Yale University.Calendar.Directories.

Course Offerings

Fall Term

First-Term Courses

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

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

Procedure I (12001) 4 units. A.R. Gluck (Section A), H.H. Koh (Section B), D.N. Schleicher (Section C)

Torts I (13001) 4 units. G. Calabresi (Section A), D. Kysar (Section B), D.S. Grewal (Group 1), I. Kohler-Hausmann (Group 2), J.F. Witt (Group 3)

Advanced Courses

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

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

Advanced Advocacy for Children and Youth (30102) 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 Community and Economic Development Clinic (30104) 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 and C.F. Muckenfuss III

†Advanced Criminal Justice Clinic (30107) 2 units, graded or credit/fail, 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. Enrollment limited to fourteen. E.S. Robinson

Advanced Education Adequacy Project (30163) 1 to 3 units. Open only to students who have completed Education Adequacy Project. Permission of the instructors required. D.N. Rosen, A.A. Knopp, J.P. Moodhe, and H. Smith

Advanced Educational Opportunity and Juvenile Justice Clinic (30110) 1 to 4 units, graded or credit/fail, at student option. Open only to students who have completed the Educational Opportunity and Juvenile Justice Clinic. Permission of the instructors required. M.S. Gohara and E.R. Shaffer

Advanced Environmental Protection Clinic (30165) 1 to 3 units, credit/fail. Open only to students who have successfully completed the Environmental Protection Clinic. Students who complete this course for 2 or more units may satisfy the professional responsibility (*) or professional skills (†) requirement. Permission of the instructor required. Enrollment limited to twenty. J.U. Galperin

Advanced Ethics Bureau (30167) 1 to 3 units, credit/fail, with a graded option. This course is for students who have already taken either the Ethics Bureau at Yale clinic or the instructor’s course Traversing the Ethical Minefield, and who wish to earn 1 to 3 units by contributing further to the work of the Bureau. †Students may 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 Global Refugee Legal Assistance (30171) 2 or 3 units. A fieldwork-only option. Prerequisite: Global Refugee Assistance Project. Permission of the instructors required. R.M. Heller and K.A. Reisner

Advanced Immigration Legal Services (30114) 1 to 3 units, credit/fail, with a graded option. Open only to students who have completed Immigration Legal Services. Permission of the instructor required. J.K. Peters

Advanced Landlord/Tenant Legal Services (30116) 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 (30117) 1 to 3 units, credit/fail. Open only to J.D. students who have taken Legal Services for Immigrant Communities. Permission of the instructors required.Enrollment limited to four. D.E. Curtis, 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 (30174) 3 or 4 units. Open only to students who have completed the Lowenstein International Human Rights Clinic. Permission of the instructors required. J.J. Silk and H.R. Metcalf

Advanced Property (20671) 2 units. This course will examine the concepts of real and personal property, their social and economic construction, and their consequences for human welfare: What does it mean—philosophically, socially, and economically—to own a piece of land or personal item? How is ownership established? Who should decide how the property is used? In fact, how should it be used? The course initially approaches these questions from a theoretical perspective, discussing certain foundational texts in social and economic theory. In particular, it probes the limits of economic reasoning in understanding property institutions, and examines whether—and how—we can compensate for these limitations by introducing social, cultural, and moral elements into our analysis. The class will then apply these general theoretical arguments to a variety of empirical settings: American land use regimes, particularly zoning ordinances and regulations; contemporary land use regulations in several foreign countries, covering Continental Europe, East Asia, and Latin America; and historical property institutions in early modern Western Europe and East Asia. By emphasizing a comparative and historical approach, the course attempts to highlight the social and cultural assumptions underlying many traditional theories of property ownership and utilization. Permission of the instructor required. T. Zhang

Advanced San Francisco Affirmative Litigation Project (30179) 1 to 3 units, credit/fail, with a graded option. Open only to students who have completed Local Government in Action: San Francisco Affirmative Litigation Project. Permission of the instructor required. H.K. Gerken

†Advanced Supreme Court Advocacy (30181) 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, P.W. Hughes, M.B. Kimberly, and J.M. Balkin

Advanced Veterans Legal Services Clinic: Fieldwork (30126) 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, B.Y. Li, J. Parkin, and M.M. Middleton

Advanced Veterans Legal Services Clinic: Seminar (30125) 1 unit, graded or credit/fail, at student option. A weekly seminar session only for returning students. Prerequisite: Veterans Legal Services Clinic. Permission of the instructors required. M.J. Wishnie, B.Y. Li, J. Parkin, and M.M. Middleton

Advanced Worker and Immigrant Rights Advocacy Clinic: Fieldwork (30130) 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.J. Wishnie, A.N. Hallett, and J. Parkin

Advanced Worker and Immigrant Rights Advocacy Clinic: Seminar (30129) 1 unit, graded or credit/fail, at student option. A weekly seminar session only for returning students. Prerequisite: Worker and Immigrant Rights Advocacy Clinic. Permission of the instructors required. M.J. Wishnie, A.N. Hallett, and J. Parkin

†Advanced Written Advocacy (30218) 3 units. This seminar will train students to advocate for their clients more effectively. To improve students’ strategic writing, we will scrutinize excellent trial motions and appellate briefs to see how top practitioners tell their clients’ stories, organize and build legal arguments, and advance their clients’ strategic interests. We will also review numerous other types of litigation-related documents, including letters, memoranda, complaints, and document requests. Although the course will provide a fair amount of instruction about the stylistic side of “legal writing,” it will focus on advocacy’s more substantive facets. Students will prepare several assignments, at least one of which will be prepared as part of a team. N. Messing

*†Advocacy for Children and Youth (30101) 3 units, credit/fail. Students in this clinical seminar will represent children and youth in abuse, neglect, and uncared for cases, and potentially in termination of parental rights cases, in the Superior Court for Juvenile Matters and certain related matters. Class sessions will focus on substantive law, ethical issues arising from the representation of children and youth in the relevant contexts, interviewing and lawyering competencies, case discussions, and background materials relating to state intervention into the family. Class will meet weekly with occasional supplemental sessions to be arranged. Additionally, students will attend weekly case supervision sessions. Casework will require, on average, ten to twelve hours weekly, but time demands will fluctuate over the course of the term; class time will be concentrated in the first half of the term. Enrollment limited to four. J.K. Peters

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

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

*†Appellate Advocacy: The Art of Appellate Practice and Procedure (30196) 3 units. 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

†Appellate Litigation Project (30200) 4 units (2 fall, 2 spring), graded or credit/fail, at student option. Students in the Appellate Litigation Project will represent pro se clients before the United States Court of Appeals for the Second Circuit. Under the supervision of Yale faculty and attorneys from the appellate group at Wiggin and Dana, teams of two students will work on cases referred through the Pro Bono Counsel Plan for the Second Circuit. This program provides legal representation to pro se appellants with meritorious civil cases pending before the court. The issues raised in these cases may include immigration, employment discrimination, prisoners’ civil rights, and other section 1983 claims. The project will focus on prisoners’ civil rights but may also include other types of cases. Students will take primary responsibility for drafting the briefs in their assigned case, and one of them will deliver oral argument before the Second Circuit. In the instructional portion of the project, students will learn principles of appellate law and practice, including concepts such as standard of review, preservation of issues, and understanding the appellate record. Students will also receive instruction in brief writing and oral advocacy. Due to the briefing and argument schedule for a civil appellate case, this is a two-term offering. This course is not open to M.S.L. students. Permission of the instructors required. Enrollment limited to four or six students depending on case assignments. S.B. Duke, B.M. Daniels, and T. Dooley

Art and Cultural Property Law (20601) 2 or 3 units. Topics in the law of artist’s rights, art markets, and cultural property. The course will include such topics as moral rights, the right of publicity, law relevant to art galleries and dealers, auctions and museums, as well as problems in the protection of cultural property. Paper required. Enrollment limited to sixteen. J.Q. Whitman

Art and International Human Rights: Theory and Practice (20581) 3 units, graded, with a credit/fail option. This seminar will examine the dynamic connections between art and artistic practices and international human rights. Through readings, guest speakers, and workshops with artists, the seminar will consider the possibilities of art as an agent of social change; the relationships between aesthetics, politics, and ethics, with special attention to representations of suffering and atrocity; case studies of collaboration among artists, lawyers, and advocates; and issues of truth and objectivity in documentary. Students will also participate in collaborative projects with commissioned artists (for example, visual artists, playwrights, or choreographers), working closely with them in the design, research, and realization of new works. Student work on these projects will take the form of an “artistic research clinic.” Guest speakers will include scholars, artists, curators, and human rights practitioners from across the world. Graduate students from diverse disciplines are encouraged to enroll. Paper required. Permission of the instructor required. Enrollment limited to fifteen. J.J. Silk

[The] Art of Argument: How to Write about the Law (20623) 2 units. 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. In the court of public opinion, it is especially important that lawyers write and speak in crisp, engaging, and persuasive terms. 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, or 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. Midterm examination and take-home final examination of short essay form. Also ECON 527a/MGT 565a. R.J. Shiller

Bioethics and Law (20571) 2 or 3 units. Participants in this seminar will discuss the regulation by the federal government and, more importantly, by the states, of a number of current issues in biomedical ethics. Topics to be discussed include end-of-life care and aid-in-dying; abortion, assisted reproduction, and related family-law issues; experimentation on human subjects and on human tissues; organ recruitment, donation, and transplantation; and issues relating to informed consent and privacy. We will take brief comparative looks at other countries’ regulations in some areas. Students will earn 2 units for a twenty-page paper, 3 units for a longer paper. Paper required. Enrollment limited to twenty. S. Latham

Business Organizations (20219) 4 units. This course will survey the law of business organizations with an emphasis on publicly traded corporations. The course will consider conflicts among shareholders and between shareholders and managers. We will survey the powers and duties of boards of directors and controlling shareholders and will address basic elements of finance as well as mergers and acquisitions, proxy fights, and insider trading. We will pay particular attention to Delaware corporate law. We will also consider aspects of the law of agency and partnership. Self-scheduled examination. J.D. Morley

†Capital Punishment Clinic (30161) 6 units (3 fall, 3 spring), credit/fail in the fall term, with the option of graded credit in the spring. Students will gain firsthand experience in capital defense, working as part of a team representing indigent defendants facing the death penalty in cases being handled by the Southern Center for Human Rights in Atlanta, the Equal Justice Initiative in Montgomery, Alabama, or Connecticut Public Defenders. Projects and case assignments will vary according to the position of each clinic case in the process, but all projects will require legal research, analysis, and writing, strategy meetings with team members, and preparation for appellate arguments and may include interviews with clients or witnesses. Students will complete at least one substantial writing assignment, such as a portion of a motion, brief, or memorandum of law. Opportunity for summer travel to the South to conduct research and investigation with the Southern Center for Human Rights is available but not required. Students may enroll in either the fall or spring term, or both. The course is limited to students who have taken Capital Punishment: Race, Poverty, and Disadvantage. Permission of the instructors required. Enrollment limited to four. S.B. Bright, A.M. Parrent, and S.M. Sanneh

[The] Changing Health Care Industry (20467) 1 unit, credit/fail. This course will investigate the legal and policy implications of the increasing consolidation and integration of the health care industry. For example, how does the practice, payment, and quality of medicine change when providers are also insurers? or when providers are acquired by hospitals? The course is motivated by the inaugural conference of the Solomon Center for Health Law and Policy at Yale Law School, cosponsored by the Yale School of Management, on November 13, 2015, which will bring together health care, business, and antitrust leaders across academia, government, and industry to think about these matters. No prior experience in health care or antitrust is required; the goal is for all to learn. Students will be expected to attend the conference, as well as three preconference seminar sessions and one postconference session. Students in the seminar will also be invited to all special conference events. Students wishing to receive a credit will either write a very short comment (online or in print) in conjunction with the conference, or assist with the publication of a book coming out of the conference. This course will take an interdisciplinary approach, investigating the impacts and effects from the perspective of physicians and hospitals, insurers and manufacturers, policy makers and government enforcement agencies, lawyers and economists. Given that this topic cuts across a number of academic fields, the readings will do the same. The course is open to students from the Law School and from the Schools of Management, Medicine, and Public Health. Permission of the instructors required. Enrollment limited to twenty-five. A.R. Gluck, M. Hall, M. Ulrich, and M. Wulff

Chemical Controls (20526) 2 or 3 units. This advanced environmental law course will build upon the survey course in environmental law and policy (which is not required but is useful) and will apply the concepts discussed in the survey course to the issue of regulating chemicals. The basic objective is to acquaint students with the similarities and differences among the U.S., EU, and Chinese approaches to regulating chemicals, biotechnology, and nanotechnology. We will begin with an examination of the basic paradigms of Quantitative Risk Assessment in the United States and the Precautionary Principle in the European Union. We will use a set of reading materials and articles that includes portions of the U.S. Toxic Substance Control Act (TSCA), proposed amendments to reform TSCA, the EU regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), China REACH, and the EPA, FDA, and USDA approaches relating to biotechnology, the EU Labelling and Traceability Law, the U.S.-coordinated effort on nanotechnology, and the EU White Paper Towards a European Strategy for Nanotechnology. The prospects for greater international harmonization in the regulation of chemicals will also be considered. Students will conduct and report on their research on topics related to the course. The emphasis will be on what the United States, the European Union, and China can learn from one another to improve their regulatory systems. Self-scheduled examination or paper option. Enrollment limited to twenty-five. E.D. Elliott

Chinese Law and Society (20670) 2 units. This course will survey law and legal practice in the People’s Republic of China. Particular attention is given to the interaction of legal institutions with politics, social change, and economic development. Specific topics include, among others, the Party State, state capitalism, the judiciary, property law and development, business and investment law, criminal law and procedure, media (especially the Internet), and major schools of Chinese legal and political thought. Prior familiarity with Chinese history or politics is unnecessary but helpful. All course materials will be in English. Paper required. Permission of the instructor required. Enrollment limited to fifteen. T. Zhang

†Civil Litigation Practice (30197) 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

*†Community and Economic Development Clinic (30103) and Fieldwork (30131) 2 units, credit/fail or graded, at student option, for each part (4 units total). The clinic and fieldwork must be taken simultaneously. CED explores the role of lawyers and the law in building wealth and opportunity in low-income communities. The clinic focuses on issues of neighborhood revitalization, social entrepreneurship, sustainable development, 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. These client organizations share an interest in promoting economic opportunity and socioeconomic mobility among low- and moderate-income people. 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, providing tax advice, drafting and advocating for legislation, and appearing before administrative agencies. CED engages 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. The class seminar will meet once a week for two hours and once a week for one hour and will cover federal, state, and local policies affecting urban and suburban places; substantive law in tax, real estate development, and corporate governance; and transactional and regulatory lawyering skills, such as negotiating and drafting contracts. 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 and C.F. Muckenfuss III

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

Comparative Constitutional Law (20140) 2 units, or more units with permission of the instructors. An effort to define the key concepts adequate for an evaluation of the worldwide development of modern constitutionalism since the Second World War. Enrollment limited. Also PLSC 709a. B. Ackerman and R. Albert

Comparative Constitutional Law: Seminar (20121) 2 units. This seminar will provide a comparative perspective on American 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

Comparing U.S. and European Constitutionalism (20542) 2 units. Modern constitutionalism was invented in the United States but soon adopted in many European countries. Both constitutional systems undoubtedly belong to the type of liberal democracies. But there are also striking differences, for instance in the historical origin that continues to exercise its influence today, in the understanding of fundamental rights, the separation of powers, the function and acceptance of judicial review, constitutional amendments, the attitude toward international law, etc. Knowledge of these differences sharpens the understanding of one’s own constitutional system, makes the deeper roots behind the differences visible, and furnishes alternatives that may be useful when it comes to interpreting constitutions and solving constitutional conflicts. At the end, the question will be asked whether or not the constitutionalization process in the EU follows the American model of 1787. This course will meet for the first half of the term, between September 2 and October 7. Self-scheduled examination or paper option. D. Grimm

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. Amar, America’s Constitution: A Biography (2005); P. Bobbitt, Constitutional Interpretation (1991); and A. Amar, America’s Unwritten Constitution (2012). Self-scheduled examination or paper option. A.R. Amar and P.C. Bobbitt

†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.A. Meyer and J.M. Walker, Jr.

Convicting the Innocent (20044) 2 or 3 units. This course will explore the causes of and remedies for miscarriages of justice in which persons other than the perpetrators of criminal offenses are found guilty. The course will examine the processes of memory and suggestion, cognition, belief formation and resistance to change, lying and lie detection, the motivations and opportunities for fabricating evidence, imposter and unqualified experts, incompetent lawyers, poverty, and their relationships to legal rules and practices. Among the specific contexts in which the examinations will occur are allegations of child sexual abuse, stranger rapes, robberies, and murders. Some attention will be paid to the special problem of capital punishment. Students will probably be asked to present a topic during the term 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 November 30 may receive writing credit in lieu of the examination. Others will take an open-book examination, for which they will receive 2 units of credit. The credits awarded for papers will depend on the work involved in the paper. Papers may qualify for Supervised Analytic Writing or Substantial Paper credit. Scheduled examination or paper option. Enrollment limited to twelve. S.B. Duke

†Corporate Crisis Management (30215) 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 data breaches at Sony Pictures Entertainment, Target, and Home Depot; 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 Environmental Management and Strategy (20490) 3 units. This survey course will focus on understanding how adroit environmental management and strategy can enhance business opportunities; reduce risk, including resource dependency; promote cooperation; and decrease environmental impact. The course will combine lectures, case studies, and class discussions on management theory and tools, legal and regulatory frameworks shaping the business-environment interface, and the evolving requirements for business success (including how to deal with diverse stakeholders, manage in a world of transparency, and address rising expectations related to corporate responsibility). This course will meet according to the School of Forestry & Environmental Studies calendar. Paper required. Permission of the instructors required. Enrollment limited to forty, from all Yale schools; ten seats are reserved for Law students. Also F&ES 807a and MGT 688a. D.C. Esty and M.R. Chertow

*†Criminal Justice Clinic (30105) and Fieldwork (30106) 2 units, credit/fail, with a graded option, for each part (4 units total). The clinic and fieldwork must be taken simultaneously. Students represent defendants in criminal cases in the Geographical Area #23 courthouse (the “GA”) on Elm Street in New Haven. Students handle all aspects of their clients’ cases under the direct supervision of clinical faculty. Students learn how to build relationships with clients, investigate and develop their cases, construct persuasive case theories, negotiate with opposing counsel, prepare motions and briefs, and advocate for clients in court. Students also explore the legal framework governing the representation of clients in criminal cases, including the rules of professional responsibility. Throughout, students are encouraged to think critically about the operation of the criminal justice system and to reflect on opportunities for reform. Because of the frequency of court appearances, students must keep two mornings a week (Monday–Friday, 9 a.m.–1 p.m.) free from other obligations. Students must also return to the Law School in time to participate in an August 27 and 28, 2015, orientation program intended to prepare them for criminal practice. Enrollment limited. F.M. Doherty, S.O. Bruce III, and T. Ullmann

Criminal Justice Reform: Theory and Research in Action (30182) 3 units, credit/fail. We are at a pivotal moment with respect to American policing (and arguably the U.S. criminal justice system more generally). Police shootings in places such as Ferguson, North Charleston, and Cleveland—as well as the death of Eric Garner after police put him in a chokehold in Staten Island and the death of Freddie Gray after he was transported in a police van in Baltimore—have brought national attention to the questions of how police should do their jobs and even how that job should be defined. Perhaps at no point since the 1960s, when the Kerner Commission wrote an influential report on American policing following a period of widespread urban unrest, have long-held assumptions about the purposes and methods of policing been called so deeply into question. Academics and researchers can and should be a part of the conversation about how to make policing (and all of the components of criminal justice operation) simultaneously more effective, just, and democratic. Participants in this workshop will explore theories (procedural justice, legitimacy, social network analysis, implicit bias, among others) and empirical findings that are being marshaled to rethink the function and form of policing. They will also engage in research projects and public policy advocacy that aim to give these ideas practical effect. Our immodest goal is that participants should have an opportunity to help define the face of American policing in the twenty-first century. We meet weekly; preparation and attendance at these discussions are required for credit. If you need to miss a class, please be in touch with the instructors in advance of the meeting. Students missing more than two sessions without permission will not receive credit. Graded credit may be available to students who wish to write papers (including Substantial Papers and Supervised Analytic Writing papers) in connection with this course. Enrollment limited to twenty. Permission of the instructors required. T.R. Tyler and M. Quattlebaum

Criminal Law and Administration (20061) 4 units. An introduction to criminal law and its administration, including the requisites of criminal responsibility, the defenses to liability, inchoate and group crimes, sentencing, and the roles of legislature, prosecutor, judge, and jury. This course is given in several sections; it must be taken before graduation. 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. J.Q. Whitman

Criminal Procedure: Charging and Adjudication (20359) 4 units. This course has also been called Criminal Procedure II. We will examine the law governing prosecution and criminal trials in the United States. While I hope that some significant portion of the class will already have taken a course on criminal law, criminal investigation, evidence, or federal courts, there is no prerequisite for this course. The emphasis will be on the rules and practices of the state and federal courts in the United States, but we will also consider some comparative criminal adjudicative mechanisms. Students will be expected to critically consider the proper standards and institutions for provision of defense counsel and for regulating the grand jury, formal criminal charging, pretrial release, plea bargaining, discovery, speedy trial, jury selection, jury trial, sentencing, direct appeal, and collateral review of convictions. Scheduled examination. K. Stith

Criminal Procedure: Investigation (20270) 3 units. This course will cover the law regulating searches and seizures (including electronic eavesdropping); the interrogation of suspects, witnesses, and defendants; bail; preliminary hearings; grand jury proceedings; and the right to counsel. Attendance and participation may be considered in grading. Students who regularly do not attend will be dropped from the class. Scheduled examination. S.B. Duke

Critical Legal Theory (20263) 2 units. Critical movements in American legal scholarship emerged between 1975 and 1990. These movements debated the value of rights discourse and studied how legal argument and legal culture either obscured or apologized for continuing injustices in American society. In this course, we will revisit some of the scholarly work published during this period and consider whether it has relevance for today’s world. We will also read selected contemporary work in order to ask what a critical approach to law would look like in the twenty-first century. Self-scheduled examination or paper option. Enrollment limited to fifteen. J.M. Balkin

Decarbonizing the U.S. Power Sector: Driving U.S. Climate Policy under the Clean Air Act (20620) 2 units. The Obama Administration’s Clean Power Plan (CPP) is the centerpiece of its efforts to drive down power plant emissions of greenhouse gases linked to climate change. Since the final CPP will be released in the summer of 2015, this seminar will be well-timed to tap into the enormous interest and debate that the CPP has engendered. It will unfold against the backdrop of intensive efforts by policy makers, lawyers, and experts to understand the final rule and its implications, evaluate legal and political options, and begin implementation. Applying a multidisciplinary perspective, the seminar will examine the interplay between the legal, economic, and political dimensions of the CPP. Key areas of focus will be: how the CPP relates to the larger context of climate science; the relationship between the CPP and historical efforts to address climate change; the strengths and limitations of the Obama Administration’s aggressive reliance on the Clean Air Act; the effectiveness of different emission reduction tools; key criticisms of the CPP proposal and how the final rule addresses them; the energy policy and regulatory choices states must make during implementation; and the timing and likely outcome of legal challenges. The goal is to give students an understanding of the CPP’s role in climate science and policy and a nuts-and-bolts immersion in the practical realities of implementing a complex regulatory framework. Paper required. Enrollment capped at nine Law students. Also MGT/F&ES. R. Sussman

Decision Making under Conditions of Uncertainty (20626) 1 unit. The course will focus on government and private decision making under conditions of high normative diversity and epistemological uncertainty. The class will focus on how policy makers should respond to the unpredictable events now overtaking the Ukraine. The class will be co-taught by Dean Robert Post and Timothy Collins, and during its meetings in September and November, the class will be co-taught by the Baroness Catherine Margaret Ashton, former High Representative of the Union for Foreign Affairs and Security Policy and First Vice President of the European Commission. For most meetings, the course will feature guest speakers. The economist Roger Myerson will co-teach the first class on strategic decision making; the political scientist Graham Allison will co-teach the second class on supplementing rational actor models. We are still in the process of determining future speakers, but they will include experts on the present Ukrainian crisis. We will also likely devote a class to evaluating normative claims for secession. Paper required. Enrollment limited to fourteen Law students. Also MGT/GLBL 597a. R.C. Post, T. Collins, and C. Ashton

Democracy and Distribution (20538) 2 units. The attention showered in 2015 on Thomas Piketty’s book Capital in the Twenty-First Century brought issues of inequality in the distribution of income and wealth to the forefront of public and scholarly attention. An enormous body of research has been produced over the past two decades to understand the nature of the dramatic rise in inequality, especially in the United States, and its causes. A long list of proposals for legal change has emerged in response to the outpouring of data and analysis. This course will explore the facts and the causes of and political barriers to potential responses to these recent developments, principally but not exclusively in the United States. Ultimately, the question requires an examination of the relations between democracy and the distribution of income and wealth. Particular attention will be paid to the ways in which different groups, classes, and coalitions affect, and are affected by, democratic distributive politics. Attention will be paid to theories of distribution, politics of distribution, distributive instruments, and the implementation of policies affecting distribution. Substantive topics covered will include, for example, regulation, protectionism, taxes, social insurance, welfare, public opinion, education, and unions. This course will meet according to the Yale College calendar. Supervised Analytic Writing or Substantial Paper credit possible, with permission of the instructors. Paper required. Enrollment limited to ten Law students. Also PLSC 287a/EP&E 411a. M.J. Graetz and I. Shapiro

†Dialogue between the Highest Courts: Cooperation, Cohabitation, or Conflict? (20666) 2 units. One of the emerging trends in modern countries is the development of so-called multinational dimensional protection of individual rights. In consequence, questions concerning protection of those rights may be addressed in parallel under different norms of reference (for example, national constitutions as well as international and supranational instruments) and adjudicated before different (national, international, and supranational) judicial bodies. While potentially beneficial for protection of rights, multinational dimensional protection may result in jurisdictional overlaps. From the national perspective, there may be an endemic competition between a supreme court and a constitutional court. From the international perspective, there may be no clear borders between jurisdiction of different courts, as is the case with the two European highest courts: the European Court of Human Rights and the Court of Justice of the European Union. And, finally, from the cross-level perspective, national and international courts may be called to decide on the same matter. It generates a considerable potential for conflict, as it is in the nature of every highest court that it may not be willing to accept limitations to its jurisdictional supremacy. This seminar will identify and review several examples of dialogue between the highest courts. The class will mostly focus on different European systems and will devote particular attention to cases concerning individual rights and liberties. We will see that, in the realities of judicial dialogue, different courts arrive at different solutions and—while quite often there is a common will to cooperate—some courts could hardly resist the temptation to enter into an open conflict. In brief, this seminar will serve as an introductory guide into the complicated system of constitutional and international jurisdictions in the modern world. Paper required. Enrollment capped at seventeen. L. Garlicki

*†Education Adequacy Project (30162) 3 units. The Education Adequacy Project (EAP) provides a unique opportunity for students to participate in and help lead institutional reform litigation. The 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. A major, multiweek trial is scheduled to begin in October 2015 and, barring a change in schedule, the next term will involve supporting, attending, and participating in the trial. Students have to date played a significant role in determining the case’s litigation strategy. Class time is devoted to litigation strategy and discussion with supervising attorneys, training in litigation skills, and internal clinic logistics. New students should be aware that it may be difficult to become fully oriented with the case in the short time between the beginning of the term and the anticipated start of trial. The clinic, however, will accept a limited number of new students if they are exceptionally interested and eager to participate. Permission of the instructors required. D.N. Rosen, A.A. Knopp, J.P. Moodhe, and H. Smith

Employment Discrimination Law (21310) 4 units. This course will examine the regulation of employment discrimination through Title VII of the Civil Rights Act of 1964 and related laws. It is an introductory, but comprehensive course that emphasizes the major analytical frameworks for conceptualizing race and sex discrimination—and equality—in the workplace. The course will combine a pragmatic, litigation-oriented perspective with a theoretical, sociological one, as it investigates the assumptions underlying various legal approaches and situates legal trends within larger social and historical contexts. The course will provide a solid theoretical foundation for understanding differing conceptions of discrimination and equality in other areas of law, such as anti-discrimination law and constitutional law. It will also provide students with the background necessary to deal with discrimination problems in a clerkship or practice setting. Scheduled examination. V. Schultz

*†Environmental Protection Clinic (30164) 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). Students may propose projects and client organizations, subject to approval by the instructor. Brief statement of interest required; please e-mail joshua.galperin@yale.edu for information. Enrollment limited to thirty. Also F&ES 970a. J.U. Galperin, D. Hawkins, and L. Suatoni

*†Ethics Bureau at Yale: Pro Bono Professional Responsibility Advice and Advocacy (30166) 3 units. Lawyers’ need for ethics advice, consultation, and expert opinions is not limited to those whose clients 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 have provided essential assistance preparing amicus briefs in numerous Supreme Court cases. A few of these cases resulted in victory for the petitioner and citations to the amicus brief in the majority opinions. The work of the Bureau consists of four major components. First, the Bureau provides ethics counseling for pro bono organizations such as legal services offices, public defenders, and other NGOs. Second, the Bureau prepares standard-of-care opinions relating to the conduct of lawyers, prosecutors, and judges that are required in cases alleging ineffective assistance of counsel and other challenges to lawyer conduct. Third, from time to time, the Yale Ethics Bureau provides 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, citing the amicus brief of the clinic. Fourth, the Bureau provides ethics opinions for the National Association of Public Defenders, position papers for various American Bar Association entities, articles for law reviews and other publications, and editorials on topics of current interest. The twelve students working at the Bureau meet for class two hours per week and are expected to put in approximately ten hours on Bureau projects each week. The classroom work explores the law governing lawyers, but also considers 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.” We 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. We also will consider the way that globalization and the emergence of economic interactions among many different cultures have affected attitudes and practices related to ethics. We also will consider 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. G. Fleming and J.R. Macey

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

Federal and State Courts in a Federal System (20366) 4 units. The “Federal Courts” play a central role in today’s 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 context of the 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 also consider concepts of federalism comparatively. Class participation will be part of the final grade. No credit/fail option. Self-scheduled examination. Enrollment capped at seventy-five. J. Resnik

Federal Income Taxation (20222) 4 units. An introductory course on the federal income taxation of individuals and businesses. The course will provide an overview of the basic legal doctrine and will emphasize statutory interpretation and a variety of income tax policy issues. The class will consider the role of the courts, the Congress, and the IRS in making tax law and tax policy and will apply (and question) the traditional tax policy criteria of fairness, efficiency, and administrability. Topics will include fringe benefits, business expenses, the interest deduction, the taxation of the family, and capital gains. No prerequisites. No preference given to third-year students. Scheduled examination. Enrollment capped at ninety. Y. Listokin

Federal Indian Law (20038) 3 units. This course will examine the trajectory of legal relations between Native American tribes and the federal and state governments. Particular attention will be given to shifting federal policies, tribal sovereignty and legislative competence, constitutional rights, tribal membership, criminal law (including the evolving jurisdiction of tribal courts following enactment of the Violence Against Women Reauthorization Act of 2013), family law, taxation, gaming, and the protection of natural and cultural resources. The American experience will be evaluated in light of the 2007 United Nations Declaration on the Rights of Indigenous Peoples, the case law of other countries with indigenous populations, and decisions of international human rights bodies. There may be a field trip to one of the Connecticut reservations. Self-scheduled examination. E.R. Fidell

Financial Reporting: A Legal Perspective (20405) 3 units. Financial Reporting will help students acquire basic accounting knowledge that is extremely useful in the day-to-day practice of law. Accounting systems provide important financial information for all types of organizations across the globe. Despite their many differences, all accounting systems are built on a common foundation. Economic concepts, such as assets, liabilities, and income, are used to organize information into a fairly standard set of financial statements. Bookkeeping mechanics compile financial information with the double entry system of debits and credits. Accounting conventions help guide the application of the concepts through the mechanics. This course provides these fundamentals of accounting and more. It looks at how U.S. Generally Accepted Accounting Principles (GAAP) report transactions and events. The methodology will always be the same: understand the underlying economics of the transaction, and then understand GAAP. A key goal of the course is to have the student develop the ability to infer the economic events and transactions that underlie corporate financial reports. The institutional context within which financial reports are produced and used also plays a vital role in extracting and interpreting the information in those reports. The cases we study are invariably embedded in some context, and we will explore important elements of this context as they arise. Scheduled examination. R. Antle and S.J. Garstka

[The] Foundations of Legal Scholarship (20653) 3 units. This seminar will focus on legal scholarship, including some older classics as well as newer work that we consider important. Books, articles, and papers will cover a wide range of subject areas and methodologies in both public law and private law. Permission of the instructors required. P.W. Kahn and D. Markovits

Health Law (20576) 3 units. This course will introduce students to the structure, financing, and regulation of the health care system and proposals for its reform. Legal topics include the Affordable Care Act, Medicare, medical staff disputes, health care antitrust, HMOs, and insurance regulation. Self-scheduled examination. Enrollment capped at forty. M. Hall

Human Dignity: Research Seminar (20500) 2 units. Human dignity has been a part of Western society for more than 2,500 years and was formed as a theological and philosophical concept. In the wake of the Second World War, and following the atrocities committed by the Nazis and the Holocaust of the Jewish people, human dignity became an important concept in international law, constitutional law, and legal theory. This research seminar will focus on understanding the legal concept of human dignity. It will focus on issues such as the importance of the intellectual history of human dignity to the modern legal concept; the relationship between the religious meaning of human dignity and the legal meaning; the contributions of Kant, Dworkin, and Waldron to the understanding of human dignity as a modern legal concept; what is human dignity as a constitutional value; the relationship between the right to human dignity and other human rights; what does human dignity as a value or a right contribute to legal issues such as discrimination, the death penalty, abortion, and bioethics (cloning, stem cell research, genetic engineering); is there a difference between constitutions that expressly recognize human dignity and those that recognize it through implication; the role that human dignity plays in the American Bill of Rights; and the role of comparative law in understanding human dignity. Students will meet individually with the instructor during the term to discuss their papers. Hours to be arranged. Paper required. Enrollment limited to twenty. A. Barak

Human Rights Workshop: Current Issues and Events (20134) 1 unit. Conducted in workshop format, the course will examine contemporary issues in human rights practice and theory. Guest speakers, including scholars, advocates, and journalists, will present each week on a diverse range of topics in human rights, including sessions on progressive constitutions in Latin America and on art and human rights. Readings are generally distributed in advance of each session. Students prepare short response papers before several of the sessions and are responsible for asking the speaker a question at each of those sessions. The workshop will meet approximately every other week. P.W. Kahn and J.J. Silk

*†Immigration Legal Services (30113) 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 four. J.K. Peters

*In-House Lawyering: Ethics and Professional Responsibility (20123) 3 units. This course will provide an introduction to identifying, analyzing, and resolving (or at least mitigating) ethical challenges and professional responsibility issues. The challenges that corporate (or “in-house”) counsel face will be our primary context because corporate counsel, as opposed to attorneys operating within a law firm or a government agency, generally must identify and resolve ethical issues with limited external support. This course will be a thematic weekly seminar, with each class generally being dedicated to a specific issue or representational situation. Guest lecturers will occasionally supplement class discussion. There will be no foundational text, but students will need to purchase a bound copy of the ABA Model Rules of Professional Conduct and the Restatement. The readings for the course will be published opinions, law journal articles, and articles from the popular media (which will be available online or through Westlaw/Lexis). Previous exposure to professional responsibility concepts (e.g., another ethics class or prior preparation for the MPRE) is useful but is by no means a prerequisite. Self-scheduled examination. Enrollment capped at thirty. B.T. Daly

International Arbitration: Seminar (20643) 2 units. This research-oriented seminar will focus on both international commercial and investor-state arbitration. In recent decades, the importance of both has exploded into prominence, prompting a wave of new scholarship. Students will read and discuss the most important recent research in the field in view of developing research projects of their own. Student collaboration on a project is encouraged. A paper or literature review is required. A. Stone Sweet

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 (and their negotiation) concluded to encourage and regulate foreign investment, the international law and procedure applied in the third-party resolution of international investment disputes, and the critical policy issues that must now be addressed. Papers may qualify for Substantial Paper or Supervised Analytic Writing credit. Scheduled examination or paper option. Enrollment capped at twenty-five. W.M. Reisman and G. Aguilar-Alvarez

†International Law and Foreign Relations: Seminar (20545) 4 units. This course will offer an opportunity to study, research, and participate in current legal debates over international law and foreign relations. Students will work on research topics selected by the instructor and the class from among those presented by U.S. congressional staff, executive branch lawyers, or nonprofit groups working on issues relating to international law or foreign relations law. Research projects may also be generated by the class itself. In past years, the seminar has researched topics including the law of cyber-attack, the power of the U.S. government to detain terrorism suspects, the scope of the Treaty Power, the relationship between human rights law and the law of armed conflict, extraterritorial application of human rights obligations, the law governing the U.S. targeted killing program, and the legal requirements of various human rights treaties. The seminar has also submitted amicus briefs to the D.C. Circuit and U.S. Supreme Court. Students will work both individually and in small groups to write reports on selected topics and, as appropriate, produce recommendations for reform. Weekly class meetings provide an opportunity for students to present and discuss their ongoing research. Students will also have an opportunity to meet with attorneys and policy makers who are directly involved in the legal debates on which the class is working. Substantial Paper credit is available. Enrollment limited to eight. O. Hathaway

Jurisprudence (20279) 2 units. This is a reading group on legal theories, including naked power, natural law, positivism, sociological jurisprudence, American legal realism, and policy sciences. Readings will be examined both on their own terms and from the perspective of the New Haven School. We will meet as a group nine times over the course of the term as well as one-on-one with the instructor. Paper required and may be acceptable for Substantial Paper or Supervised Analytic Writing credit. W.M. Reisman

Justice (20104) 4 units. An examination of contemporary theories, together with an effort to assess their practical implications. Authors this year will include Peter Singer, Richard Posner, John Rawls, Robert Nozick, Michael Walzer, Iris Marion Young, and Roberto Unger. Topics: animal rights, the status of children and the principles of educational policy, the relation of market justice to distributive justice, the status of affirmative action. Self-scheduled examination or paper option. Also PLSC 553a/PHIL 718a. B. Ackerman

†Landlord/Tenant Legal Services (30115) 3 units, credit/fail. Students in this clinical seminar will provide legal assistance, under the supervision of clinical faculty, to low-income tenants facing eviction in the New Haven Housing Court. Topics to be covered in discussions and class materials will include the substantive law of landlord-tenant relations, the Connecticut Rules of Practice and Procedure, ethical issues arising in the representation of clients, social and housing policy, and the development of lawyering skills, particularly in interviewing, litigation, negotiation, and mediation. Weekly class sessions and supervision sessions, plus eight to twelve hours per week of casework. Enrollment limited to eight. F.X. Dineen and J.L. Pottenger, Jr.

Law, Economics, and Organization (20036) 1 unit, credit/fail. This seminar will meet jointly with the Law, Economics, and Organization Workshop, an interdisciplinary faculty workshop that brings to Yale Law School scholars, generally from other universities, who present papers based on their current research. The topics will involve a broad range of issues of general legal and social science interest. Students registering for the seminar and participating in the workshop will receive 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

Law and Cognition: Seminar (20227) 2 units. The goal of this seminar will be to deepen participants’ understanding of how legal decision makers—particularly judges and juries—think. We will compile an in-depth catalog of empirically grounded frameworks, including ones founded in behavioral economics, social psychology, and political science; relate these to historical and contemporary jurisprudential perspectives, such as “formalism,” “legal realism,” and the “legal process school”; and develop critical understandings of the logic and presuppositions of pertinent forms of proof—controlled experiments, observational studies, and neuroscience imaging, among others. Students will write short response papers on weekly readings. Enrollment capped at twenty-five. D.M. Kahan

Law and Economics Research Seminar (20090) 3 units. Research and writing on topics in law and economics. Topics to be arranged with the instructor. Students interested in preregistering for this course should submit topic statements to the instructor. Paper required. Permission of the instructor required. Enrollment limited to six. A.K. Klevorick

Law and Macroeconomics (20371) 1 to 3 units. This seminar will examine the interaction between law and macroeconomic fluctuations, with an emphasis on the “Great Recession.” Unlike conventional law and economics, the seminar assumes that aggregate demand plays an important role in determining output. Topics include regulation as a determinant of aggregate demand, the income tax code and government spending as determinants of aggregate demand, the role of corporate law during the financial crisis, and central banks’ legal authority to conduct unconventional monetary policy. Students who write papers will earn additional credit units. Enrollment limited. Y. Listokin

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

†Legal Assistance (30191) 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 six to eight. F.X. Dineen

Legal Practicum (20008) 1/2 unit, credit/fail. Each student enrolled in this independent writing seminar will be required to prepare a 5–15-page essay that reflectively evaluates how her or his experiences in legal employment or other practical professional training, acquired during the immediately prior summer recess, have influenced her or his understanding of the legal system, the legal profession, or other aspects of legal culture. Permission of the instructor required. Deputy Dean

*Legal Profession: Traversing the Ethical Minefield (20522) 3 units. Almost every course you take in law school makes you better able to help your clients fulfill their hopes and dreams. This course is designed to help fulfill your own professional obligations while also providing services to your 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 we will consider whether the present rules of professional conduct properly address the issues with which the profession must grapple in striking delicate balances among the obligations of lawyers vis-à-vis clients, lawyers as officers of the court, and lawyers as citizens. The class will use a casebook, Susan Martyn and Lawrence Fox, Traversing the Ethical Minefield, and a standards book, Susan Martyn, Lawrence Fox, and Bradley Wendel, The Law Governing Lawyers. Class attendance and participation are essential. Scheduled examination. Enrollment capped at forty. L.J. Fox

†Legislative Advocacy Clinic (30118) 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 health, fair housing, workers’ rights, education, juvenile justice, tax policy, and women’s health. One of our longtime clients (Connecticut Voices for Children) is a key player on a broad spectrum of policy issues affecting Connecticut families. The clinic’s work includes both affirmative legislative initiatives and defensive efforts to respond to proposed legislation deemed inimical to the interests of its clients. An orientation to Connecticut’s politics and demographics, as well as issues of ethics and professional responsibility for lawyers working in the legislative arena, will be important foci 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 fifteen. J.L. Pottenger, Jr., S.D. Geballe, A.A. Knopp, and E. Scalettar

†Liman Project: Incarceration and Reform (30172) 2 units, credit/fail, with a graded option. This project will enable students to learn about the law of, and to work on understanding facets of, incarceration. One ongoing project involves studying how prisons use and regulate long-term isolation (sometimes called “solitary confinement,” or “restricted housing,” or “administrative segregation”) and working on how to reduce the numbers of persons in isolation and the degrees of isolation for those in such placements. A national survey is underway, and additional data collection and analyses will be done, along with more research on the law and policies related to isolation. Another project focuses on the role gender plays in incarceration, in terms of the ways in which women and men are classified and placed in facilities, and the programs and rules imposed. Again, the goals include research and reform. Students work in teams and meet regularly with supervisors. With permission, students may elect to write a related Supervised Analytic Writing or Substantial Paper for additional graded credit. The projects usually span more than one term and have, on occasion, resulted in published articles. Permission of the instructors required. J. Resnik, J. Kalb, S. Baumgartel, and L. Fernandez

Local Government in Action: San Francisco Affirmative Litigation Project (30178) 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, students enrolling in this course for the first time in fall 2015 must complete their one-year commitment in the course to receive professional responsibility credit. Permission of the instructors required. H.K. Gerken and T. Bialek

*†Lowenstein International Human Rights Clinic (30173) 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 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 and H.R. Metcalf

*†Media Freedom and Information Access Clinic (30175) 3 or 4 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. D.A. Schulz, J.M. Manes, and J.M. Balkin

†Mortgage Foreclosure Litigation Clinic (30119) 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. Affirmative litigation against lenders, and a wide-ranging “amicus practice,” also are important pieces of the clinic’s work. 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 eighteen. J.L. Pottenger, Jr., and J. Gentes

Nonprofit Organizations Clinic (30177) 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

Privacy at 50: Sex, the Family, and the Constitution (20249) 2 units. The year 2015 marks the fiftieth anniversary of Griswold v. Connecticut, the Supreme Court decision that established the constitutional right of married couples to use contraception. Beginning with mid-twentieth-century debates about the role of the criminal law in regulating sex, this course will examine the roots of Griswold and identify competing understandings of privacy, equality, and dignity in debates over abortion, LGBT rights, same-sex marriage, and emerging issues concerning reproduction and parenting today. In reading cases and legislation, we will draw on primary sources and recent scholarship to consider how social mobilization and counter-mobilization have shaped and limited constitutional law governing the regulation of sex and family. What might privacy’s past teach us about its future? And what might we learn from the evolution of these cases about the relationship between law and social movements? No preference given to students in their final year of law school. Self-scheduled examination. Enrollment limited to thirty. R.B. Siegel, L. Greenhouse, and G. Chauncey

Property (20377) 4 units. Law and informal norms combine to create the bedrock institutions that govern human entitlements in scarce resources. Land will be a principal focus of the course, but attention also will be given to other resources, such as wild animals, labor, water, the electromagnetic spectrum, and intellectual property. A regime of private property in a particular resource will be compared to alternative regimes such as communal, open-access, and state-owned property. At maximum, a private owner of a resource has a right to exclude, a privilege of use, and a power of transfer. The many legal limitations on these powers, such as public accommodations laws, will be explored. The course will address the temporal division of property interests, co-ownership arrangements, and ownership by a managing entity such as a landlord or trust. Toward the end of the term, urban and public-law issues will take center stage. Topics will include housing policy, the constitutional rights of property owners, and the regulation of land uses through nuisance law, easements and covenants, and municipal zoning. Scheduled examination. R.C. Ellickson

Property: Individual Research (20457) 3 units. The instructor will separately supervise up to six students who wish to write a paper on a property topic. To receive credit for satisfying the Supervised Analytic Writing requirement, a student must devote two terms of work to the paper. Enrollment limited to six. R.C. Ellickson

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, and particularly in the light of current concerns with climate change. We will begin with some basic theories about the “commons” problem and the ways that property rights do or do not evolve to address that problem. Time permitting, other topics may include: land rights, land reform, and development projects (primarily less developed countries); wildlife and fisheries management (global); water management (United States and global); tradable pollution rights (United States); carbon trading schemes and other less conventional approaches to climate change management; property aspects of climate change adaptation; 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 we 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 eighteen. 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. We will do so on a comparative law basis. We will compare 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. We 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 and Instruction (30193) 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. Federal placements are available in New Haven or in Bridgeport; the federal caseload is varied, including misdemeanors, felonies, or specialized areas such as career criminal, drug trafficking, or appellate work. The State’s Attorney for New Haven, which also has a varied but faster-paced docket, can take one or two student placements. All students are required to attend weekly class sessions, which 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. Students also apply for the State’s Attorney during the previous term, though interviews may take place after the student has been accepted into the externship program. 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. Selection for this course takes place before limited-enrollment course bidding. K. Stith, L. Brennan, and M. Silverman

Qualitative Research Design in Legal Research (20283) 3 units. This seminar introduces basic issues of method and research design for students engaged in qualitative legal research. It provides an overview of essential features of any major paper or thesis dissertation, a survey of approaches to qualitative research, as well as a checklist of common problems to try to avoid. Topics include the components of a good literature review; concept formation, typologies, and theory building; the uses of single case studies in building and testing theory; the problem of case selection and causal inference and how to manage them; and strategies for “small-n” comparison. The seminar will emphasize close reading and roundtable discussion of texts. Student will write two 3-page response papers on the readings for two of the sessions. Paper required (original research, substantial literature review, or prospectus). Enrollment limited to twelve. A. Stone Sweet

†Reading Cases in Corporate Law (20621) 2 units. This course will examine the extent to which judicial opinions—the units that create the structure of the common law or the authoritative interpretations of the directives issued by administrative agencies—effectively limit the activities of economic actors. Prerequisite: basic corporate law. Knowledge of securities law would be helpful but is not required. Self-scheduled examination or paper option. J.G. Deutsch

Regulation and Legal Culture: The Case of Automobile Safety Regulation (20419) 2 to 3 units. In 1965 the United States began a radical new experiment in auto safety regulation. The goal was to force the technology of automobile design in ways that privileged safety over style and power. The technique was general rule making demanding advanced safety performance in the entire vehicle fleet. This seminar will explore the history of this ambitious effort over the past fifty years, and, in particular, the way administrative regulation has been shaped by a legal culture that favors state initiative, ex post compensatory or remedial action, and legislative or judicial norm development. Paper required, which may satisfy the Substantial Paper or Supervised Analytic Writing requirement for 3 credits. Enrollment limited to twelve. J.L. Mashaw and D.L. Harfst

Regulation of Energy Extraction (20297) 2 or 3 units. This course will explore the troubled intersection between energy and environmental policies. We 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 wind farms; 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. Self-scheduled examination or paper option. E.D. Elliott

Religion and the Constitution(s) (20572) 2 units. Modernity and liberal democracy are consonant with religious liberty, freedom of conscience, free speech, and different degrees of separation between religion and politics. But the way these principles are organized and interpreted varies across and within different national constitutional and legal regimes. Most recently, religious revivals and the development of religious diversity have challenged old historical arrangements. This course will examine the legal and constitutional status of religion in different national contexts (such as in the United States, Canada, Europe, Asia, and Latin America) as well as the places, discourses, and topoi in which these new challenges occur (the public sphere, schools or universities, corporations, the army; prayers, religious symbols, creationism, state subsidies, etc.). The course will particularly address the jurisdictional answers offered in response to these issues by the U.S. Supreme Court. Self-scheduled examination or paper option. P. Weil

Remedies (20499) 4 units. You’ve won the case. But what do you actually get? This course is about what courts do (and do not do) for litigants who have been found to be the victims of legal wrong. Though we will give some attention to every basic category of relief—damages, restitution, declaratory judgments, and injunctions—our main focus will be on remedies that plaintiffs seek in litigating against government entities (federal, state, and local). In particular we will consider the successes and failures of judicial remedies as a means to influence and reform the behavior of complex public organizations. Highlights include structural reform injunctions, agencies’ refusals to acquiesce in judicial rulings, and the contempt power, including the willingness (or unwillingness) of judges to use that power against public officials. Self-scheduled examination. N.R. Parrillo

Rethinking Sovereignty: Human Rights and Globalization (20662) 3 units. 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 will consider the implications of these models for the definition and enforcement of rights. Readings will include Hobbes, Kant, Schmitt, Arendt, Kelsen, Habermas, Waldron, Walker, and Benveniste. Paper required. Enrollment limited and permission of the instructor required. Also PHIL 663a/PLSC 605a. S. Benhabib

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

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

Sexuality, Gender, Health, and Human Rights (20568) 2 units. This course will explore the application of human rights perspectives and practices to issues in regard to sexuality and health. Through reading, interactive discussion, paper presentation, and occasional outside speakers, students will learn the tools and implications of applying rights and law to a range of sexuality and health-related topics. The overall goal is twofold: to engage students in the world of global sexual health and rights policy making as a field of social justice and public health action; and to introduce them to conceptual tools that can inform advocacy and policy formation and evaluation. Class participation, a book review, an op-ed, and a final paper required. Enrollment limited. Also GLBL 529a/CDE 585a. A. Miller

Social Science and Institutional Design: The Empirical Evaluation of Legal Policies and Practices (20668) 3 units. The current legal system bases many of its policies and practices upon assumptions concerning human nature. What does research tell us about how those policies and practices actually operate? What alternative social science models are available and how would institutions be different if those models were used? This class will consider deterrence models and compare them to models emphasizing legitimacy, morality, and social norms. Policing, the courts, and corrections are examined and evaluated against available empirical evidence. The class will also consider alternative models of institutional design and evidence of their potential or actual effectiveness. Self-scheduled examination or paper option. Enrollment limited to twenty. Also PSYC 647a. T.R. Tyler

†Start-Ups and the Law (30217) 2 units, credit/fail. This course is intended to give students a thorough look at legal issues faced by start-up companies. We 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. We 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

[The] State and Local Budget Crisis: Seminar (20292) 2 or 3 units. While the reviving economy has substantially improved the fiscal picture of the federal government, state and local government budgets continue to be under extreme amounts of stress. The most visible examples have been bankruptcies in cities like Detroit; Central Falls, Rhode Island; and Stockton, California; and severe fiscal crises in jurisdictions like Puerto Rico and Illinois. But there are many states and localities that have made budget, pension, and health care promises that seem beyond their capacity to keep and are further beset by gyrating revenue streams, increasing Medicaid costs, and federal budget cuts. The problems these jurisdictions face seem structural, not cyclical. The effect of these budget crises can be seen in crumbling infrastructure, reduced education spending, and in the way layoffs at the state and local level contributed substantially to the size and extent of unemployment following the Great Recession. This seminar will review the role of law and lawyers in causing, and potentially solving, the state and local budget crisis. Doing so will involve analyzing everything from municipal bankruptcy to state constitutional law to federal tax deductions. It will be co-taught by Richard Ravitch, whose career in government has spanned nearly fifty years, including playing a key role in the New York City fiscal crisis of the mid-1970s and serving as Lieutenant Governor of New York and Chairman of the Metropolitan Transportation Authority. He also cochaired the State and Local Budget Crisis Task Force with Paul Volcker. There will also be a number of guest speakers to help sort through the complex and fascinating legal and policy problems posed by this ongoing crisis. Two credits, with a 3-credit option for students who want to write extended papers. Paper required. Enrollment limited to fifteen. D.N. Schleicher and R. Ravitch

†Supreme Court Advocacy (30180) 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 may 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. Permission of the instructors required. Enrollment limited to twelve. L. Greenhouse, A.J. Pincus, C.A. Rothfeld, P.W. Hughes, M.B. Kimberly, and J.M. Balkin

†Temporary Restraining Order Project (30141) 1 unit, credit/fail. The Temporary Restraining Order (TRO) Project is a field placement program in which law students provide assistance to domestic violence victims applying for Temporary Restraining Orders in the Superior Court for the New Haven Judicial District, under the supervision of attorneys from the New Haven Legal Assistance Association and the Court Clerk’s Office. The TRO Project aims to increase access to justice for self-represented parties and provide opportunities for law students to learn about the law of domestic violence and court procedures for protecting individuals in abusive relationships. Students will be able to develop practical skills, including intake, interviewing, drafting of affidavits and other application documents, informing applicants about court procedures, and assisting applicants in navigating the judicial process. Open only to J.D. students. Permission of the instructors required. Enrollment limited to fifteen. S. Wizner, C. Frontis, A. Wenzloff, and D. Blank

Theories of Distributive Justice (20248) 2 units. The first four weeks of this seminar focus upon Thomas Piketty’s Capital in the Twenty-First Century (2014), the most important book on income distribution in some years. The course will then follow the debate on egalitarianism that has taken place since John Rawls (1971) in political philosophy. Philosophical readings will be critiqued from the philosophical and economic viewpoints. Authors discussed will be Rawls and John Harsanyi on the veil of ignorance as a thought experiment; neo-Lockeanism according to Robert Nozick; resource egalitarianism according to Ronald Dworkin; and equality of opportunity according to Richard Arneson, G.A. Cohen, and John Roemer. Economics background at the level of intermediate microeconomics is required; experience shows that students lacking this background do not follow the lectures. An appropriate prerequisite is intermediate microeconomics or PLSC 517a. There will be a number of problem sets in the style of economics and three short essays in the style of analytical philosophy. Permission of the instructor required if there is any ambiguity concerning the economics prerequisite. Also PLSC 595a/ECON 791a. J.E. Roemer

Thought in Law and Economics (20636) 2 units. Over the past half-century, economic analytic perspectives of 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 models and problem sets, students will also develop familiarity with the principal conceptual approaches and tools of the field, from marginal analysis to cooperative and noncooperative game theory. Each session will be structured around a primary foundational publication in law and economics. In the first hour of each class we will carefully work through the publication’s model in a rigorous but broadly accessible manner (if there is no model in the publication, we will develop one so as to focus our analysis). A discussion will follow in the second hour, when the class turns its attention to related articles, extensions, and critiques of the foundational piece. The seminar is divided into three parts. The first part covers basic analytical preliminaries and formulations, including the unit of analysis, the economic analysis of entitlement, and the Coase theorem. The second part of the seminar delves into specific subject matter contributions in law and economics, including contracts, criminal law, torts, procedure, property, and constitutional/public law. The final part will turn to work based on norms and game theoretic approaches in law and economics. R.W. Brooks

Topics in Law and Psychology (20339) 2 units. The goal of this seminar is to strengthen the collaborative bridge between law and psychology by focusing on the work of faculty in both departments who do research connecting psychological knowledge to legal questions. Students will write a paper on an aspect of these interdisciplinary fields that interests them. The class will be built around reading material from faculty and when possible bringing them into the class to talk about their work and answer questions about their views on the field. We will also bring in researchers from other universities who are doing relevant research. Paper required. Permission of the instructors required. Enrollment limited. Also PSYC 626a. M. Johnson and T.R. Tyler

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

U.S. 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 (30123) and Fieldwork (30124) 2 units, graded or credit/fail, at student option, for each part (4 units total). The clinic and fieldwork must be taken simultaneously. There are approximately 250,000 veterans currently residing in Connecticut, many with acute and unique legal needs related to their military service or return to civilian life. In this clinic, students represent Connecticut veterans in a range of individual litigation and institutional advocacy matters. Pending individual matters include (1) benefits applications for veterans who have suffered PTSD, sexual assault, 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, and other-than-honorable discharges of service members suffering undiagnosed PTSD; and federal and state regulatory and legislative advocacy concerning veterans’ employment issues, criminal justice matters, 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. Enrollment limited. Permission of the instructors required. M.J. Wishnie, B.Y. Li, J. Parkin, and M.M. Middleton

[The] Wartime Practice of National Security Law (20667) 2 or 3 units. This course will examine current legal issues surrounding covert action and the overt use of military force by the United States since September 11, 2001. The course is co-taught by Stephen Preston, who for the past six years has served as General Counsel of the Department of Defense and, before that, CIA General Counsel. The course will examine national security law from the perspective of a government lawyer who has to make tough decisions regarding how to advise clients as they seek to counter real threats to U.S. national security. The class will review the substance of legal issues that are currently under debate, as well as consider the practical challenges that face a lawyer practicing in the context of ongoing armed conflict. Among the topics to be covered are the law governing covert action, the bin Laden raid, the President’s constitutional powers as Commander in Chief versus Congressional authorization to use military force, the emergence of the threat posed by Daesh (also known as ISIL, ISIS, and IS), defining the enemy and associated forces, the American citizen who takes up arms against his country, limitations on U.S. counterterrorism operations under international law, use of remotely piloted aircraft, responsibility for the conduct of partner forces, determining the end of the conflict, and secrecy versus transparency. Students who write a paper, with permission of the instructors, may earn a third unit. Permission of the instructors required. Enrollment limited to twenty-four. O. Hathaway and S. Preston

*†Worker and Immigrant Rights Advocacy Clinic (30127) and Fieldwork (30128) 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 organizations and 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. Permission of the instructors required. M.J. Wishnie, A.N. Hallett, and J. Parkin

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. 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

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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 (30102) 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 Criminal Justice Clinic (30107) 2 units, graded or credit/fail, 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 Education Adequacy Project (30163) 1 to 3 units. Open only to students who have completed Education Adequacy Project. Permission of the instructors required. D.N. Rosen, A.A. Knopp, J.P. Moodhe, and H. Smith

Advanced Educational Opportunity and Juvenile Justice Clinic (30111) 1 to 4 units, graded or credit/fail, at student option. Open only to students who have completed the Educational Opportunity and Juvenile Justice Clinic. Permission of the instructors required. J. Forman, Jr., M.S. Gohara, and E.R. Shaffer

Advanced Environmental Protection Clinic (30165) 1 to 3 units, credit/fail. Open only to students who have successfully completed the Environmental Protection Clinic. Students who complete this section for 2 or more units may satisfy the professional responsibility (*) or professional skills (†) requirement. Permission of the instructor required. Enrollment limited to twenty. J.U. Galperin

Advanced Ethics Bureau (30167) 1 to 3 units, credit/fail, with a graded option. This course is for students who have already taken either the Ethics Bureau at Yale clinic or the instructor’s course Traversing the Ethical Minefield, and who wish to earn 1 to 3 units by contributing further to the work of the Bureau. †Students may 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 Global Refugee Legal Assistance (30171) 2 or 3 units. A fieldwork-only option. Prerequisite: Global Refugee Assistance Project. Permission of the instructors required. R.M. Heller and K.A. Reisner

Advanced Immigration Legal Services (30114) 1 to 3 units, credit/fail, with a graded option. Open only to students who have completed Immigration Legal Services. Permission of the instructor required. J.K. Peters

Advanced International Law and Foreign Relations Lawyering (21708) 1 or 2 units. Enrollment limited to those previously enrolled in International Law and Foreign Relations: Seminar. Permission of the instructor required. O. Hathaway

†Advanced Issues in Capital Markets: Role of Counsel for Issuers and Underwriters in an Initial Public Offering (30223) 2 units. 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, which will drive consideration of a wide range of legal and practical issues (including related issues under the Securities Exchange Act of 1934). 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, etc.) drawn from actual IPOs, supplemented by PowerPoint presentations and memoranda prepared by the instructors, as well as SEC materials, accounting literature, and treatise excerpts. Reading materials will be tailored in scope, with a focus on facilitating each session’s discussion and course assignments. Additional materials will be provided for further, optional reading where desired and to provide useful reference tools for future practice. Students will engage in drafting exercises, in-class analysis, and mock negotiations (including negotiation of an underwriting agreement). 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 and legal/business capital markets issues more generally. Grading will be based on performance on experiential assignments and class participation. The first session of the course will include an overview of the U.S. federal securities law regulatory framework. This will serve as an important refresher for those who already have studied securities regulation (which is encouraged) and as a basic foundation for those who may not yet have extensive knowledge of the topic. Permission of the instructors required. Enrollment limited to twenty. C.B. Brod and A. Fleisher

Advanced Landlord/Tenant Legal Services (30116) 1 to 3 units, credit/fail. Open only to students who have completed Landlord/Tenant Legal Services. 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 will also cover 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 sources to solve legal research problems. Laptop computer recommended. Students are required to complete a series of assignments, in addition to the 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 M. VanderHeijden

Advanced Legal Services for Immigrant Communities (30117) 1 to 3 units, credit/fail. Open only to J.D. students who have completed Legal Services for Immigrant Communities. Permission of the instructors required. Enrollment limited to four. 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 and 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 instructors. The instructors 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 and J.G. Krishnaswami

†Advanced Lowenstein International Human Rights Clinic (30174) 3 or 4 units. Open only to students who have completed the Lowenstein International Human Rights Clinic. Permission of the instructors required. J.J. Silk and H.R. Metcalf

Advanced San Francisco Affirmative Litigation Project (30179) 1 to 3 units, credit/fail, with a graded option. Open only to students who have completed Local Government in Action: San Francisco Affirmative Litigation Project. Permission of the instructor required. Instructor to be announced

†Advanced Supreme Court Advocacy (30181) 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, P.W. Hughes, M.B. Kimberly, and J.M. Balkin

Advanced Veterans Legal Services Clinic: Fieldwork (30126) 1 to 4 units, graded or credit/fail, at student option. A fieldwork-only option. Prerequisite: Veterans Legal Services Clinic. Permission of the instructor required. J. Parkin

Advanced Veterans Legal Services Clinic: Seminar (30125) 1 unit, graded or credit/fail, at student option. A weekly seminar session only for returning students. Prerequisite: Veterans Legal Services Clinic. Permission of the instructor required. J. Parkin

Advanced Worker and Immigrant Rights Advocacy Clinic: Fieldwork (30130) 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. A.N. Hallett and J. Parkin

Advanced Worker and Immigrant Rights Advocacy Clinic: Seminar (30129) 1 unit, graded or credit/fail, at student option. A weekly seminar session only for returning students. Prerequisite: Worker and Immigrant Rights Advocacy Clinic. Permission of the instructors required. A.N. Hallett and J. Parkin

*†Advocacy for Children and Youth (30101) 3 units, credit/fail. Students in this clinical seminar will represent children and youth in abuse, neglect, and uncared for cases, and potentially termination of parental rights cases in the Superior Court for Juvenile Matters and certain related matters. Class sessions will focus on substantive law, ethical issues arising from the representation of children and youth in the relevant contexts, interviewing and lawyering competencies, case discussions, and background materials relating to state intervention into the family. Class will meet weekly with occasional supplemental sessions to be arranged. Additionally, students will attend weekly case supervision sessions. Casework will require, on average, ten to twelve hours weekly, but time demands will fluctuate over the course of the term; class time will be concentrated in the first half of the term. Enrollment limited to four. J.K. Peters

†Advocacy in International Arbitration (30212) 2 units. International arbitration is a growing field and increasingly is the mechanism by which the largest international commercial disputes are resolved. This course has 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 course is built around a series of exercises that track major stages in the arbitral process, culminating 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. Enrollment limited to ten. J.J. Buckley, Jr., and C.J. Mahoney

American Legal History (21063) 3 units. This course will examine the foundations of the American legal, political, and economic order from the colonial period through the early twentieth century. We will analyze the emergence of American property law, slavery, women’s legal history, intellectual property, and corporate law as well as federalism, the Constitution, and judicial review. The course readings will consist of contemporary sources, recently published works, and classics in the field. Self-scheduled examination or paper option. Also HIST 761b. C. Priest

Antidiscrimination Law: Supervised Research (21128) 2 to 4 units. Paper required. Enrollment limited. Permission of the instructor required. R.B. Siegel

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

†Appellate Litigation Project (30200) 4 units (2 fall, 2 spring), graded or credit/fail, at student option. Students in the Appellate Litigation Project will represent pro se clients before the United States Court of Appeals for the Second Circuit. Under the supervision of Yale faculty and attorneys from the appellate group at Wiggin and Dana, teams of two students will work on cases referred through the Pro Bono Counsel Plan for the Second Circuit. This program provides legal representation to pro se appellants with meritorious civil cases pending before the court. The issues raised in these cases may include immigration, employment discrimination, prisoners’ civil rights, and other section 1983 claims. The project will focus on prisoners’ civil rights but may also include other types of cases. Students will take primary responsibility for drafting the briefs in their assigned case, and one of them will deliver oral argument before the Second Circuit. In the instructional portion of the project, students will learn principles of appellate law and practice, including concepts such as standard of review, preservation of issues, and understanding the appellate record. Students will also receive instruction in brief writing and oral advocacy. Due to the briefing and argument schedule for a civil appellate case, this is a two-term offering. This course is not open to M.S.L. students. Permission of the instructors required. Enrollment limited to four or six students depending on case assignments. S.B. Duke, B.M. Daniels, and T. Dooley

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

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

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? 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 (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

Business Organizations (21418) 4 units. An introduction to the business corporation laws affecting the rights and roles of corporate boards of directors, senior executive officers, and shareholders, with an emphasis on large, publicly traded firms. Shareholders’ economic interests are examined from the perspective of limited liability and dividend standards, expectations of liquidity or transferability of shares, and the use of debt capital as a mode of financing corporate activity. Shareholders’ limited participation rights in corporate decision making will be examined from the perspective of state and federal rules governing shareholder voting and the disclosure of corporate information and the notion of managerial expertise (e.g., as evidenced by judicial application of the “business judgment rule”). The latter part of the course will focus on directors’ and officers’ fiduciary obligations to shareholders, examining the operation of these duties in a variety of settings and transactions. Issues relating to the roles and functions assumed by corporate attorneys (with respect to their clients) and the role of business corporations within society will also be addressed. Self-scheduled examination. J.R. Macey

Capital Punishment: 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. Paper required. Permission of the instructor required. Enrollment limited to thirty-five. S.B. Bright

†Capital Punishment Clinic (30161) 6 units (3 fall, 3 spring), credit/fail, with a graded option. Students who have taken the clinic in the fall term will continue to work with attorneys in representing people facing the death penalty. Permission of the instructors required. Enrollment limited to six. S.B. Bright, A.M. Parrent, and S.M. Sanneh

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

Children, Psychology, and the Law: Seminar (21407) 2 units. This course will explore the interface between contemporary scientific research concerning human cognitive/psychological development and legal issues concerning children and adolescents. This course will include legal and ethical topics from family law, constitutional law, criminal law, and bioethics, including: children and adolescents as witnesses; the “recovered memory” debate; child custody; race and ethnicity issues in the adoption context; various legal topics related to sexuality, sexual orientation, and gender identity; effects on children of exposure to pornographic and violent images; and the extent to which children and adolescents should be held responsible for their acts. Included in the readings will be material from psychology and related scientific fields that bears on these legal and ethical questions. At the broadest level, from both a legal and a psychological perspective, we will ask: What is a child? What is an adolescent? How do children and adolescents differ from each other and from adults? And how do these groups differ in terms of their rights, relationship to the state, and relationship to their parents? Paper required. Enrollment limited to sixteen. E. Stein and P. Bloom

Climate Change and Clean Energy (21754) 3 units. This course will examine the scientific, economic, legal, political, institutional, and historic underpinnings of climate change and the related policy challenge of developing the energy system needed to support a prosperous and sustainable modern society. Particular attention will be given to analyzing the existing framework of treaties, law, regulations, and policy—and the incentives they have created—which have done little over the past several decades to change the world’s trajectory with regard to the build-up of greenhouse gas emissions in the atmosphere. What would a twenty-first-century policy framework that is designed to deliver a sustainable energy future and a successful response to climate change look like? How would such a framework address issues of equity? How might incentives be structured to engage the business community and deliver the innovation needed in many domains? While designed as a lecture course, class sessions will be highly interactive. Self-scheduled examination or paper option. Also F&ES 840b. D.C. Esty

[A] Community of Equals (21077) 4 units. Should the law be used for eradicating patterns of inequalities that mark American society, and if so, how? The inequalities that are the subject of this seminar and the required research papers will be defined broadly, including those based on race, class, gender, sexual orientation, language, nationality, or immigration status. Special attention will be given in our weekly meetings, however, to the recent assaults on the Second Reconstruction by the Supreme Court and the manifold practices, including mass incarceration, inner-city policing, and school assignment policies, that have led to the emergence and perpetuation of the black underclass. Enrollment limited. O.M. Fiss

Comparative Law (21044) 4 units. An introduction to the comparative study of different legal systems. The course will focus primarily on differences between the ways that law and order are maintained, and justice pursued, in the United States, on the one hand, and in Germany and France, on the other. There will also be some attention to some non-Western traditions, such as those of China, Japan, and Islam. The overarching aim of the course will be to explore the extent to which differences in legal doctrine and legal practice reflect larger differences in social structure. With that aim in mind, the course will explore a variety of issues, among them differences in the French, German, and American concepts of “human dignity” and its protection; differences in civil and criminal procedure; differences in punishment practice; differences in the maintenance of everyday order in the streets; differences in the law of consumer protection; differences in welfare and unemployment law; and differences in the structure and regulation of business and banking enterprises. It is hoped that students will come away from the course both with some knowledge of foreign law and with a heightened sensitivity to some of the ways in which foreign societies can differ from our own. Self-scheduled examination or paper option. J.Q. Whitman

†Complex Civil Litigation (30198) 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. Substantial Paper credit available. Permission of the instructor required. Enrollment capped at twenty. S.R. Underhill

†Compliance: Legal Practicum (30220) 2 units. Regulators, shareholders, and customers increasingly expect organizations to identify, assess, and comply with legal requirements; demonstrate adequate risk management and governance; and establish, test, and report controls. At the same time, legal mandates require organizations to protect whistleblowers, while enforcement guidelines induce organizations to self-report violations. In short, the compliance function constitutes an increasingly dynamic and challenging field for lawyers, one demanding the ability to understand the separate perspectives of regulators, business leaders, consumers, and employees. This course will explore the legal, ethical, and policy foundations of compliance: the effort to translate statutory mandates into compliant organizational and individual behavior. Through the practical application of simulations and case studies, this course will seek to meet three objectives: (1) enable students to identify and proactively address potential compliance issues; (2) develop the practical problem-solving skills needed to respond to compliance failures; and (3) provide students with the theoretical and practical tools necessary to advocate on behalf of a company under investigation for a regulatory violation. Permission of the instructor required. Enrollment limited to twelve to sixteen. G. Garrity-Rokous

Conflict of Laws (21358) 2 units. Choice of law 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, primarily in the interstate (rather than international) context. The assigned course book will be Brilmayer, Goldsmith, and O’Hara-O’Connor, Conflict of Laws: Cases and Materials (Aspen Publishing, 7th edition, 2015). Students may arrange to write a paper instead of the examination, including papers for Supervised Analytic Writing or Substantial Paper credit. Self-scheduled examination or paper option. L. Brilmayer

[The] Constitution: Philosophy, History, and Law (21046) 4 units. An inquiry into the foundations of the American Constitution, at its founding and at critical moments in its historical transformation—most notably in response to the Civil War, the Great Depression, and the Civil Rights Movement. Philosophically speaking, do we still live under the Constitution founded by the Federalists, or are we inhabitants of the Second or Third or Nth Republic? Institutionally, in what ways are the patterns of modern American government similar to, and different from, those in post-Revolutionary (1787–1860) and post-Civil War (1868–1932) America? Legally, what is or was the role of constitutional law in the organization of each of these historical regimes? Through asking and answering these questions, the course will try to gain a critical perspective on the effort by the present Supreme Court to create a new constitutional regime for the twenty-first century. Self-scheduled examination or paper option. Also PLSC 842b. B. Ackerman

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

Contemporary China Research Seminar (21179) 3 units. Research and writing on contemporary problems related to China, including but not limited to legal issues. The class will meet roughly six times during the term to discuss particular China-related issues (occasionally with a guest) and at the end of the term for student presentations of their research. The remainder of the term, the students will work on their research and writing projects and individually meet with the instructors to discuss their work. Students interested in the seminar should submit a statement of interest explaining their background related to China and research ideas they are considering. Paper required. Permission of the instructors required. Enrollment limited to ten. P. Gewirtz, S.L. Han, G. Webster, and R.D. Williams

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. Short paper required. Self-scheduled examination. A.L. Alstott

Corruption, Economic Development, and Democracy (21042) 2 or 3 units. A seminar on the link between political and bureaucratic institutions, on the one hand, and economic development, on the other. A particular focus will be the impact of corruption on development and the establishment of democratic government. Paper (2 or 3 units) or self-scheduled examination (2 units). Enrollment limited to ten Law students. Also PLSC 714b. S. Rose-Ackerman

*†Criminal Justice Clinic (30105) and Fieldwork (30106) 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–Friday, 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 T. Ullmann

Criminal Justice Reform: Theory and Research in Action (30182) 3 units, credit/fail. We are at a pivotal moment with respect to American policing (and arguably the U.S. criminal justice system more generally). Police shootings in places such as Ferguson, North Charleston, and Cleveland—as well as the death of Eric Garner after police put him in a chokehold in Staten Island and the death of Freddie Gray after he was transported in a police van in Baltimore—have brought national attention to the questions of how police should do their jobs and even how that job should be defined. Perhaps at no point since the 1960s, when the Kerner Commission wrote an influential report on American policing following a period of widespread urban unrest, have long-held assumptions about the purposes and methods of policing been called so deeply into question. Academics and researchers can and should be a part of the conversation about how to make policing (and all of the components of criminal justice operation) simultaneously more effective, just, and democratic. Participants in this workshop will explore theories (procedural justice, legitimacy, social network analysis, implicit bias, among others) and empirical findings that are being marshaled to rethink the function and form of policing. They will also engage in research projects and public policy advocacy that aim to give these ideas practical effect. Our immodest goal is that participants should have an opportunity to help define the face of American policing in the twenty-first century. We meet weekly; preparation and attendance at these discussions are required for credit. If you need to miss a class, please be in touch with the instructors in advance of the meeting. Students missing more than two sessions without permission will not receive credit. Graded credit may be available to students who wish to write papers (including Substantial Papers and Supervised Analytic Writing papers) in connection with this course. Enrollment limited to twenty. Permission of the instructors is required. T.L. Meares and M. Quattlebaum

Criminal Law (21525) 3 units. An introduction to criminal law. Topics to be considered in detail include the law of homicide, the problem of intent and of criminal responsibility for unintended acts, the law of rape, the special constitutional requirements applicable to criminal law, and the insanity defense. 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. J. Rubenfeld

Criminal Procedure: Adjudication (21217) 3 units. This course will cover pretrial proceedings, plea bargaining, right to trial by jury, effective assistance of counsel, joinder and severance, right of confrontation, prosecutorial discretion, some trial proceedings, and double jeopardy. Class participation is expected and may be taken into account in grading. Students who regularly do not attend will be dropped from the class. Criminal Procedure: Investigation is not a prerequisite. Scheduled examination. S.B. Duke

Criminal Procedure: Research Seminar (21398) 2 or 3 units. Students will do research and writing on a topic in criminal procedure to be selected by agreement with the instructor, with the goal of producing a publishable article. Substantial Paper and Supervised Analytic Writing credit available. Paper required. Enrollment capped at eight. S.B. Duke

Diversity, Inclusion, Equality: Seminar (21423) 3 units. Questions of diversity and inclusion in higher education generally, and law schools in particular, long have been the subjects of debate and contestation. More recently, growing economic and social inequalities in American society, renewed attention to these phenomena, and new vocabularies for describing them have prompted important discussions regarding how to arrest and reverse these trends. This seminar will consider the concepts of diversity, inclusion, and equality in their current forms, and what, if any, role law schools should play in promoting them. To what extent are these three concepts overlapping, intersectional, or compatible with one another? Has the emergence of a discourse around inequality informed our understandings of diversity and inclusion, or do notions of diversity and inclusion shape our understanding of inequality? How does each concept understand difference, and does each recognize the same forms of identity as salient? Is there a productive role for elite law schools to play, or are they destined to perpetuate forms of exclusion and inequality persistent in society today? The class will couple theoretical and conceptual inquiry with a solutions-oriented approach designed to identify and articulate workable interventions that law schools might take to productively address these issues. Supervised Analytic Writing credit is not available. Substantial Paper credit is available. Paper required. Enrollment limited to eighteen. M.I. Ahmad and J. Forman, Jr.

†Drafting and Negotiating Merger and Acquisition Transactions (30216) 2 units. 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. There are no prerequisites for this course, but students are encouraged to take Business Organizations either prior to, or concurrently with, this class. Priority will be given to students who list this course as their first preference among the experiential course selections. 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 “tobacco-land in terms of how much people hate it,” and drug product liability litigation is a “growth industry.” This course, taught by a practitioner with vast experience trying such cases, will consider the theory and practice of such litigation. At the outset, we will focus on the similarities and differences between pharma cases and other product liability cases, using the Diet Drug cases tried by the instructor as a model. We will then consider the doctrines governing such lawsuits—such as “failure to test”; inadequate warning; preemption of claims by federal regulation; 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 final (open book; 50 percent); class participation (10 percent). Self-scheduled examination. P.T. Grossi, Jr.

*†Education Adequacy Project (30162) 3 units. The Education Adequacy Project (EAP) provides a unique opportunity for students to participate in and help lead institutional reform litigation. The 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. A major, multiweek trial is scheduled to begin in October 2015 and, barring a change in schedule, the next term will involve supporting, attending, and participating in the trial. Students have to date played a significant role in determining the case’s litigation strategy. Class time is devoted to litigation strategy and discussion with supervising attorneys, training in litigation skills, and internal clinic logistics. New students should be aware that it may be difficult to become fully oriented with the case in the short time between the beginning of the term and the anticipated start of trial. The clinic, however, will accept a limited number of new students if they are exceptionally interested and eager to participate. Permission of the instructors required. D.N. Rosen, A.A. Knopp, J.P. Moodhe, and H. Smith

*†Educational Opportunity and Juvenile Justice Clinic (30109) 4 units, graded or credit/fail, at student option. In the Equal Opportunity and Juvenile Justice Clinic (EOJJC), students will represent clients in New Haven and nationally on a range of policy projects designed to disrupt the school to prison pipeline, reduce school suspensions and expulsions, and create a more humane juvenile justice system. Students will also, in collaboration with an upper-level student currently in the clinic, assume individual representation of one or more current EOJJC adolescent clients in the New Haven area. Open only to J.D. students. J. Forman, Jr., M.S. Gohara, and E.R. Shaffer

Empirical Legal Research (21492) 1 unit, credit/fail. The goal of this course is to provide an overview of the field of empirical legal research and to provide the student with practice in basic study design. Topics covered include basic research terminology, hypothesis and research question construction, methodology selection, and basic statistical analysis. The course will emphasize an applied approach to research grounded in real-world issues. Although the focus of this course will be on empirical legal research, students will engage with empirical data throughout the course. This course will meet for the first half of the term. S. Matheson and S.E. Ryan

Empirical Research Seminar (21745) 3 units. This class will provide students with an opportunity to learn how to conduct empirical research. The class will cover the basic ideas underlying research and will examine various approaches that can be taken to research issues. Emphasis will be on learning how to use various approaches. The class will take place in the computer lab so that students can get hands-on experience using research software. Enrollment limited. Self-scheduled examination. Also PSYC 630b. T.R. Tyler

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. Self-scheduled examination. E.D. Elliott

*†Environmental Protection Clinic (30164) 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). Students may propose projects and client organizations, subject to approval by the instructor. Brief statement of interest required; please e-mail joshua.galperin@yale.edu for information. Enrollment limited to thirty. Also F&ES 970b. J.U. Galperin, D. Hawkins, and L. Suatoni

*†Ethics Bureau at Yale: Pro Bono Professional Responsibility Advice and Advocacy (30166) 3 units. Lawyers’ need for ethics advice, consultation, and expert opinions is not limited to those whose clients 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 have provided essential assistance preparing amicus briefs in numerous Supreme Court cases. A few of these cases resulted in victory for the petitioner and citations to the amicus brief in the majority opinions. The work of the Bureau consists of four major components. First, the Bureau provides ethics counseling for pro bono organizations such as legal services offices, public defenders, and other NGOs. Second, the Bureau prepares standard-of-care opinions relating to the conduct of lawyers, prosecutors, and judges that are required in cases alleging ineffective assistance of counsel and other challenges to lawyer conduct. Third, from time to time, the Yale Ethics Bureau provides 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, citing the amicus brief of the clinic. Fourth, the Bureau provides ethics opinions for the National Association of Public Defenders, position papers for various American Bar Association entities, articles for law reviews and other publications, and editorials on topics of current interest. The twelve students working at the Bureau meet for class two hours per week and are expected to put in approximately ten hours on Bureau projects each week. The classroom work explores the law governing lawyers, but also considers 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 of War and Peace (21715) 3 units. This course will integrate an exploration of Western moral traditions and ethical philosophy with the unique legal and moral obligations placed upon those in government who make decisions regarding the use of U.S. military force and those in the military who practice the profession of arms. Methodology: facilitated seminar discussions and case study analyses spanning the breadth of issues that arise in armed conflict: just war theory, law of armed conflict, conscientious objection, military justice, humanitarian intervention, terrorism, and drone warfare, among others. Open only to J.D. students. Scheduled examination or paper option. Enrollment limited to six. Also PHIL 730b S.J. Shapiro

Evidence (21277) 4 units. A survey of the United States’ 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. We will do some comparative work as well. Scheduled examination. S.L. Carter

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 we study over the course of the term. Scheduled examination. V. Schultz

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, and capital gains. No prerequisites. A midterm examination and class participation will be factored in determining the final grade. Self-scheduled examination. Enrollment capped at 125. D.M. Schizer

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

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. Paper required. Permission of the instructor required. Enrollment limited to twenty. V. Schultz

†Financial Markets and Corporate Law Clinic (30211) 3 units. The purpose of this clinic will be to introduce students to public policy debates in the regulatory context. We will endeavor to apply public choice theory and modern theories in corporate finance to debates about the content of regulation and public policy. In this clinic, students and faculty will work collaboratively to generate actual comment letters as well as publishable academic research regarding proposed regulation by such institutions as the SEC, the Fed, the FDA, the Comptroller of the Currency, and others. In formulating policy statements, students will be encouraged to be cognizant of the value of markets and the need to improve the quality of public decision making in areas related to the regulation of corporate governance and capital markets. Open only to J.D. students. Paper required. Permission of the instructors required. Enrollment limited to twelve. J.R. Macey, B.L. Beirne, and G. Fleming

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

[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 Foundations of Legal Scholarship in fall 2015. In all cases, enrollment in this term of the seminar is only by permission of its instructors. Paper required. Permission of the instructors required. Enrollment limited to eight. P.W. Kahn and A.K. Klevorick

†Global Health and Justice Practicum (30168) and Fieldwork (30169) 4 units (2 units for each component). 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 seminar component and project component are interrelated but will be graded separately. 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 U.N. 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). Travel may be required (and costs would be covered), depending on the project needs. The course will be designed for a mix of Public Health students and Law students, though select students from other disciplines may also be admitted. This course meets the practicum requirement for M.P.H. students in Public Health. Permission of the instructors required. Enrollment limited to twelve. Also CDE 596b. A. Kapczynski, A. Miller, and G. Gonsalves

*Global Inside Counsel: The Challenges of an In-House Lawyer in an Increasingly Integrated World (21664) 2 units. This course will explore the challenges faced by a senior in-house lawyer in today’s increasingly integrated international business environment. We will do so through a series of problems faced by the legal staff of multinational corporations. The “cases” in this course pose questions about how to confront legal and ethical issues in many different national markets, using specific illustrations drawn from the contemporary business world—e.g., the Sony hacking incident, the investigation of J.P. Morgan’s hiring in China, the European Union’s antitrust case against Google, Walmart’s challenges arising from the fire in the Bangladesh installation. These cases involve a broad range of considerations: ethics, reputation, risk management, international public policy and politics, communications, and corporate citizenship. The course will explore the skills needed by inside counsel to address these challenges, the increasingly global role of in-house counsel in large corporations, and the challenges to the profession from this demanding new form of legal practice. Permission of the instructor required. Self-scheduled examination. Enrollment limited to twenty. M.S. Solender

*†Global Refugee Legal Assistance (30170) 3 units. 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 instructors required. R.M. Heller and K.A. Reisner

Guns in the United States (21020) 3 units. Guns are an important part of American society and culture. With more than 270,000,000 guns held by private citizens and a Constitutional amendment associated with gun ownership, the possession, regulation, meaning, and use of firearms reach into important realms of American society, including civil rights and liberties, identity and cognition, crime and violence, and public health and personal safety. This course explores the multifaceted role guns play in the United States by surveying historical, sociological, psychological, legal, and political research. From a firm foundation of the historical and constitutional origins of the Second Amendment, the course will focus on a range of topics around guns in America, including the prevalence and distribution of guns; attitudes and opinions about gun ownership, possession, and use; illegal and legal gun markets; gun crime and injuries; and the varieties of responses to gun injuries and crime, including, importantly, the legislative and political processes that attend their development. This course will meet according to the Graduate School calendar. Paper required. Also SOCY 509b. T.L. Meares and A.V. Papachristos

Human Rights Workshop: Current Issues and Events (21193) 1 unit, credit/fail. Conducted in workshop format, the course will examine contemporary issues in human rights practice and theory. Guest speakers, including scholars, advocates, and journalists, will present each week on a diverse range of topics in human rights. Readings are generally distributed in advance of each session. Students prepare short response papers before several of the sessions and are responsible for asking the speaker a question at each of those sessions. The workshop will meet approximately every other week. J.J. Silk

Immigration Law and Policy (21615) 3 units. This course will survey the legal and historical considerations that shape U.S. immigration law. The course will review the constitutional basis for regulation of immigration into the United States and the constitutional rights of noncitizens in the country; the structure of the immigration bureaucracy; immigration federalism; the statutory and administrative frameworks for admission and removal of noncitizens; administrative and judicial review; and habeas corpus in the immigration context. The course also will touch on refugee and asylum law as well as examine a series of current issues such as immigration policies enacted in the aftermath of 9-11, immigration detention, enforcement, and the scope of executive power to enact administrative forms of relief from deportation. Self-scheduled examination. Enrollment capped at forty. L. Gelernt

*†Immigration Legal Services (30113) 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 four. J.K. Peters and H.V. Zonana

Information Privacy Law (21687) 3 units. Controversy over information privacy has grown dramatically in recent years. Information that many individuals view as private is gathered and deployed using a growing number of new technologies and practices—online tracking, “Big Data” analytics, facial recognition software, genetic testing, and much more. Constitutional, statutory, and common law have sought to respond to rapid changes in information gathering, storage, and dissemination. This course will provide a broad-ranging overview of the rapidly growing area of information privacy law. The required written work will be four four-page analytic essays, due over the course of the term, on the course concepts and materials, and a research paper that may be used in satisfaction of either the Supervised Analytic Writing requirement (in which case the course should be taken for 4 rather than 3 units) or the Substantial Paper requirement. Paper required. Enrollment limited. C. Jolls

[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. Self-scheduled examination or paper option. Enrollment limited to thirty, with preference given to first-year J.D. students. 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 Business Transactions (21209) 4 units. An introduction to the formation, regulation, and global impact of international business transactions. The primary focus of the course will be on the legal and practical aspects of cross-border transactions, including the structuring, negotiation, and documentation of the relevant arrangements. A secondary focus will be on the broader economic, political, and social context and consequences of international business transactions. Case studies from Latin America, Asia, the former Soviet Union, and the Middle East will be used. Topics to be discussed include privatization, project finance, letters of credit, conflicts of law, extraterritoriality, sovereign debt restructuring, expropriation, corruption, and the relationships among markets, democracy, and “culture.” Permission of the instructor required. Scheduled examination or paper option. Enrollment limited to seventy. A. Chua

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

International Human Rights: Law, Policy, Strategy (21009) 4 units. This course will ask: How can human rights advocates better operationalize twentieth-century tools to achieve better twenty-first-century human rights outcomes? It will examine case studies at the intersection of law, politics, policy, and institutions to determine how to achieve better human rights policy outcomes. Too often, human rights advocates—both inside and outside governments—fail to achieve their desired outcomes because they cannot manage politics, harness incentives and institutions, or deploy law in a way that operationalizes the principles they value. This course will begin with an overview of the institutions, strategy, law, and process of human rights. We will then explore a number of case studies that illustrate cutting-edge human rights problems and the various tools that may be employed for their resolution. The course will close with a series of student presentations identifying current issue areas ripe for new and better human rights strategies that might help attack these critical questions. There are no prerequisites, but some background in international law or human rights is preferred. An examination, in-class presentation, and regular class participation are required. No paper option. Scheduled examination. H.H. Koh

International Law (21763) 3 or 4 units. This course will offer an introduction to international law. Students will learn the basic minimum that every lawyer should know about the international dimensions of law in the modern world. The course is also meant to serve as a gateway to the rest of the international law curriculum: it will offer a foundation on which students who are interested in further study of the particular topics covered in the class can later build. The course will cover both the public and private dimensions of international law, offering an introduction to varied topics including international trade, international tax, international business transactions, environmental law, criminal law, human rights law, and the law of armed conflict. The course will also offer an introduction to domestic law topics that intersect with international law, including foreign relations and national security law. As each new topic is introduced, the class will not only examine that new topic in detail, but will also explore how it relates to what the class has already discussed. By considering together topics usually taught separately, students will begin to see how different subjects under the broad umbrella of international law are interconnected. And by learning about a variety of issue areas and making direct comparisons across them, students will gain an understanding of each topic that can be had only by viewing it in a comparative perspective. Students who take the examination will earn 3 units; students who elect a paper option, with the instructor’s approval, will earn 4 units. Self-scheduled examination or paper option. O. Hathaway

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

Internet Law (21422) 2 units. An introduction to the legal and policy issues raised by computers and the Internet. This course will explore how the Internet’s digital and networked environment changes the nature of regulation, unleashes innovation, and refashions the relationships among public and private actors. Topics will include jurisdiction, free speech, privacy, intellectual property, e-commerce, and Internet governance. Scheduled examination. C. Mulligan

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

Investment Funds: Regulation and Structure (21700) 2 units. This class will survey the structure, regulation, and taxation of investment funds. We will read the formation documents for hedge funds and private equity funds and survey the regulations that apply to these funds under the Investment Advisers Act of 1940. We will then survey mutual funds and their regulation under the Investment Company Act of 1940. We will also consider the taxation of each of these types of funds. We will try to engage broad questions of an economic nature, but we will focus principally on legal structuring, rather than investment strategy. Self-scheduled examination or paper option. Enrollment limited to twenty. J.D. Morley

†Landlord/Tenant Legal Services (30115) 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

Law, Language, and Cognition: Seminar (21491) 2 units. This seminar will explore various issues concerning how well society can govern itself under a rule of law in light of various aspects of the human language facility. Much of the course will address questions of statutory interpretation, and to a lesser extent, contractual interpretation. Such issues as the tension between plain language and intent, the nature of indeterminacy in legal texts, and the possibility of default rules to simulate actual linguistic understanding will be discussed. Other topics will include the role of the jury in applying laws, and linguistic issues that arise in multilingual legal contexts, such as the interpretation of EU directives, and international treaties and conventions. Paper required. Enrollment limited to fifteen. L.M. Solan

[The] Law of the Sea (21651) 2 units. This seminar will consider intensively some current problems concerning combating piracy; protection of the marine environment and conservation; maritime boundary delimitation; procedures for determining the boundaries of outer continental shelves; the Seabed Authority; rights and obligations of states not party to the U.N. Convention on the Law of the Sea; the Arctic and the controversy on whaling. There will also be a workshop on using ArcGIS. Scheduled examination or paper option. Enrollment capped at fifteen. Also GLBL 591b. W.M. Reisman

Law Reform and Gender-Based Violence (21716) 2 units. Gender-based violence has been the subject of concerted advocacy globally for several decades, yet it continues to exact stark tolls on individuals, families, and communities throughout the world. Legal reform efforts, spanning multiple doctrines in criminal and civil law, have engaged experts from a wide range of disciplines and generated robust debate, even among those with shared commitments to acknowledging and ending abuse. This seminar will use the lens of law reform to examine theories, strategies, and doctrines aimed at gender-based violence. Faculty draw upon an interdisciplinary range of theoretical and empirical frameworks to explore the tensions among them, with a particular focus on the ways that differing strategies implicate conceptions of identity, equality, and autonomy, and intersect with issues of race, class, culture, sexuality, and gender identity, among other axes of experience. Readings and class discussions cover selected topics of current debate. Students will study key issues, cases, and commentary to analyze competing theories and strategies and to understand the issues facing survivors and their advocates. The seminar calls upon students to consider the successes and limitations of previous reform efforts and to contemplate directions for the future. Paper required. Enrollment limited to twenty. M. Anderson and J. Goldscheid

Legislation (21227) 3 units. This course will examine issues relating to the enactment, application, and interpretation of legislation, primarily at the federal level. The course will introduce students to the basic contours of congressional lawmaking practice, theoretical models of the legislative process, the application and interpretation of statutes by the executive branch, and numerous aspects of judicial statutory interpretation. Students will explore and critique the different methods and canons that courts apply in construing statutes and consider such issues as the appropriate degree of deference to administrative interpretations, judicial use of legislative history in construction, and interaction between the courts and Congress. Self-scheduled examination. L.M. Solan

†Legislative Advocacy Clinic (30118) 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 health, fair housing, workers’ rights, education, juvenile justice, tax policy, and women’s health. One of our longtime clients (Connecticut Voices for Children) is a key player on a broad spectrum of policy issues affecting Connecticut families. The clinic’s work includes both affirmative legislative initiatives and defensive efforts to respond to proposed legislation deemed inimical to the interests of its clients. An orientation to Connecticut’s politics and demographics, as well as issues of ethics and professional responsibility for lawyers working in the legislative arena will be important foci 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 fifteen. J.L. Pottenger, Jr., S.D. Geballe, A.A. Knopp, and E. Scalettar

†Liman Project: Incarceration and Reform (30172) 2 units, credit/fail, with a graded option. This project will enable students to learn about the law of, and to work on understanding facets of, incarceration. One ongoing project involves studying how prisons use and regulate long-term isolation (sometimes called “solitary confinement,” or “restricted housing,” or “administrative segregation”) and working on how to reduce the numbers of persons in isolation and the degrees of isolation for those in such placements. A national survey is underway, and additional data collection and analyses will be done, along with more research on the law and policies related to isolation. Another project focuses on the role gender plays in incarceration, in terms of the ways in which women and men are classified and placed in facilities, and the programs and rules imposed. Again, the goals include research and reform. Students work in teams and meet regularly with supervisors. With permission, students may elect to write a related Supervised Analytic Writing or Substantial Paper for additional graded credit. The projects usually span more than one term and have, on occasion, resulted in published articles. Permission of the instructors required. J. Kalb, S. Baumgartel, and L. Fernandez

Liman Public Interest Workshop: Human Rights, Incarceration, and Criminal Justice Reform (21534) 2 units, credit/fail. This workshop will consider the role of international human rights in U.S. social movements related to the law of prisons and criminal justice reform. Lawyers are increasingly integrating human rights law and strategies to advance their domestically focused advocacy efforts. Our discussion will critically explore the drivers and impacts of these strategies in the context of American mass incarceration. We will begin the term by exploring the challenges of defining a set of universal rights, with a particular focus on the influence of the United States. We will then consider the challenge of rights enforcement as it relates to questions of American sovereignty, culture, democratic politics, foreign policy, and federalism. We will explore the efficacy and legitimacy of the multifaceted strategies that advocates have adopted to advance human rights law, inside and outside the courts, through U.N. and regional mechanisms, and in the mobilization of grassroots communities. Through a study of contemporary campaigns—including movements to end the criminalization of homelessness, to eradicate the death penalty, and to reduce the use of solitary confinement in prisons—we will explore the promise of domestic human rights strategies, their relationship to more familiar forms of mobilization, and related challenges and limitations. Over the course of the term, students in the workshop will write four response papers of no more than two double-spaced pages. A limited number of students may write a longer paper and receive graded credit with permission of the instructors. J. Kalb and S. Baumgartel

†Litigating Civil Actions: From Filing to Finality (30222) 4 units. This course will provide students with an overview of the skills that litigators need to handle a civil action in federal court from start to finish. The course will review five phases of a lawsuit. First, we will explore how to prepare a filing: for example, we will discuss how to interview clients, how to investigate a case before filing, and how to prepare a complaint. The second phase will explore pretrial activities such as answering a complaint; motions practice; communicating with opposing counsel; document discovery and other forms of discovery (such as physical inspections); how to take and defend depositions; and how to handle expert witnesses. The course’s third phase will discuss trial skills, including how to select jurors; prepare effective opening statements; examine, cross-examine, and reexamine witnesses; deliver successful closing statements; and prepare jury instructions. We will also have brief discussions about mediation and settlement. The fourth phase of the course will explore the most famous post-trial activity: the appeal. This discussion will delve into the substance of appeals as well as the less glamorous parts of appellate practice, such as filing a notice of appeal, motions practice on appeal, and preparing a joint appendix for the appellate court. We will also have a very brief discussion of certiorari petitions and Supreme Court practice. Finally, the course’s fifth phase will discuss important post-trial activities that are rarely explored within law schools, including motions for costs and enforcement of judgments. The course aspires to give students confidence that they could handle a civil action on their own. Self-scheduled examination or paper option. N. Messing

Local Government in Action: San Francisco Affirmative Litigation Project (30178) 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 instructor required. Instructor to be announced

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

*†Lowenstein International Human Rights Clinic (30173) 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 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 and H.R. Metcalf

*†Media Freedom and Information Access Clinic (30175) 3 or 4 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. D.A. Schulz, J.M. Manes, and J.M. Balkin

*Military Justice (21678) 3 units. This course will explore the nature and function of military justice today. Topics will include the constitutional rights of military personnel; court-martial jurisdiction and offenses; trial and appellate structure and procedure; collateral review; the roles of commanders, Congress, the Supreme Court, and the President; 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. The primary text will be Fidell, Hillman, and Sullivan, Military Justice: Cases and Materials (2nd ed., 2012). Self-scheduled examination. E.R. Fidell

†Mortgage Foreclosure Litigation Clinic (30119) 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. Affirmative litigation against lenders, and a wide-ranging “amicus practice,” also are important pieces of the clinic’s work. 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

†Native Peacemaking (30221) 2 units. This seminar in native peacemaking will give students a unique opportunity to study and practice this indigenous form of conflict resolution, as well as to engage in meaningful peacemaking-related project work for Native American tribes. Students will be introduced to Federal Indian Law with special emphasis on how federal laws impact tribal sovereignty, self-determination, and tribal dispute resolution. Students will also receive significant mediation skills training to introduce them to party-driven dispute resolution, and they will practice those skills in a series of exercises and role plays. After mediation skills training is complete, students will receive formal peacemaking training and participate in peacemaking circles. No prerequisites. Permission of the instructor required. Enrollment limited to twelve. S. Watts

Nietzsche’s Critique of Modernity (21712) 3 units. Nietzsche was critical of many aspects of the modern age that we generally associate with liberal values. These include equality, tolerance, and the rule of law. What was the basis of his criticism? What alternative, if any, did he propose? We will examine some of the key concepts of Nietzsche’s philosophy with these questions in mind. Readings will include The Birth of Tragedy, The Gay Science, On the Genealogy of Morals, and other works. Paper required. Enrollment limited to fifteen. Also PHIL 735b. P.W. Kahn and A.T. Kronman

Nonprofit Organizations Clinic (30177) 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 695b. J.G. Simon, M. Agsten, L.N. Davis, and B.B. Lindsay

[The] Philosophy of Law: Seminar (21714) 2 units. Paper required. Enrollment limited to fifteen. S.J. Shapiro

Property (21017) 4 units. The course will explore the law regulating the rights of private property broadly conceived. Our principal focus will be on entitlements in land, but we will also think about the legal entitlements to other scarce resources. Topics will include limitations on the rights of landowners to exclude others; estates in land; co-ownership; landlord-tenant law and the slum housing problem; nuisance law; easements and covenants as means of cooperation among neighbors; and eminent domain, zoning, and other tools of public land use regulation. Scheduled examination. Also MGT. I. Ayres

†Prosecution Externship and Instruction (30193) 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. Rubenfeld, L. Brennan, and M. Silverman

*Public Health Law (21595) 4 units. In the practice of public health, the patient is the population rather than the individual; and actions and policies to promote public health therefore consider the welfare of the collective, often without regard for the interests of individuals. In liberal society, public health practice therefore exists in tension with constitutional law, judicial precedent, and even our culture itself, in which the individual is most often the unit of measure and analysis and protection. In this course, we will consider the major categories of public health practice—including disease reporting and data collection, compelled treatment and vaccination, isolation and quarantine, inspection and regulation of public facilities and private homes, licensure of health professionals, regulation of hospitals and other health care facilities, regulation of food and drugs, environmental regulation, sanitation, and bioterrorism prevention—and their sources of legal authority and legal limitations. Public health will be viewed in historical perspective, and we will particularly examine the roots of modern public health practice in the nineteenth-century work of Hermann Biggs and John Snow, and will review the odd alignment of German public health practitioners with Nazi government efforts in the 1930s to control tobacco use and promote national health. Case examples will be drawn from recent public health controversies relating to the control of multidrug-resistant tuberculosis, HIV/AIDS, obesity, and tobacco and tobacco substitutes. We will also consider the constitutional implications of public health efforts to control or monitor speech, such as the FDA prohibitions on promotion of off-label uses of approved drugs and devices, and use of funding conditions to limit or compel speech relating to abortion, the sex industry, and HIV/STD prevention. Scheduled examination. M. Barnes

Quantitative Corporate Finance (21071) 3 units. This course will introduce students to some of the fundamentals of financial economics. Topics will include net present values, the capital asset pricing model, the efficient capital market hypotheses, event studies, and option theory. Students will need to learn to use electronic spreadsheet software such as Excel. Grades will be based on weekly computer problem sets and on an open-book final examination. Scheduled examination. Also MGT. I. Ayres

Race, Class, and Punishment: Seminar (21334) 4 units. Since the early 1970s, the criminal justice system in the United States has expanded dramatically. The 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. We will also examine the impact of these policies, especially on African American communities. The assigned reading will be substantial (one book a week, typically 250–300 pages) and will come from a wide variety of sources, including history, sociology, political science, criminology, journalism, and law. Books that will likely be on the reading list include Khalil Muhammad, The Condemnation of Blackness; Randall Kennedy, Race, Crime, and the Law; Michael Flamm, Law and Order; James Q. Wilson, Thinking about Crime; Michael Tonry, Malign Neglect; Lisa Miller, The Perils of Federalism; Amy Lerman and Vesla Weaver, Arresting Citizenship; Victor Rios, Punished: Policing the Lives of Black and Latino Boys; Alice Goffman, On the Run; David Kennedy, Don’t Shoot; Jill Leovy, Ghettoside; and Bryan Stevenson, Just Mercy. 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. Paper required. Enrollment limited to twelve. J. Forman, Jr.

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 federal case law and statutory and administrative law, as well as using secondary sources in the research process. 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 professional skills requirement (†) may be satisfied by taking this course with another 1-unit legal research course. Minimum enrollment of five required. S.B. Kauffman, J.G. Krishnaswami, J. Eiseman, 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 U.S. international law and civil law. Paper required. S.B. Kauffman, J.B. Nann, F.R. Shapiro, and M. Widener

Seminar in Private Law (21497) 2 or 3 units. The spring 2016 edition of the Seminar in Private Law will focus on private dispute resolution. The seminar will take up arbitration in its several varieties. The seminar will also engage other forms of dispute resolution that proceed outside of public political authority, for example, negotiations that aim to conclude armed conflicts. The seminar will ask whether certain procedures can sustain freestanding legitimacy, based directly on their own properties and entirely apart from prior legal or political authority. Half of the seminar’s sessions will involve presentations by outside speakers from law and associated disciplines. The other half will prepare for the speaker presentations. Term paper required for 3 units; thought paper required for 2 units. Enrollment limited. D. Markovits

Sexuality and the Law (21463) 3 units. This course will look at legal issues relating to sexuality, focusing on topics related to sexual behavior, sexual orientation, gender, and gender identity. The course will consider these issues from constitutional, statutory, and policy perspectives with particular attention to questions relating to families, reproduction, and discrimination. This is an interdisciplinary course that cuts across constitutional law, criminal law, family law, employment discrimination, education, and bioethics. Self-scheduled examination. E. Stein

Sociology of Law (21711) 3 units. What does it mean to study law from a sociological perspective and what is gained by doing so? This course is addressed to those broad questions. The first part of the class will start with a theoretical overview of seminal texts in the field, including Marx, Weber, and Durkheim. It will also introduce various methodological approaches to the contemporary sociology of law, with a focus on qualitative methods. The second part of the class will focus on a particular slice of sociology of law, namely the study of legal organizations or bureaucracies. Bureaucracy is a form of social organization fundamental to modern society. Law on the books comes to be law in action largely through legal bureaucracies, whether it is through courts, administrative agencies, welfare offices or the compliance department of a private firm. 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 do formal qualities of legal bureaucracies—that is, the way in which the site organizes the work of presenting and adjudicating legal rights or claims—shape the precise way people experience certain legal regimes? 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, sexual harassment and antidiscrimination compliance offices of private firms, welfare offices, 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 nonenforcement), costs, and benefits for the people and activities that 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

South Asian Constitutionalism (21717) 2 or 3 units. This course will seek to answer a substantial question: What accounts for enduring constitutionalism? With this in mind we will study India, Pakistan, and Nepal. India and Pakistan were created out of a common land, gained freedom from the same colonizer, and yet had entirely different experiences with democratic constitutionalism. Nepal has emerged from a civil war and the dissolution of a monarchy. It is now in the midst of its second attempt at constitution making. The course will reflect on the Indian and Pakistani experiences of constitution making and constitutionalism, and will make suggestions for the continuing constitution-making process in Nepal. It also engages the constitution-making efforts of the first Constituent Assembly of Nepal (2007 onwards) and analyzes the key choices that led to its failure. To address the substantial question, the course will examine four critical constitutional choices. The first is the nature of the Constituent Assembly, the method of decision making within it, and the techniques adopted to foster consensus when framing a constitution. The second is the form of government—parliamentary, presidential, or semi-presidential. The third choice is the method of judicial appointments and the role that the courts have taken upon themselves. The final choice is the role accorded to the military in the context of constitutionalism. By examining these choices, this course hopes to contribute to an understanding of constitution making and design in general, illustrated through moments from South Asian constitutionalism. The course will aim to provide a comparative constitutional law assessment of enduring constitutionalism based on the three case-study countries. Self-scheduled examination or paper option. Extra credit for special writing projects. M. Guruswamy

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 nonlaw 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 professional 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; the material from the U.N. 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 professional 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

Structures of the Constitution: Supervised Research Seminar (21713) 3 units. This directed research seminar will provide students with the opportunity to write a research paper under the instructor’s supervision, but it will not involve class meetings. Papers will be supervised remotely, with one or two in-person meetings during the term. Research papers must relate to some aspect of constitutional structure, such as federalism or separation of powers. Students must submit a brief proposal, no longer than one page, outlining the subject and potential arguments of their papers. Paper required. Permission of the instructor required. Enrollment limited to eight. C. Rodríguez

*†Supreme Court Advocacy (30180) 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, P.W. Hughes, M.B. Kimberly, and J.M. Balkin

†Temporary Restraining Order Project (30141) 1 unit, credit/fail. The Temporary Restraining Order (TRO) Project is a field placement program in which law students provide assistance to domestic violence victims applying for Temporary Restraining Orders in the Superior Court for the New Haven Judicial District, under the supervision of attorneys from the New Haven Legal Assistance Association and the Court Clerk’s Office. The TRO Project aims to increase access to justice for self-represented parties and provide opportunities for law students to learn about the law of domestic violence and court procedures for protecting individuals in abusive relationships. Students will be able to develop practical skills, including intake, interviewing, drafting of affidavits and other application documents, informing applicants about court procedures, and assisting applicants in navigating the judicial process. Open only to J.D. students. Permission of the instructors required. Enrollment limited to fifteen. S. Wizner, C. Frontis, A. Wenzloff, and D. Blank

Theories of Statutory Interpretation: Seminar (21464) 2 or 3 units. This seminar will focus on recent theoretical and doctrinal work on matters of statutory interpretation. Authors will often present their own work; students in the seminar will research and write original papers of their own, under the instructor’s supervision. Prerequisite: Legislation. Paper required. Enrollment limited to twelve. W.N. Eskridge, Jr.

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, we will be especially concerned with the problems associated with making enforceable agreements in a legal system that lacks enforcement institutions; the incorporation of agreements in domestic law and questions arising about their implementation there; the termination of agreements; the effect of provisional application regimes; modus vivendi; and unratified agreements. Scheduled examination or paper option. Enrollment capped at twenty-five. L. Brilmayer and W.M. Reisman

†Trial Practice (30199) 2 units, credit/fail. An introduction to trial evidence and to the techniques and ethics of advocacy in civil and criminal trials. Students will act as lawyers in simulated trial situations. The instructors will be judges, and experienced trial lawyers from the community will provide instruction and critique. Enrollment limited to seventy-two. J.L. Pottenger, Jr., and S. Wizner

†Truth, Beauty, and Justice (21181) 2 units. Analyzing law as a social science. Self-scheduled examination or paper option. J.G. Deutsch

U.S. International Taxation (21100) 3 units. This course will cover the basic principles of U.S. international income taxation. We will examine how the United States taxes both so-called (1) inbound transactions (income earned by foreign persons from investing and doing business in the United States) and (2) outbound transactions (income earned by U.S. persons from business activities and investments outside the United States). The principal focus of the course will be on how the United States taxes income earned by U.S. corporations from doing business outside the United States. Topics will include the foreign tax credit; the controlled foreign corporation rules; transfer pricing; and income tax treaties. We will also consider international tax planning strategies currently used by U.S. multinational corporations, including so-called inversions, and 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

White-Collar Criminal Defense: Critical Issues and Strategies (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. We 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). We 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 instructor required. D.M. Zornow

*†Worker and Immigrant Rights Advocacy Clinic (30127) and Fieldwork (30128) 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 organizations and 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. Permission of the instructors required. A.N. Hallett and J. Parkin

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