Yale University.Calendar.Directories.

Course Offerings

Fall Term

First-Term Courses

Constitutional Law I (10001) 4 units. A.R. Amar (Section A), R. Siegel (Section B), J.M. Balkin (Group 1), P. Gewirtz (Group 2), C. Rodríguez (Group 3), J. Rubenfeld (Group 4), K. Stith (Group 5)

Contracts I (11001) 4 units. A. Chua (Section A), A. Schwartz (Section B), L. Brilmayer (Group 1), S.L. Carter (Group 2), H.B. Hansmann (Group 3), Y. Listokin (Group 4), D. Markovits (Group 5)

Procedure I (12001) 4 units. A.R. Gluck (Section A), H.H. Koh (Section B), M.H. Lemos (Section C)

Torts I (13001) 4 units. G. Calabresi (Section A), D. Kysar (Section B), D.S. Grewal (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. 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 six-page analytic essays, due over the course of the term, on the course concepts and materials. Students interested in completing their Substantial Paper or Supervised Analytic Writing on an administrative law topic may seek permission to sign up for additional writing credit, as neither Substantial Paper nor Supervised Analytic Writing projects can be substituted for the five required essays for the course. C. Jolls

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 instructors required. C.L. Lucht and I. Swanson

Advanced Community and Economic Development Clinic (20435) 1 to 4 units, credit/fail, with a graded option. Open only to students who have completed the Community and Economic Development Clinic. Permission of the instructors required. A.S. Lemar, C.F. Muckenfuss III, and M. Viswanathan

Advanced Criminal Justice Clinic (20603) 1 to 3 units, credit/fail or graded, at student option. A fieldwork-only option. Prerequisite: Criminal Justice Clinic. Permission of the instructors required. F.M. Doherty, S.O. Bruce III, and T. Ullmann

†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. D.N. Rosen, M.K. Bannigan, H.V. Cantwell, A.A. Knopp, and H. Smith

Advanced Educational Opportunity and Juvenile Justice Clinic (20651) 1 to 3 units, graded or credit/fail. Open only to students who were enrolled in the Educational Opportunity and Juvenile Justice Clinic. This clinic is open only to J.D. students. Permission of the instructors required. J. Forman, Jr., M.S. Gohara, and E.R. Shaffer

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 1 to 3 units by contributing further to the work of the Bureau. †Students may satisfy the professional skills requirement through this course only if they receive 2 or more units. Permission of the instructor required. Enrollment limited to ten to twelve. L.J. Fox

Advanced Immigration Legal Services (20382) 1 to 3 units, credit/fail. Open only to students who have taken Immigration Legal Services. Permission of the instructor required. Enrollment limited to ten. C.L. Lucht

Advanced Iraqi Refugee Assistance Project (20574) 2 or 3 units, credit/fail. A fieldwork-only option. Prerequisite: Iraqi Refugee Assistance Project. Permission of the instructor required. R.M. Heller

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 instructors required. J.J. Silk, S. Kwon, and 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 J. Dawson

†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. L. Greenhouse, N. Messing, A.J. Pincus, C.A. Rothfeld, and J.M. Balkin

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

Advanced Veterans Legal Services Clinic (20595) 1 to 4 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, M.M. Middleton, and B.Y. Li

Advanced Worker and Immigrant Rights Advocacy Clinic (20488) 1 to 4 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, A.N. Hallett, and M.J. Wishnie

American Indian Tribal Law (20655) 2 units. The course will study the internal law and legal institutions of American Indian tribes, including tribal constitutions, statutes and ordinances, customary law, and tribal common law. Among the issues to be examined are intertribal common law, the interaction between tribal and non-tribal sources of law, judicial independence, political questions, citizenship, civil rights and liberties, and family law. The course will consider whether there should be an American Indian Supreme Court, and if so, how it should be designed and what legal, political, and other obstacles it might face. Paper required. E.R. Fidell

*The American Legal Profession (20439) 2 or 3 units. This course will meet three hours per week for the first nine weeks of the term, September 3 through October 29. A credit/fail option is available to students who so elect during the first two weeks of the term. This course will deal with selected aspects of the history, organization, economics, ethics, and possible futures of the legal profession in the United States. Likely topics will include, in addition to the ABA’s Model Rules of Professional Conduct and other rules regulating lawyers: demographic changes in the profession; the evolution of law firms, bar associations, and law schools from the early twentieth century to the present; the development of corporate law, personal injury, mass torts, prosecutorial and criminal defense practices, and the “public-interest” bar; the dominant professional ethic of adversary-advocacy, and its critics; the regulation of lawyers; the economics of the market for legal services; the organization and culture of law firm practice; the role of the lawyer as counselor; and the export of American lawyering models abroad. Self-scheduled examination, with option of a paper for extra graded credit. R.W. Gordon

Antitrust (20629) 4 units. This course will survey antitrust law, economics, and enforcement mechanisms. The course will cover price fixing and other collaborative endeavors among competitors, mergers and acquisitions, monopolization and dominant firm conduct, and distribution arrangements. While the class will examine the seminal historical cases, much of what will be covered will be contemporary applications, including the eBooks price-fixing litigation, the Anheuser-Busch/Grupo Modelo beer merger, the Silicon Valley high-tech employee “no-poach” class action, and the Google monopolization investigation. In each case, we will examine what the companies (allegedly) did, why they did it, and whether the law does and should prohibit the companies’ conduct. There is no economics prerequisite for this course, but some interest in how companies operate will make the course more satisfying. Self-scheduled open-book examination. W.D. Collins

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. 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. Paper required. Permission of the instructor required; students interested in enrolling in this course should submit topic statements to the instructor. 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. Students will be required to submit a two-page reflection paper. Permission of the instructor required. Enrollment limited to sixteen. B.R. Schaller

The Art of Argument (20623) 2 units, credit/fail. The strong written argument is an essential aspect of effective legal advocacy. Lawyers must know how to convincingly present and marshal evidence for a client’s position, in writing that is as clear and sharp as possible. Increasingly, lawyers also make use of the media to advocate for clients and causes. To build these skills, this class is designed to teach students how to write for a broad audience—via the op-ed page of a newspaper, a magazine, a general-interest Web site or blog, or in a book review to be published in a mainstream media outlet. The class will also discuss the ethics for lawyers of working as sources with the press, the responsibilities of lawyers to their clients in this context, and the responsibilities of journalists to their subjects and to the public. Students will learn how to use the media to educate the public and advocate for issues that are of professional interest. Multiple short writing assignments. Enrollment limited to fifteen. E. Bazelon and L. Caplan

Behavioral and Institutional Economics (20083) 3 units. Behavioral economics incorporates insights from other social sciences, such as psychology and sociology, into economic models, and attempts to explain anomalies that defy standard economic analysis. Institutional economics is the study of the evolution of economic organizations, laws, contracts, and customs as part of a historical and continuing process of economic development. Behavioral economics and institutional economics are naturally treated together, since so much of the logic and design of economic institutions has to do with complexities of human behavior. Topics include economic fluctuations and speculation, herd behavior, attitudes toward risk, money illusion, involuntary unemployment, saving, investment, poverty, identity, religion, trust, risk management, social welfare institutions, private risk management institutions, and institutions to foster economic development. This course will meet according to the Graduate School calendar. Midterm examination and take-home final examination of short essay form. Also ECON 527a/MGT 565a. R.J. Shiller

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

Capital Markets (20067) 3 units. Capital Markets is a course covering a range of topics, including the design, pricing, and trading of corporate bonds, structured notes, hybrid securities, credit derivatives, and structured products, such as asset-backed securities and collateralized debt obligations. This course aims to provide a set of tools, concepts, and ideas that will serve students over the course of a career. Basic tools such as fixed income mathematics, swaps, and options are studied and used to address security design, trading, and pricing questions. Topics are approached from different angles: conceptual and technical theory, cases, documents (e.g., bond prospectuses, consent solicitations), and current events. Students should have taken introductory finance and have some knowledge of basic statistics (e.g., regression analysis, conditional probability), basic mathematics (e.g., algebra, matrix algebra); working knowledge of a spreadsheet package is helpful. Two examinations, six cases, and fourteen homework problems. Also MGT 947a. G.B. Gorton

†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, the Equal Justice Initiative in Montgomery, Alabama, or the Capital Habeas Unit of the Federal Community Defender Office of Philadelphia, 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 clients or witnesses, 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 the 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. Open only to students who have taken Capital Punishment: Race, Poverty, and Disadvantage, or intend to take it in spring 2015. Permission of the instructors required. Enrollment limited to six. S.B. Bright, A.M. Parrent, and S.M. Sanneh

Civil Appellate Practice and Procedure (20619) 3 units. First-year civil procedure courses often provide students with only a brief introduction to civil appellate practice and procedure. This course is designed to build on, and expand upon, that introduction, offering an in-depth consideration of the following subjects, among others: the historical background and non-inevitability of appeals; the constitutional and statutory bases of appellate jurisdiction; the law-making and error-correcting functions of appellate courts; and the respective roles that judges and litigants play in the appellate process. Open only to J.D. students. Paper required. D.S. Days III

†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. E.K. Acee and F.S. Gold

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 required. A.R. Amar and S.G. Calabresi

Conflict of Laws (20241) 3 units. Choice of law, personal jurisdiction, and judgments enforcement in the American federal system. This course has some overlap with civil procedure—students will mostly already have at least a basic familiarity with the law of judgments, personal jurisdiction, and the Erie Railroad doctrine. But the heart of the course is common law, statutory law, and constitutional law relating to extraterritorial application of state and federal substantive rules, in both the interstate and the international context. Students may arrange to write a paper, including papers for Supervised Analytic Writing or Substantial Paper credit. Self-scheduled examination or paper option. L. Brilmayer and J. Butler

Consent (20663) 2 units. This seminar will discuss philosophical issues concerning the nature and normative significance of consent, and its bearing on various aspects of the law, emphasizing criminal law. The class will read and discuss primarily recent work by philosophers of law, but will also discuss cases and statutes of relevance to the issues. Paper required. Enrollment limited to fifteen. G. Yaffe and S.J. Shapiro

Conservative Critiques of the Administrative State (20553) 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

Constitutional Interpretation (20442) 2 units. An advanced constitutional law course, open only to students who have already taken an introductory course in American Constitutional Law at Yale or elsewhere. This course will revolve around the text of the United States Constitution and four books authored by the instructors: P. Bobbitt, Constitutional Fate (1982); A.R. Amar, America’s Constitution: A Biography (2005); P. Bobbitt, Constitutional Interpretation (1991); and A.R. Amar, America’s Unwritten Constitution (2012). Self-scheduled examination or paper option. A.R. Amar and P.C. Bobbitt

The Constitutional Law of Civil Jury Trial (20341) 3 units. The Seventh Amendment undertakes to “preserve” civil jury trial in “common law” cases. This seminar will explore the history and the modern workings of the Seventh Amendment and comparable state provisions. Among the topics to be considered will be the case law and scholarly literature concerning (1) the origins and the drafting of the Amendment; (2) the types of cases that qualify as “common law” within the meaning of the Amendment; (3) the application of the Amendment to novel causes of action; (4) whether there was or should be an exception for cases of unusual complexity; and (5) the challenges of reconciling various techniques of jury control (including directed verdict, judgment notwithstanding verdict, and summary judgment) with the constitutional text. Paper required. Enrollment limited to twelve. J.H. Langbein

†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. J.M. Walker, Jr., and J.A. Meyer

Contracting for Innovation under High Uncertainty (20407) 2 units. Firms co-developing new pharmaceuticals or next-generation fuel injection systems or smart phones typically cannot anticipate their respective contributions to the eventual product with anything like the precision needed to form fully specified contracts. Faced with such uncertainty, the parties increasingly respond by creating a rich and regular information exchange regime—contracts for innovation—that allows each to ascertain the capacity and intention of the other to meet the emerging demands of cooperation, while maintaining the right to withdraw from the joint effort if collaboration fails. Where the paradigmatic twentieth-century contract focused on the allocation of risk between the parties, contracts for innovation govern their joint response to uncertainty. The seminar examines the design and operation of this novel form of private governance in detail. More generally it explores their role as a link among nodes in the vertically disintegrated “new” economy and shows how, in the relations it governs, trust is an outcome, not a precondition of collaboration. Paper required. Enrollment limited to twelve. C.F. Sabel

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. Students may be asked to present a topic to the class during the term and will be expected to attend and to ask a question or make a comment during every class meeting. Attendance and participation are therefore required. Students who have selected writing topics and have had those topics approved by the instructor on or before 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. If completed one month or more prior to the writer’s graduation date, papers may qualify for Supervised Analytic Writing or Substantial Paper credit, depending on arrangements made. Scheduled examination or paper option. S.B. Duke

†Corporate Crisis Management (20384) 2 units, credit/fail. As a result of unplanned for (or badly planned for) negative events, companies increasingly find themselves as targets of aggressive legal action, media coverage, and regulatory pressure. This is particularly the case for large or name-brand companies. Recent examples include the GM and Toyota recalls, the Carnival Triumph cruise, Target’s data breach, and JPMorgan’s London Whale. The scale can range from an existential threat, such as BP’s oil spill, to a more minor reputational crisis, such as Lululemon’s recall. One of the key challenges presented by these developments is that they do not arise from the usual interactions that characterize “normal” business. Instead, companies must organize and act across traditional hierarchies and areas of expertise and many times face antagonistic, unexpected tactics designed for maximal visibility and shock effect, potentially to force industry-wide change. In advising clients in these situations, lawyers must coordinate business concerns, legal issues, stakeholder concerns, and regulatory matters, as well as plan for both expected and unexpected outcomes. This class is based on experiential learning: a rich set of case studies and crisis simulation exercises balances the theoretical and legal frameworks and will help participants to improve their strategic thinking as well as team management and communication skills in high-stress situations. Permission of the instructors required. Enrollment limited to sixteen. H.L. Coleman, M. Trevino, and M.M. Wiseman

Corporate Finance (20507) 3 units. This course will focus on financial management from the perspective of inside the corporation or operating entity. It will build upon the concepts from the core finance courses, using lectures to develop the theory, and cases and problem sets to provide applications. Topics covered include capital budgeting and valuation; optimal capital structure; initial public offerings; mergers; and corporate restructuring. This course will follow the School of Management calendar. Also MGT 541a. H.E. Tookes

*†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 will represent defendants in criminal cases in the Geographical Area #23 courthouse (the “GA”) on Elm Street in New Haven. Students will handle all aspects of their clients’ cases under the direct supervision of clinical faculty. Students will 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 will also explore the legal framework governing the representation of clients in criminal cases, including the rules of professional responsibility. Throughout, students will be 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. to 1 p.m.) free from other obligations. Students must also return to the Law School in time to participate in an August 28 and 29, 2014, orientation program, intended to prepare them for criminal practice. Enrollment limited. F.M. Doherty, S.O. Bruce III, and T. Ullmann

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 our primary, although not exclusive, statutory text, as it does in many jurisdictions. This course is given in several sections; it must be taken before graduation. Students may satisfy the graduation requirement by satisfactorily completing Criminal Law and Administration or Criminal Law, but they may not enroll in both courses. Self-scheduled examination. G. Yaffe

Criminal Procedure: Adjudication (20270) 3 units. This course will cover pretrial proceedings, including arraignments, appointment of counsel, motions, discovery, plea-bargaining, right to trial by jury, jury selection, effective assistance of counsel, joinder and severance, right of confrontation, prosecutorial discretion, some trial proceedings, sentencing, and double jeopardy. Class participation is expected and may be taken into account in grading. Criminal Procedure: Investigation is not a prerequisite. Scheduled examination. S.B. Duke

Democracy, Diversity, and Beauty (20192) 3 units. Is diversity a political or aesthetic value? If both, what is the relation between them? What, more generally, is the relation between the value of diversity, which celebrates the differences among individuals, and the principles of democratic government, which emphasize their equality? And what place is or ought there to be in democratic societies for the public support and celebration of beauty? Readings from Tocqueville, Emerson, Thoreau, Whitman, Santayana, Dewey, and contemporary writers. Paper required. Enrollment limited to fifteen. A.T. Kronman

*†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, D.N. Rosen, H. Smith, A.A. Knopp, and M.K. Bannigan

*†Educational Opportunity and Juvenile Justice Clinic (20311) 4 units, credit/fail. In the Educational Opportunity and Juvenile Justice Clinic (EOJJC), students represent children in expulsion hearings and in general educational advocacy in the New Haven School District. The initial focus is representation in the expulsion hearing, an administrative hearing before a hearing officer appointed by the school board. Students cross-examine the school’s witnesses, present evidence, call defense witnesses, and make closing arguments. After the hearing, if a client has been expelled, students put a plan in place to support the client during expulsion. Students focus on providing additional educational opportunities through tutoring, mentoring, community activities, and other creative solutions to ensure that clients continue to progress even while expelled. Providing these services also serves as mitigation in delinquency proceedings. Students continue to advocate for their clients for the entire period of expulsion. In some cases, students also advocate for the special educational needs of their clients. This advocacy involves attending meetings with the school, encouraging parents to request special education evaluations, and ensuring that clients are receiving the services required by their Individualized Education Programs. For the first half of the term, class time is devoted to effective client-centered lawyering when representing adolescents, including training on investigation, developing a theory of the case, and trial skills. Additional class sessions address topics such as: (1) race and the juvenile justice system and (2) the connection between individual representation and systemic reform. Open only to J.D. students. Permission of the instructors required. J. Forman, Jr., M.S. Gohara, and E.R. Shaffer

Election Law 2014 (20657) 3 units. This course will offer a survey of the law governing the U.S. political process. It will examine the principles that shape our political institutions and the relationship between democratic procedures and contemporary politics. Topics will include the Voting Rights Act, political and racial gerrymandering, the regulation of political parties, and campaign finance. Scheduled examination. Enrollment limited to seventy. H.K. Gerken

*†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 ten to twelve hours per week in interdisciplinary groups (with students from the School of Forestry & Environmental Studies and other departments or schools at Yale) on projects with a specific legal or policy product (e.g., draft legislation or regulations, hearing testimony, analytic studies, policy proposals) to be produced by the end of the term. Students may propose projects and client organizations, subject to approval by the instructor. Enrollment limited to thirty. Also F&ES 970a. J.U. Galperin, A. Clements, and L. Suatoni

Equality, Citizenship, and Sovereignty, Transnationally (20558) 3 units. The class will explore, through a comparative lens and in a transnational field, how constitutional democracies and federations respond to rights claims by citizens, residents, and others within their borders. How does the aspiration to treat “all persons” as rights-holders conflict with practices that differentiate between members and others? What distinctions are consistent with dignity and equality? Through the course, the class will compare how different jurisdictions respond to these questions and will trace the influence of transnational law across borders. Readings will include constitutional provisions, statutes, cases from various countries, and essays and articles from the fields of law, history, and political theory. Self-scheduled open book examination; upon early consultation with instructors, a few students may do papers with permission and the possibility of an extra credit. No credit/fail option. J. Resnik and R. Siegel

*†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. 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

*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. The class 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 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

European Union Law (20456) 3 units. The course will offer an analysis of the development and contemporary framework of the law of the European Union. It will trace the evolution of the European Union from a “common market” and Customs Union of six member states under the 1957 Treaty of Rome to its present standing as a wide-ranging supranational polity of twenty-eight member states with broad jurisdiction over social policy, defense, and internal security, as well as its core economic law. The course will examine the institutional architecture of the European Union alongside its substantive law and policy. It will focus on some of the leading cases of the Court of Justice and will examine the recurring “constitutional” debates and conflicts involving the Court of Justice and other institutions of the EU on the one hand and the supreme courts and other institutions of the member states on the other. The course will conclude by considering the future prospects of the world’s most developed supranational experiment in an era of fiscal uncertainty and changing security concerns. Self-scheduled examination. N. Walker

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

Experimentalism in Theory and Practice (20418) 2 units. Since the 1970s, the efforts of the activist state to provide services and establish regulations underpinning inclusive growth, social welfare, and environmental improvement have been severely hampered by the familiar shortcomings of the public bureaucracies charged with achieving these goals. The premise of this class is that, in response, a form of postbureaucratic service provision and regulation is emerging, piecemeal and in the shadow of established institutions, in the United States, the European Union, and some transnational regimes. These postbureaucratic regimes authorize “local” units—the frontline workers providing services or the district of regional authorities supervising them; the private actors under regulatory oversight—to exercise discretion in pursuing policy goals in particular contexts, provided that the local units report their results according to jointly agreed metrics and participate in peer reviews. This forward-looking or dynamic accountability encourages local experimentation while allowing for rapid correction of failure and the generalization of success. Governance of this kind is experimentalist in the sense of pragmatists like John Dewey because it systematically provokes doubt about its own assumptions and practices; it treats all solutions as incomplete and corrigible; and it produces an ongoing, reciprocal readjustment of ends and means through comparison of different approaches to advancing shared, general aims. The first term of this class will explore the theoretical foundations for these claims and illustrate their application through case studies of child welfare, problem-oriented policing and food safety in the United States, regulation of hazardous chemicals and GMOs in the European Union, and the Montreal Protocol for elimination of ozone-depleting substances. The concluding sessions evaluate the claim that experimentalist institutions can be a key component in the renewal of the welfare state and representative democracy. See second-term course description for further information. This course can be taken in both fall and spring terms, or taken only in the fall term. Paper required. Enrollment limited to fifteen. C.F. Sabel

Family Law (20018) 3 units. This course will address the regulation of intimate relationships between adults (marriage and divorce, civil unions, prenuptial contracts, reproductive technologies, etc.), between parents and children (child custody, adoption, termination of parental rights, etc.), and the involvement of the state in intimate, sexual, and reproductive life generally (constitutional privacy and equal protection). The interplay among the State, family, and market, and the formation of personal identity in and through these arenas, will be explored throughout the course. Issues of socioeconomic class, gender, race, and sexuality will arise in many of the areas to be studied. Scheduled examination. V. Schultz

Federal and State Courts in a Federal System (20366) 4 units. The “Federal Courts” play a central role in political debates. The class will focus on the development of the identity, doctrine, and jurisprudence of the federal courts in relation to state courts and to the other branches of the federal government. To do so, the class will consider the degree to which the U.S. Constitution allocates authority among the branches of the federal government and among state, federal, and tribal courts. 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 addition to considering the political and historical contexts of doctrinal developments, the class will examine the institutional structures that have evolved in the federal courts, theories of federalism, current questions about the size and shape of the federal courts, the different methods for judicial selection and kinds of state and federal judges, as well as the effects of social and demographic categories on the processes of federal and state adjudication. On occasion, the class will 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 consider the impact of the tax law on the distribution of income and opportunity and on economic behavior. 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 capped at seventy. A.L. Alstott

Globalization and Legal Theory (20658) 2 units. This course will investigate the contribution of legal theory to our understanding of the new legal forms and consequences associated with the globalization of economic, informational, cultural, and political forms. In an age when ever more legal processes and transactions cross national borders, and when global and regional legal institutions (United Nations, World Trade Organization, etc.) and doctrines (human rights, global constitutionalism, global administrative law, etc.) proliferate, there is a need to look critically at the basic instruments for comprehending the world of law, the adequacy of existing tools of analysis of legal order—often developed to examine legal relations within the modern state—and to examine the potential of new explanatory devices. In particular, an examination of the relevance to transnational and global legal forms of approaches based upon or derived from legal positivism, natural law, various process-based theories, or critical legal perspectives, supplies a broad platform of inquiry. Paper required. N. Walker

History and Theory of Human Rights (20559) 2 units. There is a great deal of controversy about the nature and origins of human rights. The class will seek to gain an understanding of when and why human rights emerged, how their understanding changed over time, both in terms of substance and in terms of their adequate legal institutionalization. The first part of the course will discuss some leading contemporary historical and normatively focused works on human rights. Seminar participants should be prepared to do a considerable amount of reading for the first part of the course. In the second part of the course, the focus will be on the discussion of student papers and their chosen topics. Paper required. Enrollment capped at twenty. M. Kumm

History of Political Economy (20654) 2 units. This course will consider the history of political economy as a history of economic and political discourses from the seventeenth to the twentieth century. Given this long span, it will obviously be highly selective in treating discursive and theoretical issues of major importance. The focus will be on three major themes: first, the transformation of the ancient theoretical vocabulary of polis and oikos into the modern vocabulary of civil society (or economy) and state; second, the emergence of the concept of the self-equilibrating economy in the eighteenth century, and subsequent controversies over its normative underpinnings; third, the rise and fall of classical political economy and its relation to its successor schools, nineteenth-century marginalism, and twentieth-century welfare economics. Readings will consist mainly of original works by central figures in this historical tradition. Permission of the instructor required. Class participation is required. Paper required. Also PLSC 593a. D.S. Grewal

Human Rights: History and the Present (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? How did social movements play a role in their emergence and dissemination? This course will examine the legal means by which some human rights have been successfully guaranteed while questioning the degree to which they are guaranteed (are they absolute or conditional rights?) as well as their geographical scope (universal, regional, national). The class will explore different fields within which the subject of “human rights” has developed since the Enlightenment era (including the abolition of slavery, women’s rights, citizenship and refugees, the reduction of racial and ethnic persecution and discrimination, as well as economic, social, and environmental rights). Drawing on these explorations, the course will examine the values, interests, political events, and social interactions that permitted human rights to progress and, occasionally, to regress in the West and elsewhere throughout the world. Self-scheduled examination or paper option. P. Weil

Human Rights Workshop: Current Issues and Events (20134) 2 units. The Human Rights Workshop provides an opportunity to discuss scholarship, practice, and policy bearing on issues broadly related to human rights. Conducted in workshop format, the course will feature recent writings in the field, presentations by scholars and practitioners, and pertinent current events. The topic of the workshop this term will be the theory and practice of social and economic rights. Our concerns will be interdisciplinary as we look to the history and implementation of these rights, as well as their relationship with globalization and development. The workshop will meet weekly, with guest speakers every other week. In off weeks, students will read and discuss texts written by the speakers or relevant to their presentations. Requirements include active participation in the seminar and a research paper on a topic to be approved by the instructors. Students may earn an additional credit if they wish to produce a major research paper. Paper required. P.W. Kahn and J.J. Silk

Intellectual Production without Intellectual Property (20255) 2 units. A great deal of intellectual production occurs beyond the reach of intellectual property law. The field of IP has begun to recognize this, and a new “IP without IP” literature has begun to emerge. This seminar will explore the theoretical foundations for this literature, as well as introduce students to important new work describing the practices and norms of discrete creative communities. Initial readings will orient students to the “law and norms” literature and also to the basics of innovation theory. The class will then explore recent case studies, for example, that describe how magicians, comedians, and French chefs support creativity without IP. The class will also explore recent writings on Wikipedia, open source software, open science, and other “commons-based” modalities of production. Readings and discussions will explore the implications of this literature for an understanding of IP law and innovation policy and will seek to develop a more general account of where one should expect to see IP without IP, as well as its implications, both for efficiency and for other values, such as democracy or distributive justice. Students will write a seminar paper in lieu of an exam. For example, students may want to either address important theoretical concerns in this emerging field or undertake their own case studies of creative communities that operate without—or in the shadow of—IP law. The paper will be due at the end of exam period, with the possibility of developing it further as a Substantial Paper or Supervised Analytic Writing paper. The course should be useful for anyone interested in theories of IP and innovation (or in fields that develop competing accounts of creative practice, such as science studies, performance studies, etc.). Paper required. Enrollment limited to fifteen. A. Kapczynski

Intellectual Property: An Introduction (20402) 4 units. An introduction to the law of trade secret, 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 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 or paper option. Enrollment limited to twenty. M.R. Damaška

International Investment Law (20396) 2 units. As foreign direct investment has increased as a function of globalization, so have disputes about it. 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 or paper option. Enrollment capped at twenty-five. W.M. Reisman and G. Aguilar-Alvarez

International Law (20112) 3 units. This course will provide a theoretically informed basic introduction to some core themes and doctrinal areas in international law as it has developed after World War II. Topics will include how international law is generated (the sources of international law); the relationship between national and international law; state responsibility; the use of force; and human rights. Scheduled examination. M. Kumm

International Trade Law in a Globalizing World (20238) 3 units. This course will explore the structure of laws, policies, and negotiating practices that undergird international trade. Particular emphasis will be placed on the governance structures that regulate the trading system, including multilateral institutions (the World Trade Organization as well as the IMF and other bodies) and domestic entities (the U.S. Trade Representative and the International Trade Commission). Focus will be given to worldwide efforts to open markets through the Global Agreement on Tariffs and Trade (GATT), as well as the Global Agreement on Trade in Services (GATS) and regional accords such as the North American Free Trade Agreement. Special attention will be paid to how the system of international economic law has addressed the integration of new issues, including environmental protection, poverty alleviation, human and labor rights, and public health, into the trade regime. Self-scheduled examination. Also F&ES 871a. D.C. Esty

Introduction to Legal Scholarship (20653) 3 units. This seminar will focus on legal scholarship, including some older classics as well as newer work that we consider cutting edge. Books, articles, and papers will cover a wide range of subject areas and methodologies in both public law and private law. For more recent “classics,” the authors will join the discussions. Permission of the instructors required. W.N. Eskridge, Jr., and T.L. Meares

Justice in Taxation (20232) 2 units. This seminar will consider how taxation, understood broadly, might advance alternative notions of justice, ranging from utilitarian to libertarian to egalitarian. Topics include progressive taxation, income and wealth taxation, the consumption tax, taxation of the family, retirement, and the working poor. Students will write a seminar paper. Students may, conditional on the instructor’s approval of the topic, write a paper that will fulfill the Substantial Paper or Supervised Analytic Writing requirement. Prerequisites: (1) Federal Income Taxation; and (2) Justice (taught by Bruce Ackerman at Yale Law School) or equivalent introductory course on theories of distributive justice; this prerequisite can be met by watching the lectures for the Harvard undergraduate course Justice (taught by Michael Sandel), available without charge on edX.org (www.edx.org). The class will meet once per week for roughly four weeks in the fall term and will then adjourn so that students can meet with the instructor individually to discuss their papers. The class will reconvene in the second half of the spring term for student paper presentations. The course will appear only on the student’s fall-term transcript record. Permission of the instructor required: interested students should submit a one- to two-page statement of interest, outlining one or more interests or possible paper topics. Paper required. Open only to J.D. students. Enrollment limited. A.L. Alstott

†Landlord/Tenant Legal Services (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 and Narrative in Jewish Law (20337) 2 units. It is a common feature of the diverse canonical sources of Jewish Law that law and narrative are interwoven. The class will examine the relationship and function of the narrative as both founding, exemplifying, and challenging the law within the Jewish tradition. The sources that will be analyzed will be biblical, Talmudic, and later texts such as Maimonides’ great code, in which narrative plays a complex and fascinating role in shaping and directing legal norms. The class will examine different cases of such juxtapositions and will analyze as well the implications of these texts within the broader discussion of legal theory. The texts will be studied in English alongside their original language, and no knowledge of Hebrew is required. Paper required. Enrollment limited. M. Halbertal

The Law and Regulation of Securities and Financial Markets (20288) 3 units. This course will consider the regulation of the process of raising capital from investors in public offerings and private placements of such securities that is governed primarily by the Securities Act of 1933 (Securities Act). The course will also consider the regulation of trading and trading venues that is governed primarily by the Securities Exchange Act of 1934 (Exchange Act). Particular attention will be paid to stock market manipulation and insider trading, as well as to issues of market structure. The course will consider the nature and purpose of the legal obligations, particularly the obligations to make disclosure of “material” information that are assumed by participants in the securities markets in various contexts. The system of integrated disclosure, the definition and role of “due diligence” by purchasers and sellers of securities, and various exemptions from the provisions of the rules also will be discussed. Emphasis will be given to the roles of the investors who buy securities, the companies that issue securities, and the underwriters (investment bankers), lawyers, and accountants involved in the process. The course will consider the role of the Securities and Exchange Commission in regulating the capital markets and the participants in such markets. The ways that securities laws and regulations, including various provisions of the Securities Act and the Exchange Act and the Sarbanes-Oxley Act of 2002, affect the corporate governance, strategic planning, and general business practices of U.S. companies also will be a topic of discussion. Self-scheduled examination or paper option. J.R. Macey

†Law in the United States: Economics, Politics, and the Corporation (20621) 2 units. This course will analyze legal regulation of the corporation to determine how law functions in the United States. Prerequisite: basic corporate law. Knowledge of securities law is desirable but not required. Self-scheduled examination. J.G. Deutsch

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 1 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 and R. Romano

Law, Violence, and Sacrifice (20661) 3 units. To the popular understanding it often appears as if the object of law is the prevention of violence. Liberal political theory gives expression to this idea when it imagines the legal order as a successor to a violent state of nature. Yet political and legal theorists have long been interested in the way in which law not only prohibits, but also relies upon and deploys violence. A legal system inevitably legitimates some forms of violence, while prohibiting others. This is immediately evident with respect to punishment, but it is broadly familiar in practices of policing. The courtroom, too, has been described as a site of violence, not just because of the punishment that follows judgment, but because of law’s role in shaping social practices. A legal decision inevitably eliminates some voices in a competition among interpretations—that, too, is a form of violence. Law also has a necessary relationship to sacrificial violence. While liberal thought tends to imagine a social contract as the origin of law, an alternative view places law’s origin in sacrifice. Whatever one might make of these claims of origins, one is deeply familiar with the idea that the force of law depends upon the willingness to sacrifice for the sake of the state whose law it is. Punishment, policing, judging, sacrifice, and defense are all sites of law’s violence. This course will take a broadly interdisciplinary approach to the question of law’s relationship to violence, reading texts in philosophy, theology, jurisprudence, and anthropology. Paper required. P.W. Kahn and M. Halbertal

†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 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 clients consistent with their ethical entitlements. Through the use of hypothetical problems grounded in the real world, the class will explore many of the challenging dilemmas that confront the conscientious lawyer who wants to conform his or her conduct to the applicable rules of professional conduct and other law governing lawyers. At the same time the 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. Class attendance and participation are essential. Scheduled examination. L.J. Fox

Legislation: Statutory Interpretation (20066) 2 units. This course will provide a short introduction to the theory and doctrine of statutory interpretation. (The course is normally offered for 3 units.) The course will begin with a case study of the Civil Rights Act of 1964 and will swiftly turn to theories and doctrines of statutory interpretation. Students will test the theories of statutory interpretation against theories of law and the legislative process. The course will analyze the doctrines associated with statutory interpretation in detail. Self-scheduled examination. Enrollment limited to seventy-five. W.N. Eskridge, Jr.

†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 our longtime clients (Connecticut Voices for Children) is a key player in 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, A.A. Knopp, and E. Scalettar

Legitimacy: Directed Research (20660) 1 to 3 units. Reading for research on the legitimacy of law and legal institutions. Permission of the instructor required. Paper required. T.R. Tyler

†Liman Public Interest Practicum (20632) 2 units, credit/fail. This course provides students with the opportunity to work on public interest law projects. Subjects have ranged from immigration and criminal justice to poverty law. This year the focus will continue to be on facets of incarceration; ongoing and new projects involve examining where men and women are located in the federal prison system so as to understand the relative opportunities for education, work, and other programs, and thinking more generally about the role of gender in incarceration; studying how prisons use and regulate long-term isolation, both in terms of policies and practices; and considering regional differences in how directors of state prison systems address and manage prisons. Prior projects have included analyzing rules in all fifty states on visiting prisoners and proposing revised policies; 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; 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, and, with permission of the instructors, students may elect to write a related Supervised Analytic Writing or Substantial Paper for additional graded credit. The projects sometimes continue for more than one term and have, on occasion, resulted in published articles. J. Resnik, J. Kalb, H.R. Metcalf, and M. Quattlebaum

*The Lives of Lawyers (20357) 2 or 3 units. This seminar will employ oral histories of Yale Law School graduates, conducted by the seminar’s participants, to explore the U.S. legal profession from the middle of the last century through the present day. The first half of the seminar will prepare students to conduct the oral histories. Several sessions will explore the institutional and economic structure of the legal profession and also its moral, political, and social purposes. A second group of sessions will explore oral history, both in theory and in practice. The practical materials will include instruction in hands-on interviewing, transcribing, and editing skills. The subjects for the oral histories will be YLS alumni, largely from a single class, recruited and chosen by the instructors. The oral histories that the class produces will be contributed to an archive being constructed and housed in the Yale Law Library. To earn 2 units, students will be required to conduct interviews and submit an edited interview transcript and a brief contextualizing introduction. Additional credit is available to those who wish to complete Substantial or Supervised Analytic Writing papers that incorporate the interview into an interpretive and analytic essay. D. Markovits and N.I. Silber

†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 2014 must complete his or her one-year commitment in the course to receive professional responsibility credit. Permission of the instructors required. H.K. Gerken and J. Dawson

*†Lowenstein International Human Rights Clinic (20188) 4 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 include an overview of basic international human rights standards and their application; instruction in human rights research and writing skills; and critical examination of approaches to human rights advocacy and enforcement. The clinic will have one or more student directors. Permission of the instructors required. Enrollment limited to eighteen. J.J. Silk, H.R. Metcalf, and S. Kwon

*†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 the clinic will work on all aspects of cases involving press freedom, open government, free speech, and related issues. Clients include investigative journalists, traditional and new media organizations, activists, advocacy organizations, researchers, and academics. Pending matters typically include litigation under the First Amendment and Freedom of Information laws in both federal and state courts. The clinic’s cases involve a diverse array of issues, focusing in particular on national security, surveillance, privacy, technology, and government accountability. Students may also have the opportunity to engage in non-litigation advocacy and client counseling. The seminar will focus on substantive law, case discussions, skills training, and ethical issues. Students will have the opportunity to write related research papers. Permission of the instructors required. Enrollment limited to sixteen. D.A. Schulz, J.M. Manes, and J.M. Balkin

†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

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 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 satisfy the professional skills requirement through this course only if they receive 2 or more units. Also MGT 695a. J.G. Simon, M. Agsten, L.N. Davis, and B.B. Lindsay

Philosophy of Law I (20308) 3 units. This course will examine a variety of historically influential responses to basic questions concerning the nature and legitimacy of law and the difference (if any) between law and morality. Readings will include works by legal positivists, natural lawyers, legal realists, and critical legal scholars. This course is the first half of a two-course sequence that continues with Philosophy of Law II. Self-scheduled examination or paper option. Also PHIL 703a. S.J. Shapiro

Political Dysfunction and Reform (20209) 2 units. Many Americans increasingly believe that their political system is seriously dysfunctional, due in part to increasing political polarization. This seminar will examine the causes of political dysfunction in the United States. It will consider the extent to which political dysfunction results from features of the Constitution or from other political structures. Finally, the course will consider possible reforms, including changes in the structure of politics, constitutional amendments, and a new constitutional convention. Paper required. Enrollment limited to fifteen. J.M. Balkin and S.V. Levinson

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 the class 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, 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 class 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. The class will do so on a comparative law basis, comparing it with U.S. jurisprudence, while trying to see whether constitutional rights are better protected by the U.S. method of categorization or by a proportionality analysis. The class will follow the development of proportionality in recent U.S. 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 instructors 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., K. Stith, and L. Brennan

Public Order of the World Community: A Contemporary International Law (20040) 4 units. This introduction to contemporary international law will study the role of authority in the decision-making processes of the world community, at the constitutive level where international law is made and applied and where the indispensable institutions for making decisions are established and maintained, as well as in the various sectors of the public order that is established. Consideration will be given to formal as well as operational prescriptions and practice with regard to the participants in this system (states, intergovernmental and nongovernmental organizations, political parties, pressure groups, multinational enterprises, other private associations, private armies and gangs, and individuals); the formal and informal arenas of interaction; the allocation of control over and regulation of the resources of the planet; the protection of people and the regulation of nationality; and the allocation among states of jurisdiction to make and apply law. In contrast to more traditional approaches, which try to ignore the role of power in this system, that role will be candidly acknowledged, and the problems and opportunities it presents will be explored. Special attention will be given to (1) theory; (2) the establishment, transformation, and termination of actors; (3) control of access to and regulation of resources, including environmental prescriptions; (4) nationality and human rights; and (5) the regulation of armed conflict. Scheduled examination or paper option. Enrollment capped at twenty-five. W.M. Reisman

Race and the Law: African Americans and Criminal Justice (20203) 3 units. Since the early 1970s, the criminal justice system in the United States has expanded dramatically. This country has adopted an array of increasingly tough approaches to crime, including aggressive street-level policing, longer sentences, and a range of collateral consequences for criminal convictions. As a result, there are currently 2.2 million persons in prisons and jails and seven million under some form of correctional supervision. The impact on African Americans has been especially profound: in many of our nation’s cities, nearly one-half of young black men are in the criminal justice system. This seminar will focus on the tough-on-crime era’s historical roots. The class will also examine the impact of these policies, especially on African American communities. The class will pay particular attention to the role of African Americans, not only as crime victims and defendants but also as actors—e.g., voters, intellectuals, policy makers, activists, prosecutors, probation and police officers—who make and influence criminal justice policy. The assigned reading will be substantial and will come from a wide variety of sources, including history, sociology, political science, criminology, and law. Examples of the sort of material being considered include: Khalil Muhammad, The Condemnation of Blackness; Douglas Blackmon, Slavery by Another Name; Nicholas Johnson, Negroes and the Gun; Marie Gottschalk, The Prison and the Gallows; Randall Kennedy, Race, Crime, and the Law; Angela Davis, Arbitrary Justice; Ellis Cose, The Darden Dilemma; Lisa Miller, The Perils of Federalism; David Garland, Peculiar Institution; Alice Goffman, On the Run; David Kennedy, Don’t Shoot; and articles by Ronald Weitzer, Paul Butler, and Michael Fortner. In lieu of an examination, students will write weekly reading response papers and a final paper. Substantial Paper credit is available. Supervised Analytic Writing credit is not available. Permission of the instructor required. Enrollment limited to twelve. Also AFAM 625a. J. Forman, Jr.

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. They deal 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. Self-scheduled examination. A. Sachs

Regulation of Energy Extraction (20297) 2 or 3 units. This course will explore the troubled intersection between energy and environmental policies. The class will consider a diverse range of regulatory approaches to minimize adverse environmental effects of various forms of energy development. These include emerging issues regarding hydraulic fracturing (“fracking”) in the United States and European Union; regulation of off-shore drilling and lessons from the Deepwater Horizon oil spill; liability for natural resources and other damages from oil spills under the Oil Pollution Act of 1990 (OPA90); the Fukushima, Three Mile Island, and Chernobyl nuclear accidents; applicability of the National Environmental Policy Act (NEPA) to oil and coal leases on federal lands; the Endangered Species Act; visual pollution and other issues relating to windfarms; coal mine disasters, mountaintop mining, and the Mine Safety Act; and tailings piles and the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The class will conclude by considering how concerns about climate change may affect the future of energy development. No prerequisites. Supervised Analytic Writing or Substantial Paper credit available. Paper required. Enrollment limited to twenty. E.D. Elliott

Rethinking Sovereignty, Human Rights, and Globalization (20662) 3 units. Recently the crises of sovereignty and the end of sovereignty have been discussed in law, political science, and philosophy. Postnationalist, cosmopolitan, as well as neoliberal critics of sovereignty abound. This course will discuss alternative models of sovereignty, ranging from democratic iterations to popular constitutionalism, and it will consider the implications of these models for the definition and enforcement of rights. Readings will include Hobbes, Bodin, Austin, Schmitt, Kelsen, Habermas, Waldron, Pogge, and Aleinikoff. This seminar will meet according to the Yale College calendar. Paper required. Permission of the instructor required. Enrollment limited. Also PLSC 292a/605a/PHIL 656a. S. Benhabib

The Role of a Judge in a Democratic Society (20500) 2 units. This research seminar will consider—on a comparative law basis—the role of judges, mainly Supreme Court or Constitutional Court judges, in a democracy. It will concentrate on their role in bridging the gap between law and society, and in protecting the constitution and democracy. We will consider if those are proper roles for judges. Are there more important roles? How do we understand democracy in this respect? The topics will also include analyzing proper tools used by judges to fulfill their role. Subjects that may be researched are: interpretation; gap-filling; and the development of common law. Other topics that are relevant: balancing; questions 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

Social Science in Law (20627) 3 units. This class is an introduction to the use of social science in law. Three general topics will be considered. First, the use of social science evidence in adjudication. This will include eyewitness identification, lie detection, and other types of evidence. The second topic is decision making. How do judges and juries make their decisions? Finally, the course will examine the use of social science evidence to make substantive law (“legislative facts”). This includes the use of evidence on integration and obscenity. Across all these areas, the use that legal authorities make of social science “facts” is reviewed and evaluated. Self-scheduled examination or paper option. Enrollment capped at twenty-five. Also PSYC 646a. T.R. Tyler

Sociology of Law: Law and Bureaucracy (20296) 3 units. Bureaucracy is a form of social organization fundamental to modern society. Law on the books becomes law in action largely through legal bureaucracies, whether it is through courts, administrative agencies, welfare offices, or the compliance departments of private firms. In addition to exploring seminal texts on the concept of bureaucracy and organizations, this course will ask the following questions: Why is it important to study the organizational structure in which legal rules are interpreted and applied? How does the structure of bureaucracies—that is, the way in which they evaluate and adjudicate legal rights or claims—shape the precise way people experience the law? Instead of focusing on one specific site or subject matter, this class will investigate a set of conceptual and theoretical tools that can be used to study various legal sites. The readings may cover the following specific legal bureaucracies: criminal courts, police organizations, prisons, sexual harassment and antidiscrimination compliance offices of private firms, welfare offices, regulatory or administrative agencies, and law school admissions offices. Together we will explore how the sociology of law, bureaucracy, and organizations can be used to ask penetrating questions about how legal rules come to have the specific pattern of use (or nonuse), enforcement (or non-enforcement), costs, and benefits for the people and activities they address. Students will be expected to write frequent reaction papers to the readings and submit a final paper based on a short research inquiry into a specific legal organization of their choice. Paper required. Enrollment limited to fifteen. I. Kohler-Hausmann

†Start-Ups and the Law (20664) 2 units, credit/fail. This course is intended to give students a thorough look at legal issues faced by start-up companies. The class will follow a semi-hypothetical company throughout its life cycle, with the students creating its capitalization table and updating it through several rounds of financing and an acquisition. The class will focus on corporate matters and have several sessions on related matters, including intellectual property and executive compensation. Permission of the instructors required. Enrollment limited to fifteen. W. Breeze, D.A. Goldberg, and C. Lynch

*†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 the work product can be used to satisfy the Substantial Paper requirement. The course demands a significant time investment and is not recommended for students with other time-intensive commitments. Open only to J.D. students. Permission of the instructors required. Enrollment limited to twelve. L. Greenhouse, N. Messing, A.J. Pincus, C.A. Rothfeld, and J.M. Balkin

Taxation: Directed Research (20656) 2 or 3 units. The instructor will supervise students who wish to write a paper about taxation. Credit hours depend upon the scope of the paper project. Paper required. Enrollment limited to six. Y. Listokin

Theories of Distributive Justice (20248) 2 units. In fall 2014, a good portion of this seminar will be spent reading and discussing Thomas Piketty’s Capital in the Twenty-First Century, the most important book on income distribution in some years. The course will then survey the main theories of distributive justice proposed by economists and political philosophers since 1950, critiquing each theory from both the economic and philosophical perspective. Topics covered include Arrow’s impossibility theorem and its resolution; axiomatic bargaining theory (J. Nash and followers); utilitarianism according to J. Harsanyi and others; egalitarianism according to J. Rawls and A. Sen; the veil of ignorance as a thought experiment; neo-Lockeanism according to R. Nozick; resource egalitarianism according to R. Dworkin; and equality of opportunity according to R. Arneson, G.A. Cohen, and J. Roemer. Besides Piketty’s book, there will be readings posted on the class Web site. Some background at the level of intermediate microeconomics is required (e.g., an appropriate prerequisite is PLSC 517). There will be some problem sets and short essays. Permission of the instructor required. Also PLSC 595a/ECON 791a. J.E. Roemer

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 U.N. initiatives (e.g., the work of the former U.N. 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 twenty. Also MGT 661a. A. Dhir

*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

The United States and Cuba: Advanced Research and Writing (20261) 2 units. Students may enroll in this course only if they have completed the two-credit, ungraded research seminar The United States and Cuba, taught in spring 2014. Students in this advanced seminar will continue their previous research or begin a new area of research with the instructor’s permission. Papers must be completed by the end of the term unless the instructor provides written permission for an extension. All enrolled students will also help develop, prepare, and participate in the conference on U.S.-Cuban relations that is tentatively planned for late January 2015. Permission of the instructor required. Paper required. K. Stith

U.S. Foreign Policy and the Law (20665) 3 units. This course will examine U.S. foreign policy decision making, including the role of domestic and international law. It will cover a series of case studies, contemporary and historical, and focus on the perspective of those who make and implement U.S. foreign policy: How is policy developed? What constraints do policy makers face? How are intersecting issues of policy and law addressed and resolved? Grade will be based on class participation and a final examination or paper (to be negotiated with the instructors). Non-Law School students (graduate and undergraduate) may be admitted by permission of the instructors. Scheduled examination or paper option. Enrollment limited to thirty. J.J. Sullivan, P. Gewirtz, and H.H. Koh

*†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 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, 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 wrongful detention and deportation of immigrant veterans; and federal and state regulatory and legislative advocacy concerning veterans’ employment issues, treatment of service members with PTSD, and 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, M.M. Middleton, and B.Y. Li

Warren Burger’s Supreme Court (20594) 2 units. Warren Burger was Chief Justice of the United States from 1969 until 1986—a period when the country moved sharply to the right. Histories of the period tend to treat the Burger Court as standing apart from this transformation. Indeed, the 1970s as a whole are often treated as a period of historical pause during which nothing happened. But the Burger Court in fact played a central role in shaping crucial features of the nation we live in today. This seminar will reexamine the period, exploring the Burger years through cases and other primary and secondary readings. Among the topics covered will be race, economic rights, women’s rights (including reproductive rights), religion, immigration, crime, and presidential power. Paper required. M.J. Graetz and L. Greenhouse

*†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, 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 units each term). The clinical course and fieldwork must be taken simultaneously in both terms. Permission of the instructors required. Enrollment limited. M.I. Ahmad, A.N. Hallett, and M.J. Wishnie

Working with Intellectual Property: Patents and Trade Secrets (20236) 2 units. This course will examine current issues in intellectual property 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 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 the discussion of issues presented by patent law, the class will look at some alternative legal constructs, primarily trade secrets law, and consider ways in which intellectual property rights promote or impede innovation or commercialization. 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 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

†Written Advocacy and Legal Research (20659) 3 units. This course will train students to conduct efficient legal research and to produce strong written work. To improve students’ legal writing, the class will review trial motions, appellate briefs, and advice from judges. The course will also expose students to organizational strategies, stylistic principles, and forms of legal analysis and persuasion. To improve students’ research skills, the class will focus on how to research secondary sources, case law, statutes, and regulatory materials. The course will expose students to a variety of electronic resources as well as to powerful search strategies and information-management techniques. Students will learn how to research legal issues, frame legal arguments, and analyze legal problems. In-class exercises will help students develop their research and writing abilities. Students will also complete several longer assignments outside of class. To reflect the realities of modern practice and to facilitate peer-learning, students will work as part of a team on some of the assignments. Students should bring a laptop to all classes. N. Messing and J.G. Krishnaswami

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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 (21601) 4 units. There are vast areas of life in which much (often most) lawmaking and legal interpretation fall 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. N.R. Parrillo

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

*Advanced Civil Procedure and Legal Ethics: Complex Civil Litigation (21190) 3 units. This is a casebook course in advanced federal civil procedure. The class will consider pleading, intervention, joinder, class actions and the Class Action Fairness Act, discovery, multidistrict litigation, minimal diversity, abstention, coordinating jurisdiction between state and federal courts, and related topics in complex federal civil litigation. Particular emphasis is given to case management and reform of discovery, settlement, mass tort litigation, and issues of legal ethics arising in complex civil litigation. Recommended for second-term students who wish to continue their study of procedure from the first term and for sixth-term students who wish a refresher in civil procedure before entering practice or clerking. Self-scheduled examination. E.D. Elliott

Advanced Community and Economic Development 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 instructors required. A.S. Lemar, C.F. Muckenfuss III, and M. Viswanathan

Advanced Criminal Justice Clinic (21685) 1 to 3 units, credit/fail, with a graded option. Prerequisite: Criminal Justice Clinic. Permission of the instructors required. F.M. Doherty, S.O. Bruce III, and T. Ullmann

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

Advanced Ethics Bureau (21686) 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 1 to 3 units by contributing further to the work of the Bureau. †Students may satisfy the professional skills requirement through this course only 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 and J.K. Peters

Advanced Iraqi Refugee Assistance Project (21624) 2 or 3 units. A fieldwork-only option. Prerequisite: Iraqi Refugee Assistance Project. Permission of the instructor required. R.M. Heller

†Advanced Issues in Capital Markets: Role of Counsel for Issuers and Underwriters in an Initial Public Offering (21764) 2 units, credit/fail. This advanced securities law seminar will provide insights into the lawyer’s participation in the capital markets practice. The organizing principle will be the role of counsel for issuers and underwriters in the execution of an initial public offering (IPO) registered with the U.S. Securities and Exchange Commission (SEC) pursuant to the Securities Act of 1933 (Securities Act), which will drive consideration of a wide range of legal and practical issues. The sessions will be oriented around the key steps required at each stage of the IPO process. Students will read primarily transaction documents (e.g., registration statements, underwriting agreements, legal opinions, etc.) drawn from actual IPOs, supplemented by slide decks and memoranda prepared by the instructors, as well as SEC materials, accounting literature, and treatise excerpts. In addition, students will engage in drafting exercises, presentations, and mock negotiations. The course will also focus on certain key transaction management skills, including in respect of “situational judgment.” Guest speakers from the investment banking and corporate communities will be invited for special sessions to present their perspectives on the IPO process. Permission of the instructors required. Enrollment limited to sixteen to twenty. C.B. Brod and A. Fleisher

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

†Advanced Legal Research: Methods and Sources (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. S.B. Kauffman, R.D. Harrison, J.G. 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 drafting legal memoranda and briefs. Students will have the opportunity to refine their analytical legal research skills as well as their writing skills. Students’ written work will be reviewed and critiqued primarily by teaching assistants, who will be supervised by the instructor. The instructor will retain sole responsibility for determining each student’s grade. The goal of the course will be to take students beyond basic competence to excellence in legal writing. Enrollment limited to forty. 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 instructors required. J.J. Silk, S. Kwon, and H.R. Metcalf

Advanced SFALP (21598) 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 J. Dawson

†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. L. Greenhouse, A.J. Pincus, C.A. Rothfeld, and J.M. Balkin

Advanced Topics in Election Law (21259) 2 units. This class will be devoted to canvassing the major theoretical debates in the field of election law. Class readings will be drawn primarily from the works of legal scholars, political scientists, and political theorists. Several election law scholars will also present works-in-progress during the term. The class should be of interest to anyone interested in developing expertise in the field or becoming an academic with an election law specialty. In lieu of an exam, students will be required to write a series of short reflection papers as well as a final thought piece. A course in the law of democracy is helpful but not required. Students who have not taken a course on the law of the political process will be expected to familiarize themselves with supplemental reference materials when necessary. Enrollment limited to fifteen. H.K. Gerken

Advanced Topics in Property (21019) 3 units. This class will examine selected topics in the field of property. Examples of topics to be covered are the issue of the public/private divide examined through the lens of public trust doctrine, property, and economic development in American history; and constitutional dimensions of property law, including the doctrine of unconstitutional conditions. The class will be oriented toward supporting students in developing independent research in the field. The final two class sessions will be devoted to providing feedback on student paper projects. Prerequisite: Property. Paper required. Enrollment limited to sixteen. C. Priest and M.E. Brady

Advanced Transnational Development Clinic (21693) 1 to 3 units, credit/fail, with a graded option. Open only to students who have completed the Transnational Development Clinic. Permission of the instructor required. M.I. Ahmad

Advanced Veterans Legal Services Clinic (21631) 1 to 4 units, graded or credit/fail at student option. Open only to students who have completed the Veterans Legal Services Clinic. Permission of the instructors required. M.J. Wishnie, M.M. Middleton, and B.Y. Li

Advanced Worker and Immigrant Rights Advocacy Clinic (21555) 1 to 4 units, graded or credit/fail at student option. Open only to students who have completed the Worker and Immigrant Rights Advocacy Clinic. Permission of the instructors required. M.I. Ahmad, A.N. Hallett, and M.J. Wishnie

*†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 in 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

†Advocacy in International Arbitration (21766) 2 units, credit/fail. International arbitration is a growing field and increasingly is the mechanism by which the largest international commercial disputes are resolved. This course will have two primary aims: (1) to expose students to this area of legal practice; and (2) to provide them with the skills they need to represent clients effectively in international commercial arbitrations. The backbone of the course will be a mock arbitration, based on the facts of cases the instructors have litigated. The class will be divided into two teams, Claimant’s counsel and Respondent’s counsel, and over the course of the term, the students will litigate the matter, stage by stage. Each team will be assigned coaches to assist them outside of class hours with their assignments. The course will culminate in an evidentiary hearing during which students will present argument and examine witnesses. At each stage of the process, instructors will provide feedback and insights based on their experience dealing with the very same factual scenarios the students will encounter during the mock exercises. In addition to the in-class exercises, there will be a series of short lectures and discussions about key strategic and procedural issues in international commercial arbitration. There will be no paper or final exam, but students will be required to complete a series of written exercises and participate in oral arguments. Permission of the instructors required. Enrollment limited to ten. J.J. Buckley, Jr., and C.J. Mahoney

Anatomy of a Merger (21697) 3 units. The goal of this seminar will be to explore the intimate interrelationship of M&A transaction tactics and strategy and Delaware corporate law principles of directors’ fiduciary duties of loyalty and due care, as explicated by the Delaware courts over the past thirty years. The seminar will use a hypothetical M&A transaction and readings in selected Delaware case law and commentary to illustrate how evolving legal principles shape M&A transaction structures and why detailed knowledge and understanding of Delaware legal principles are essential to M&A legal practice. Prerequisite: Business Organizations. Permission of the instructor required. Self-scheduled examination. Enrollment limited to fifteen. C. Nathan

†Arbitration and Mediation Skills (21765) 2 units, credit/fail. Ninety-eight percent of disputes that start in court are resolved by various forms of alternative dispute resolution. The course, taught by a seasoned mediator and arbitrator, 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. The course will include many of the features of the Trial Practice course, but with an emphasis on the skills needed for arbitration rather than courtroom procedure. Permission of the instructor required. Short briefs required. Enrollment limited to twelve. B.J. Hodgson

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. Permission of the instructor required. Paper required. Enrollment limited to ten. J.M. Balkin

Banking and Financial Regulation (21544) 2 units. The regulation of banks and other financial institutions has changed dramatically in recent years in response to rapid evolution in the financial services industry both before and as a result of the 2008–2009 financial crisis. This course examines the current industry structure and governing regulatory framework, particularly in light of the historic Dodd-Frank Consumer Protection and Wall Street Reform Act, which is still in the process of being implemented. It considers the financial crisis, regulatory aftermath, and future directions in financial policy and regulation. The course focuses primarily on the regulation of banks and bank holding companies but also covers other financial institutions such as nonbank financial holding companies, securities broker-dealers, mutual funds, and insurance companies. The role of the new Financial Stability Oversight Council in regulating financial stability and systemic risk will be highlighted, along with the newly created Consumer Financial Protection Bureau. Among the topics covered are limits on entry into the business of banking; regulation of deposit taking and lending; securitization of assets; restrictions on nonbanking activities and investments; insurance and securities powers of banks and their affiliates; Volcker Rule limits on proprietary trading and hedge fund activities; consumer protection and community reinvestment; capital and liquidity requirements; examination and enforcement; the separation of banking and commerce; conflicts of interest and fiduciary duties; restrictions on transactions between banks and their affiliates; bank failure and resolution; foreign banks operating in the United States; and swaps and other derivatives activities. The concepts of “functional regulation,” “systemic risk regulation,” and “shadow banking” will be discussed. Scheduled examination or paper option. M.L. Fein

Bankruptcy (21204) 3 units. An introduction to the law of bankruptcy. It explores the relief available to individual and business debtors in financial distress as well as the remedies available to creditors. The focus will be on the federal Bankruptcy Code and state laws governing the enforcement of judgments. Among the topics covered: who is eligible for bankruptcy relief; the nature and scope of the bankruptcy discharge; what property may be claimed as exempt; priorities among creditors; interplay of bankruptcy and nonbankruptcy laws; the role and powers of bankruptcy judges and bankruptcy trustees; and negotiating and confirming a plan of reorganization. Self-scheduled examination. Enrollment capped at forty. E.J. Janger

Bureaucracy (21761) 2 units. One of the primary tasks of modern American lawyers is to influence the exercise of bureaucratic power. Further, lawyers in America are often called upon to serve in, or to help design, bureaucratic agencies. The agenda for this seminar is to discuss leading works on government administration—some classic and some cutting-edge—from political science, sociology, law, and other disciplines. The kinds of questions we will ask include: Why do some bureaucracies inspire respect and admiration, while others inspire disdain, hatred, and resistance? Why are bureaucrats highly responsive to some stakeholders and callously indifferent to others? What kinds of people self-select into government jobs—and what kinds of opportunities, dangers, and biases result from that self-selection? What are the most effective strategies for getting the attention of a bureaucracy—and getting it to change its ways? Should bureaucrats be understood as the servants and agents of politicians, or as politicians in their own right? Does bureaucratic organization embody the rule of law, or threaten it? Do lawsuits against a bureaucracy have any effect on its behavior—and if so, do they make things better or worse? The tentative list of authors includes Max Weber, James Q. Wilson, Terry Moe, Jerry Mashaw, Edward Rubin, John D. Donahue, Michael Lipsky, Daniel Carpenter, Robert Kagan, R. Shep Melnick, and David E. Lewis. Students are required to participate actively in each week’s discussion. Grades will be based solely on class participation. Permission of the instructor required. Enrollment limited to eight. N.R. Parrillo

Business Organizations (21418) 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 will 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

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, with the option of graded credit. 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

Catastrophe-Avoiding Regulation: Nuclear Power, Offshore Production, Finance (21200) 2 units. In the late twentieth century, the focus of regulation was efficient harm reduction: the allocation of the burden of reducing the risk of known harms to those who could mitigate those risks at the lowest cost. Its characteristic intervention was the cap-and-trade regime. Increasingly the problem for regulation is not harm reduction but catastrophe avoidance. As supply chains lengthen and the pace of innovation (and with it the rate of introduction of incompletely tested products and production processes) increases, it has become clear that catastrophes can result from the unforeseeable concatenation of abnormal or out-of-control sequences of events, many themselves relatively innocuous. This class examines regulatory systems in domains such as nuclear power generation, offshore drilling in the North Sea, food safety in the United States, European Union, and globally, and—incipiently—financial-market regulation that are successfully responding to this potential for catastrophe. Introductory readings explain why, under these circumstances, regulators do not attempt to write detailed rules whose application will ensure safe operation, and why it cannot be assumed that imposition of unlimited tort liability for damages will induce private actors to take requisite precautions. Case studies show how, instead, error detection and correction methods (similar to, and sometimes directly inspired by those developed in the Toyota production system) induce continuous, joint learning about potential hazards and effective responses to them that neither the regulator nor the regulated entities could have identified ex ante. These continuous-improvement systems mesh awkwardly with the notice-and-comment rulemaking at the heart of U.S. administrative law; and the class explores reform possibilities, some already present as leitmotifs in administrative practice. A final unit considers the effect of applying catastrophe-avoiding regulation to global supply chains from the vantage point of developing countries. Paper required. Enrollment limited to fifteen. C.F. Sabel

*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—e.g., 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. Benjamin Heineman will be a guest lecturer in the course. Permission of the instructor required. Self-scheduled examination. Enrollment limited to twenty. M.S. Solender

*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

*†Community and Economic Development Clinic (21016) 4 units, credit/fail. CED explores the role of lawyers in building wealth and opportunity in low-income communities. The clinic 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, and strategic advocacy capacities. Students will represent clients in a range of legal matters including formation and governance of for-profit, not-for-profit, and hybrid entities; negotiating and drafting contracts; developing employment and other policies; structuring real estate transactions; resolving zoning and environmental issues; appearing before administrative agencies; 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 client contact, contract drafting, transactional lawyering, legal research and writing, regulatory and legislative advocacy, administrative agency contact, and negotiation. Students may be exposed to real estate, finance, land use, and tax law matters. The class seminar will meet once a week for two hours and once a week for one hour. In addition, each student will meet with faculty once a week for fieldwork supervision. The clinic is open to students from the Schools of Law, Management, Divinity, Forestry & Environmental Studies, Public Health, and Architecture with prior approval from a faculty member. Permission of the instructors required. Enrollment limited to eight. A.S. Lemar, C.F. Muckenfuss III, and M. Viswanathan

Comparative Constitutional Law (21520) 3 units. This course will provide a survey of selected themes in comparative constitutional law, focusing on written constitutions, systems of rights protection, and the relationship between high courts and the greater political system. The approach will be interdisciplinary, blending constitutional theory and social science perspectives. The assumption will be that students have a basic knowledge of U.S. constitutional law, as well as an interest in law outside of the United States. Self-scheduled examination or paper option. A. Stone Sweet and W. Sadurski

†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 capped at twenty. S.R. Underhill

†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. Brief required. Enrollment limited to twelve. G. Calabresi and J.M. Walker, Jr.

Corporate Taxation (21524) 4 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. Open only to J.D. students. Prerequisite: Federal Income Taxation. (Federal Income Taxation may not be taken concurrently.) Self-scheduled examination. A.L. Alstott

*†Criminal Justice Clinic (21590) and Fieldwork (21756) 2 units, credit/fail, with a graded option, for each part (4 units total). The clinic and fieldwork must be taken simultaneously. Students will represent defendants in criminal cases in the Geographical Area #23 courthouse (the “GA”) on Elm Street in New Haven. Students will handle all aspects of their clients’ cases under the direct supervision of clinical faculty. Students will 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 will also explore the legal framework governing the representation of clients in criminal cases, including the rules of professional responsibility. Throughout, students will be 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. to 1 p.m.) free from other obligations. Students must also return to the Law School a few days before the start of the term to participate in an orientation program intended to prepare them for criminal practice. Enrollment limited. F.M. Doherty, S.O. Bruce III, and M. Quattlebaum

Criminal Law and Administration (21300) 3 units. This course will relate the general doctrines of criminal liability to the moral and social problems of crime. The definitions of crimes against the person and against property (as they are at present and as they might be) are considered in the light of the purposes of punishment and of the role of the criminal justice system, including police and correctional agencies, in influencing behavior and protecting the community. This course is given in several sections; it must be taken before graduation. Students may satisfy the graduation requirement by satisfactorily completing Criminal Law and Administration or Criminal Law, but they may not enroll in both courses. Scheduled examination. D.M. Kahan

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

†Drafting and Negotiating Merger and Acquisition Transactions (21665) 2 units, credit/fail. The class will focus on understanding the structure and basic provisions of an acquisition agreement, highlighting the differences between the ABA Model agreement and “real-world” agreements. The class will focus on drafting and negotiation skills, and students will practice drafting skills by working with a hypothetical purchase agreement. Students will then be divided into Buyer and Seller teams and participate in a simulated negotiation for 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) 2 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, the class 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. Course requirements: short midterm “bench” memorandum (40 percent); self-scheduled, open-book final (50 percent); class participation (10 percent). Self-scheduled examination. P.T. Grossi, Jr.

*†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, D.N. Rosen, H. Smith, A.A. Knopp, and M.K. Bannigan

Education and the Law (21663) 2 or 3 units. The law suffuses—some would say suffocates—public and private elementary and secondary education. All three branches of government, at the state and federal levels, have a hand in every aspect of schooling. For example: Compulsory education—at what ages should it start and end? What topics may be taught or not taught? Who may teach (and under what conditions of employment)? When and where may (or must) students say prayers, do drugs, speak their minds, and do other controversial things? What process is due when students—or teachers—are disciplined or when students are held back? How can and should schools work with children of different races, religions, language skills, and conditions of disability (herein, for example, of special education and desegregation)? The regulation of bullying. The role (and efficacy) of charter schools and voucher schools. The financing and regulation of parochial and other religious schools. No Child Left Behind, Race to the Top, and other recent federal and state funding policies and state defunding actions. These are examples of possible paper topics, along with education law developments abroad. A few guests from the field of education will meet with us during the term, including those recommended by student participants. No examination. Students will be expected to discuss their paper topics (and present any outlines or drafts they have completed) at some point during the term (preferably before the tail end). Papers can be submitted for Supervised Analytic Writing or Substantial Paper credit. Paper required. Enrollment capped at twenty. J.G. Simon

Empirical Law and Economics (21527) 2 or 4 units. The goal of this course will be to develop an understanding of the major tools of statistics and econometrics that are used to empirically investigate causal claims about law and public policy. Through a careful examination of some of the major empirical debates in the area of criminal law and criminal justice policy, the course will convey a sense of the difficulties of establishing causal relationships and the attendant uncertainty associated with econometric evaluation of complex social phenomena. The goal is to develop both substantive understanding of particular academic debates and the ability to evaluate other empirical debates. Depending on class size, students will either write a paper (4 units) or take a final take-home examination (2 units; write a “referee report” on an assigned empirical paper). Self-scheduled examination or paper option. I. Ayres

Employment Discrimination Law (21310) 4 units. This course will examine the regulation of employment discrimination through Title VII of the Civil Rights Act of l964 and related laws. It is an introductory but comprehensive course that emphasizes the major analytical frameworks for conceptualizing race and sex discrimination—and equality—in the workplace. The course will combine a pragmatic, litigation-oriented perspective with a theoretical, sociological one, as it investigates the assumptions underlying various legal approaches and situates legal trends within larger social and historical contexts. The course will provide a solid theoretical foundation for understanding differing conceptions of discrimination and equality in other areas of law, such as antidiscrimination law and constitutional law. It will also provide students with the background necessary to deal with discrimination problems in a clerkship or practice setting. Scheduled examination. V. Schultz

Enforcing Antidiscrimination Law (21197) 2 or 3 units. This course is intended to fuse theory with practice—to explore (1) whether and how the theories that undergird our antidiscrimination laws are enforced in our courts; and (2) what advocates (in a range of contexts) can and should be doing to enhance or improve enforcement of our antidiscrimination laws. Topics covered will include: the public/private distinction in enforcement; non-individual plaintiffs and standing; challenges posed by atypical plaintiffs; class certification under the Roberts Court; ever-increasing standards of proof; litigating reproduction and parenting; theories of bias and fact finders; the role of statistical evidence in demonstrating discrimination; monetary (dis)incentives for individuals to act; juries, identity politics, and trial narratives; programmatic relief as a product of antidiscrimination litigation; secret resolutions; and pursuing and articulating solutions. Course materials will draw not only from more traditional law school texts but also from briefs, other litigation materials, and secondary literature that help provide a practice-based perspective on these issues. The instructor will draw on recent experiences on the Hill and in courtrooms around the country and will encourage students to critically engage with their own life experiences to identify strategy and policy solutions moving forward. The course is intended to complement the Antidiscrimination Law and Employment Discrimination Law courses. Students who have taken those courses should feel free to take this course as well, although those courses are not prerequisites. Two units, based on class participation and a final examination; 3 units, based on class participation and a final paper in lieu of an examination. A limited number of students will be accepted for the paper option, which can count as the Substantial Paper. Open only to second- and third-year students. Self-scheduled examination or paper option. K.M. Kimpel

Environmental Law and Policy (21033) 3 units. Introduction to the legal requirements and policy underpinnings of the basic U.S. environmental laws, including the Clean Water Act, Clean Air Act, and various statutes governing waste, food safety, and toxic substances. This course will examine and evaluate current approaches to pollution control and resource management as well as the “next generation” of regulatory strategies, including economic incentives and other market mechanisms, voluntary emissions reductions, and information disclosure requirements. Mechanisms for addressing environmental issues at the local, regional, and global levels will also be considered. Scheduled examination. Also F&ES 824b. D.C. Esty

†Environmental Protection Clinic (21321) 3 units, credit/fail. A clinical seminar in which students will be engaged with actual environmental law or policy problems on behalf of client organizations (environmental groups, government agencies, international bodies, etc.). The class will meet weekly, and students will work ten to twelve hours per week in interdisciplinary groups (with students from the School of Forestry & Environmental Studies and other departments or schools at Yale) on projects with a specific legal or policy product (e.g., draft legislation or regulations, hearing testimony, analytic studies, policy proposals) to be produced by the end of the term. Students may propose projects and client organizations, subject to approval by the instructor. Enrollment limited to thirty. Also F&ES 970b. J.U. Galperin, A. Clements, and L. Suatoni

Estate Planning: Estate, Gift, and Generation-Skipping Transfer Taxes and Related Income Tax Issues (21469) 3 units. The major focus of the class will be estate planning, i.e., understanding in depth the three transfer taxes (estate tax, gift tax, generation-skipping transfer tax) and the grantor trust rules, and learning how trusts and estates practitioners advise wealthy individuals to structure their estate plans to achieve particular tax and nontax goals. In addition, the class will address issues related to estate administration and charitable giving. Class materials will include relevant sections of the Internal Revenue Code and Treasury Regulations thereunder, as well as a model Will, Revocable Trust, Dynasty Trust, Qualified Personal Residence Trust, Grantor Retained Annuity Trust, and private equity fund structure. Self-scheduled examination or paper option. D.J. Stoll

*†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. 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

The Ethics of War (21456) 3 units. This course will explore the Western tradition of just and unjust wars, in order to gain an understanding of when and how the set of practices to which we refer as “war” justifies killing that would otherwise be considered mass murder, and to work out what ethical rules ought to be required for the justification and the prosecution of war. The emphasis will be on ethical argument, not international law. Paper required. Enrollment limited. S.L. Carter

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

Experimentalism in Theory and Practice (21347) 2 units. A continuation of the fall-term course. In the second term, students will undertake, with the instructor’s support, group projects looking at the operation and prospects of experimentalist institutions. The goal is to understand in depth how such institutions emerge, how they function, and especially the problems they face and the (generalizable) strategies emerging for responding to them. Projects for spring 2015 are likely to involve problem-oriented policing in Cincinnati, coordination of the extensive and complex efforts to restore the Chesapeake Bay ecosystem by Maryland’s BayStat, and, depending on developments, the shift toward an experimentalist form of regulatory harmonization in discussion of WTO 2.0. Permission of the instructor required. Students who elect to take the fall, theory component of the seminar have the option of taking the second half of the course in the spring term or working with the instructor through supervised research on an agreed-upon topic. Paper required. Enrollment limited to fifteen. C.F. Sabel

Faculty Works-in-Progress Seminar (21768) 1 unit, credit/fail. In this “Inside-Out” seminar, Yale Law School faculty will present papers based on their current research. The topics will involve a broad range of legal issues. The workshop meetings will be videotaped and may later be posted to the Internet. Short reaction papers will be required during the term. Students enrolling and participating in the workshop will receive 1 unit of ungraded credit. Neither Substantial Paper nor Supervised Analytic Writing credit will be available through the seminar. I. Ayres

Federal Courts, the States, and the Federal System (21210) 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. The class will explore vertical and horizontal separation of powers; how the power to make, interpret, and enforce law is shared among the branches and between the federal and state governments; the theory and practice of federalism; and the jurisdiction, powers, and limitations of the federal courts in our federal and federalist system. Note that this course will not focus on habeas or Native American law issues; students interested in those matters may wish to take the fall-term version of the course. Scheduled examination. Enrollment capped at eighty. A.R. Gluck

Federal Criminal Law (21621) 3 units. This course will explore the law of federal crimes, using the just published text Defining Federal Crimes. Federal criminal law is peculiar—expansive yet limited—and different in many respects from state and comparative criminal law. We will begin by asking whether there is any need for federal criminal law, then move on to the question of federal jurisdiction and Congress’s constitutional authority to define crimes. The major thematic approach of the course will be trying to answer the question, “Who (really) defines federal crimes?” The class will see that Congress is just one of the authors of federal criminal law. Students will examine both the open-textured nature of some key federal statutes and how the branches have interacted to fill the gaps. In particular, the Supreme Court has been active in interpreting, even inserting, mens rea terms. A second theme of the course will be the exercise of prosecutorial discretion, which is a legal premise that helps explain such a vast, underenforced body of law. The particular crimes to be focused on include mail and wire fraud, extortion, bribery, civil rights crimes, RICO, money laundering, material support statutes, drug-trafficking conspiracies, and corporate criminal liability. The class will also examine a variety of federal statutes that effectively delegate criminal lawmaking authority, as well as the federal sentencing guidelines and how they supplement—and even alter—the definition of federal crimes. Students should understand that the influence of federal criminal law on state law and the law of other nations is much greater than its proportionate number of prosecutions. For instance, in recent decades, there have been major substantive and doctrinal changes in federal criminal law, often copied at the state level or in treaties. RICO laws, money-laundering laws, official corruption prohibitions, and sentencing law reforms are some prominent examples. More generally, as William Stuntz said, “Federal criminal law is the battleground for the most basic issues of crime policy.” Prerequisite: Criminal Law and Administration. Scheduled examination. K. Stith

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 the definition of income, tax shelters, the interest deduction, taxation of the family, and capital gains. No prerequisites. Scheduled examination. Y. Listokin

Feminist Theory and the Law: Seminar (21437) 2 units. This seminar will critically examine some major intellectual traditions in second-wave American feminist theory and explore their relevance to the law. Radical feminism identifies sexuality as the crucible of gender inequality, for example, while cultural feminism points to mothering and kinship. Socialist feminists are concerned with the gender-based distribution of labor, and liberal feminists worry about gender-based exclusion from “public” spheres more broadly. Feminists of color challenge the validity of isolating gender from other categories of social existence, while feminist poststructuralists question the existence of the stable identity categories upon which some other approaches depend. Each of these traditions has found expression in legal scholarship, with authors championing distinctive (though sometimes overlapping) approaches to various areas of law. The class will examine one or more current debates within feminist legal theory to consider how the various traditions have influenced, and might still influence, the debate and the relevant law. Weekly 2–5-page discussion papers are required, as well as one 15–20-page final paper. Permission of the instructor required. Paper required. Enrollment limited to twenty. V. Schultz

The First Amendment (21421) 3 units. This course will discuss the theory and doctrine of the First Amendment protections for freedom of expression. Preference given to second- and third-year students. Self-scheduled examination. Enrollment capped at eighty. R.C. Post

Food and Drug Administration Law (21767) 1 unit, with a credit/fail option. The Food and Drug Administration (FDA) is the premier consumer protection agency in the United States, with control over the availability and public discourse about potentially lifesaving therapeutics, foods, supplements, and related consumer products. Its authority has been built in response to public health crises and is constantly under scrutiny from all sides of the political spectrum. This course will review the history of the FDA, the noteworthy legislation and regulation that have shaped its oversight of the health care products market, Supreme Court and other cases that have impacted its authority, and an introduction to key current controversies related to the FDA that affect health care delivery (one class may be devoted to food law issues, based on student interest). The enduring theme will be how the FDA balances its vital public safety role against countervailing forces of personal autonomy and the rights or interests of consumers, patients, physicians, and corporations. Each class will be organized around a lecture—with interactive discussion—introducing students to the material, and most classes will contain a hypothetical case that will require students to apply the day’s lessons and themes in determining legal and policy solutions. A paper of 2,500–4,000 words is required. Students with high-quality papers will be given specific guidance in submitting them for publication in the peer-reviewed medical/public health/policy literature. Open only to J.D. students. Paper required. Enrollment capped at twenty. A.S. Kesselheim

The Foundations of Legal Scholarship (21757) 3 units. During the second term of the legal scholarship seminar, students will reflect on legal scholarship and workshop their own writing. Open only to Ph.D. in Law students and first-year J.S.D. students who completed Introduction to Legal Scholarship in fall 2014. Permission of the instructors required. Paper required. Enrollment limited to eight. W.N. Eskridge, Jr., and A.K. Klevorick

†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 conceptions 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 addressed 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 be several clinic projects, and student interest will be taken into account when selecting project teams. Previous projects have focused, for example, on building a framework for UN accountability for the introduction of cholera to Haiti and on addressing barriers to access to new Hepatitis C treatment in low- and middle-income countries. Projects may also relate to U.S. law and policy (for example, one recent project addressed state laws that create criminal penalty enhancements for sex workers with HIV, and another addressed the implications of recent free speech jurisprudence for the FDA’s regulatory authority). 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 be admitted. This course meets the YSPH-OPHP practicum requirement for M.P.H. students. Permission of the instructors required. Enrollment limited to twelve. Also CDE 596b. A. Kapczynski, A. Miller, and G. Gonsalves

†Global Refugee Legal Assistance (21623) 3 units, graded. This seminar and practicum will introduce students to international refugee law, with an emphasis on fieldwork. 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 and Syrian refugee crises. Additionally, students will work in pairs under the supervision of private attorneys to provide legal representation to refugees in the Middle East in urgent humanitarian situations seeking resettlement in a safe third country. Guest lecturers will include practitioners and scholars in the field of refugee law. Permission of the instructor required. R.M. Heller

*Health Law (21162) 3 units. This course will cover the full range of topics that are traditionally referred to as “health law,” including the physician-patient relationship, informed consent, privacy and confidentiality, medical malpractice, regulation of health professions, regulation of health facilities, health care financing (including a survey of Medicare, Medicaid, Affordable Care Act, and private medical insurance law), regulation of drugs and devices, anti-kickback and abusive medical billing, and if time permits, end-of-life decision making and reproductive health. Health law will be viewed as comprising the principles that govern and influence the interaction of patients and health care providers, and the class will also consider the evolution of health law over time, as it reflects the development and history of medicine as a profession and the emergence of the modern hospital during the first decades of the twentieth century. Throughout the course students will compare the emergence of the medical professional to the emergence of the organized legal profession, to understand the “guild” a profession represents and how the law and culture of a “guild” relate to the larger legal system. Readings will include a traditional casebook, as well as materials documenting the modern history of medicine, public health, and health care finance. Scheduled examination. M. Barnes

*History of the Common Law: Procedure and Institutions (21531) 3 units. An introduction to the historical origins of Anglo-American law, in which students study selected historical sources and extracts from legal-historical scholarship. Topics: (1) the jury system: medieval origins and European alternatives, separation of grand and petty juries, changes in the functions and composition of the jury from medieval to modern times, the law of evidence and other forms of jury control; appellate review of jury verdicts; the growing disuse of juries and of trials in modern times; (2) civil justice: the forms of action and the pleading system; the regular and itinerant courts; the judiciary; law reporting and other forms of legal literature; Chancery, the trust, equitable procedure and remedies; historical perspectives on the scope of the right to civil jury trial under the Seventh Amendment; the deterioration of Chancery procedure and the fusion of law and equity; the codification movement; the drafting of the Federal Rules of Civil Procedure; the retreat from trial; (3) criminal justice: medieval criminal procedure; presentment and indictment; the recasting of criminal procedure in the sixteenth and seventeenth centuries; the officialization of prosecution and policing; the rise and fall of Star Chamber; defense counsel and the rise of the adversary system in the eighteenth century; the privilege against self-incrimination; the law of evidence; criminal sanctions and sentencing; the emergence of public prosecution; the trend to plea bargaining and other forms of nontrial procedure; (4) legal education: the inns of court; apprenticeship; the emergence of university legal education in the United States; and (5) the legal profession: attorneys and barristers; the regulation of admission to the profession; the development of law firms; megafirms and their twenty-first-century travails. Scheduled examination. J.H. Langbein

Humanitarian Law of Armed Conflict (21403) 2 units. The aim of this course is to explore the potential and limits of the law governing the conduct of hostilities. The class will examine the evolution of the different treaty regimes and their contemporary challenges, in particular in asymmetric and remote warfare, as well as their interface with international human rights law. The class will focus on specific questions such as the right to participate in hostilities, the choice of weapons (including automated weapons), the distinction between combatants and civilians, the treatment of detainees and POWs, and the principles of military occupation. The class will also look at the modalities for enforcing this law and in particular assess the effectiveness of war crimes trials as one of the modalities. Scheduled examination. E. Benvenisti

*†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, on the legal and ethical issues arising in the context of casework, and on the development of lawyering skills. Classes will be heavily concentrated in the first half of the term, with additional sessions supplementing the weekly class time. Students will also attend weekly supervisions on their casework. Enrollment limited to six. J.K. Peters and H.V. Zonana

†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. The primary focus is on the day-to-day work of the court in both civil and criminal cases. 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. Open only to J.D. students. No examination. Enrollment limited to fifteen. 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, our 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. Preference given to first-year J.D. students. Self-scheduled examination or paper option. Enrollment limited to thirty. L. Greenhouse

Intellectual Property: The Law of Scientific and Cultural Production (21351) 4 units. This course will introduce students to the law governing scientific and cultural production. The course will focus on intellectual property law but will also address other modalities that sustain such production, such as government funding and the commons. The class will cover the conventional IP subjects in some detail (patent law, copyright law, and trademark), but in the context of a broader framework investigating the proper goals and tools of information policy. Students will gain a basic overview of the relevant black letter law as well as an introduction to theoretical debates about the proper grounds of information policy and debates about important policy issues in the contemporary realm of information policy, such as file sharing, transnational “piracy,” and global access to medicines. Self-scheduled examination. A. Kapczynski

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 or paper option. Enrollment capped at twenty-five. W.M. Reisman, Y. Banifatemi, and E. Gaillard

The International Law of Governance (21149) 2 units. The seminar will address the law that applies to the decision-making processes within international organizations and other global governance bodies. Similar to administrative and constitutional norms that structure decision making at the domestic level, norms that shape the decision-making procedures within international organizations are designed to resolve agency problems, promote public participation, protect potentially affected interests, and ensure the perceived legitimacy of these institutions. Although different organizations have adopted a variety of procedures, there is a process of convergence of expectations possibly leading to what may be called global administrative law: shared standards concerning public participation, representation, and accountability of the decision makers. The seminar will examine these norms and explore the political and social forces that shape their development by examining a variety of global and regional institutions including in the fields of collective security (the U.N. Security Council), human rights, environmental protection, and the regulation of trade and investments. The seminar will also address the challenges raised by the increasing role of private actors in setting global standards and the possible regulation of their activities. Paper required. Enrollment limited to twenty. E. Benvenisti

International Legal Theory Seminar (21138) 2 units. This course is a research and writing seminar that takes, each year, a different topic that illustrates the interaction of contemporary disputes between states with theoretical concepts in international law. This year the focus will be “International Legal Theory and Maritime Law.” Topics to be addressed will include: the effect of sea-level rise on maritime delimitation; whether it is unavoidable for territorial conflicts to be exacerbated by conflict over maritime resources; the desirability or undesirability of joint maritime zones; the effect of new weapons technology on the law of innocent passage; etc. No previous experience with maritime law is required. Substantial Paper and Supervised Analytic Writing credit are available. Paper required. L. Brilmayer

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. Preference given to first-year J.D. students. Self-scheduled examination. Enrollment limited to eighty. W.N. Eskridge, Jr.

Just War Theory (21556) 3 units. This seminar will explore classic just war theory and discuss whether it is still applicable to modern military conflicts and the distinctive challenges that they present. After reading classical texts by, among others, Aquinas, Grotius, and Kant, students will read the works of modern classic war theorists, such as Walzer and McMahan. By examining current challenges to just war theory and international law, such as preemptive warfare, humanitarian intervention, targeted killings, drones, and cyber warfare, the seminar will explore the question of whether just war theory should be modified and, if so, how. Paper required. Enrollment limited. Also PHIL 667b. S.J. Shapiro.

†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 1 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 and R. Romano

Law, Environment and Religion: A Communion of Subjects (21107) 2 units. Thomas Berry once wrote, “The universe is a communion of subjects, not a collection of objects.” One might also insist that the university is a communion of subjects, not a collection of disciplines. Perhaps no subject better illustrates this point than the environment, for to understand and appreciate the environment requires expertise from multiple intellectual traditions, including history, religion, philosophy, anthropology, aesthetics, economics, political science, and legal studies. This course will focus on the scholarship and practice of leading figures working at the intersection of law, environment, and religion, who will be brought to campus to participate in a discussion series that will form the core of the course. In preparation for these visits, teams of students will be assigned to study deeply the writing and actions of a designated speaker. Class sessions during this preparatory phase will resemble a traditional graduate seminar, with readings and discussion designed to stimulate engagement with the most challenging and vital questions facing the “communion” of law, environment, and religion. During the core phase of the course, speakers will interact with students in multiple ways. The central activity will be an in-depth interview led by members of the student team. Other students will conduct a podcast interview with the speaker at Yale’s audio recording studio; these podcast interviews, which are intended to engage the speaker in a more personal conversation about his or her life history, values, and worldviews, will be posted on Yale’s iTunes University site. One of the conceits of the academy is often that such subjective elements have little bearing on one’s intellectual work. As a result, too little attention is paid within the university to the role of family, community, religion, and other critical biographical factors in shaping one’s ideas. Permission of the instructors required. Enrollment limited to twenty-four, of which eight places are for Law students. Also F&ES 808b/REL 926b. D. Kysar, J.A. Grim, and M.E. Tucker

Law and Economics (21103) 2 units. Over the past half-century, economic analytic perspectives on law have thrived in the legal academy. This course provides a survey and critical review of the intellectual legacy and methodological approaches common to the study of law and economics. Students are introduced to the subject by reading original manuscripts. The course, however, aims at more than a history of thought in law and economics. Through problem sets, students will also develop familiarity with the principal conceptual approaches and tools of the field, from marginal analysis to applied game theory. Self-scheduled examination. R.R.W. Brooks

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 2015 edition will be new research on international courts. Six scholars will present works-in-progress on the law and politics of international adjudication. On off-weeks, the class 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 C. Landfried

The Law of the Sea (21651) 2 units. This seminar will consider intensively some current problems concerning combating piracy; maritime boundary delimitation between adjacent or opposite states; procedures for determining the boundaries of outer continental shelves; rights and obligations of states not members of the U.N. Convention on the Law of the Sea; the Arctic and the controversy on whaling. Scheduled examination or paper option. Enrollment capped at fifteen. W.M. Reisman

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

†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 our longtime clients (Connecticut Voices for Children) is a key player in 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, A.A. Knopp, and E. Scalettar

†Liman Public Interest Practicum (21596) 2 units, credit/fail. This course provides students with the opportunity to work on public interest law projects. Subjects have ranged from immigration and criminal justice to poverty law. This year the focus will continue to be on facets of incarceration; ongoing and new projects involve examining where men and women are located in the federal prison system so as to understand the relative opportunities for education, work, and other programs, and thinking more generally about the role of gender in incarceration; studying how prisons use and regulate long-term isolation, both in terms of policies and practices; and considering regional differences in how directors of state prison systems address and manage prisons. Prior projects have included analyzing rules in all fifty states on visiting prisoners and proposing revised policies; 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; 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, and, with permission of the instructors, students may elect to write a related Supervised Analytic Writing or Substantial Paper for additional graded credit. The projects sometimes continue for more than one term and have, on occasion, resulted in published articles. J. Resnik, J. Kalb, H.R. Metcalf, and M. Quattlebaum

Liman Public Interest Workshop: Rationing Law: Subsidizing Access to Justice in Democracies (21534) 2 units, credit/fail, with a graded option. This workshop will consider how law is currently rationed. In the United States and elsewhere, constitutional and statutory commitments to access to courts and enforcement of rights are being challenged by high demands for services, high arrest and detention rates, and declining government budgets. Our topics and questions address two kinds of access: of litigants to use the system and of the public to know about the processes and outcomes of the judgments rendered. Our plan is to examine, comparatively, how courts, litigants, and criminal justice detention are financed; when and where government subsidies are deployed; the sources of the high demand for civil and criminal litigation; and claims of “litigiousness,” “over- criminalization,” and “excessive” punishment. At issue are controversies over subsidies for civil and criminal litigants (counsel, experts, transcripts, interpreters, and other forms of assistance); whether “paths to justice” should focus on lawyers and courts or on other forms of services and service providers; the roles played by gender, race, ethnicity, age, and class in courts; efforts to remodel courts to address certain kinds of claims (veterans, mental health, drugs, reentry, family, business); obligations of “open courts”; and the roles, rights, and functions of third parties—the public and media. The comparisons will include differences in state and federal, domestic and transnational, civil and criminal, and administrative and judicial proceedings. Throughout, we will look at how social and political movements have affected and do affect our understandings of what constitutes fairness and justice. All students participating credit/fail must submit six comments on readings. For graded credit, students will write a paper of no more than twenty pages on a topic of their choice related to the seminar and drawing upon the course materials. If students want to use the paper for Supervised Analytic Writing or Substantial Paper credit, they may do so, with permission of the instructors, and also receive an additional unit of credit. J. Resnik, J. Kalb, 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 J. Dawson

*†Lowenstein International Human Rights Clinic (21152) 4 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 include an overview of basic international human rights standards and their application; instruction in human rights research and writing skills; and critical examination of approaches to human rights advocacy and enforcement. The clinic will have one or more student directors. Permission of the instructors required. Enrollment limited to eighteen. J.J. Silk, S. Kwon, and H.R. Metcalf

*†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 the clinic will work on all aspects of cases involving press freedom, open government, free speech, and related issues. Clients include investigative journalists, traditional and new media organizations, activists, advocacy organizations, researchers, and academics. Pending matters typically include litigation under the First Amendment and Freedom of Information laws in both federal and state courts. The clinic’s cases involve a diverse array of issues, focusing in particular on national security, surveillance, privacy, technology, and government accountability. Students may also have the opportunity to engage in non-litigation advocacy and client counseling. The seminar will focus on substantive law, case discussions, skills training, and ethical issues. Students will have the opportunity to write related research papers. Permission of the instructors required. Enrollment limited to sixteen. D.A. Schulz, J.M. Manes, and J.M. Balkin

*Military Justice (21678) 3 units. This course will explore the character 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; lawful and unlawful command influence; the role of custom; and punishment. Current issues such as the treatment of sexual offenses, military commissions, government contractors and other civilians, command accountability, military justice on the battlefield, judicial independence, 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. Paper required. 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 assistance to pro se homeowners at the courthouse. Enrollment limited to twelve. J.L. Pottenger, Jr., and J. Gentes

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 satisfy the professional skills requirement through this course only if they receive 2 or more units. Also MGT 695b. J.G. Simon, M. Agsten, L.N. Davis, and B.B. Lindsay

Organizations: Directed Research (21218) 3 units. Recent decades have brought rapid and continuing innovation in organizational forms and organizational law for commercial, private noncommercial, and governmental enterprise. This supervised reading course will offer students a chance to explore aspects of these developments that interest them. Among the many topics that might serve as a focus for research 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 to promote it; the often vague distinction between governmental (public) and nongovernmental (private) organizational forms and their respective roles; the contemporary evolution of governmental forms such as municipalities and special-purpose governments; 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. Prerequisite: Business Organizations. Permission of the instructor required. Paper required. Substantial Paper or Supervised Analytic Writing credit available. Enrollment limited. H.B. Hansmann

The Original Jurisdiction of the Supreme Court (21759) 2 units. Focusing on a few fascinating cases, this course will examine a little-studied but critical part of the work of the Supreme Court of the United States. Under Article III, §2, cl. 2 of the Constitution, the original jurisdiction extends to “all Cases affecting Ambassadors, other public Ministers and Consuls and those in which a State shall be a party.” The class will closely analyze parties’ submissions as well as the Court’s decisions in the cases studied. Of particular interest are the historical background for and scope of the constitutional grant of jurisdiction; the important role of the original jurisdiction in the constitutional plan and its interaction with other provisions of the Constitution and the Court’s far broader discretionary appellate jurisdiction; Congress’s power with respect to the original jurisdiction; the sources of law to which the Court turns; the procedures it employs; and emerging issues. Paper required. E.R. Fidell

Philosophy of Law II (21408) 3 units. This course concerns philosophical topics that arise in connection with particular areas of law. Such topics include the justification of criminal punishment; discrepancy in punishment of attempted and completed crimes; the relevance of ignorance of the law to criminal responsibility; self-defense and other forms of preventive violence; the rationale for double-jeopardy restrictions; the conception of justice of import to tort law; the concepts of causation and intention in tort law; the relationship between promises and contracts; the fundamental rationale for property rights; the grounds for and nature of the individualization of the reasonable person standard; the rationale for variations in standards of proof across areas of law. A selection of such topics will be examined through consideration of both philosophical essays written about them and legal materials that bear on them. Paper required. Enrollment capped at twenty-five. Also PHIL 704b. G. Yaffe

The Philosophy of Law (21181) Units to be arranged. A writing seminar about, among other things, the problems created by the corporate form. J.G. Deutsch

Poverty and Work (21459) 2 units. This course will explore the major legal issues at the intersection of poverty and work. It will overview the historical and contemporary legal treatment of poverty under the Constitution and federal and sub-federal legislation. It will address the relationship between poverty and disability, with attention as well to the relationship between poverty and race, sex, and national origin. It will consider nontraditional approaches to combating poverty, including international perspectives. Throughout, the course will focus on the role of, and the challenges associated with, legal support for meaningful employment for individuals living in poverty. The written work required for the course will be four four-page analytic essays on course concepts and materials. Students interested in completing their Substantial Paper in connection with the written work required for the course may do so with the permission of the instructor. C. Jolls

Power, Status, and Negotiation (21336) 2 units. This course will introduce participants to social exchange theory and its application to negotiations. The class will first work to understand how structures of networks and resource dependence influence outcomes of negotiated and reciprocal exchange. To do this, the class will study four components of social exchange theory: resources, power, brokerage, and status, and evaluate questions such as: When are actors more or less likely to resort to coercive power? When are they more likely to resort to reward power? Which is more effective? How does status impact power and exchange outcomes? The class will then study how negotiation processes may be informed by structure in influencing outcomes of exchange. Here the class will evaluate when and how actors influence outcomes in their negotiations, using information about network structures and resource dependence models. Students participate in five negotiation exercises in and out of class and complete written assignments based on these exercises and the reading materials. Z.J. Eigen

Private Law and Public Order (21497) 2 or 3 units. This seminar will address the role played by private law in supporting and sustaining social stability in open, cosmopolitan societies. The course materials will address both legal doctrine and economic, moral, and political theory. For much of the term, the seminar will proceed as a workshop, at which outside speakers present manuscripts to be discussed with the students. Sessions toward the end of the term will be devoted to student work. Paper required. Enrollment limited. D. Markovits

Products Liability (21760) 3 units. This course will examine the law of products liability in depth, giving attention both to doctrinal and to theoretical aspects of the field. Self-scheduled examination. D. Kysar

*Professional Responsibility (21297) 3 units. This course will take up the central doctrines of the law governing lawyers and will place lawyering, as constructed through these doctrines, in a broader moral and especially political context. The course will thus take up the positive law and also the sociological and philosophical analysis of the legal profession and the lawyer’s social role. The course’s central theme will concern the contribution that partisan lawyering makes to the rule of law. Scheduled examination. D. Markovits

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 will 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,” and public land-use regulation. 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 instructors is required, timing and the involvement of outside agencies remove this clinic from the usual sign-up process for limited enrollment courses. K. Stith and L. Brennan

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, administrative law, and secondary sources, using online resources. Students will be required to complete a series of short research assignments. The course will meet once weekly for 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, J.B. Nann, J. Eiseman, J.G. 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. J.B. Nann, F.R. Shapiro, and M. Widener

The Science of Science Communication (21141) 2 units. The simple dissemination of valid scientific knowledge does not guarantee it will be recognized by non-experts to whom it is of consequence. The science of science communication is an emerging, multidisciplinary field that investigates the processes that enable ordinary citizens to form beliefs consistent with the best available scientific evidence, the conditions that impede the formation of such beliefs, and the strategies that can be employed to avoid or ameliorate such conditions. This seminar will survey, and make a modest attempt to systematize, the growing body of work in this area. Special attention will be paid to identifying the distinctive communication dynamics of the diverse contexts in which non-experts engage scientific information, including electoral politics, governmental policy making, and personal health decision making. Permission of the instructor required. Paper required. Also PSYC 601b. D.M. Kahan

Sentencing (21095) 3 units. This seminar will examine the history, philosophy, and administration of the criminal sentencing process. The class will study both state and federal sentencing systems, exploring the discretionary powers of judges and prosecutors in these systems and the ways in which discretion is constrained. The seminar will pay particular attention to the history of the United States Sentencing Guidelines and study how these guidelines have been applied in individual cases. The class will also examine the relationship between sentencing guidelines and the criminal code; the interplay between principles of proportionality, severity, and parsimony; and the impact of race, class, and gender on sentencing outcomes. Paper required. Enrollment limited. F.M. Doherty and S. Russell

Specialized Legal Research in Corporate Law (21489) 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 (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) 1 unit, credit/fail. Explores methods for finding the major sources of international law, including treaties and customary law; material from 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. 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. Minimum enrollment of five required. S.B. Kauffman, R. Harrington, E. Ma, and T. Miguel-Stearns

Sports Law: Seminar (21380) 2 units. An examination of the law relating to the organization of amateur and professional sports with the principal emphasis on the common law, antitrust, labor law, and intellectual property law. The economics of organizational problems will also be discussed. Scheduled examination or paper option. R.K. Winter

*†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. L. Greenhouse, A.J. Pincus, C.A. Rothfeld, and J.M. Balkin

Sustainability: Environment, Energy, and the Economy in the Twenty-First Century (21758) 2 or 3 units. This seminar will explore the interlocking set of challenges that stem from society’s desire for low-cost, clean energy that can support a vibrant economy and the simultaneous need to reduce pollution, address climate change, conserve natural resources, and address the other negative impacts of industrialization and economic growth. The seminar will review the data and analysis that flow from the Earth’s recent economic growth trajectory—and the origins of sustainability thinking from Aldo Leopold to Rachel Carson to Gro Harlem Brundtland. It will then unpack the ecological, political, economic, legal, institutional, and historical elements of sustainability as an overarching concept that might provide an alternative path forward. The 2015 version of this course is designed for Law and F&ES students interested in digging into various aspects of the “sustainability imperative” and in helping to develop an undergraduate sustainability course to be offered in 2016. Paper required. Enrollment limited to eighteen, with eight places allotted to Law students. Also F&ES 842b. D.C. Esty

Topics in Behavioral Law and Economics (21649) 2 units. This course will explore a range of issues at the intersection of law and human behavior, including people’s conduct under risk and uncertainty; the commitment to fairness; social influences; adaptation; subjective well-being; and implicit bias. Some discussion will be devoted to the uses and limits of paternalism and to the ability of the legal system to accommodate and respond to what we know about human behavior. The course materials will consist of articles from the social science and legal literatures. Paper required. The paper for this course may be used in satisfaction of either the Supervised Analytic Writing requirement (in which case the course should be taken for 3 rather than 2 units) or the Substantial Paper requirement. Enrollment limited. C. Jolls

*†Transnational Development Clinic (21650) 3 units, credit/fail, with a graded option. Students who enroll in the spring term will have the option to continue the fieldwork component in the fall term. Permission of the instructor required. Enrollment limited. M.I. Ahmad

Treaties and Other International Agreements in International and National Law (21460) 2 units. The focus will be on the law of treaties and other international agreements from the perspective of international law and U.S. constitutional law. At that interface, the class will be especially concerned with the making of agreements and their incorporation; the termination of agreements; the effect of provisional application regimes; and modus vivendi and unratified agreements. Scheduled examination or paper option. Enrollment capped at twenty-five. L. Brilmayer and W.M. Reisman

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

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 inbound transactions (income earned by foreign persons from investing and doing business in the United States) and 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 will explore recently proposed changes to U.S. international tax law and policy. Prerequisite: Federal Income Taxation. Self-scheduled examination. Enrollment capped at thirty-five. J.M. Samuels

U.S. Legal History: Directed Reading (21113) 2 units. This seminar will take up readings in the history of law in British North America and the United States from European contact into the 1960s and 1970s. Topics include law in the colonies and among Native peoples; legal controversies of the American Revolution and the Constitution; the laws of capitalism and slavery; the jurisprudence of the Civil War and Reconstruction; legal education and the legal profession; the rise of the administrative state; and the civil rights revolution and its aftershocks. Paper required. Enrollment limited to twenty. Also HIST 762b. J.F. Witt

*†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 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, 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 wrongful detention and deportation of immigrant veterans; and federal and state regulatory and legislative advocacy concerning veterans’ employment issues, treatment of service members with PTSD, and 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, M.M. Middleton, and B.Y. Li

White-Collar Criminal Defense: Law, Ethics, and Strategy (21430) 3 units. This course will consider the legal, ethical, and strategic challenges facing white-collar criminal defense lawyers, both those representing individuals and those representing entities, in this era of few trials and pressure to cooperate with the government. The class will examine all stages of white-collar representations, including the financial and psychological dimensions of being retained; developing information (through internal investigations and otherwise) and controlling the flow of information to the prosecutor and other defense counsel (including through joint defense agreements); persuading prosecutors not to bring charges; negotiating with the prosecutor for immunity or cooperation agreements for individuals and corporations (including deferred prosecution agreements); assertions of the Fifth Amendment privilege; the tension between individual and corporate representations; plea or trial strategies (including the use of jury consultants) and approaches to sentencing; and parallel proceedings (including investigations by the SEC, state AGs, foreign law enforcement authorities, and private civil litigation). The class will consider how the defense lawyer can succeed in disproving Dylan’s observation that “you can’t win with a losing hand.” Students must have taken at least one course in criminal law or criminal procedure. Regular “response” or “hypothetical” papers will be required throughout the term. Permission of the instructors required. K. Stith and D.M. Zornow

*†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, 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 units each term). The clinical course and fieldwork must be taken simultaneously in both terms. Enrollment limited. M.I. Ahmad, A.N. Hallett, and M.J. Wishnie

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