in immigration law or policy or substantial supervised work in a clinical or other setting. Substantial Paper credit may be available. Paper required. Permission of the instructors required. Enrollment limited to sixteen. M.I. Ahmad and L. Guttentag

Advanced Immigration Legal Services (20382) 1 to 3 units, credit/fail. Open only to students who have taken Immigration Legal Services. Permission of the instructors required. Enrollment limited to ten. C.L. Lucht, J.K. Peters, and H.V. Zonana

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

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

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

†Advanced Lowenstein International Human Rights Clinic (20511) 2 or 3 units. Open only to students who have completed the Lowenstein International Human Rights Clinic. Permission of the instructor required. H.R. Metcalf

Advanced SFALP (20516) 1 to 3 units, credit/fail, with a graded option. Open only to those students who have completed Local Government in Action: San Francisco Affirmative Litigation Project. Permission of the instructors required. H.K. Gerken and Y. Shavit

†Advanced Supreme Court Advocacy (20476) 4 units (2 fall, 2 spring). Open only to students who have completed Supreme Court Advocacy. Permission of the instructors required. J.M. Balkin, L. Greenhouse, J.A. Meyer, A.J. Pincus, and C.A. Rothfeld

Advanced Transnational Development Clinic (20607) 1 to 3 units, credit/fail. Open only to students who have completed the Transnational Development Clinic. Permission of the instructor required. M.I. Ahmad and A.S. Lemar

Advanced Veterans Legal Services Clinic (20595) 2 or 3 units, graded or credit/fail at student option. A fieldwork-only option. Prerequisite: Veterans Legal Services Clinic. Permission of the instructors required. M.J. Wishnie, F.M. Doherty, and M.M. Middleton

Advanced Worker and Immigrant Rights Advocacy Clinic (20488) 1 to 3 units, graded or credit/fail at student option. A fieldwork-only option. Prerequisite: Worker and Immigrant Rights Advocacy Clinic. Permission of the instructors required. M.I. Ahmad, N. Hallett, and M.J. Wishnie

†Advanced Written Advocacy (20422) 3 units. This seminar will (1) train students to advocate for their clients more effectively and (2) familiarize students with the lifecycle of a civil lawsuit. To improve students’ strategic writing, the class will scrutinize excellent trial motions and appellate briefs to see how top practitioners tell their clients’ stories, organize and build legal arguments, and advance their clients’ strategic interests. The class will also review numerous other types of litigation-related documents, including letters, memoranda, complaints, answers, scheduling orders, and document requests. The course will provide a fair amount of instruction about the stylistic side of “legal writing,” but it will focus on advocacy’s more substantive facets. Students will prepare three short but challenging assignments as part of a team and either one or two other assignments on their own. To familiarize students with the arc of a civil suit, members of the class will prepare short presentations about a prominent lawsuit; over the course of the term, these presentations will help students see how a case gets from filing to finality. Enrollment limited to sixteen. N. Messing

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

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

Antitrust: Directed Research (20175) Units to be arranged. This seminar will provide an opportunity for discussion among students interested in writing Substantial or Supervised Analytic Writing papers on current (or historical) antitrust topics. Permission of the instructor required. Paper required. G.L. Priest

Antitrust and Regulation Research Seminar (20007) 3 or 4 units. Research and writing on current problems in antitrust and regulation. Topics to be arranged with the instructor. Prerequisite: the basic Antitrust course or its equivalent. Note: students interested in pre-registering for this course should submit topic statements to the instructor. Permission of the instructor required. Paper required. Enrollment limited to six. A.K. Klevorick

†Appellate Advocacy: The Art of Appellate Practice and Procedure (20575) 3 units, credit/fail. This course will provide an introduction to appellate practice and procedure, designed to teach students the basic substantive knowledge and skills needed to advocate effectively on behalf of a client in an appellate court. The course begins with entry of judgment in the trial court and proceeds through preliminary motion practice, briefing, and oral argument. Connecticut’s appellate rules will be applied. Students will act as lawyers in a simulated appellate case based on a trial record and transcript, as well as preside during class in various roles including roles of trial judge and appellate judge. In addition to the basic instruction and analysis of selected opinions, invited practitioners and judges will address appellate advocacy and legal analysis. Enrollment limited to sixteen. S. Wizner and B.R. Schaller

Applied Corporate Finance (20589) 4 units. An introduction to the fundamentals of financial economics in conjunction with legal applications focusing on corporate debt contracts and equity valuation proceedings. The course will cover basic finance concepts, such as net present value, stock and bond valuation, the capital asset pricing model, and option pricing. The objective is not to develop computational skills, so much as to master the application of finance theory to specific legal issues. There are no prerequisites, although familiarity with the essentials of corporate law will be assumed and a tolerance for rudimentary mathematical example and computation is advisable. Scheduled examination. R. Romano

†Arbitration and Mediation Skills (20314) 2 units. Ninety-eight percent of disputes that start in court are resolved by various forms of alternate dispute resolution. The course, taught by seasoned mediators and arbitrators, will provide practical experiential training in skills and theory central to these forms of legal practice. The course will be taught in small groups with weekly performance requirements. Short written assignments. Enrollment limited to twelve. S.I. Edelstein and B.J. Hodgson

Arbitration in the United States (20650) 2 units. Almost 180,000 contract disputes were handled last year by the American Arbitration Association compared to just 30,000 contract cases handled by federal courts, demonstrating that lawyers who want a sophisticated, nationwide commercial practice need to understand arbitration. This surge in cases has caused the Supreme Court to hear almost twenty arbitration cases in the past five years to refine—and, in some instances, overhaul—the jurisprudence in this area. Does the ascent of arbitration reflect that this form of dispute resolution is a faster, fairer, confidential alternative to litigation? Or does it reflect that corporations favor this approach as a way to limit their liability? Or is the rise merely the inevitable result of a faithful reading of federal statutes? Students will explore empirical research in the field, review the Federal Arbitration Act, examine federal and state case law, discuss the rules of domestic arbitration bodies, and read major articles and case studies about the law, theory, and mechanics of arbitration in the United States. Self-scheduled examination or paper option. N. Messing

Bankruptcy (20106) 4 units. This course will concern both business and consumer bankruptcies. It will ask: Why is a federal bankruptcy procedure necessary? What normative goals should animate that procedure? When should insolvent firms be reorganized rather than liquidated? How should macro-stresses affect bankruptcy law? What is the relation between an ex post insolvency law and the ex ante investment and other behavior of firms? How can a consumer bankruptcy law best resolve the trade-off between insurance—the discharge—and incentives, holding people to their obligations? A casebook will form the basis of the readings, and there will be considerable stress on learning the law as well as the economics of bankruptcy. Self-scheduled examination. A. Schwartz

Bioethics and Law: Seminar (20201) 3 units. The seminar will consider the justifications for overriding the individual choice of mentally competent people who want physician assistance in terminating their lives; or who want access to drugs that have not been approved by federal regulators; or who want medical treatment notwithstanding their physicians’ data-based judgment that such treatment would be “futile”; or who want to participate in medical experiments deemed “excessively risky” by federal or state regulators; or who want to donate, sell, or buy their organs for transplantation. The class will also evaluate the ways that the individual choice norm has been extended to or withheld from individuals who have lost competence or who (because of mental impairment) had never been or (because they were infants or fetuses) had not yet become competent to decide for themselves. Throughout the seminar, students will explore psychological and practical realities that complicate, and may fundamentally call into question, the application of the individual choice norm in both medical therapy and research. Paper required. R.A. Burt

[The] Book of Job and Injustice: Seminar (20330) 3 units. The Book of Job is a template for thinking about the unjustifiable sufferings inflicted during this past destructive century. The Nazi Holocaust, for example, provokes the same questions that Job posed: “Where was God that this was permitted to occur?” “What justice is there in the universe that this could occur?” “In the face of this occurrence, how, if at all, can belief in the ideal of justice based on faith in the goodness of the universe be rekindled?” The seminar will consider such questions in three principal ways: by a close study of the perspectives offered in the Book of Job; by a comparison of the conceptions of justice and the possibility of its vindication treated elsewhere in the Bible; and by exploration of the ways that secular institutions have tried to assert norms of justice in response to such shattering events. Paper required. R.A. Burt, J.E. Ponet, and P. Schwaber

Business Organizations (20219) 4 units. This course will survey the law of business organizations, with an emphasis on publicly traded corporations. Aspects of the law of agency and of partnership are considered to establish common law origins of corporate law. In turning to modern corporate law, the course will consider the powers and duties of boards of directors, officers, and controlling shareholders, and also address topics such as the nature of equity securities, fundamental transactions such as mergers and acquisitions, proxy fights, and insider trading. Both federal and state law sources are drawn upon, with particular attention paid to Delaware corporate law. Self-scheduled examination. J.D. Morley

†Capital Punishment Clinic (20251) 6 units (3 fall, 3 spring), credit/fail in the fall term with the option of graded credit in the spring. Students will spend two to three weeks in August at the Southern Center for Human Rights in Atlanta or the Equal Justice Initiative in Montgomery, Alabama, where they will meet attorneys, investigators, and mitigation specialists working on capital cases and become part of a team representing people facing the death penalty. They will work on cases, which may include interviews with witnesses, jurors, or clients, depending upon what is happening in the case at the time, as well as legal research, analysis, and writing. Students will continue their work over two terms upon return to law school. Students will complete a substantial writing assignment, such as a portion of a motion, brief, or memorandum of law. This course requires participation for both the fall and spring terms. The course is limited to students who have taken Capital Punishment: Race, Poverty, and Disadvantage, or intend to take it in spring 2014. Permission of the instructors required. Enrollment limited to six. S.B. Bright, A.M. Parrent, and S.M. Sanneh

†Civil Litigation Practice (20544) 3 units. The course will begin with an overview of pleadings, discovery, and the anatomy of a civil lawsuit. It will then proceed to isolate and develop the skills of oral advocacy, through extensive learning-by-doing exercises, including conducting depositions; performing opening statements and closing arguments; conducting direct and cross-examinations of courtroom witnesses; and participating in a full-day jury trial. The course will also include preparation of pleadings and analysis of and critical thinking regarding the elements, underpinnings, and efficacy of the litigation process. The course materials include selected readings and three complete case files published by the National Institute of Trial Advocacy. A participatory session on mediation, under the guidance of an experienced mediator, is included. Prerequisite: Trial Practice. Enrollment limited to twelve. S. Wizner, S.I. Edelstein, and F.S. Gold

†Community and Economic Development (20023) 3 units, credit/fail. CED offers law students the chance to do pro bono transactional lawyering and policy work, rather than litigation. CED focuses on issues of neighborhood revitalization, social entrepreneurship, sustainable development, financial access, and financial inclusion as they relate to community and economic development. Students in CED represent and partner with community organizations, nonprofits, community development financial institutions, neighborhood associations, and small foundations. They work in regulatory, transactional, business, policy research, development, advocacy, and strategic capacities.

Students will examine both private and public sector activities, as well as hybrid approaches to development issues including: formation and governance of for-profit and not-for-profit entities (primarily non-stock corporations and LLCs); negotiating and drafting contracts; developing employment and other policies; structuring real estate transactions; assessing the financial feasibility of proposed projects; securing funding from federal, state, local, and private sources; resolving zoning and environmental issues; negotiating local politics and facilitating collaborative problem-solving efforts. CED has a commitment to engaging students in local work that can then be used to inform policy development at the local, state, and federal levels. Students will gain skills in drafting, client contact, memo preparation, regulatory agency contact, administrative agency contact, and negotiation. Depending upon the particular project, students will be exposed in depth to banking, finance, land use, business, policy research, design, and advocacy.

The class seminar will meet once a week for two hours. Permission of the instructors required. In addition to Law students, the clinic is open to students from the Schools of Management, Divinity, Forestry & Environmental Studies, Public Health, and Architecture with prior approval from a faculty member. Enrollment limited to twelve. J.L. Pottenger, Jr., A.S. Lemar, S.M. Hudspeth, C.F. Muckenfuss, and L.P. Nadel

Comparative Administrative Law (20517) 2 or 3 units. A seminar comparing the administrative law systems of the United States with those in other parts of the world. The seminar focuses on the way statutory and constitutional law guides and constrains policy making by government ministries and independent agencies, and it will consider the oversight role of courts and other bodies. The course will compare the United States with the European Union, France, Germany, and the U.K., and it will also examine administrative law in the transition to democracy in emerging economies and in non-democracies such as China. The particular comparative focus will depend on student background and interest. Prerequisite: one course on administrative law (either of the United States or of any other country). Thus, LL.M. students are eligible if they have studied administrative law during their legal training. Biweekly reading responses and either a self-scheduled examination or a term paper. Three units of credit available for papers designed to earn Substantial Paper credit or for comparable papers by graduate students. Enrollment limited to fifteen. S. Rose-Ackerman

Comparative Constitutional Law: Seminar (20121) 2 units. This seminar will provide a comparative perspective on U.S. constitutional law by looking at analogous case law and institutions from other constitutional democracies including the U.K., Germany, France, Japan, India, Canada, South Africa, Australia, Indonesia, South Korea, Brazil, Italy, Israel, and the European Union. Topics will include amendment mechanisms, secession, judicial review, separation of powers, federalism, fundamental rights, equality, freedom of expression, freedom of religion, comparative procedure, property rights and economic liberties, entitlements to government aid, and guarantees of democracy. The course requirements are a ten-page take-home exam essay and a twenty-five page paper. Permission of the instructors required. Self-scheduled examination and paper. A.R. Amar and S.G. Calabresi

Comparative History of Human Rights (20257) 2 or 3 units. Universal human rights were proclaimed at the end of the eighteenth century in America and in France. Today, they represent the world’s premier moral language. But their full realization is still a work in progress. What are human rights? When and where did they emerge as claims? How and why did they spread? This course will examine the legal means by which some of them have been successfully guaranteed while questioning to what degree (are they absolute or conditional rights?) as well as their geographical scope (universal, regional, national). Exploring different fields within which “human rights” has developed since the Enlightenment era (including the abolition of torture, slavery, women’s rights, citizenship and refugees, the reduction of racial and ethnic persecution and discrimination, as well as economic and social rights), the class will examine the values, interests, political events, and social interactions which permitted human rights to both progress and, occasionally, to regress in the West and elsewhere throughout the world. Self-scheduled examination or paper option. P. Weil

[The] Constitution, the Common Law, and the Corporation (20621) 2 units, credit/fail. A legal philosophy based on the relationship between precedent and judicial opinion. Self-scheduled examination. J.G. Deutsch

†Constitutional Litigation Seminar (20259) 2 units. Federal constitutional adjudication from the vantage of the litigator with an emphasis on Circuit and Supreme Court practice and procedural problems, including jurisdiction, justiciability, exhaustion of remedies, immunities, abstention, and comity. Specific substantive questions of constitutional law currently before the Supreme Court are considered as well. Students will each argue two cases taken from the Supreme Court docket and will write one brief, which may be from that docket, but will likely come from a circuit court decision. 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. S.L. Carney and J.M. Walker, Jr.

Convicting the Innocent (20044) 2 or 3 units. This course will explore the causes of and remedies for miscarriages of justice in which persons other than the perpetrators of criminal offenses are found guilty. The course will examine the processes of memory and suggestion, cognition, belief formation and resistance to change, lying and lie detection, the motivations and opportunities for fabricating evidence, 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. All students will make presentations on at least one topic during the term and will be expected to ask at least one question during others’ presentations. Attendance and participation are therefore required. Students who have selected writing topics and have had those topics approved by November 30 may receive writing credit in lieu of the examination. Others will take an open-book examination, for which they will receive 2 units of credit. The credits awarded for papers will depend on the work involved in the paper. Papers may qualify for Supervised Analytic Writing or Substantial Paper credit. Scheduled examination or paper option. S.B. Duke

Corruption, Economic Development, and Democracy (20098) 2 or 3 units. A seminar on the link between corruption, economic development, and political and bureaucratic institutions. The seminar draws on research from law, economics, and political science. Topics covered include corruption and democracy, corruption and gift giving, organized crime and corruption, incentives for corruption in particular sectors (e.g., procurement, licensing, taxation), and the international regime designed to limit corruption and illicit financial flows. Paper (2 or 3 units) or self-scheduled examination (2 units). Enrollment limited to ten Law students. Also PLSC 714a. S. Rose-Ackerman

*†Criminal Justice Clinic (20519) and Fieldwork (20641) 2 units, credit/fail, with a graded option, for each part (4 units total). The clinic and fieldwork must be taken simultaneously. Students represent defendants in criminal cases in the Geographical Area #23 courthouse (the “GA”) on Elm Street in New Haven. Students handle all aspects of their clients’ cases under the direct supervision of clinical faculty. Students learn how to build relationships with clients, investigate and develop their cases, construct persuasive case theories, negotiate with opposing counsel, prepare motions and briefs, and advocate for clients in court. Students also explore the legal framework governing the representation of clients in criminal cases, including the rules of professional responsibility. Throughout, students are encouraged to think critically about the operation of the criminal justice system and to reflect on opportunities for reform. Because of the frequency of court appearances, students must keep two mornings a week (Monday–Thursday, 9 a.m.– 1 p.m.) free from other obligations. Students must also return to the Law School the week of September 3, 2013, to participate in an orientation program intended to prepare them for criminal practice. Enrollment limited. F.M. Doherty, T. Ullmann, and J. Mellon

Criminal Law and Administration (20061) 3 units. This course will be concerned with fundamental topics in substantive criminal law. It will be concerned with the principles underlying the definitions of crimes (the definitions, primarily, of the acts and mental states that constitute crimes); with the way in which mistakes of fact and law are treated by the criminal law; with the law governing homicide and rape; with the general doctrines concerned with attempt and accomplice liability, which are of relevance to many different crimes; and with a selection of exculpating conditions, namely, insanity, intoxication, self-defense, necessity, and duress. The Model Penal Code will serve as the primary, although not exclusive, statutory text, as it does in many jurisdictions. Scheduled examination. G. Yaffe

Criminal Procedure: Charging and Adjudication (20359) 4 units. This course has also been called “Criminal Procedure II.” The class will examine the law governing prosecution and criminal trials in the United States. There is no prerequisite for this course, though we will necessarily encounter some questions and issues that relate to criminal law, criminal investigation, evidence, and federal courts. The emphasis will be on the rules and practices of the state and federal courts in the United States, but the course will also consider some comparative criminal adjudicative mechanisms. Students will be expected to critically consider the proper standards and institutions for provision of defense counsel and for regulating the grand jury, formal criminal charging, plea-bargaining, pre-trial release, discovery, jury selection, speedy trial, jury trial, sentencing, direct appeal, and collateral review of convictions. Scheduled examination. K. Stith

Criminal Procedure: Investigation (20270) 3 units. This course will cover the law regulating searches and seizures (including electronic eavesdropping); the interrogation of suspects, witnesses, and defendants; bail; preliminary hearings; grand jury proceedings; and the right to counsel. Attendance and participation may be considered in grading. Scheduled examination. S.B. Duke

Democracy and Distribution (20538) 2 or 3 units. An examination of relations between democracy and the distribution of income and wealth. Particular attention will be paid to the ways in which different classes and coalitions affect, and are affected by, democratic distributive politics. This course will meet according to the Yale College calendar. No Supervised Analytic Writing credit. Substantial Paper credit possible, with permission of the instructor. Paper required. Enrollment limited to six Law students. Also PLSC 287a/EPE 411a. M.J. Graetz and I. Shapiro

[The] Development of the Western Legal Tradition (20285) 4 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. Self-scheduled examination or paper option. J.Q. Whitman

*†Education Adequacy Project (20403) 3 units. The Education Adequacy Project (EAP) provides a unique opportunity for students to participate in and help lead institutional reform litigation. The only clinic of its kind in the nation, EAP pursues a single complex lawsuit to ensure the State of Connecticut provides all Connecticut children with adequate and equitable educations. Students work with attorneys at Debevoise & Plimpton as well as local counsel in an integrated trial team. Students play a significant role in determining the case’s litigation strategy. EAP members pursue a variety of projects including education policy research, legal writing, legal research, and other tasks essential to litigation. Class time is devoted to litigation strategy and discussion with supervising attorneys; training in litigation skills; and internal clinic logistics. Permission of the instructors required. H.V. Cantwell, A.A. Knopp, D.N. Rosen, H. Smith, and M.D. Weisman

*†Educational Opportunity and Juvenile Justice Clinic (20311) and Fieldwork (20312) 2 units, credit/fail, for each part (4 units total). EOJJC provides educational advocacy for children and youth facing delinquency charges and represented by the New Haven juvenile public defender’s office. Our educational advocacy aims to help our clients achieve better outcomes in their delinquency cases and to achieve lasting success in school. In addition, we will represent clients in school discipline hearings. Class sessions will address four broad themes: (1) how the juvenile justice system operates (nationally, in Connecticut, and in New Haven); (2) effective client-centered lawyering when representing adolescents; (3) the relationship between the education and juvenile justice systems; and (4) race, class, and the juvenile and criminal justice systems. Class sessions will also focus on substantive law, ethical issues, case discussions, and lawyering competencies. Class will meet weekly, with an intensive “boot camp” during the first week of classes. This is a one-term clinic. This clinic is open only to J.D. students. Enrollment limited to three rising second-year students. Permission of the instructor required. J. Forman, Jr.

Employment Discrimination Law (20037) 4 units. This course will examine the regulation of employment discrimination through Title VII of the Civil Rights Act of 1964 and related laws. It provides a comprehensive introduction to the major analytical frameworks for conceptualizing and relating difference, discrimination, and equality in the workplace. Race and sex are the primary focus, but with attention to and comparison with disability, national origin, religion, and sexual orientation. The course will integrate a technical, doctrinal perspective with a theoretical, sociolegal one, as it investigates the assumptions underlying various legal approaches and situates them within larger social and historical contexts. The course will provide both a solid theoretical foundation relevant to other areas of civil rights and antidiscrimination law and the practical knowledge necessary to identify and analyze employment discrimination problems in a clerkship or practice setting. Attention also is given to how antidiscrimination frameworks relate to other means of conceptualizing and advancing workplace fairness. Self-scheduled examination. N.D. Zatz

Environmental Law and Policy (20348) 3 units. Introduction to the legal requirements and policy underpinnings of the basic U.S. environmental laws, including the Clean Water Act, Clean Air Act, and various statutes governing waste, food safety, and toxic substances. This course will examine and evaluate current approaches to pollution control and resource management as well as the “next generation” of regulatory strategies, including economic incentives and other market mechanisms, voluntary emissions reductions, and information disclosure requirements. Mechanisms for addressing environmental issues at the local, regional, and global levels will also be considered. Self-scheduled examination (Web) or paper option. Also F&ES 824a. E.D. Elliott

†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 instructors. Enrollment limited to thirty. Also F&ES 970a. A. Clements, J.U. Galperin, and L. Suatoni

*†Ethics Bureau at Yale: Pro Bono Professional Responsibility Advice (20604) 3 units. Lawyers’ need for ethics advice, consultation, and opinions is not limited to those who can pay. Impecunious clients and the lawyers who serve them are in need of ethics counseling and legal opinions on a regular basis. For example, Yale law students provided essential help in preparing an amicus brief in Holland v. Florida, a Supreme Court case from the 2009 Term that resulted in a victory for the petitioner and an extensive citation to the amicus brief in the majority opinion. The Ethics Bureau provides these essential services for those who cannot retain paying counsel. The work of the Bureau will consist of three major components. First, the Bureau will provide ethics counseling for pro bono organizations such as legal services offices and public defenders. Second, the Bureau will prepare standard of care opinions relating to the conduct of lawyers that are needed in cases alleging ineffective assistance of counsel and other challenges to lawyer conduct, cases in which the clients are impecunious and otherwise cannot secure expert assistance. Third, from time to time, the Yale Ethics Bureau will provide assistance to amici curiae, typically bar associations or ethics professors, on questions of professional responsibility in cases in which such issues are front and center. It did so in a United States Supreme Court case, Maples v. Allen, argued in the 2010 Term, decided in early 2012, citing the amicus brief of the clinic. The students working at the Bureau will meet for class two hours per week and will be expected to put in approximately ten hours on Bureau projects each week. The classroom work will not only explore the ethical minefield, but also consider the role of expert witnesses in the litigation process, its appropriateness, and the procedural issues thereby raised. The course has no prerequisites. Permission of the instructor required. Preference given to prior Ethics Bureau enrollees and students who previously took the instructor’s ethics class. Enrollment limited to twelve. L.J. Fox

*Ethics in Law and Markets (20622) 3 units. The focus of this course is on how a society’s ethical norms and values have been reflected in societies throughout history. Generally speaking, this course will study the validity of the hypothesis that an economic system runs on trust, reputation, and ethics, and that any deficit in these fundamental components of capital markets and financial markets necessarily will imperil the financial system as a whole. The class will discuss the evolution of views on ethics in business generally and how, if at all, the dominant ethical views in a society affect business conditions. Students will also consider the way that globalization and the emergence of economic interactions among many different cultures have affected attitudes and practices related to ethics, and also the future of trust, reputation, and ethics in business. Attention will be paid to ethical issues within the private sector as well as in government and across society generally. Paper required. J.R. Macey and G. Fleming

*Ethics in Literature (20293) 3 units. This seminar will consider questions of professional responsibility by reflecting upon ethical dilemmas presented in literature and then examining legal analogues. The class will read works by, among others, Doctorow, Ishiguro, and Soyinka. Each student will write several (very) short essays on ethics, and will have the option of writing a longer paper or taking an examination. Self-scheduled examination or paper option. Enrollment limited. S.L. Carter

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

Federal Courts and the Federal System (20366) 4 units. The “Federal Courts” play a central role in today’s political debates, just as the federal courts as a branch of the national government is an important component of the constitutional political system in the United States. The past decades have been complex and fascinating ones for anyone interested in the federal courts and the functions and theories of federalism. The class will focus on the federal courts while examining the allocation of authority among the branches of the federal government and the relationships among state, federal, and tribal governments within the United States. Questions of the meaning of national and of state “sovereignty” lace the materials. Beneath the sometimes dry discussions of jurisdictional rules and doctrines of comity lie conflicts about such issues as race, religion, the beginning and end of life, abortion, Indian tribal rights, and gender equality. In additional to considering the political and historical context of the doctrinal developments, the class will examine the institutional structures that have evolved in the federal courts, as well as current questions about the size and shape of the federal courts, the allocation of work among state, tribal, and federal courts and among the constitutional and statutory federal judges in the federal system, as well as the effects of social and demographic categories on the processes of federal adjudication. The class will also occasionally consider concepts of federalism comparatively. Class participation will be part of the final grade. No credit/fail option. Self-scheduled examination. J. Resnik

Federal 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. Self-scheduled examination. Enrollment capped at ninety. Y. Listokin

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

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

Guns in the United States (20642) 3 units. Guns are an important part of American society and culture. With more than 270 million guns held by private citizens and a Constitutional amendment associated with gun ownership, the possession, regulation, meaning, and use of firearms reach into important realms of American society, including: civil rights and liberties, identity and cognition, crime and violence, and public health and personal safety. This course explores the multifaceted role guns play in the United States by surveying historical, sociological, psychological, legal, and political research. From a firm foundation of the historical and constitutional origins of the second amendment, the course will focus on a range of topics around guns in America, including: the prevalence and distribution of guns; attitudes and opinions about gun ownership, possession, and use; illegal and legal gun markets; gun crime and injuries; and the varieties of responses to gun injuries and crime, including, importantly, the legislative and political processes that attend their development. This course will meet according to the Yale College calendar. Paper required. Also SOCY 509a. T.L. Meares and A. Papachristos

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

Immigration Law, Policy, and Constitutional Rights (20547) 3 units. This survey course will provide a foundation in the basics of the immigration system and the constitutional principles governing the regulation of non-citizens. The course will then explore a series of selected topical issues concerning immigrants’ rights and the normative values informing contemporary policies toward documented and undocumented immigrants. The course will draw on the instructor’s involvement in many current issues and extensive background litigating on behalf of the constitutional and civil rights cases of non-citizens in federal courts nationwide, including the Supreme Court, as former national director of the ACLU program on immigrants’ rights. Among the issues that will be considered are: detention of immigrants; state and local immigration regulation; discrimination against non-citizens in employment and public benefits; the intersection of criminal and immigration law; federal enforcement practices; access to the courts and the right to habeas corpus for non-citizens; labor and workplace rights of undocumented workers; and potential federal immigration reform legislation. Some guest speakers may be invited. No prior course or background in immigration law is expected. Self-scheduled examination. L. Guttentag

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

Information Privacy Law (20454) 2 units. Controversy over information privacy has grown dramatically in recent years. Information that many individuals view as private is gathered and deployed using a growing number of new technologies and practices—online tracking, “Big Data” analytics, facial recognition software, genetic testing, and much more. Constitutional, statutory, and common law have sought to respond to rapid changes in information gathering, storage, and dissemination. This course will provide a broad-ranging overview of the rapidly growing area of information privacy law. The required written work will be four four-page analytic essays on the course concepts and materials. Students interested in completing their Substantial Paper or Supervised Analytic Writing in the information privacy law area may seek permission to add additional independent writing credit, as neither Substantial Paper nor Supervised Analytic Writing projects can be substituted for the four required essays for the course. C. Jolls

International Criminal Law (20269) 2 or 3 units. After a brief survey of the history of international criminal law and the development of international criminal courts, the seminar will examine the problem of sources and goals of international criminal justice. Alternative responses to mass atrocities will be explored. Genocide, crimes against humanity, war crimes, and the crime of aggression will then be examined in some detail. Next, the attention of the seminar will focus on the departures of international criminal procedure and evidence from forms of justice prevailing in national law enforcement systems. The seminar will end with an analysis of special difficulties encountered by international criminal courts. Scheduled examination. Enrollment limited to twenty. M.R. Damaška

International Investment Arbitration: Seminar (20643) 2 units. This seminar will focus on investor-state arbitration (ISA), a system of dispute resolution established through bilateral investment treaties and regional agreements such as NAFTA. In recent years, the importance of ISA has exploded along with scholarly interest. Students will read and discuss the most important recent scholarship in the field in view of developing research projects of their own. A paper or literature review is required. A. Stone Sweet

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

[The] Judicial Role in Constitutional Interpretation: Comparing the United States and Canada (20561) 1 or 2 units. The Canadian Constitution explicitly authorizes the federal Parliament and provincial legislatures to override judicial rulings regarding broad categories of fundamental freedoms and legal rights. This provision appears in stark contrast to the U.S. scheme of judicial supremacy and finality in constitutional interpretation. The goal of this seminar is to explore the implications of this apparent difference between the two constitutional regimes—to assess the significance of judicial supremacy in principle and in practice, to consider whether this formal difference is more apparent than real, and to explore whether there are significant variances generally in the constitutional interpretative practices of the two courts. In pursuing this goal, the class will compare specific rulings by the U.S. and Canadian Supreme Courts regarding rights of secession by states or provinces; protections of ethnic, racial, or language minorities; rights of privacy (in abortion or physician-assisted suicide); rights to state recognition of same-sex marriage. The seminar will be jointly led by an American constitutional lawyer and a former Justice of the Canadian Supreme Court and will meet for six two-hour sessions near the beginning of the term. (Specific times for class sessions will be set to accommodate the schedules of enrolled students.) Paper required. R.A. Burt and F. Iacobucci

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

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

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 reaction papers will be required during the term. C. Jolls

Law and Economics: Directed Research (20371) 1 to 3 units. This seminar will help students develop research papers in law and economics or law and finance, while enjoying input from peers with similar interests. Any paper topic in law and economics or law and business, broadly conceived, is welcome. Paper required. Enrollment limited to eight. Y. Listokin

*[The] Law and Regulation of Banks and Other Financial Intermediaries (20346) 2 or 3 units. This course will begin with an overview of the legal and business environment in which banks and other financial intermediaries (investment banks, insurance companies) operate. The course will focus on the law, history, politics, and economics affecting firms engaged in businesses such as banking, insurance, investment banking, mutual funds. The class will then discuss entry into the business of banking; the dual banking system; the shadow banking system; corporate governance of banks, activities restrictions, and limitations on investments; the regulation of deposit taking; safety and soundness regulation and prudential restriction of bank activities; consumer protection and lender liability; mutual funds; consumer protection and capital requirements; insurance and securities powers of banks and non-banks; affiliations between banks and other companies; examination and enforcement issues; bank failure; and international banking. Particular attention will be paid to the recurring problem of financial crisis, systemic risk, and to the Dodd-Frank Wall Street Reform and Consumer Protection Act provisions related to consumer protection and the resolution of failed banks. The concept of “Systemically Important Financial Institutions,” and the “Volcker-rule,” which purports to prohibit banks and bank holding companies from engaging in proprietary trading (trading with their own capital rather than on behalf of customers) also will be a subject of attention in this course. There are no prerequisites for this course. Information about financial economics and accounting and market microstructure that may be necessary in order to understand the legal and policy concepts developed in the course will be taught as part of the course. Self-scheduled examination and short paper required for 3 units of credit, or self-scheduled examination only for 2 units of credit. J.R. Macey

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

*Legal Ethics (20012) 3 units. This course will explore issues involving professional responsibility. Topics will include the role of advocates; the adversary system; the conditions of practice, diversity, candor, and confidentiality; conflicts of interest; lawyer-client relationships; regulatory structures; and legal education. Special attention will also focus on the profession’s public obligations in areas such as access to justice and pro bono service. Grades will be based on class participation and (1) short weekly reflection papers or (2) a long paper. Paper required. Enrollment capped at fifty. D.L. Rhode

Legal Pluralism and Global Law (20625) 2 units. This course will focus on the logics, dynamics, and challenges of legal pluralism. Legal pluralism refers to a situation in which multiple normative systems (informal social norms, custom, law) co-exist and compete with one another within the same territory or community of people or state jurisdictions. The class will survey various approaches to understanding, and assessing normatively, legal pluralism in a range of settings: the United States, with respect to “outsider” groups (e.g., Mayan Indians in Mexico, Roma-Gypsy communities); the interaction between human rights and custom in developing countries, focusing on women’s rights; and in regional treaty agreements and international law. Students will be evaluated on the basis of (1) a research paper (60 percent); (2) three short (2–3 page) “response papers” on the weekly readings (15 percent); and (3) attendance and participation (25 percent). Paper required. A. Stone Sweet and G. della Cananea

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

*Legal Profession: Traversing the Ethical Minefield (20522) 3 units. Almost every course one takes in law school makes one better able to help one’s clients fulfill their hopes and dreams. This course is designed to help fulfill students’ own professional obligations while also providing services to their clients consistent with their ethical entitlements. Through the use of hypothetical problems grounded in the real world, the class will explore many of the challenging dilemmas that confront the conscientious lawyer who wants to conform his or her conduct to the applicable rules of professional conduct and other laws governing lawyers. At the same time the class will consider whether the present rules of professional conduct properly address the issues with which the profession must grapple in striking delicate balances among the obligations of lawyers vis-à-vis clients, lawyers as officers of the court, and lawyers as citizens. The class will use a casebook (Susan Martyn and Lawrence Fox, Traversing the Ethical Minefield) and a standards book (Susan Martyn, Lawrence Fox, and Brad Wendel, The Law Governing Lawyers). Class attendance and participation are essential. Scheduled examination (Web). L.J. Fox

†Legislative Advocacy Clinic (20352) 3 units, credit/fail. This clinical seminar will give students an opportunity to participate in the state legislative and policy-making processes by advancing—and defending—the interests of a Connecticut public interest organization of their choice. Clinic students may select their projects from a range of options supplied by the faculty, or they may approach the clinic with an organization/cause already in mind. Recently, students in the clinic have focused on public education, juvenile justice, tax policy, and women’s health. One of the clinic’s longtime clients (Connecticut Voices for Children) is a key player on a broad spectrum of policy issues affecting Connecticut families. The clinic’s work includes both affirmative legislative initiatives and defensive efforts to respond to proposed legislation deemed inimical to the interests of its clients. Issues of ethics and professional responsibility for lawyers working in the legislative arena will be an important focus of this clinic. In the fall term, students will develop policy proposals, participate in training sessions led by some of Connecticut’s most experienced lobbyists, meet with state legislators, and work with their client organizations to identify upcoming legislative issues. Once issues have been chosen for action, students will research the subject, work in coalition with other organizations, prepare and present “white papers,” and meet with legislators. In the spring, students will meet with legislators to get their bills introduced, develop oral and written testimony in support thereof, identify other witnesses, shepherd their bills through the committee process, and work to get them adopted. During the legislative session, students will also monitor other proposed legislation that might affect the clinic’s clients. To allow all students to participate in both the training/issue development and direct action aspects of the clinic’s work, priority will be given to students who commence their participation in the fall term. Enrollment limited to twelve. J.L. Pottenger, Jr., S.D. Geballe, and A.A. Knopp

†Liman Public Interest Practicum (20632) 2 units, credit/fail. 2 units, credit/fail; with permission of the instructors, students may elect to write a related Supervised Analytic Writing or Substantial Paper for additional graded credit. This course provides students with the opportunity to work on public interest law projects. Subjects range from immigration to criminal justice to poverty law. Illustrative projects include: studying prison policies in all fifty states regarding the use of long-term isolation; investigating avenues to curtail prosecutorial misconduct; analyzing how prison visitation rules operate in practice; exploring how immigration status affects parental interactions with state child welfare agencies; developing educational materials for incarcerated and recently released people on parental rights and obligations; creating a manual for law enforcement regarding domestic minor sex trafficking; and researching how state and local tax regimes treat diapers so as to lower costs for low-income families and service providers. Students work in teams and meet regularly with supervisors. Permission of the instructors required. J. Resnik, H.R. Metcalf, and M. Quattlebaum

Liman Public Interest Workshop: Incarceration (20324) 2 units, credit/fail. The practices of incarceration have changed over time. The numbers of people in jails and prisons rose substantially from the 1970s through the present; rates in some states have recently begun to level off or even decline. As of 2011, some 1.6 million persons were in jails or prisons. Some 5.1 million people were under supervision through probation, parole, and supervised release. According to the Bureau of Justice Statistics, one in 107 American adults was behind bars, a rate roughly five times the worldwide average, and one in fifty was under some type of supervision. Incarceration does not have the same impact on all who live in the United States; race, gender, age, nationality, and ethnicity interact to affect the likelihood that one will be detained or have family and community members in detention. People of color are disproportionately in prison. In 2009, African Americans and Latinos constituted more than 60 percent of imprisoned offenders. African American males were incarcerated in state and federal prisons at 6.4 times the rate of non-Hispanic white males, and Hispanic males at 2.4 times the rate of non-Hispanic whites. African American women are incarcerated at a rate 2.8 times that of non-Hispanic whites. Participants in this workshop will explore the history of detention and imprisonment in the United States; the rise of detention facilities owned and operated by the private sector; the use of specific forms of detention such as solitary confinement and specialized supermax facilities; and growing concerns about the costs—financial, dignitary, social, and political—of the system now in use. Our sessions will explore the law of prisons, the market for prisons, and the perspectives of those who direct prisons, who work in them, and who are detained by them. We will consider the degree of oversight that courts, legislatures, and other actors have in shaping the parameters of permissible sanctions and regulating conditions of confinement. In addition to understanding U.S. law and practices, we will explore these issues comparatively and from a transnational perspective. J. Resnik, H.R. Metcalf, M. Quattlebaum, and A.T. Wall

†Local Government in Action: San Francisco Affirmative Litigation Project (20498) 1 unit, with the option of additional units. This course will introduce students to local government lawyering. Working directly with attorneys from the Affirmative Litigation Task Force in the San Francisco City Attorney’s Office, students will have an opportunity to brainstorm about potential projects, research the most promising ideas for lawsuits, assist in filing a case, or help litigate one already under way. The course will address both theoretical issues (What roles should cities play in our democracy? Can cities further the public interest through litigation?) and practical ones (city-state relations, standing issues). The first part of the course will acquaint students with broader legal and policy issues associated with affirmative litigation. The students will then break into independent working groups organized by subject area (the working groups will be designed to accommodate student interests and preferences). Each working group will either develop and propose a potential lawsuit, or assist in one of the City’s ongoing affirmative litigation cases. Students joining in the fall are expected to make a one-year commitment (both fall and spring terms). In addition, any student enrolling in this course for the first time in fall 2013 must complete their one-year commitment in the course to receive professional responsibility credit. Permission of the instructors required. H.K. Gerken and Y. Shavit

Markets, Norms, and Regulations (20626) 1 unit. The course will focus on private and public decision making under conditions of high normative diversity and uncertainty. Firms seeking to penetrate markets, and government entities seeking to regulate markets, will often confront conditions of extreme ambiguity that are made up of plural actors with distinct values. The course will explore how decision making should proceed under such conditions. Each class will feature a guest speaker. Last year’s speakers included Graham Allison, Paul Volcker, John Kerry, Robert Rubin, Stanley McChrystal, and Miguel Maduro. The focus on this year’s class will be on decision making in the context of investment in Egypt, either by the IMF or by private sources. Paper required. Enrollment limited. R.C. Post and T.C. Collins

*†Media Freedom and Information Access Clinic (20565) 2 or 3 units, credit/fail for students in their first term, graded for students in their second term. Students in this practicum will work with attorneys on cases involving media freedoms and information access; they may also be required to write related research papers. Permission of the instructors required. Enrollment limited to twelve. J.M. Balkin and D.A. Schulz

†Mortgage Foreclosure Litigation Clinic (20586) 2 or 3 units, credit/fail. Students in this clinical seminar will represent homeowners fighting foreclosure in Connecticut state courts. They will conduct motion practice and discovery, including legal research and writing. Although this is primarily a litigation clinic, many of the clients are also participating in court-annexed mediation, in an effort to restructure their mortgages, so students will also gain experience in client counseling and ADR. Students will also provide brief advice and assistance to pro se homeowners at the courthouse. Enrollment limited to twelve. J.L. Pottenger, Jr., and J. Gentes

National Security Law (20355) 4 units. This course will be an introductory examination of U.S. national security law. The class will study questions relating to the exercise of military force, the conduct of intelligence operations, and the detention, treatment, and individual targeting of enemy combatants. In considering those questions, special attention will be paid to (1) how to allocate decision-making authority among the President, the Congress, and the courts; (2) how to strike the proper balance, substantively, between security and liberty and, procedurally, between secrecy and transparency; and (3) how to reconcile domestic law and policy objectives with international obligations and norms. Inquiries will be guided largely by domestic sources of law—the Constitution and such statutes as the National Security Act, the War Powers Resolution, the Foreign Intelligence Surveillance Act, the USA PATRIOT Act, and the Military Commissions Act—but, at times, we will look to international law and the laws of other nations to supplement our understanding of domestic law. Self-scheduled examination or paper option. J.D. Michaels

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 on six Fridays in each term. *Students who take the clinic for 2 units and who attend two professional responsibility sessions will satisfy the professional responsibility requirement. †Students may only satisfy the professional skills requirement through this course if they receive 2 units. Also MGT 695a. J.G. Simon, M. Agsten, L.N. Davis, and B.B. Lindsay

Political and Civil Rights in Canada and the United States (20600) 2 units. Canada and the United States share more than an international border: both were colonies of Great Britain; both are federal systems; both countries’ legal systems, with the exception of Quebec’s, reflect an English common law heritage; and both are modern, industrialized societies. Canada did not, however, adopt a written bill of rights or institute the practice of judicial review until 1982. Prior to that time, its legal system operated according to principles of parliamentary supremacy. This comparative constitutional law seminar will explore the similarities and differences, both before and after Canada’s 1982 constitutional change, between the two legal systems with respect to protection of individual rights. Attention will be given to the issues of hate speech, language rights, abortion, pornography and obscenity, religious liberty, affirmative action, criminal justice, press freedom, and the impact of international human rights norms on domestic decision making. Permission of the instructor required. Paper required. Enrollment limited to fifteen. D.S. Days, III

*Professional Ethics, Public Interest, and the Media (20644) 3 units. This class is designed to explore the obligations of and restrictions on lawyers, journalists, and the courts to provide the public with information. The class will consider the responsibilities of lawyers to their clients, journalists to their subjects, and both to the public. The focus will be on the tensions these competing professional responsibilities engender. The class will also examine the role of the courts in disseminating information to the public or shielding the public from what happens in court. Paper required. Enrollment limited to fifteen. D.L. Curtis and E. Bazelon

Property (20207) 4 units. The course will explore the law regulating the rights of private property broadly conceived. The principal focus will be on entitlements in land, but we will also think about the legal entitlements to other scarce resources. Topics will include limitations on the rights of landowners to exclude others; estates in land; co-ownership; landlord-tenant law and the slum housing problem; nuisance law; easements and covenants as means of cooperation among neighbors; and eminent domain, zoning, and other tools of public land use regulation. Scheduled examination. I. Ayres

Property (20013) 4 units. This course will cover the legal doctrines and other substantive content of the basic Property course with enrollment limited to fifteen and a required research paper. Property inquires into a pervasive set of human institutions—the arrangements for getting, controlling, using, transferring, and forfeiting resources in the world around us. The course will begin by exploring what property regimes are and the range of purposes they might serve, and then move through the topics of acquisition, transfer, shared interest, and limitations on property. While the main focus will be property in land, the class will discuss the implications of property in other resources, such as wild animals, body parts, water, and information. The course will also examine recording and other notice-giving devices, interests in land over time, easements and deed restrictions, planned communities and “private government,” landlord-tenant relations, issues of differential wealth and civil rights, and public land use regulation. Students will develop research topics with the assistance of the professor. Self-scheduled examination and paper required. Enrollment limited to fifteen. C. Priest

Property, Social Justice, and the Environment (20202) 2 or 3 units. Private property is sometimes cast as the villain in social and environmental problems, but sometimes it is cast as the solution to the same problems. This seminar will explore the relationship of property to social and environmental concerns in the context of several past and present controversies over property rights. The work will begin with some basic theories about the “commons” problem and the ways that property rights do or do not address that problem. Time permitting, other topics will include: land rights for squatters in less developed countries (primarily Latin America, Africa); land reform and development projects (primarily less developed countries); wildlife and fisheries management (global); water management (United States, Asia, Latin America); tradable pollution rights (United States); carbon trading schemes, particularly for tropical forest maintenance (global, tropical areas); free-market environmentalism and private land use restrictions (conservationist or exclusionary?) (United States and global); and indigenous land claims and claims to intellectual property (global). While the class will search for common themes about the range, capacities, and limitations of property regimes, theoretical purity should not be expected in this overview; moreover, topics may change in response to particular student interest. The class will meet twice weekly during the first seven to eight weeks of the term. Paper required; may be reflective (2 units) or research (3 units). Enrollment limited to fifteen. C.M. Rose

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

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

Proseminar in Law: The Foundations of Legal Scholarship (50501) 3 units. A critical assessment of influential legal scholarship. The goal of the seminar will be to define key issues for contemporary legal inquiry. This seminar is required for entering Ph.D. in Law students and is strongly recommended for entering J.S.D. students. Enrollment is limited, but applications are also invited from other students preparing for an academic career in legal studies. B. Ackerman and T. Tyler

Reading the Constitution: Method and Substance (20459) 4 units. An advanced constitutional law course focusing intently on the Constitution itself (as distinct from the case law interpreting it, sometimes quite loosely). The course will begin by studying the document itself in exquisite detail, Article by Article, and Amendment by Amendment. The main text for this segment of the course will be Amar, America’s Constitution: A Biography (2005). The course will then canvass various methods of constitutional interpretation (associated, for example, with writings by Ackerman, Amar, Balkin, Black, Bobbitt, Ely, Tribe, Rubenfeld, Siegel, and Strauss). Permission of the instructor required. Self-scheduled examination or paper option. A.R. Amar

Reason and Passion in the Law (20645) 2 units. Should a judge be a mechanical instrument of pure, detached reason, or an active personality imbued with human empathy? The course will consider this issue by looking at landmark cases heard by South Africa’s first Constitutional Court, which deals with terrorism and torture, social and economic rights, the truth commission, same-sex marriages, and whether the law has a sense of humor. The course will seek to examine the inextricable, if at times baffling, link between reason and passion in the law. Paper required. A. Sachs

[The] Robber Barons Reconsidered (20630) 3 units. The era of the Robber Barons refers to the period of great expansion of industry in the United States after the Civil War. The Robber Barons—Rockefeller, Carnegie, Mellon, among others—have been depicted as amassing immense wealth through questionable legal ventures, leading to the enactment of various forms of government regulation: the Interstate Commerce Act, the Sherman Antitrust Act and, as a result of the Great Depression—an alleged failure of capitalism related to the Robber Barons’ behavior—the Securities and Exchange Act as well as legislation regulating the national economy more broadly. The ambition of this course is to reevaluate the actions of the Robber Barons by means of modern law and economic analysis. The course will proceed by reading the principal Robber Baron history and then subjecting that history to modern analysis. Paper required. G.L. Priest

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

Securities Regulation (20288) 3 units. This course is an introduction to the statutes and rules administered by the Securities and Exchange Commission, with primary focus on the Securities Act of 1933 and the Securities Exchange Act of 1934. These statutes and rules regulate companies’ ability to finance their operations by issuing stocks, bonds, and other securities. The course is often dense and technical, but it has great practical relevance for students interested in the practice of law. The course will prepare students for work in capital raising, acquisitions, and other corporate transactions, as well as for litigation involving allegations of fraud in public and private companies. Self-scheduled examination. J.D. Morley

Separation of Powers and Executive Branch Legal Interpretation: Seminar (20646) 2 units. This course will explore the parameters of the executive-congressional relationship, with a special focus on the mechanisms through which the Executive Branch engages in legal interpretation, both of the Constitution and of statutes. In addition to examining the case law that structures the relationship between the political branches, the class will consider how the Executive conceptualizes and implements its “Take Care” function, through its own forms of constitutional interpretation, in rulemaking, and in the exercise of prosecutorial discretion. The class also will explore how the congressional oversight and appropriations processes affect the relationship between the branches. Among the specific topics to be studied will be the scope of the President’s foreign affairs and national security powers and Congress’s efforts to limit those powers; the President’s authority to decline to defend and enforce federal laws; and the roles of the Office of Legal Counsel and the interagency process, particularly in the mediation of conflict within the Executive Branch. Prerequisites: Constitutional Law I and either Administrative Law, Legislation, or a course on the Regulatory State. Paper required. Enrollment limited to fifteen. C. Rodríguez

Social Science Research Methods (20647) 3 units. This class is an introduction to the research methods used in social science with a particular focus on applications to law. Principles of research design will be presented, including experimental designs, quasi-experimental approaches, and the use of non-experimental methods. Key elements in survey research will also be presented. While the use of laboratory approaches will be considered, research in field settings of the type reflected in law will be emphasized. The class is intended to acquaint students with the issues relevant to becoming intelligent evaluators of empirical research as well as providing a basis for those who want to design and conduct their own empirical research. Self-scheduled examination or paper option. Enrollment capped at thirty-five. Also PSYC 629a. T. Tyler

*†Supreme Court Advocacy (20431) 6 units (3 fall, 3 spring). This course will furnish the opportunity to combine hands-on clinical work with seminar discussion of Supreme Court decision making and advocacy. It will begin with several sessions analyzing the Court as an institution, focusing on the practicalities of how the Court makes its decisions and how lawyers present their cases. Thereafter, students will work on a variety of actual cases before the Court, preparing petitions for certiorari and merits briefs. Students will work under the supervision of Yale faculty and experienced Supreme Court practitioners. The course will be a two-term offering and will satisfy the Substantial Paper requirement. The course demands a significant time investment and is not recommended for students with other time-intensive commitments. Permission of the instructors required. Enrollment limited to twelve. J.M. Balkin, L. Greenhouse, J.A. Meyer, A.J. Pincus, and C.A. Rothfeld

Theories of Statutory Interpretation: Seminar (20588) 2 or 3 units. This seminar will focus on recent theoretical and doctrinal work on matters of statutory interpretation. Authors will often present their own work; students in the seminar will research and write original papers of their own, under the instructor’s supervision. Prerequisite: Legislation. Paper required. Enrollment limited to fifteen. W.N. Eskridge, Jr.

[The] Theory of International Law (20161) 3 units. This course will attempt to examine the phenomenon of international law from a variety of disciplinary perspectives (e.g., historical, political, philosophical, legal). Questions addressed will include: Is international law really law? Do states actually obey international law and, if so, why? What is sovereignty? Is Westphalian sovereignty a myth (and where is Westphalia anyway)? What do the laws of war tell us about the nature of international law, and law more generally? Does international law exacerbate global inequality? Is international law morally legitimate? An introductory course on international law is desirable but not a prerequisite. Scheduled examination. S.J. Shapiro

Transnational Corporations and Human Rights (20648) 2 units. Apple’s use of child labor; Goldcorp’s operations in Guatemala; the complicity of Dow Chemical/Union Carbide in the Bhopal chemical disaster; Shell’s involvement in the executions of activists protesting the company’s environmental and development policies in Nigeria. These are just a few examples of alleged corporate malfeasance that have emerged on the international stage. The purpose of this seminar is to introduce students to the debate concerning the accountability of transnational corporations that are complicit in rights-violating activities. At the international level, there has been a striking new strategy in the protection of human rights: a transition from focusing solely on rights violations committed by governments to a detailed examination of transnational corporate conduct. Indeed, it has now become trite to say that particular corporations have directly or indirectly participated in violations of human rights.

In order to address the fundamental question of whether corporations should in fact be socially responsible, the seminar will begin with an introduction to corporate theory. Students will then explore some of the key issues in the debate. Namely, whether transnational corporations can properly be included under the international law of state responsibility; mechanisms for self-regulation (e.g., voluntary corporate codes of conduct); the utility of the U.S. Alien Tort Claims Act; the advantages and disadvantages of UN initiatives (e.g., the work of the former UN Special Representative on Business and Human Rights); and the relevance of domestic corporate and securities law mechanisms (e.g., shareholder proposals and social disclosure).

The course will provide a comparative analysis of the U.S. and Canadian experiences, in particular. Paper required. Enrollment limited to ten. A. Dhir

*†Transnational Development Clinic (20577) 3 units, credit/fail, with a graded option. Students in the Transnational Development Clinic work on a range of litigation and non-litigation projects designed to explore the sites for productive intervention of U.S.-based lawyers in development work. With a focus on global poverty, students in the clinic will identify models of what could be termed “development lawyering.” The clinic takes a critical perspective on development, interrogating its troubled histories, ideologies, and institutions, and considering shifts in development theory and practice away from an exclusive focus on economic growth and toward equitable distribution of growth, accountable and effective institutions, and capacities-based approaches and understandings. Rather than work with traditional international development institutions, such as the World Bank or UN bodies, the clinic partners with community-based clients, membership-based organizations, and nongovernmental organizations and provides them with legal advice, counseling, and representation in order to promote models of inclusive development. With these collaborative partners, the clinic uses a range of domestic and international mechanisms to either affirmatively promote inclusive development projects or mount resistance to traditional, institutional approaches to development. The projects are transnational in that they involve mechanisms, strategies, and partnerships both situated in the United States and spanning national boundaries.

Current projects focus on (1) land reform, foreign direct investment, and the transition to democracy in Burma/Myanmar; and (2) demands for UN accountability for its role in causing a massive cholera outbreak in Haiti. Past projects have focused on intersections of development and labor, trade, environment, and intellectual property, including: use of International Finance Institution (IFI) accountability mechanisms (e.g., the World Bank Inspection Panel, the International Finance Corporation Ombudsperson and Compliance Advisor/Ombudsman) on behalf of communities adversely affected by environmental consequences of IFI-funded projects; representation of workers and unions with workers’ rights claims in proceedings under labor provisions of multilateral free trade agreements (e.g., North American Agreement on Labor Cooperation [the NAFTA labor side agreement], CAFTA labor chapter complaint mechanism); and support of patent litigation in developing countries with pharmaceutical manufacturing capacity, designed to increase access to affordable medications for poor people. Projects may involve international travel.

A seminar accompanying the fieldwork provides readings and structured discussion to explore the relationships among law, development and advocacy. In addition, the seminar examines practice-based advocacy skills, including brief writing, oral advocacy, and policy advocacy, and considers professional responsibility as applied to transnational development practice. Permission of the instructor required. Enrollment limited. M.I. Ahmad and A.S. Lemar

Trusts and Estates (20096) 4 units. An introductory course treating the various means of gratuitous transfer of wealth by will, by lifetime transfers, and by intestacy: (1) the policy bases of inheritance and the changing patterns of intergenerational wealth transfer; (2) probate administration and procedure; (3) guardianship and custodial regimes for minors and for the infirm; (4) health care decision making and the “right to die”; (5) intestate succession; (6) the common will substitutes: gift, joint account, joint tenancy, life insurance, pension account, revocable trust; (7) spousal protection and community property; (8) the growing federal interference, especially ERISA preemption; (9) capacity problems and will contests; (10) the requirements for executing and revoking wills; (11) distinctive constructional doctrines of the law of gratuitous transfers; (12) the creation and termination of trusts; (13) the duties of trustees, executors, and other fiduciaries; (14) trust investment law; (15) charitable trusts and charitable corporations; and (16) basic features of federal and state transfer and inheritance taxation. Throughout the course the relevant portions of the Uniform Probate Code, the Uniform Trust Code, and the Restatements (Third) of Trusts and Property will be studied. Scheduled examination. J.H. Langbein

U.S. Law and Legal Scholarship: Graduate Seminar (50110) 2 units, credit/fail (1 fall, 1 spring). A general introduction to the U.S. legal system designed for LL.M. students. Topics to be discussed include U.S. constitutional development and recent scholarship in major areas of U.S. law, including property, criminal law, torts, and administrative law. This course will meet weekly for two terms and is strongly recommended for all LL.M. students. S. Rose-Ackerman and G. Silverstein

*†Veterans Legal Services Clinic (20569) and Fieldwork (20596) 2 units, graded or credit/fail at student option, for each part (4 units total). The clinic and fieldwork must be taken simultaneously. There are approximately 250,000 veterans currently residing in Connecticut, many with acute and unique legal needs related to their military service or return to civilian life. In this clinic, students represent Connecticut veterans in a range of individual litigation and institutional advocacy matters. Pending individual matters include (1) benefits applications for veterans who have suffered PTSD, sexual assault, Agent Orange-related cancer, and other injuries, in the first instance, on administrative appeal, and on judicial review of administrative denials; and (2) discharge upgrade applications, on administrative appeal and in U.S. District Court. Students also represent local and national veterans organizations in Freedom of Information Act litigation in U.S. District Court; civil rights litigation arising from sexual assault, other-than-honorable discharges of service members suffering undiagnosed PTSD, and denial of spousal benefits to veterans married to a partner of the same sex; and federal and state regulatory and legislative advocacy concerning veterans’ employment issues, and treatment of service members with PTSD and those who have experienced military sexual assault and rape. The seminar portion is a practice-oriented examination of advocacy on behalf of veterans and of social justice lawyering generally. Permission of the instructors required. Enrollment limited. M.J. Wishnie, F.M. Doherty, and M.M. Middleton

Why Government Fails So Often, and How It Might Do a Little Better: Seminar (20649) 2 or 3 units. This seminar, based on a book of the same title (Princeton University Press, spring 2014), is almost entirely policy/analytically-oriented rather than legal, and is concerned only with federal domestic policy making. The topics will follow the book’s chapter structure and will explore the deep, endemic, structural reasons for government ineffectiveness. They include: introduction to the problem of government failure; methodology for assessing policy success, failure, and in-between; the policy-making process; political culture; incentives and irrationality; information, rigidity, lack of credibility, and mismanagement; markets; implementation; the limits of law; bureaucracy; policy successes; and remedies for ineffectiveness. Substantial Paper and Supervised Analytic Writing credit is possible with permission of the instructor. If Supervised Analytic Writing, the paper will receive 3 units of credit. A credit/fail option is possible under certain conditions. Paper required. P.H. Schuck

Work and Gender (20398) 5 units. This course will examine how workplaces, jobs, and workers come to be structured along gendered lines. The class will read theoretical accounts, empirical studies, ethnographies, and legal cases to obtain an understanding of the mechanisms through which work becomes gendered. Among the questions the course will address are: Does the workplace reflect or rather actively reproduce gendered social relations and identities? What is the relationship among wage work, citizenship, and gender? How do structural features of organizations tend to reproduce sex segregation and gender harassment? How should we understand the relationship between gender and sexuality at work? Which theories ground past and present interpretations of the law’s ban on sex discrimination? Which theories should do so? The representation of gender and work in the popular media will also be explored, through an accompanying, required in-class film series. Scheduled examination. V. Schultz

*†Worker and Immigrant Rights Advocacy Clinic (20465) and Fieldwork (20468) 2 units, graded or credit/fail at student option, for each part (4 units total). Students will represent immigrants and low-wage workers in Connecticut in labor, immigration, trafficking, and other civil rights areas, through litigation for individuals and non-litigation advocacy for community-based organizations. In litigation matters, students will handle cases at all stages of legal proceedings in Immigration Court, Board of Immigration Appeals, U.S. District Court, the Second Circuit, and state courts. The non-litigation work will include representation of grassroots, labor, and faith organizations in regulatory and legislative reform efforts, media advocacy, strategic planning, and other matters. The seminar portion is a practice-oriented examination of advocacy on behalf of workers and non-citizens and of social justice lawyering generally. The course will be a two-term offering (4 credits each term). The clinical course and fieldwork must be taken simultaneously in both terms. Permission of the instructors required. Enrollment limited. M.I. Ahmad, N. Hallett, and M.J. Wishnie

Working with Intellectual Property: Patents and Trade Secrets (20236) 2 units. This course will examine current issues in patent law by focusing on the activities of lawyers who litigate and advise on patent and other intellectual property cases. Casebooks present, debate, and evaluate the conclusions courts have reached in significant cases. This course will discuss how lawyers develop the evidence and arguments that lead decision makers to reach their conclusions and will examine working arrangements and disputes that frequently do not make their way into court at all. The course will look behind the scenes to consider how lawyers help their clients work through intellectual property issues. The class will examine documents such as various kinds of licensing agreements, deposition transcripts, expert reports, briefs, and other “building blocks” underlying reported decisions, as well as applicable statutory and case law authority. As a counterpoint to discussion of issues presented by patent law, the class will look at some alternative legal constructs, primarily trade secrets law. Guest lecturers who have had significant influence in shaping intellectual property law will participate in a number of classes; past visitors have included lawyers who have argued leading cases, a judge from the Federal Circuit, an author of leading intellectual property treatises, and lawyers representing major industry and policy organizations in the intellectual property arena. Instead of an exam, students will prepare and present reaction papers and problem-solving documents (e.g., protest letters, argument/negotiation outlines, proposed orders for relief, and settlement proposals) throughout the term individually and as part of a group. Prior experience in intellectual property law is helpful but not required. This course is not a survey of intellectual property law issues. It complements other intellectual property courses offered by the Law School. Instructor will be able to accept a limited number of papers in satisfaction of the Substantial Paper requirement. Permission of the instructor required. V.A. Cundiff

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Spring Term

Advanced Courses

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

Administrative Law (21048) 4 units. There are vast areas of life in which much (often most) lawmaking falls to administrative agencies, rather than to legislators and judges. Examples include the functioning of markets in securities, telecommunications, and energy; the safety of food, drugs, cars, airplanes, and workplaces; the regulation of pollution, public land use, advertising, immigration, election campaigns, and union organizing; and the distribution of all kinds of social welfare benefits. This course will introduce the legal and practical foundations of the administrative state, considering rationales for delegation to administrative agencies, procedural and substantive constraints on agency rulemaking and adjudication, judicial review of agency actions, and the relationship of agencies to Congress and the President. The written work required for the course will be five five-page analytic essays, due over the course of the term, on the course concepts and materials, and one 10–15-page term paper exploring an issue in administrative law in greater depth. Students interested in completing their Substantial Paper or Supervised Analytic Writing credit on an administrative law topic should seek permission to sign up for additional writing credit and in that case may substitute a longer paper for the required term paper. Paper required. C. Jolls

Administrative Law (21119) 4 units. There are vast areas of life in which much (often most) lawmaking and legal interpretation falls to administrative agencies, rather than to legislators and judges. Examples include the functioning of markets in securities, telecommunications, and energy; the safety of food, drugs, cars, airplanes, and workplaces; the regulation of pollution, public land use, advertising, immigration, election campaigns, and union organizing; and the distribution of all kinds of social welfare benefits. This course will introduce the legal and practical foundations of the administrative state, considering rationales for delegation to administrative agencies, procedural and substantive constraints on agency rulemaking and adjudication, judicial review of agency actions, and the relationship of agencies to Congress and the President. Self-scheduled examination. J.D. Michaels

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

Advanced CED Clinic (21511) 1 to 3 units, credit/fail, with a graded option. Open only to students who have completed the Community and Economic Development clinic. Permission of the instructor required. J.L. Pottenger

Advanced Civil Liberties and National Security after September 11 (21674) 2 units, graded or credit/fail at student option. This clinic has ended but continues to handle one matter that has not concluded: litigation on behalf of Abdullah al-Kidd, a material witness wrongfully arrested in a post-September 11 investigation of a Muslim charitable organization. One part of the case was heard by the Supreme Court in spring 2010, in Ashcroft v. al-Kidd, No. 10-98, but claims against other defendants remain pending before the U.S. Court of Appeals for the Ninth Circuit and in U.S. District Court. Permission of the instructors required. Enrollment limited. M.J. Wishnie and L. Gelernt

Advanced Education Adequacy Project (21558) 1 to 3 units. Permission of the instructors required. H.V. Cantwell, A.A. Knopp, D.N. Rosen, H. Smith, and M.D. Weisman

Advanced Ethics Bureau (21686) 1 to 3 units, credit/fail, with a graded option. This course is for students who have already taken either the Ethics Bureau at Yale clinic or the instructor’s course, Traversing the Ethical Minefield, and who wish to earn 1 to 3 units by contributing further to the work of the Bureau. †Students may only satisfy the professional skills requirement through this course if they receive 2 or more units. Permission of the instructor required. Enrollment limited to eight. L.J. Fox

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

Advanced Iraqi Refugee Assistance Project (21624) 2 or 3 units, credit/fail. A fieldwork-only option. Prerequisite: Iraqi Refugee Assistance Project. Permission of the instructors required. S. Wizner and R.M. Heller

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

†Advanced Legal Research: Methods and Sources (21027) 2 or 3 units. An advanced exploration of the specialized methods and sources of legal research in some of the following areas: secondary legal authority, case law, statutory authority, legislative history, court rules and practice materials, and administrative law. The course also covers the legal research process and tracking research, as well as other strategies for efficient and effective legal research. Class sessions will integrate the use of online, print, and other research sources. Laptop computer recommended. Students are required to complete a series of assignments, in addition to other course requirements. Students who wish to qualify for a third unit will need to write a paper, in addition to the other course requirements. Enrollment will be capped at thirty. S.B. Kauffman, R.D. Harrison, J. Graves Krishnaswami, J.B. Nann, and J. Eiseman

Advanced Legal Services for Immigrant Communities (21553) 1 to 3 units, credit/fail. Open only to students who have taken Legal Services for Immigrant Communities. Permission of the instructors required. C.L. Lucht and S. Wizner

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

†Advanced Lowenstein International Human Rights Clinic (21584) 2 or 3 units. Open only to students who have completed the Lowenstein International Human Rights Clinic. Permission of the instructor required. J.J. Silk and H.R. Metcalf

Advanced SFALP (21598) 1 to 3 units, credit/fail, with a graded option. Open only to students who have completed Local Government in Action: San Francisco Affirmative Litigation Project. Permission of the instructors required. H.K. Gerken and Y. Shavit

Advanced Supreme Court Advocacy (21543) 4 units (2 fall, 2 spring). Open only to students who have completed Supreme Court Advocacy. Permission of the instructors required. J.M. Balkin, L. Greenhouse, N. Messing, J.A. Meyer, A.J. Pincus, and C.A. Rothfeld

Advanced Topics in Civil Procedure (21735) 3 units. This course will focus on selected topics of federal civil procedure that often do not receive in-depth attention in the basic procedure course. Topics will include multi-party litigation, jurisdiction in multi-party litigation, vertical choice of law, injunctive relief, and the rule-making process. Materials covering these and other subjects will focus on the legal, theoretical, practical, and political challenges and problems confronting lawyers, judges, and legislators who design, use, and implement the rules that govern litigation in the federal courts. Self-scheduled examination. K.A. Collins

Advanced Topics in Federalism (21736) 3 units. This class will be devoted to canvassing the major theoretical debates in federalism with a heavy emphasis on recent work. Class readings will be drawn primarily from the works of legal scholars, political scientists, and political theorists. Students will also take part in a series of workshops with faculty members presenting works-in-progress. The class should be of interest to anyone interested in developing expertise in the field or becoming an academic. In lieu of an examination, students will be required to write a series of short reflection papers as well as a final paper. Paper required. Enrollment limited to twenty. H.K. Gerken

Advanced Veterans Legal Services Clinic (21631) 2 or 3 units, graded or credit/fail at student option. A fieldwork-only option. Prerequisite: Veterans Legal Services Clinic. Permission of the instructors required. M.J. Wishnie and M.M. Middleton

Advanced Worker and Immigrant Rights Advocacy Clinic (21555) 1 to 3 units, graded or credit/fail at student option. A fieldwork-only option. Prerequisite: Worker and Immigrant Rights Advocacy Clinic. Permission of the instructors required. M.I. Ahmad, N. Hallett, and M.J. Wishnie

†Advanced Written Advocacy (21475) 3 units. This seminar will (1) train students to advocate for their clients more effectively and (2) familiarize students with the lifecycle of a civil lawsuit. To improve students’ strategic writing, the class will scrutinize excellent trial motions and appellate briefs to see how top practitioners tell their clients’ stories, organize and build legal arguments, and advance their clients’ strategic interests. The class will also review numerous other types of litigation-related documents, including letters, memoranda, complaints, answers, scheduling orders, and document requests. The course will provide a fair amount of instruction about the stylistic side of “legal writing,” but it will focus on advocacy’s more substantive facets. Students will prepare three short but challenging assignments as part of a team and either one or two other assignments on their own. To familiarize students with the arc of a civil suit, members of the class will prepare short presentations about a prominent lawsuit; over the course of the term, these presentations will help students see how a case gets from filing to finality. Enrollment limited to sixteen. N. Messing

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

American Legal History through 1860 (21063) 3 units. This course will examine the foundations of the American legal, political, and economic order from the colonial period through 1860, with an emphasis on the Founding Era. It will analyze the emergence of American property law, slavery, inheritance policy, women’s legal history, intellectual property, and corporate law as well as federalism, the Constitution, and judicial review. The course readings will consist of contemporary sources, recently published works, and classics in the field. Self-scheduled examination or paper option. Also HIST 747b. C. Priest

Antidiscrimination Law (21417) 3 units. This course will examine constitutional and civil rights law addressing discrimination on the basis of race, sex, and sexual orientation. It will begin with framework questions concerning discrimination and other practices that enforce inequality, analyzing equal protection and related bodies of substantive due process law; and then surveying federal employment discrimination law, with occasional consideration of related bodies of civil rights legislation. The course will examine competing theories of equality in the areas of race, gender, and sexuality; models of bias; concepts of dignity that connect liberty and equality claims; and special problems associated with regulating public and private actors. What kinds of change can law remedying inequality effectuate, and how has the law responded to resistance? Are there distinctive roles that courts, legislatures, and administrative bodies might play in redressing inequality? What might local or transnational law contribute? Are there alternative approaches that we might uncover through historical or comparative analysis? Scheduled examination. R.B. Siegel

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

[The] Art and Science of Legal History (21181) 1 or 2 units. This course will be devoted to executing and analyzing papers on topics developed in the prior term in The Constitution, the Common Law, and the Corporation. The theory of the course is that substantive legal history (history concerned about the validity of its argument rather than agreement with its conclusions) is argument aware of the fact that litigation is a contest (since it involves a judge or jury as well as litigators) among different versions of history. Training in legal analysis, therefore, should make one aware that the focus should be neither on the definition of the problem nor the validity of the proposed solution, but rather on attempting to explicate exactly how and why the two fit together. Paper required. J.G. Deutsch

Artificial Intelligence, Robotics, and the Law (21737) 2 units. This research seminar will study the emerging legal and social issues of robotics and artificial agents. Topics will include robot-human interactions, cyborg technologies, civilian and military drones, self-driving automobiles, and computer-generated speech and production. Students will be required to develop and present their own works-in-progress. Paper required. Permission of the instructors required. Enrollment limited to ten. J.M. Balkin and M.E. Kaminski

Business Organizations (21241) 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. Scheduled examination. H. Hansmann

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

Capital Punishment: Race, Poverty, and Disadvantage (21426) 4 units, graded, with a credit/fail option. This course will examine issues of poverty and race in the criminal justice system, particularly with regard to the imposition of the death penalty. Topics will include the right to counsel for people who cannot afford lawyers, racial discrimination, prosecutorial discretion, judicial independence, and mental health issues. Permission of the instructor required. Paper required. Enrollment limited to thirty-five. S.B. Bright

†Capital Punishment Clinic (21082) 6 units (3 fall, 3 spring), credit/fail. Students who have taken the clinic in the fall term will continue to work with attorneys in representing people facing the death penalty. Permission of the instructors required. Enrollment limited to six. S.B. Bright, A.M. Parrent, and S.M. Sanneh

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

*Challenges of a General Counsel: Lawyer as Leader (21664) 2 units. This course will explore the three fundamental roles of lawyers—acute technician, wise counselor, and lawyer as leader—in a series of problems faced by general counsel of multinational corporations. The “cases” in this course involve questions beyond “what is legal” and focus on “what is right,” using specific illustrations drawn from the contemporary business world—the BP oil spill, Google’s clash with the Chinese government, the Mark Hurd resignation from Hewlett-Packard, the Goldman Sachs mortgage case. These cases involve a broad range of considerations: ethics, reputation, risk management, public policy, politics, communications, and corporate citizenship. The course will advance for critical analysis the idea of the general counsel as lawyer-statesman who has a central role in setting the direction of the corporation but who must navigate complex internal relationships (with business leaders, the board of directors, peer senior officers, the bureaucracy) and challenging external ones (with stakeholders, governments, NGOs, and media in nations and regions across the globe). The course advances a broad view of lawyers’ roles and examines the skills, beyond understanding law, required in complex problem solving by the lawyer-statesman. Permission of the instructors required. Self-scheduled examination. Enrollment limited to twenty. M.S. Solender and B.W. Heineman, Jr.

*Colloquium on Contemporary Issues in Law and Business (21502) 2 units. This course will bring leading members of the corporate bar, business, and investment communities, judges, and regulators, to the Law School to discuss emerging practice and regulatory issues, as well as scholars from other institutions to present their ongoing research on corporate governance and finance. An aim of the colloquium will be to provide a realistic sense of the varieties of business law practice and careers in business. Weekly short papers required during the term; writing will not qualify for Substantial Paper or Supervised Analytic Writing credit. Prerequisite: Business Organizations. Enrollment limited to seventeen. R. Romano and J.D. Morley

†Community and Economic Development (21016) 3 units, credit/fail. CED offers law students the chance to do pro bono transactional lawyering and policy work, rather than litigation. CED focuses on issues of neighborhood revitalization, social entrepreneurship, sustainable development, financial access, and financial inclusion as they relate to community and economic development. Students in CED represent and partner with community organizations, nonprofits, community development financial institutions, neighborhood associations, and small foundations. They work in regulatory, transactional, business, policy research, development, advocacy, and strategic capacities.

Students will examine both private and public sector activities, as well as hybrid approaches to development issues including: formation and governance of for-profit and not-for-profit entities (primarily non-stock corporations and LLCs); negotiating and drafting contracts; developing employment and other policies; structuring real estate transactions; assessing the financial feasibility of proposed projects; securing funding from federal, state, local, and private sources; resolving zoning and environmental issues; negotiating local politics and facilitating collaborative problem-solving efforts. CED has a commitment to engaging students in local work that can then be used to inform policy development at the local, state, and federal levels. Students will gain skills in drafting, client contact, memo preparation, regulatory agency contact, administrative agency contact, and negotiation. Depending upon the particular project, students will be exposed in depth to banking, finance, land use, business, policy research, design, and advocacy.

The class seminar will meet once a week for two hours. Permission of the instructors required. In addition to Law students, the clinic is open to students from the Schools of Management, Divinity, Forestry & Environmental Studies, Public Health, and Architecture with prior approval from a faculty member. Enrollment limited to twelve. J.L. Pottenger, Jr., A.S. Lemar, S.M. Hudspeth, C.F. Muckenfuss, and L.P. Nadel

Community of Equals (21077) 4 units. Should the law be used for eradicating the inequalities that mark American society and, if so, how? This seminar offers students an opportunity to pursue research projects on this question. The inequalities that are the subject of these papers may be defined broadly, including those based on race, class, gender, sexual orientation, language, nationality, or immigration status. Enrollment limited. O.M. Fiss

†Complex Civil Litigation (21055) 2 units. This course will focus principally on the issues that can impact the outcome of complex civil cases. Emphasis will be placed on effective practical legal writing, as well as on successful argument techniques and litigation strategies. To a large extent, students will learn by doing; each student will write two briefs and argue those two issues in class. Those briefs will be posted on YLS:Inside and will constitute a part of the weekly reading assignment for the course. Supplemental readings consisting of Supreme Court and Second Circuit decisions will also be assigned weekly.

The class will be organized into four “law firms” of five students each. Ten of the class sessions will be designated as argument days. Each law firm must assign one student to write a memorandum of law in support of the position (motion or opposition) assigned to the firm and then to argue that position in class. Each student must handle two such assignments over the course of the term. The briefs and arguments will be based on problems written for this class; there is no casebook for the course.

The arguments and related discussions will address issues that impact complex civil cases, including: assembling the right parties (joinder, necessary parties), establishing personal jurisdiction through indirect contacts (Internet, agency), forum selection (transfer, forum non conveniens), heightened pleading standards (Twombly, PSLRA), discovery in complex cases (electronic discovery, privilege), stays or abstention in favor of related litigation (Colorado River, Rooker-Feldman), multidistrict litigation, class action procedures and limitations (class arbitration, CAFA, SLUSA), interlocutory appeals, sanctions, judicial disqualification, and attorneys’ fees.

Grading will be based principally on the two papers (briefs) submitted by each student. Oral arguments and class discussion will also count. There will be no examination. Permission of the instructor required. Enrollment limited to twenty. S.R. Underhill

Conservative Critiques of the Administrative State (21719) 2 or 3 units. According to some conservative scholars, American law took a “wrong turn” at the New Deal, and the rise of the “Administrative State” is a terrible mistake that should be curtailed or undone. This seminar will consider the arguments of conservative critics, including Friedrich von Hayek, Richard Epstein, Antonin Scalia, and Gary Lawson. A prior course or simultaneous course in Administrative Law is helpful but not required. Supervised Analytic Writing or Substantial Paper credit available. Paper required. Enrollment limited to twenty. E.D. Elliott

[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. Self-scheduled examination (Web) or paper option. Also PLSC 842b. B. Ackerman

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

*Corporate Governance Seminar (21614) 3 units. The purpose of this course will be to introduce students to public policy debates regarding the way that corporations should be regulated from the outside by government and from the inside by directors, officers, and shareholders. The course will focus on economic and public choice theory as well as issues in corporate finance about the nature of the corporation and the role of the corporation in society. Students will be encouraged to be cognizant of the value of markets and the need to improve the quality of public decision making in areas related to the regulation of corporate governance and capital markets. Paper required. J.R. Macey

Criminal Law and Administration (21303) 4 units. An introduction to criminal law and its administration, including the requisites of criminal responsibility, the defenses to liability, inchoate and group crimes, sentencing, and the roles of legislature, prosecutor, judge, and jury. This course is given in several sections; it must be taken before graduation. Self-scheduled examination. J.Q. Whitman

Criminal Law and Procedure: Advanced Research (21647) 2 or 3 units. Students who have completed a course in criminal law or in criminal procedure will conduct research and writing and, if there is mutual interest, present their work to others. Permission of the instructor required. Paper (or several shorter projects) required. K. Stith

Criminal Procedure: Disposition (21217) 3 units. This course will cover pretrial proceedings, plea-bargaining, right to trial by jury, effective assistance of counsel, joinder and severance, right of confrontation, prosecutorial discretion, some trial proceedings, and double jeopardy. Class participation is expected and may be taken into account in grading. Scheduled examination. S.B. Duke

Criminal Procedure: Police Practices and Investigations (21448) 3 units. The course will focus on the constitutional law that governs searches, seizures, and confessions. The course will consider in detail the evolution of the exclusionary rule and the development and administration of the probable cause and warrant requirements. It will also examine stop and frisk, administrative searches, searches incident to arrest, vehicle searches, consent searches, and the admissibility of confessions. Scheduled examination. T.L. Meares

Critical History of U.S. Energy Law and Policy (21720) 2 or 3 units. Why does U.S. environmental law work reasonably well to achieve its declared objectives but energy law does not? Since the 1973 Arab oil embargo, every president has declared as a central goal of national policy for the United States to become less dependent on imported oil, but until recently our “addiction” to imported oil (in the words of George W. Bush) increased. Will the recent boom in shale gas and unconventional oil change all that and turn the United States into an energy exporter? This research seminar will examine national energy law and policy since World War II with the objective of understanding why the legal techniques that we have applied have been so unsuccessful in achieving their declared objectives. The class will focus particularly on policies intended to stimulate renewables and other alternative sources of energy, including energy efficiency. This course will consider renewables not in isolation but in dynamic interrelationship with policies toward conventional fossil sources of energy. A third unit is by arrangement with the instructor. Supervised Analytic Writing or Substantial Paper credit available. Self-scheduled examination (Web) or paper option. Enrollment limited to twenty-five. Also F&ES 841b. E.D. Elliott

Critical Race Theory (21039) 3 units. In the mid-1980s, a new scholarly movement developed in legal academia, Critical Race Theory (CRT). Early advocates of CRT—including Derrick Bell, Mari Matsuda, Charles Lawrence, Richard Delgado, Kimberlé Crenshaw, and Patricia Williams—challenged both the substance and style of conventional legal scholarship. Substantively, race crits rejected formal equality, individual rights, and color-blind approaches to solving legal problems. Stylistically, critical race scholars often employed new methodologies for legal scholarship, including storytelling and narrative. The goal of this course is to examine the genesis of CRT and explore CRT’s possibilities and limitations. Such explorations will require students to think carefully not only about race and racism, but also about sexism, classism, and heterosexism. Hopefully, the course will provide an opportunity to challenge—critically and collegially—the most basic assumptions about race, law, and justice. Among the current topics the class will study are racial identity; the social construction of race; affirmative action; white privilege; implicit bias; identity performance; inter- and intra-minority tensions; race and racism in law schools and law firms; lawyering; race, intimacy, and family; and race and criminal law and procedure. Self-scheduled examination. Enrollment limited to thirty. A. Onwuachi-Willig

Cuba: Human and Political Rights (21238) 3 units. This seminar will begin by examining the history of Cuba’s political system, society, economy, and laws. The class will also critically consider a variety of written materials bearing on Cuba’s future, but its focus will be on the present state of human rights in Cuba and whether it would be feasible to construct here at the Law School a clinic (or other experiential learning approach) whose purpose would be to enhance political and civil rights in Cuba. In the second half of the course, some part of each session will be devoted to the students’ paper topics, which may relate to any of the aforementioned topics. Paper required. K. Stith

Designing Organizations (21617) 2 or 3 units. Recent decades have brought rapid and continuing innovation in organizational forms and organizational law for commercial, private noncommercial, and governmental enterprise. This seminar will focus on important elements of this process, with the objective of developing (1) a broader familiarity with current forms and their uses; (2) a deeper understanding of the historical development and likely future evolution of organizational forms and organizational law; and, generally (3) a sense of what kinds of organizational structures are workable, in both practical and legal terms, in contemporary society. Among the topics likely to be discussed are: the functions served by a separate body of organizational law; the disappearing boundary between organizational law and contract law; transactions on the firm/contract boundary, such as asset securitization; evolving forms such as LLCs, statutory trusts, and cell companies; the organization of mutual funds, hedge funds, and private equity firms; social enterprise and the development of special hybrid nonprofit/for-profit forms (including the L3C and the B-Corporation) to promote it; the distinction between governmental (public) and nongovernmental (private) organizational forms and their respective roles; the contemporary evolution of governmental forms such as municipal corporations and special districts; the breakdown of the partnership form and the struggle over alternative forms for law practice and other service industries; and the changing structure of marriage and civil unions. Students seeking 2 units will be asked to write comments on the readings for eight weeks among the thirteen weeks of the term, or alternatively three such comments and a short paper of broader scope. Students seeking 3 units will be asked to write three comments plus a paper of the type suitable for Substantial (or Supervised Analytic Writing) credit. Prerequisite: Business Organizations. Permission of the instructor required. Paper required. Enrollment limited to twelve. H. Hansmann

Dialogue between the Highest Courts: Cooperation, Cohabitation, or Conflict? (21433) 2 units. One of the emerging trends in modern countries is the development of so-called multidimensional protection of individual rights. In consequence, questions concerning protection of those rights may be parallely addressed under different norms of reference (e.g., national constitutions as well as international and supranational instruments) and adjudicated before different (national, international, and supranational) judicial bodies. While potentially beneficial for protection of rights, multinational dimensional protection may result in jurisdictional overlaps. In the national-level perspective, there may be an endemic competition between a supreme court and a constitutional court. In the international-level perspective, there may be no clear borders between jurisdiction of different courts, as is the case with the two European highest courts: the European Court of Human Rights and the Court of Justice of the European Union. And, finally, in the cross-level perspective, national and international courts may be called to decide on the same matter. It generates a considerable potential for conflict, as it is in the nature of every highest court that it may not be willing to accept limitations to its jurisdictional supremacy. This seminar will identify and review several examples of dialogue between the highest courts. The class will mostly focus on different European systems and will devote particular attention to cases concerning individual rights and liberties. The class will see that, in the realities of judicial dialogue, different courts arrive at different solutions and—while quite often there is a common will to cooperate—some courts could hardly resist the temptation to enter into an open conflict. In brief, this seminar will serve as an introductory guide into the complicated system of constitutional and international jurisdictions in the modern world. Self-scheduled examination or paper option. L. Garlicki

†Drafting and Negotiating Merger and Acquisition Transactions (21665) 2 units. The class will provide students with an understanding of the structure and basic provisions of an acquisition agreement and will focus on drafting and negotiation skills. The class will provide an understanding of the key provisions of acquisition agreements by highlighting the differences between the ABA Model agreement and “real-world” agreements. Students will be provided with a hypothetical purchase agreement, and the class will be divided into Buyer and Seller teams. Students will practice drafting and negotiating skills by participating in a simulated negotiation of the hypothetical transaction. Students will be guided by experienced M&A practitioners and investment bankers who will serve as guest coaches for the simulated negotiation. Preference given to J.D. students. Enrollment limited to sixteen. S.S. Adler

Drug Product Liability Litigation (21147) 3 units. More product liability lawsuits are filed against drug manufacturers than all other industries combined. As one scholar put it, the pharmaceutical industry is now “in tobacco-land terms of how much people hate it,” and drug product liability litigation is a “growth industry.” This course, taught by a practitioner with twenty-five years of experience trying such cases, will consider the theory and practice of such litigation. At the outset, we will focus on the similarities and differences between pharma cases and other product liability cases, using the Diet Drug cases tried by the instructor as a model. The class will then consider the doctrines governing such lawsuits—such as “failure to test”; inadequate warning; learned intermediary; medical causation; and various forms of damages—discussing those issues both in their classic formulation in a single lawsuit, but also in the way those principles are applied in mass litigation, where there may be several thousand individual cases and multiple trials. The course will also consider the practical aspects of those cases, such as the special evidentiary problems when doctors are witnesses; techniques to present scientific material to juries; approaches to trial examination; and jury selection strategies. Short mid-term “bench memorandum” (40 percent); self-scheduled final (open book, 50 percent); class participation (10 percent). Self-scheduled examination. P.T. Grossi, Jr.

Drugs and the Criminal Law (21738) 2 units. This course will concern a collection of philosophical questions about the criminal law and drugs. The course will discuss the criminalization of drugs; the value and defensibility of the drug courts; the nature of addiction, considered from a philosophical, decision-theoretic and neuroscientific perspective; responsibility for crimes performed in service of addiction; responsibility for crimes committed while intoxicated; and the nature and justifiability of criminal possession. Paper required. Enrollment capped at twenty. G. Yaffe

*†Education Adequacy Project (21470) 3 units. The Education Adequacy Project (EAP) provides a unique opportunity for students to participate in and help lead institutional reform litigation. The only clinic of its kind in the nation, EAP pursues a single complex lawsuit to ensure the State of Connecticut provides all Connecticut children with adequate and equitable educations. Students work with attorneys at Debevoise & Plimpton as well as local counsel in an integrated trial team. Students play a significant role in determining the case’s litigation strategy. EAP members pursue a variety of projects including education policy research, legal writing, legal research, and other tasks essential to litigation. Class time is devoted to litigation strategy and discussion with supervising attorneys; training in litigation skills; and internal clinic logistics. Permission of the instructors required. H.V. Cantwell, A.A. Knopp, D.N. Rosen, H. Smith, and M.D. Weisman

Empirical Research Seminar (21745) 3 units. This class will provide students with an opportunity to conduct empirical research. Students will be expected to have a background understanding of empirical research methods. In the class, students with a research topic will design, conduct, analyze, and write up their research project. Prerequisite: fall class on research methods (Tyler) or equivalent prior class. Permission of the instructor required. Paper required. Enrollment limited. Also PSYC 630b. T. Tyler

Employment and Labor Law (21136) 2 units. This course will explore the major legal issues in the employment relationship. Topics include the Fair Labor Standards Act; collective organization of workers and other issues under the National Labor Relations Act; alternative processes for union organization in recent decades; legal rules governing workplace safety and health and major employee “fringe benefit” programs (pensions and health insurance); free speech rights of employees; legal rules governing genetic screening, drug testing, and other testing of employees; mandatory arbitration of employment disputes; unemployment insurance; the legal treatment of employee non-compete agreements; the Family and Medical Leave Act; and prohibitions on employment discrimination on the basis of race and other traits. The written work required for the course will be four four-page analytic essays on the course concepts and materials. Students interested in completing Substantial Paper or Supervised Analytic Writing credit in the employment and labor law area may seek permission to add additional independent writing credit, as neither Substantial Paper nor Supervised Analytic Writing projects can be substituted for the four required essays for the course. C. Jolls

[The] Engineering and Ownership of Life (21441) 2 units. This course will examine the history of innovation in plants, animals, and human genes and the arrangements that innovators have devised through the law and by other means to establish and protect intellectual property rights in the fruits of their labors. Attending mainly though not exclusively to the United States, it will probe the history of these two subjects both in their own right and their connections to each other and the larger social, economic, and political context from the late eighteenth century to the present. Attention will be given to key cases bearing on patent protection for natural products. In the first half of the course, which will run to about 1950, the class will consider the history of plant and animal breeding and the role in establishing and maintaining intellectual property rights in plants and animals of devices such as breeder’s associations, paintings, contracts, trade secrets, and the Plant Patent Act of 1930, which provided the first patent coverage of any type of living organisms in the world. The second half of the course, which will run from ca. 1950 to the present, will cover in part advances in plant breeding and the enlargement of intellectual property protection for plants both in the United States and Europe through the creation of the plant variety protection system. The bulk of the second half will be devoted to the rise of genetic engineering; the establishment of broad patent protection for living organisms and their parts, including human genes, in the United States and Europe; the biotechnologies of medical diagnostics, pharmaceuticals, and agriculture; and the controversies surrounding these developments in the context of globalization. Paper required. This course will meet according to the Law School calendar. Enrollment capped at ten Law students. Also HIST 938a; HSHM 676a. D.J. Kevles

†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 instructors. Enrollment limited to thirty. Also F&ES 970b. A. Clements, J.U. Galperin, and L. Suatoni

*†Ethics Bureau at Yale: Pro Bono Professional Responsibility Advice (21653) 3 units. Lawyers’ need for ethics advice, consultation, and opinions is not limited to those who can pay. Impecunious clients and the lawyers who serve them are in need of ethics counseling and legal opinions on a regular basis. For example, Yale law students provided essential help in preparing an amicus brief in Holland v. Florida, a Supreme Court case from the 2009 Term that resulted in a victory for the petitioner and an extensive citation to the amicus brief in the majority opinion. The Ethics Bureau provides these essential services for those who cannot retain paying counsel. The work of the Bureau will consist of three major components. First, the Bureau will provide ethics counseling for pro bono organizations such as legal services offices and public defenders. Second, the Bureau will prepare standard of care opinions relating to the conduct of lawyers that are needed in cases alleging ineffective assistance of counsel and other challenges to lawyer conduct, cases in which the clients are impecunious and otherwise cannot secure expert assistance. Third, from time to time, the Yale Ethics Bureau will provide assistance to amici curiae, typically bar associations or ethics professors, on questions of professional responsibility in cases in which such issues are front and center. It did so in a United States Supreme Court case, Maples v. Allen, argued in the 2010 Term, decided in early 2012, citing the amicus brief of the clinic. The students working at the Bureau will meet for class two hours per week and will be expected to put in approximately ten hours on Bureau projects each week. The classroom work will not only explore the ethical minefield, but also consider the role of expert witnesses in the litigation process, its appropriateness, and the procedural issues thereby raised. The course has no prerequisites. Preference given to prior Ethics Bureau enrollees and students who previously took the instructor’s ethics class. Permission of the instructor required. Enrollment limited to twelve. L.J. Fox

European Convention on Human Rights: Selected Problems (21150) 3 units. This course will offer an introduction to the international human rights law as developed in Europe under the 1950 European Convention on Human Rights. The European Convention represents the most developed mechanism of protection of human rights on a regional level, and the case law of the European Court of Human Rights is referred to in many jurisdictions outside Europe, albeit not always in a fully affirmative manner. Global implications of human rights acquire particular prominence in the context of the “war on terror,” and the European Court has been able to produce a considerable body of judgments on that matter.

After a general presentation of the European Convention as well as the organization, jurisdiction, and procedure of the European Court of Human Rights, examples and cases taken from five substantive areas will be discussed: right to life, focused, in the first place on the use of lethal force by State agents, but also addressing positive obligations of the State to protect human life and questions like euthanasia (mercy killing) and abortion; prohibition of ill treatment and its current extensions in the Court’s case law, particularly in respect to deportations, extraditions, and renditions and also in respect to modern interpretation of the prohibition of slavery and forced labor; right to personal autonomy, including rights to personal identity and decisions on individual and family matters; freedom of religion, particularly in conjunction with educational rights, religious symbols, and “new religions”; and freedom of expression, focused, in the first place on limitations imposed on “hate speech” and calls to violence, but also on limitations justified by protection of privacy and reputation of others. Take-home exam in which students will be invited to propose a draft judgment of the ECHR. Self-scheduled examination. L. Garlicki

Evidence (21277) 4 units. A survey of the American approach to the production of evidence. Although the major focus will be the Federal Rules of Evidence, the course will also study constitutional principles and philosophical arguments. The class will do some comparative work as well. Scheduled examination. S.L. Carter

Federal Income Taxation (21050) 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. No preference given to third-year students. Self-scheduled examination. Enrollment will be capped at seventy. A.L. Alstott

Federal Indian Law (21739) 3 units. The course will examine the concept of indigenousness and the trajectory of legal relations between Native American tribes and the federal and state governments. Particular attention will be given to shifting federal policies, the development and jurisdiction of tribal courts, tribal sovereignty and legislative competence, tribal membership, criminal and family law, constitutional rights, taxation, gaming, and the control of natural and cultural resources. The role of the federal courts, including the changing approach of the Supreme Court, will be studied, as will the experience of other countries with indigenous populations. The American experience will be evaluated in light of the 2007 United Nations Declaration on the Rights of Indigenous Peoples. There will be a field trip to a nearby reservation. Self-scheduled examination or paper option. E.R. Fidell

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 laws. Scheduled examination. A.R. Amar

[The] First Amendment (21230) 4 units. This course will study the constitutional rights of freedom of expression and freedom of religion guaranteed by the First Amendment. Among the topics covered will be offensive speech; defamation; pornography; symbolic speech; commercial speech; campaign finance; Internet and broadcast regulation; restrictions on time, place, and manner of expression; freedom of association; religious autonomy; rights of religious communities; aid to parochial schools and other religious institutions; permissible accommodations of religious practice; and state establishments of religion. Self-scheduled examination or paper option. J.M. Balkin

Foreign Relations and National Security Law (21634) 4 units. This course will cover the central constitutional and statutory doctrines relevant to U.S. foreign relations and national security matters. It will address the distribution of foreign relations and national security powers among the three branches of the U.S. federal government, the scope of the treaty power, the status of international law in U.S. courts, and the international and domestic laws that govern the use of armed force by the United States. The class will discuss many of these topics in the context of current events that have placed long-standing legal frameworks under pressure, including the capture, detention, and trial of terrorism suspects; the emergence of cyber-attacks; and the use of remotely piloted drones for targeted killing. Students will have the opportunity to write brief case studies on recent developments in the law. Self-scheduled examination. O. Hathaway

Global Health and Justice Practicum (21416) 3 units. This course will fuse didactic and experiential learning on critical topics at the intersection of public health, rights, and justice in the twenty-first century. Students will have the opportunity to explore analytic and practical frameworks that engage a diverse range of legal frameworks and processes that act as key mediators of health, including producing or responding to health disparities in the United States and worldwide. Readings and project approaches will draw from legal, public health, historical, anthropological, and other fields to introduce students to the multiple lenses through which health issues can be tackled, and to build their competence to work with colleagues in other disciplines around such interventions.

A central goal of the class is to equip students with the capacity to engage critically and constructively with the evolving tools of law, policy, and rights in the context of global health. Through readings and real-world projects the students will have an opportunity to explore the means by which—and with what limitations—law, policy, and rights can be used as tools to promote health within a global context. Students will work on projects in teams and be evaluated by their work product rather than a final exam.

The practicum is a cornerstone in the Global Health Justice Partnership between Yale Law School and the School of Public Health. There will several clinic projects, and student interest will be taken into account when selecting project teams. As an example, one project is likely to relate to GHJP’s mining health justice project, which works with colleagues in southern Africa to address the critical failures of the current mining system in South Africa to protect miners’ health. Resources will be available for travel for students and faculty as needed. The course will be designed for a mix of Public Health students and Law students, though select students from other disciplines may also be admitted. This course will meet according to the Law School calendar. Permission of the instructors required. Enrollment limited to twelve. A. Kapczynski, A. Miller, and G. Gonsalves

Habermas and Rawls on Justice and Politics (21054) 2 units. In different ways, John Rawls and Jürgen Habermas have profoundly shaped the political discourse of the past few decades in the anglophone world and in Continental Europe, respectively. This seminar will discuss their approaches in a comparative way, paying special attention to their exchanges with and comments on each other as well as to the subsequent work and debates these two thinkers have inspired. Permission of the instructors required. This course will meet according to the Law School calendar. Enrollment limited to eighteen. Also PHIL 708b. S. Benhabib and T. Pogge

History of Political Philosophy from Grotius to Kant (21189) 2 units. This course will discuss major figures in the history of legal and political philosophy in the seventeen and eighteenth centuries, with a focus on the works of Hugo Grotius, John Locke, and Immanuel Kant. Among the topics addressed will be the acquisition of property, the role of consent in the creation and transfer of rights, the relation of the individual to the state, and the legitimacy of war as a legal institution. Paper required. Enrollment limited to fifteen. Also PHIL 707b. S.J. Shapiro, S. Darwall, and G. Yaffe

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

Immigration Law and Policy (21305) 4 units. This course will survey U.S. immigration and citizenship law. The course will begin by covering several constitutional issues: acquisition and meaning of citizenship; Congress’s plenary immigration power and the separation of powers in immigration law; immigration federalism; and the application of equal protection and due process to noncitizens. It will then turn to the statutory and administrative frameworks that govern the admission and removal of noncitizens. Students will work closely with the Immigration and Nationality Act and consider aspects of judicial review and the law of habeas corpus. The course will conclude with a consideration of select topics in immigration law and policy, such as the intersection of national security and immigration law and the basics of refugee and asylum law. Throughout the course, students will engage various theoretical questions: What defines membership in a polity? How should the rights of citizens and noncitizens differ? When is it appropriate to force noncitizens to leave the United States? Are there any moral/humanitarian constraints on the state’s interest in controlling its borders? Self-scheduled examination. C. Rodríguez

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

*In-House Lawyering: Ethics and Professional Responsibility (21451) 3 units. This course will focus on the ethical challenges and professional responsibility issues facing corporate (or “in-house”) counsel, which can differ markedly from the law firm context and which in-house lawyers must often identify and resolve with limited external support. This course will be a thematic weekly seminar, generally dedicating each class to a specific issue (e.g., professional responsibility obligations when exercising general business discretion) or to a particular representational situation (e.g., differences in applying the rules among the corporate, nonprofit, and government contexts). Guest lecturers will occasionally supplement or lead class discussion. Readings will include the New York Rules of Professional Conduct and the American Bar Association’s Model Rules of Professional Conduct, published opinions, and journal articles. (It is anticipated that most readings will be accessible through the Internet, Westlaw/Lexis, or the Law Library.) Previous exposure to professional responsibility concepts (e.g., another ethics class or prior preparation for the MPRE) is useful but is by no means a prerequisite. Self-scheduled examination. Enrollment capped at thirty. B.T. Daly

[The] Institution and Practice of the Federal District Court (21335) 2 units. This course will examine the institution and practice of the federal district court from the perspective of the judge. Weekly reading materials, available on the course Web site, will include articles on topics covered in the seminar as well as case filings and judicial decisions. Emphasis will be given to effective lawyering techniques at key stages of civil and criminal cases. Grades will be based on class participation (25 percent) and a series of short written submissions (75 percent). For example, for the session devoted to sentencing, students will be asked to submit a memorandum in aid of sentencing either on behalf of the government or the defendant. There will be no examination. Open only to J.D. students. Enrollment limited to twenty. R.N. Chatigny

[The] Institutional Supreme Court (21695) 3 units. This course will examine the Supreme Court from the perspective of its institutional role and the behavior of its members. Since the aim is a better understanding of how constitutional law is made, the focus will be on the making, rather than on the substantive law. Readings will be drawn from current and past cases, briefs, and argument transcripts as well as political science literature on judicial behavior, public opinion, the appointment process, and other topics. Students who wish to write a paper in lieu of the exam must present a proposal before spring break and receive the instructor’s permission. Paper required. Enrollment limited to thirty, with preference given to first-year J.D. students. L. Greenhouse

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

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

International Commercial Arbitration (21283) 2 units. International commercial arbitration has increased as a function of world trade. This seminar will examine systematically and comparatively, through statutes, rules, national and international cases, and treaties, the establishment, operation, and implementation of awards of international arbitration tribunals; the role of national courts in compelling, facilitating, and enforcing or vacating arbitral awards; and policies currently under consideration for changing arbitral practices. Scheduled examination (Web) or paper option. Enrollment capped at twenty-five. W.M. Reisman, Y. Banifatemi, and E. Gaillard

International Human Rights Law (21247) 3 units. This course will survey international human rights law and its role in the contemporary world order. Beginning with the historical and philosophical roots of this concept, the course will turn to the legal instruments, institutions, and methods that have developed to enforce and implement human rights at the international, regional, and domestic levels. Throughout, the class will struggle with the meaning of human rights, the disjuncture between the ideals and the reality of human rights law, and the challenges facing human rights in the contemporary era. Among the issues that will percolate are the following: What happens when rights conflict with one another? What is the role of human rights law in armed conflict? How should considerations of national security be balanced against countervailing human rights claims? What is the role of human rights law in the regulation of non-state actors like multinational corporations? What is the proper balance between universalism and respect for local norms and mores? In addressing these and other questions, the course aims to strike a balance between critical reflection on the limits, failings, and sometimes perverse effects of human rights law and recognition of the past achievements and the enduring promise of human rights as a legal regime. Paper or self-scheduled examination. K.T. Dannenbaum

International Intellectual Property Law: The Principles, Politics, and Law Governing Global Flows of Information (21351) 3 units. It is common today to hear that we live in a “global information society.” Information and cultural objects—books, movies, music, software, data, genetic sequences, brands, medical technologies, etc.—are increasingly important to the global economy, and increasingly manipulable and mobile. They are also increasingly important to the fate of individuals and groups around the world, whether with regard to access to medicines and food, or opportunities to participate in education, culture, and governance. International intellectual property (IP) law has expanded substantially over the past few decades, and today seeks broadly to regulate transnational flows of information and culture. It has become accordingly more important to businesses and individuals alike, and more contested. This course will analyze the international IP regime, situating it within the dynamics of globalizing flows of information and cultural objects. It will provide an overview of the law, principles, and politics of this area of law. The class will use case studies to illuminate the interaction among the three and will pay particular attention to the implications of IP law for development. Subjects covered will include patent law and related rights; traditional knowledge and genetic resources; trademark; and copyright and related rights. A previous course in IP (or some subset thereof), or permission of the instructor is required. Course requirements will include response papers, class participation, and a paper (or possibly project) rather than an examination. Paper required. A. Kapczynski

International Investment Law (21494) 2 units. As foreign direct investment has increased as a function of globalization, so have disputes about investment. This seminar will examine the treaties concluded to encourage and regulate foreign investment, the international law and procedure applied in the third-party resolution of international investment disputes, treaties concluded to encourage and regulate foreign investment, and the critical policy issues that must now be addressed. Papers may qualify for Substantial Paper or Supervised Analytic Writing credit. Scheduled examination (Web) or paper option. Enrollment capped at twenty-five. W.M. Reisman and G. Aguilar-Alvarez

International Trade Law (21635) 4 units. This course will examine the laws, policies, and multilateral institutions governing the global trade in goods and services, with a particular focus on the main multilateral trading body, the World Trade Organization (WTO). It will also consider the role of regional trade agreements and private regulators in organizing contemporary economic globalization. Since international economic law is a rapidly evolving field with few long-standing doctrines, the historical and normative analysis of global trade will be necessarily emphasized throughout the course, and, in that vein, the class will consider the role of environmental protection, human rights, and labor regulation in international trade law and policy. Self-scheduled examination. D.S. Grewal

Introduction to Corporate Taxation (21524) 3 units. The United States has a “classical,” or two-level corporate tax system, which aims to tax corporate income twice: once when earned at the corporate level and again when distributed to individual shareholders. This corporate “double tax” is problematic because its policy rationale is thin and its implementation is tricky. This course will focus on both the policy and the technical aspects of taxing corporations. On the policy side, it will consider current and past proposals to integrate the corporate tax with the individual income tax. On the technical side, it will consider the tax problems that arise when corporations engage in transactions with their shareholders or with other corporations, including contributions, distributions, and reorganizations. This course is open only to J.D. students. Prerequisite: Federal Income Taxation. Self-scheduled examination. A.L. Alstott

Introduction to the Regulatory State (21722) 4 units. This course is an introduction to the modern regulatory state, with an emphasis on legislation, administrative implementation, and statutory interpretation by judges as well as by agencies. Because of the focus on statutory interpretation, this course is a substitute for the advanced course in Legislation, but it is not a substitute for the advanced course in Administrative Law. Self-scheduled examination. Enrollment limited to eighty, with preference given to first-year J.D. students. W.N. Eskridge, Jr.

Introduction to Transnational Law (21454) 4 units. This course will provide an introduction to and overview of the emerging field of transnational law. It will teach students the minimum that every lawyer should know about the international dimensions of law in the modern world. It is intended to provide a foundation on which those who are interested in further study of the particular topics covered in the course can build. The course will cover both the public and the private dimensions of transnational law. Among the topics to be studied are transnational legal process (including transnational litigation and transnational arbitration) and issues of “transnational legal substance,” including the Constitution and foreign affairs; the law of treaties; customary international law; trade law; international environmental law; international criminal law; international business transactions; and the law on the use of force. Scheduled examination. H.H. Koh

†Iraqi Refugee Assistance Project (21623) 3 units, credit/fail. This seminar and practicum will afford students working with the Iraqi Refugee Assistance Project an opportunity to examine the Middle East’s gravest humanitarian crisis in generations as well as broader issues in refugee law and policy. Class sessions will combine project rounds with a consideration of the development and content of the international refugee legal regime, U.S. policy toward refugees, and the particulars of the Iraqi refugee crisis. Guest lecturers will include practitioners and scholars in the field of refugee law. Permission of the instructors required. S. Wizner and R.M. Heller

Issues in American Foreign Policy (21626) 3 units. This seminar will examine current issues of American foreign policy. Much of the seminar will involve conventional seminar-style discussion of issues and readings, at times with the guest participation of leading scholars and practitioners in the foreign policy field. Central to the seminar, however, will be a variety of collaborative student projects intended to be part of ongoing foreign policy debates. Each student will be expected to undertake a significant writing project to be determined in consultation with the instructor. Permission of the instructor required. P. Gewirtz

Jurisprudence (21503) 2 units. Legal theories, including naked power, natural law, positivism, sociological jurisprudence, American legal realism and policy sciences, as well as theories of adjudication and interpretation, will be examined both on their own terms and from the perspective of the New Haven School. Scheduled examination or paper option. W.M. Reisman and R.D. Sloane

Kant’s Philosophy of Judgment (21252) 3 units. In the third and last of his so-called Critiques, Kant addresses the problem of judgment. How are judgments of beauty and goodness formed? To what do they refer? How should they be assessed? Though Kant does not discuss political or legal judgment specifically, his general account bears directly on the subject. Topics to be considered include the distinction between beauty and sublimity; the cultivation of taste; judgment and common sense; the meaning of genius; nature, art, and the moral good. The required text is Kant, Critique of Judgment (trans. W. Pluhar). Paper required. P.W. Kahn and A.T. Kronman

Land Use (21117) 3 units. Land use law shapes the success of cities, the sprawl of suburbs, and the fate of rural land. This course examines the array of devices, legal and nonlegal, that governments, developers, and opponents of development employ to influence the land development process. Zoning regulations—the primary tool of public land use management and a frequent target of constitutional complaint—are a central focus. Also addressed are topics such as historic preservation, environmental impact reporting, homeowner associations, growth controls, and mechanisms for financing the urban infrastructure. Scheduled examination. R.C. Ellickson

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

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 reaction papers will be required during the term. C. Jolls

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

Law and Globalization (21508) 2 units. The Law and Globalization seminar is an ongoing Yale Law School colloquium series for the discussion of recent scholarly research on legal aspects of globalization, broadly conceived. The topic of the spring 2014 edition will be transnational law and legal process. The class will host a mix of scholars and lawyers working in the fields of transnational regulation, human rights protection, and trade. On off-weeks, students will read and discuss texts selected by our visitors in preparation for their visit. Requirements include: (1) full participation in the seminar, including circulating two short (two-page) discussion papers on the readings; and (2) the writing of either one 25–30-page research paper on a topic relevant to law and globalization or three 8–10-page essays responding to the papers being presented in the seminar. Students may earn additional credit if they wish to produce a major research paper. The seminar may be repeated for credit, with permission. Paper or literature review required. Enrollment limited to twelve. A. Stone Sweet and P. Zumbansen

Law and Terrorism (21538) 4 units. This seminar will be devoted to examining the impact that the fight against terrorism—an all-consuming endeavor for more than a decade—has had upon established legal principles and America’s commitment to the rule of law. Special attention will be given to the policies governing the capture and targeting of suspected terrorists, the methods of interrogation and surveillance, the use of military commissions to try suspected terrorists, programs to freeze assets that might be used to support terrorist activities, and limitations on freedom of speech aimed to minimize the risk of terrorist activities. Paper required. Enrollment limited to fifteen to twenty. O.M. Fiss

Law and the American Health Care System (21586) 3 units. What is “health law”? This course will use the field’s most important books, articles, statutes, and cases to get to the bottom of that question. Beginning with the study of the field’s overarching normative debates (what should the role of a health care system be?), the class will move through topics ranging from Medicaid, to bioethics, to drug research, to the role of insurance, in order to get the “big picture” view of the field, the stakes, and the role that legal theory scholarship and doctrine can and do play. The focus will be both doctrinal—what are the major principles and doctrines of health law?—and normative—what role should law play in this critical area of our national economy and welfare? Along the way, the class will welcome guest speakers from legal and medical practice to share the “on the ground” view. Students will write a research paper on the health-related topic of their choice, and be responsible for a brief presentation of their work to the rest of the class. Substantial Paper or Supervised Analytic Writing credit may be available with the permission of the instructor. Students from the Schools of Management, Medicine, and Public Health are also welcome. Students with and without previous courses or background in health law are welcome. Paper required. Permission of the instructor required. Enrollment limited to twenty. A.R. Gluck

Legal Accounting (21585) 2 units. This course will introduce the student to (1) financial statements and accounting mechanics, (2) underlying accounting concepts and principles, and (3) differences between accountants and lawyers (touching on business organization, the question of who is the client, and ethical standards). Roughly, the first third of the course will concentrate on mastering basic accounting concepts and mechanics. The last two-thirds of the course will introduce the student to various accounting topics, together with related case law, Sarbanes-Oxley provisions, and other legal and practical concerns. Throughout the course, accounting issues will be illustrated by reference to, and analysis of, recent events in the news. By the end of the course, the student should be conversant with basic accounting and major accounting issues, and he/she should be able to understand the accounting implications flowing from legal decisions in such fields as tax, securities, and business law. Scheduled examination. R. Baxter

†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 may also be available. Enrollment limited to approximately four. F.X. Dineen

Legal Research and Technology in Practice (21491) 1 unit, credit/fail. This course will introduce students to technological tools of the trade with each class covering in depth a topic of law technology in practice. Topics may include e-discovery tools and techniques, knowledge management, law practice management technology, virtual law offices, social media and marketing, courtroom technology, and more. This class will not focus on the legal issues created by technology. Classes may include guest speakers from law firms, the courts, as well as knowledge management, marketing, and IT experts to speak about technological issues. As part of the course, students may take turns monitoring and leading short discussions of legal technology news every week, or work on a course-long budget for setting up a small or solo law practice. This course will meet weekly for seven weeks in the second half of the term. The skills requirement (†) may only be satisfied by taking this course with another 1-unit legal research course. Minimum enrollment of five required. S.B. Kauffman, J. Eiseman, S. Matheson, and S.E. Ryan

Legislation (21227) 3 units. Most of law school is focused on the common law, but statutory law comprises the vast majority of American law today, and cases involving how to interpret statutes form the basis of most modern legal practice. This course will introduce students to the legal doctrines and theories of statutory interpretation/legislation and will give students the tools to apply these principles and ideas to any area of statutory law. The course will utilize statutory cases across many fields—ranging from tax, to health, to discrimination, to national security—and so also will give students a small taste of many different areas of law. The primary focus will be on the how courts’ understandings of the legislative process—as well as courts’ understandings of their own role in that process—affect how judges interpret statutes. The class will learn the various “canons of interpretation” and will consider questions such as: When statutes are obsolete should courts update them or read them as written, leaving the updating to Congress? Can Congress dictate how its statutes are interpreted by courts? Are the doctrines of statutory interpretation “law” in the same sense that other legal doctrines are? The class will also explore the major battles in the statutory interpretation wars on the U.S. Supreme Court, most notably the battle between “textualists” and “purposivists.” Throughout, close attention will be paid to the intersection of law and politics, and how Congress and the legislative process work. Scheduled examination. Enrollment capped at seventy-five. A.R. Gluck

†Legislative Advocacy Clinic (21392) 3 units, credit/fail. This clinical seminar will give students an opportunity to participate in the state legislative and policy-making processes by advancing—and defending—the interests of a Connecticut public interest organization of their choice. Clinic students may select their projects from a range of options supplied by the faculty, or they may approach the clinic with an organization/cause already in mind. Recently, students in the clinic have focused on public education, juvenile justice, tax policy, and women’s health. One of the clinic’s long-time clients (Connecticut Voices for Children) is a key player on a broad spectrum of policy issues affecting Connecticut families. The clinic’s work includes both affirmative legislative initiatives and defensive efforts to respond to proposed legislation deemed inimical to the interests of its clients. Issues of ethics and professional responsibility for lawyers working in the legislative arena will be an important focus of this clinic. In the fall term, students will develop policy proposals, participate in training sessions led by some of Connecticut’s most experienced lobbyists, meet with state legislators, and work with their client organizations to identify upcoming legislative issues. Once issues have been chosen for action, students will research the subject, work in coalition with other organizations, prepare and present “white papers,” and meet with legislators. In the spring, students will meet with legislators to get their bills introduced, develop oral and written testimony in support thereof, identify other witnesses, shepherd their bills through the committee process, and work to get them adopted. During the legislative session, students will also monitor other proposed legislation that might affect the clinic’s clients. To allow all students to participate in both the training/issue development and direct action aspects of the clinic’s work, priority will be given to students who commence their participation in the fall term. Enrollment limited to twelve. J.L. Pottenger, Jr., S.D. Geballe, and A.A. Knopp

†Liman Public Interest Practicum (21596) 2 units, credit/fail; with permission of the instructors, students may elect to write a related Supervised Analytic Writing or Substantial Paper for additional graded credit. This course provides students with the opportunity to work on public interest law projects. Subjects range from immigration to criminal justice to poverty law. Illustrative projects include: studying prison policies in all fifty states regarding the use of long-term isolation; investigating avenues to curtail prosecutorial misconduct; analyzing how prison visitation rules operate in practice; exploring how immigration status affects parental interactions with state child welfare agencies; developing educational materials for incarcerated and recently released people on parental rights and obligations; creating a manual for law enforcement regarding domestic minor sex trafficking; and researching how state and local tax regimes treat diapers so as to lower costs for low-income families and service providers. Students work in teams and meet regularly with supervisors. Permission of the instructors required. J. Resnik, H.R. Metcalf, and M. Quattlebaum

Liman Public Interest Workshop. Moving Criminal Justice: The Possibilities for Change (21534) 2 units, credit/fail. Many facets of the criminal justice system, from prosecutorial and police practices through detention, sentencing, and sanctions (such as supermax, life without parole, and capital punishment) are the subject of debate, and various reform movements aspire to have an impact. This workshop will consider how such reform agendas are developed, gain currency, become law, and make change. Topics will range from efforts to “abolish” capital punishment and life without parole to proposals to alter the criminalization of certain actions. Some movements target particular practices, such as the use of solitary confinement and juvenile life without parole. Others push for a broader shift in orientation regarding law enforcement and corrections, such as “community policing” and “reentry” assistance for people leaving prison. Some reformers seek to allocate greater resources to people in or leaving prison; others seek to capitalize on the recent budget crisis to shrink prison populations. Questions include how fiscal constraints, the media, and diverse social and religious movements affect the ideas for and the possibilities of reform. Further, given that many important movements (anti-slavery, women’s suffrage, and temperance for example, and more recently the death penalty) have been formed through cross-border exchanges, the class will consider the interaction of domestic, comparative, and transnational activities. Readings will be drawn from literature on law, political theory, the social sciences, media, religion, political parties, and social movements. J. Resnik, H.R. Metcalf, and M. Quattlebaum

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

Local Government Law (21175) 4 units. Much of our daily interaction with law and government is with local law and local government. Local governments are tasked with providing public goods as central to daily life as public schools and police; they pass laws and issue regulations governing everything from how loud parties can be to what one can eat; and, by setting property tax levels, regulating land uses, and limiting building heights, they have an enormous impact on the value of what is for most families their largest asset, their home. Many law school classes, however, ignore local governments and local laws. This class will change that focus, examining both the law governing the powers of local governments and the actual content of local laws and policy. A special focus will be put on the regulation of politics at the local level, looking at how the rules governing local elections affect the results of those elections. Further, it will delve deeply into the determinants of the economic success of cities, using cutting-edge research in agglomeration economics. And it will use those theoretical and empirical studies to address the nuts and bolts of local government law practice. Scheduled examination. D. Schleicher

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

Markets, Morals, and the Law (21148) 2 units. What things should or should not be for sale—and why? This course will consider several instances of “blocked exchanges” or “contested commodities,” including the trade in reproductive services, body parts, environmental resources, and human labor. With readings drawn from law, philosophy, and moral and political economy, the purpose of the course will be to introduce students to a range of contemporary controversies over commodification and to consider arguments about the appropriate scope and limits of market activity. Self-scheduled examination or paper option, with permission of the instructor. D.S. Grewal

Marriage and the State: Seminar (21742) 3 units. This seminar will consider the relationship between marriage and the state, past and present, with particular attention to the many ways that marriage serves as a source of public entitlements, benefits, and rights. The class will explore marriage’s regulatory role in several contexts, including social insurance (e.g., pensions and Social Security), need-based welfare, citizenship, and immigration. Readings and discussion will focus on how marriage has served as a state-building tool; how the use of marriage as a redistributive instrument has shaped the legal contours and social meanings of marriage; and how different individuals and groups excluded from marriage’s many entitlements have contested that exclusion. In particular, the class will consider how using marriage as a tool for distributing public rights and entitlements has given rise to contests over the meaning of equality—socioeconomic equality, racial equality, gender equality, and, most recently, marriage equality. Readings will include statutes, cases, constitutional provisions, international conventions, primary historical sources, and secondary literature from the fields of law, history, political science, and sociology. The class will focus primarily on the public-law dimensions of marriage in the United States, but readings will also include a healthy dose of international law and comparative sources. Students will be required to write a seminar paper, and we will dedicate the last three sessions of the term to student presentations of works-in-progress. Students who wish to use their seminar paper to fulfill the Substantial Paper requirement must request permission to do so by week five of the term. Seminar papers may not be used to satisfy the Supervised Analytic Writing requirement. Paper required. Enrollment limited to ten. K.A. Collins

*†Media Freedom and Information Access Clinic (21627) 2 or 3 units, credit/fail for students in their first term, graded for students in their second term. Students in this practicum will work with attorneys on cases involving media freedoms and information access; they may also be required to write related research papers. Permission of the instructors required. Enrollment limited to twelve. J.M. Balkin and D.A. Schulz

*Military Justice (21678) 3 units. This course will explore the nature and function of military justice today. Topics will include the constitutional rights of military personnel; court-martial jurisdiction and offenses; trial and appellate structure and procedure; collateral review; the roles of commanders, Congress, the Supreme Court, and the President; command influence; the role of custom; and punishment. Current issues such as those involving military commissions, command accountability, military justice on the battlefield, judicial independence, sexual orientation, adultery, fraternization, and the application of international human rights norms to military justice will be addressed. The class will consider issues of professional responsibility, how the military justice system can be improved, and what, if anything, can be learned from the experience of other countries. The primary text will be Fidell, Hillman, and Sullivan, Military Justice: Cases and Materials (LexisNexis, 2011). Self-scheduled examination or paper option. E.R. Fidell

†Mortgage Foreclosure Litigation Clinic (21671) 2 or 3 units, credit/fail. Students in this clinical seminar will represent homeowners fighting foreclosure in Connecticut state courts. They will conduct motion practice and discovery, including legal research and writing. Although this is primarily a litigation clinic, many of the clients are also participating in court-annexed mediation, in an effort to restructure their mortgages, so students will also gain experience in client counseling and ADR. Students will also provide brief advice and assistant to pro se homeowners at the courthouse. Enrollment limited to twelve. J.L. Pottenger, Jr., and J. Gentes

National Security Lawyering: Seminar (21746) 3 or 4 units. This course will offer an opportunity to research, write about, and participate in current debates over national security law. Students will work on research topics suggested by lawyers in the U.S. government or nonprofit groups working on issues of national security law. Students will write papers on selected topics and, where appropriate, produce recommendations for reform. During the first half of the term, weekly class meetings will be held with attorneys and policy makers who are directly involved in debates on national security law issues. Later in the term, class meetings will provide an opportunity for students to present and discuss their ongoing research. Substantial Paper and Supervised Analytic Writing credit is available. Permission of the instructors required. Enrollment limited to sixteen. O. Hathaway and H.H. Koh

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 on six Fridays during the term. *Students who take the clinic for 2 units and who attend two professional responsibility sessions will satisfy the professional responsibility requirement. †Students may only satisfy the professional skills requirement through this course if they receive 2 or more units. Also MGT 695b. J.G. Simon, M. Agsten, L.N. Davis, and B.B. Lindsay

[The] Philosophy of Law (21275) 3 units. An introduction to the problems and methods of the philosophy of law. Topics will include the nature of law and legal authority; the philosophical bases of various areas of law, including criminal law and the practice of punishment; and the political philosophy of law, including the nature of rights and the obligation to obey laws. Self-scheduled examination. Also PHIL 325b. S.J. Shapiro

Property (21409) 4 units. This course will inquire into a pervasive set of human institutions—the arrangements for getting, controlling, using, transferring, and forfeiting resources in the world around us. The course will begin by exploring what property regimes are and the range of purposes they might serve, and then move through the topics of acquisition, transfer, shared interests, and limitations on property. While the main focus will be property in land, the class will discuss the implications of property in other resources, such as wild animals, body parts, water, and information. The course will also examine recording and other notice-giving devices, interests in land over time, easements and deed restrictions, planned communities and “private government,” landlord-tenant relations, issues of differential wealth and civil rights, and public land-use regulation. With the permission of the instructor, students who write a longer paper may earn an additional unit. Self-scheduled examination. C. Priest

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

Proseminar in Law: The Foundations of Legal Scholarship (50501) 3 units. During the second term of the proseminar, students will read canonical legal scholarship and workshop their own writing. Enrollment in this term of the proseminar is required for first-year Ph.D. in Law students and recommended for entering J.S.D. students. In all cases, enrollment requires permission of the instructors. R.C. Post and R.B. Siegel

Public Benefits Law and Antipoverty Policy (21743) 4 units. This course will survey government programs that provide direct assistance to economically vulnerable people in the United States. These include means-tested programs targeted at low-income households (sometimes known as “welfare”), such as Temporary Assistance for Needy Families and the Supplemental Nutrition Assistance Program (aka food stamps); social insurance programs focused on loss of employment income to workers and their families, such as Unemployment Insurance and Social Security; and programs designed to enable and sustain access to employment, such as the Child Care and Development Fund. Consideration will be given to the relationship between these programs and tax policies (such as the Earned Income Tax Credit), labor market regulation (such as the minimum wage), and family law mechanisms (such as child support) with similar goals. Intersections with race, gender, and disability civil rights issues will receive attention throughout. The course draws heavily both from an array of legal authorities and from diverse normative and positive scholarly literatures. The materials and approach will provide both technical and theoretical foundations for students interested in approaching the field through direct legal services, policy advocacy or administration, or labor and employment law practice. Evaluation will be by a series of short papers; a major paper option also is available. N.D. Zatz

Public Order of the World Community: A Contemporary International Law (21036) 4 units. This introduction to contemporary international law will study the role of authority in the decision-making processes of the world community, at the constitutive level where international law is made and applied and where the indispensable institutions for making decisions are established and maintained, as well as in the various sectors of the public order that is established. Consideration will be given to formal as well as operational prescriptions and practice with regard to the participants in this system (states, intergovernmental and nongovernmental organizations, political parties, pressure groups, multinational enterprises, other private associations, private armies and gangs, and individuals); the formal and informal arenas of interaction; the allocation of control over and regulation of the resources of the planet; the protection of people and the regulation of nationality; and the allocation among states of jurisdiction to make and apply law. In contrast to more traditional approaches, which try to ignore the role of power in this system, that role will be candidly acknowledged, and the problems and opportunities it presents will be explored. Special attention will be given to (1) theory; (2) the establishment, transformation, and termination of actors; (3) control of access to and regulation of resources, including environmental prescriptions; (4) nationality and human rights; and (5) the regulation of armed conflict. Enrollment capped at twenty-five. Scheduled examination or paper option. W.M. Reisman

Race and Gender in Corporate Law, Governance, and Theory (21429) 2 units. This seminar will explore the intersections of race and gender with corporate law, governance, and theory. To date, the confluence of these fields has garnered little attention. Traditionally, the disciplines have lived in remote houses and have had few occasions to speak to one another. And yet, more than twenty-five years ago one prominent academic argued that “the impacts of corporate cultures are not…marginal to the experiences of women” and bemoaned “the relationship between patriarchal culture and the development of business corporations.” As further noted by another commentator, “[r]ace suffuses all bodies of law…even the purest of corporate law questions within the most unquestionably Anglo scholarly paradigm.” In addressing these intersections, topics such as the following will be considered: (1) race and gender in the corporate law curriculum; (2) feminist engagement with corporate law doctrine and theory; (3) critical race engagement with law and economics and corporate law theory; (4) corporate board composition and the implications of homogenous boards for organizational performance and social justice; (5) racism and sexism in the everyday lives of marginalized groups within the corporation; (6) legal reform strategies aimed at addressing board homogeneity; (7) the use of corporate law tools to address gender and race issues; and (8) corporate law in the transnational sphere and the implications for indigenous communities. Paper required. Enrollment limited to ten. A. Dhir

Remedies (21748) 4 units. You’ve won the case. But what do you actually get? This course is about what courts do (and don’t do) for litigants who have been found to be the victims of legal wrong. Though we will give some attention to every basic category of relief—damages, restitution, declaratory judgments, and injunctions—the main focus will be on remedies that plaintiffs seek in litigating against government entities (federal, state, and local). In particular, the class will consider the successes and failures of judicial remedies as a means to influence and reform the behavior of complex public organizations. Highlights include structural reform injunctions, agencies’ refusals to acquiesce in judicial rulings, and the contempt power, including the willingness (or unwillingness) of judges to use that power against public officials. Self-scheduled examination. N.R. Parrillo

Research Methods in American Law (21486) 1 unit, credit/fail. This course, formerly Efficient Techniques in Legal Research, will instruct students in basic legal research skills, including researching and updating federal case law, legislation, administrative law, and secondary sources, using both print and online resources. Students will be required to complete a series of short research assignments. The course will meet weekly for the first seven weeks of the term. The skills requirement (†) may be satisfied by taking this course with another 1-unit legal research course. Minimum enrollment of five required. S.B. Kauffman, J.B. Nann, J. Eiseman, J. Graves Krishnaswami, M. VanderHeijden, J.A. Jefferson, and C. Kellett

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

Research Methods in Regulatory and Administrative Law (21493) 1 unit, credit/fail. This course will examine federal, state, and local sources of administrative law and will teach students to research agency regulations, agency cases, and other sources of administrative law, using a variety of print and online sources. The goal of the course is to give students an understanding of the sophisticated research skills required for finding administrative authority in its various forms, including: enabling statutes, proposed and final agency regulations, decisions, opinions and policy, and executive orders. Topics covered include federal and state legislative and administrative history, increasing efficiency through the use of secondary sources, research in specialized fields, and the use of a variety of legal and nonlegal online resources, such as agency Web sites. Emphasis will be on researching using free government resources, but students will also learn how to conduct regulatory research using directories, Lexis, Westlaw, and Bloomberg and other databases. Although the primary focus of this course will be on researching federal administrative law, one class session will be devoted to researching state and local administrative law. Students will be evaluated based on class participation and on a final research project focused on a regulatory issue and agency of their choosing. The skills requirement (†) may be satisfied by taking this course with another 1-unit legal research course. This course will meet weekly for seven weeks in the second half of the term. S.B. Kauffman, J. Graves Krishnaswami, and M. VanderHeijden

Sentencing (21095) 3 units. An examination of the history, philosophy, and administration of the criminal sentencing process. Particular attention will be devoted to: (1) how judges, apart from guidelines, exercise discretion in light of the circumstances of crimes, discretionary decisions by prosecutors, characteristics of offenders, and choices among permissible sanctions and purposes of sentencing; and (2) whether, in the wake of guidelines, even “advisory” guidelines, and mandatory penalties, fact-finding judges may continue to individualize sentences and if so, how. The course will explore different kinds of sentencing regimes—state guideline systems, international models on which sentencing standards have evolved from common law decision making or judge-imposed guidelines (Australia, Israel, England), the American Law Institute’s revision of the Model Penal Code’s sentencing provisions, and the federal sentencing guidelines. The course will also explore the relationship between sentencing guidelines and the criminal code; the interplay among principles of proportionality, severity, and parsimony; and the impact of race, class, and gender on case outcomes. Paper required. Enrollment limited. D.E. Curtis, S.H. Stein, and S.F. Russell

Shaping Legal Opinions: Journalism about Clashes in Law (21747) 2 units. This seminar will be a writing, reading, and discussion course about how to write effective opinion pieces on legal affairs for general readers. Students will be assigned to write four short forms of opinion journalism, or forms useful in it, ranging in length from 400 words to 1,500 words, and to revise two of them, for six required writing assignments. (There will be an optional additional revision.) The instructor will comment on and edit each piece. Students will also be assigned weekly reading as a basis for classroom discussion and preparation for writing. The weekly reading assignments will be between 150 and 250 pages, generally from trade books and journalism. The course will meet weekly for one two-hour session. It will call for work on a seven-day schedule, with a regular schedule for proposals for upcoming pieces and assignments so the instructor can respond by the time the class meets. Permission of the instructor required. Enrollment limited to fifteen. L. Caplan

Specialized Legal Research in Corporate Law (21487-02) 1 unit, credit/fail. This course will include both lecture and discussion on methods and sources in corporate law, including securities law and criminal prosecutions of corporate fraud. Secondary sources will be emphasized, but basic finding skills will also be addressed: case-finding, statutes-finding, locating legislative histories, and locating administrative materials. Online, print, and other resources will be considered throughout. Three guest speakers are scheduled: one who will present non-law business databases, another who will provide an introduction to reading a financial report, and a third guest (an Assistant U.S. Attorney and YLS alumnus) who will address the use of secondary sources in legal research generally, and with special attention to securities law and corporate fraud. This course will meet weekly for seven weeks in the first half of the term. The skills requirement (†) may be satisfied by taking this course with another 1-unit legal research course. S.B. Kauffman and M. Chisholm

Specialized Legal Research in Foreign and International Law (21487-01) 1 unit, credit/fail. Explores methods for finding the major sources of international law, including treaties and customary law; the United Nations and other intergovernmental organizations; and laws from nations other than the United States. Particular attention is paid to practical research issues and solutions using both print and electronic resources. Research interests of the class and other specialized topics may also be explored. The skills requirement (†) may be satisfied by taking this course with another 1-unit legal research course. This course will meet weekly for seven weeks in the first half of the term. Minimum enrollment of five required. S.B. Kauffman, R. Harrington, E. Ma, T. Miguel-Stearns, and D. Wade

Sports Law: Seminar (21380) 2 units. An examination of the organization of sporting events as a business law problem; antitrust problems regarding relationships between athletes and such organizations; labor law problems involving the same; the unique aspects of collective bargaining involving professional athletes—e.g., subject matters of bargaining, asymmetry in the timing of economic pressure; antitrust problems involving the location of sports teams within a league; property rights in sporting events; property rights in logos, etc.; and antitrust problems with respect to competing sports leagues. Scheduled examination. R.K. Winter

[The] Suburbs: Seminar (21749) 2 or 3 units. Two-thirds of the residents of large U.S. metropolitan areas live in an oft-ridiculed location—a suburb. Contrary to the stereotypes of the 1950s, many of these communities are racially diverse. In 2010, 44 percent of suburban residents lived in places that were between 20 and 60 percent nonwhite. The early sessions of the seminar will be devoted to discussion of assigned readings on the history, politics, and economics of suburbs (including the Tiebout Hypothesis of specialization), and on legal issues associated with suburban settings, such as exclusionary zoning, and school and housing segregation. The later sessions will be devoted to student presentations of ongoing research. The default paper topic is analysis of the housing and land use policies of a particular suburb located in either greater New Haven or Westchester County, New York. (Most suburbs now have Web sites, which greatly facilitate research.) Although the coordination of paper topics promises to generate synergies in learning, a student is free to write on another pertinent topic. Paper required. A third-year student will not be eligible to seek Supervised Analytic Writing credit. Enrollment limited to twelve. R.C. Ellickson

*†Supreme Court Advocacy (21262) 6 units (3 fall, 3 spring). This course is a continuation of the fall clinic and is open only to those who have completed the clinic’s fall term. Permission of the instructors required. Enrollment limited to twelve. J.M. Balkin, L. Greenhouse, N. Messing, J.A. Meyer, A.J. Pincus, and C.A. Rothfeld

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

U.S. International Taxation (21100) 3 units. This course will cover the basic principles of U.S. international income taxation. The class will examine how the United States taxes both so-called (1) inbound transactions (income earned by foreign persons from investing and doing business in the United States), and (2) outbound transactions (income earned by U.S. persons from business activities and investments outside the United States). The principal focus of the course will be on how the United States taxes income earned by U.S. corporations from doing business outside the United States. Topics will include the foreign tax credit; the controlled foreign corporation rules; transfer pricing; and income tax treaties. The class will also consider international tax planning strategies currently used by U.S. multinational corporations and explore recently proposed changes to U.S. international tax law and policy. Prerequisite: Federal Income Taxation. Self-scheduled examination. J.M. Samuels

U.S. Law and Legal Scholarship: Graduate Seminar (50110) 2 units, credit/fail (1 fall, 1 spring). A general introduction to the U.S. legal system designed for LL.M. students. Topics to be discussed include U.S. constitutional development and recent scholarship in major areas of U.S. law, including property, criminal law, torts, and administrative law. This course will meet weekly for two terms and is strongly recommended for all LL.M. students. S. Rose-Ackerman and G. Silverstein

*†Veterans Legal Services Clinic (21630) and Fieldwork (21681) 2 units, graded or credit/fail at student option, for each part (4 units total). The clinic and fieldwork must be taken simultaneously. There are approximately 250,000 veterans currently residing in Connecticut, many with acute and unique legal needs related to their military service or return to civilian life. In this clinic, students represent Connecticut veterans in a range of individual litigation and institutional advocacy matters. Pending individual matters include (1) benefits applications for veterans who have suffered PTSD, sexual assault, Agent Orange-related cancer, and other injuries, in the first instance, on administrative appeal, and on judicial review of administrative denials; and (2) discharge upgrade applications, on administrative appeal and in U.S. District Court. Students also represent local and national veterans organizations in Freedom of Information Act litigation in U.S. District Court; civil rights litigation arising from sexual assault, other-than-honorable discharges of service members suffering undiagnosed PTSD, and denial of spousal benefits to veterans married to a partner of the same sex; and federal and state regulatory and legislative advocacy concerning veterans’ employment issues, and treatment of service members with PTSD and those who have experienced military sexual assault and rape. The seminar portion is a practice-oriented examination of advocacy on behalf of veterans and of social justice lawyering generally. Permission of the instructors required. Enrollment limited. M.J. Wishnie, and M.M. Middleton

*†Worker and Immigrant Rights Advocacy Clinic (21324) and Fieldwork (21540) 2 units, graded or credit/fail at student option, for each part (4 units total). Students will represent immigrants and low-wage workers in Connecticut in labor, immigration, trafficking, and other civil rights areas, through litigation for individuals and non-litigation advocacy for community-based organizations. In litigation matters, students will handle cases at all stages of legal proceedings in Immigration Court, Board of Immigration Appeals, U.S. District Court, the Second Circuit, and state courts. The non-litigation work will include representation of grassroots, labor, and faith organizations in regulatory and legislative reform efforts, media advocacy, strategic planning, and other matters. The seminar portion is a practice-oriented examination of advocacy on behalf of workers and non-citizens and of social justice lawyering generally. The course will be a two-term offering (4 credits each term). The clinical course and fieldwork must be taken simultaneously in both terms. Permission of the instructors required. Enrollment limited. M.I. Ahmad, N. Hallett, and M.J. Wishnie

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.P. Horsley, S.L. Han, and R.D. Williams

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