Yale Law School 2012–2013

Course Offerings

Fall Term

First-Term Courses

Constitutional Law I (10001) 4 units. P. Gewirtz (Section A), R.M. Hills, Jr. (Section B), J.M. Balkin (Group 1), J. Forman, Jr. (Group 2), P.W. Kahn (Group 3), J. Rubenfeld (Group 4), R. Siegel (Group 5)

Contracts I (11001) 4 units. R.R.W. Brooks (Section A), A. Chua (Section B), I. Ayres (Group 1), L. Brilmayer (Group 2), H. Hansmann (Group 3), Y. Listokin (Group 4), D. Markovits (Group 5)

Procedure I (12001) 4 units. E.D. Elliott (Section A), A.D. Kessler (Section B), D. Marcus (Section C)

Torts I (13001) 4 units. G. Calabresi (Section A), P.H. Schuck (Section B), D. Kysar (Group 1), J. F. Witt (Group 2), P.H. Schuck (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.

†Access to Knowledge Practicum (20428) 2 or 3 units. Students will work on articles and research projects that promote innovation and democratic values through the design, implementation, and reform of rules relating to intellectual property, telecommunications, antitrust, the Internet and new media, online privacy, and other issues. These laws and policies shape the delivery of health care services, the design of new information technologies, international trade, access to education, opportunities for either civic engagement or repression, and sharing of research and culture around the globe. Questions arising from the sometimes tortuous application of existing legal and regulatory frameworks to new technologies, and vice versa, will provide rich source material for student projects and articles. Students will have the opportunity to receive detailed feedback on multiple drafts of an article. In addition, this course will offer opportunities for direct engagement with public interest organizations, attorneys, and governmental officials in preparing drafts of statutes, responding to FCC and FTC proceedings, contributing to litigation, providing counsel to start-ups, and taking part in Congressional hearings. Paper or research project required, to be supplemented by doctrinal and theoretical readings. Students may enroll in both the fall and spring terms. Enrollment capped at twelve. J.M. Balkin, M.E. Kaminski, and C.M. Mulligan

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

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

Advanced Civil Liberties and National Security after September 11 (20483) 2 units, graded or credit/fail at student option. This clinic has ended but continues to handle one or two matters that have not concluded. In particular, students have an opportunity to continue to work on litigation on behalf of Abdulla al-Kidd, a material witness wrongfully arrested in a post-September 11 investigation of a Muslim charitable organization. One part of the case was decided last year by the Supreme Court, Ashcroft v. al-Kidd, 131 S.Ct. 2074 (2011), but claims against other defendants and related Freedom of Information Act litigation remain pending in U.S. District Court. Permission of the instructors required. Enrollment limited. M.J. Wishnie and L. Gelernt

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

Advanced Contracts (20361) 3 units. This course will present a theoretical overview of the contracts field. The draft Reader compiled for the course contains excerpts from leading articles with connecting notes. Supplementary articles will be assigned. The focus is interdisciplinary, with major stress on law and economics treatments. Philosophical and historical analyses also are included. The course is valuable to anyone who wants to do further work in contracts, or who wants a better grounding in contracts as prelude to doing further work in other transaction fields such as corporations or corporate finance. There will be an exam, but a paper option is negotiable. Self-scheduled examination or paper option. A. Schwartz

Advanced Criminal Defense Project (20603) 1 to 3 units. Open only to students who have completed the Criminal Defense Project. Permission of the instructor required. F. Doherty

†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 Detention and Human Rights Clinic (20616) 3 units, credit/fail, with a graded option for returning students. Prolonged social and sensory deprivation can have lasting and documented effects on an individual’s mental health, yet it is a routine part of the U.S. prison system, as exemplified by the proliferation of “supermax” prisons over the past two decades. Clinic members work on teams with individual clients in extreme isolation on matters relating to their mental health, reentry, and other needs. In addition, clinic members work to address collective concerns among clients by engaging in various forms of advocacy, including the incorporation of human rights standards and instruments. Permission of the instructors required. J.J. Silk and H.R. Metcalf

Advanced Education Adequacy Project (20479) 1 to 3 units. Open only to students who have completed the Education Adequacy Project clinic. Permission of the instructors required. H. Cantwell, D. Rosen, A. Knopp, and M. Weisman

Advanced Ethics Bureau (20605) 1 to 3 units, credit/fail, with a graded option. This course is for students who have already taken either Ethics Bureau at Yale or the instructor’s course, Traversing the Ethical Minefield, and who wish to earn one to three units by contributing further to the work of the Bureau. Permission of the instructor required. Enrollment limited to eight. L.J. Fox

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

Advanced Innovations in Policing Clinic (20635) 2 units. Students in this clinic will write a report examining how police leaders build trusting, collaborative relationships with disadvantaged communities. Prerequisite: Innovations in Policing Clinic. Permission of the instructor required. J. Forman, Jr.

Advanced International Antitrust: The Problem with Cartels (20406) 2 units. This course deals with the problem of cartels in an increasingly interdependent global economy and focuses on how the legal systems in the United States and the EU detect and punish cartel behavior. It will examine public enforcement efforts by competition authorities in the United States and the EU, as well as private remedies available in both jurisdictions. With respect to public enforcement, the course will consider a number of issues, including amnesty programs, guidelines for imposing fines and other penalties on cartel violators, and cooperation and convergence initiatives by competition authorities in both jurisdictions. It will also consider whether criminalization of cartel conduct is a necessary or desirable component of an effective system of governmental sanctions. The course will examine from a comparative perspective the different systems of private remedies available to injured parties in the United States and the EU, including efforts by the EU to expand the existing system of private remedies in EU member states. Among the topics to be covered in this part of the course will be class actions and other mechanisms for collective redress, standing issues, and proof of damages. Permission of the instructors required. Paper required. L.T. Sorkin and C.R.A. Swaak

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

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

†Advanced Legal Research: Methods and Sources (20486) 3 units. An advanced exploration of the specialized methods and sources of legal research in some of the following areas: administrative law; case finding; computer-assisted research; constitutional law and history; court rules and practice materials; international law; legislative history; and statutory research. Class sessions will integrate the use of online, print, and other research sources. Laptop computer recommended. Research problems required; paper required for honors eligibility. S.B. Kauffman, R.D. Harrison, J.B. Nann, and C. Tubbs

Advanced Legal Services for Immigrant Communities (20485) 1 to 3 units, credit/fail. Open only to students who have taken Legal Services for Immigrant Communities. Permission of the instructors required. Enrollment limited to ten. 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. This course is open only to J.D. students. Enrollment limited to ten. R.D. Harrison

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

Advanced SFALP (20516) 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. Students interested in receiving professional responsibility credit for this course will be expected to do additional class work in the fall. Permission of the instructors required. H.K. Gerken and A. Grogg

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

Advanced Veterans Legal Services Clinic (20595) 1 to 3 units, credit/fail. A fieldwork-only option. Prerequisite: Veterans Legal Services Clinic. Permission of the instructors required. M.J. Wishnie, F. Doherty, and M.M. Middleton

Advanced Worker and Immigrant Rights Advocacy Clinic (20488) 1 to 3 units. A fieldwork-only option. Prerequisite: Worker and Immigrant Rights Advocacy Clinic. Permission of the instructors required. M.J. Wishnie and A. Lai

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

Alternative Investments and the Law (20570) 2 units. This course is designed to teach the basics of hedge funds and other alternative investment funds from a legal perspective—what they do, how they are regulated, and how they are structured. Hedge funds and other alternative investment funds play an increasingly important role within the financial landscape. Whether one works in policy, regulation, law, or finance, one is likely to intersect with them at some point. Recently, alternative investment funds have figured prominently in wide-ranging debates regarding tax policy (carried interest), corporate law (activist investors seeking to unseat boards and management of underperforming companies), bankruptcy law (the restructuring of the U.S. automotive industry and many of the large investment banks), securities law (fraud, insider trading, high-frequency trading), and wealth disparity. But what exactly is a hedge fund? How is it different from a private equity or venture capital fund? And how should lawyers and policy makers think about their role and function in financial markets and in society in general? This is not an investment management course. Instructors will not be going over stock tips, or teaching how to invest. The goal of this course is to prepare students to engage more comfortably with hedge funds and other alternative investment funds from whatever vantage point—as clients, regulators, policy makers, or employees. The class will involve several four- or five-page papers throughout the term on subjects selected by the student and relevant to the class. Paper required. J. Abramowitz and B. Cohen

American Legal History through 1860 (20102) 3 units. This course will examine the foundations of the American legal, political, and economic order from the colonial period through 1860, with an emphasis on the Founding Era. The class will analyze the emergence of American property law, slavery, inheritance policy, women’s legal history, intellectual property, and corporate law as well as federalism, the Constitution, and judicial review. The course readings will consist of contemporary sources, recently published works, and classics in the field. Self-scheduled examination or paper option. Also HIST 747a. C. Priest

American Legal History: Research Seminar (20597) 3 units (2 fall, 1 spring). This course is designed for students interested in writing publication-quality papers on any topic in American legal history, broadly conceived. The class will meet for the first few weeks of the fall term to discuss methods, models, and technologies in writing legal history, and will resume meeting toward the end of the spring term to discuss each other’s drafts. The main focus of the course is for each student, in consultation with the instructor, to choose and develop a topic, hunt down and analyze primary sources, and write an original contribution to the relevant literature. Students must enroll for both terms. Paper required. Enrollment limited to eight. N. Parrillo

*[The] American Legal Profession (20439) 2 or 3 units. This course will meet three hours per week for the first nine weeks of the term, September 5 through October 31. A credit/fail option is available to students who so elect during the first two weeks of the term. This course will deal with selected aspects of the history, organization, economics, ethics, and possible futures of the legal profession in the United States. Likely topics will include, in addition to the ABA’s Model Rules of Professional Conduct: demographic changes in the profession; the evolution of law firms, bar associations, and law schools from the early twentieth century to the present; the development of corporate law, personal injury, mass torts, prosecutorial and criminal defense practices, and the “public-interest” bar; the dominant professional ethic of adversary-advocacy, and its critics; the regulation of lawyers; the economics of the market for legal services; the organization and culture of law firm practice; the role of the lawyer as counselor; and the export of American lawyering models abroad. Self-scheduled examination, with option of a paper for extra graded credit. R.W. Gordon

Ancient Law (20618) 2 units. A seminar on ancient law and society from the Bronze Age into the early Middle Ages. The course includes material from the Ancient Near East, Egypt, Greece, Rome, Islam, and early medieval Germanic systems. The material will be examined from a largely anthropological and sociological point of view. Students are expected to write a paper. There is no language prerequisite for this course. Students who plagiarize will be severely disciplined. This course will meet according to the Yale College calendar. Paper required. Enrollment limited to eight Law students. Also CLCV 309a. J.Q. Whitman and J.G. Manning

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

Antitrust (20629) 4 units. The course will study the development, interpretation, and application of the antitrust laws of the United States, specifically the Sherman Act, Clayton Act, FTC Act, and other laws designed to protect consumers by ensuring competition in the marketplace. Specific topics include dominant firm behavior and exclusionary conduct, agreements among competitors, mergers, and vertical agreements (such as agreements between a supplier and a distributor). The course will examine Supreme Court case law, recent and influential lower court decisions, and modern enforcement practice at the Federal Trade Commission and the U.S. Department of Justice. As economic concepts are integrated throughout the course, some background in economics may be helpful. The class will begin with a brief primer on the most important economic concepts to be used in the course in order to make the course more accessible to interested students. Self-scheduled examination (Web). A.L. Wickelgren

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

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

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

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

Aristotle’s Ethics: Nature and the Human Good (20633) 3 units. A study of Aristotle’s Nicomachean Ethics. Topics to be considered include: the meaning of happiness; habit and virtue; justice; practical wisdom; action and contemplation. Time permitting, some attention will also be paid to a few related topics in Aristotle’s Politics. Paper required. Enrollment limited. A.T. Kronman

Bankruptcy (20106) 3 units. An introduction to the law of bankruptcy. The class will explore the relief available to individual and business debtors in financial distress as well as the remedies available to creditors. The focus will be on the federal Bankruptcy Code and state laws governing the enforcement of judgments and consensual liens (security interests). Among the topics covered: the nature of the debtor/creditor relation; enforcement of judgments; consumer financial protection; asset protection and fraudulent conveyances; eligibility for bankruptcy; the nature and scope of the bankruptcy discharge; what property may be claimed as exempt; priorities among creditors; interplay of bankruptcy and non-bankruptcy laws; the role and powers of bankruptcy judges and bankruptcy trustees; negotiating and confirming a plan of reorganization. Self-scheduled examination. Enrollment capped at forty. E.J. Janger

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

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

†Capital Punishment Clinic (20251) 6 units (3 fall, 3 spring), credit/fail in the fall term with the option of graded credit in the spring. Students will work with attorneys in representing people facing the death penalty. Students will make practical use of research and analytical skills; participate in investigations and in conferences with clients, witnesses, and experts; and observe court proceedings. Students must complete a substantial writing assignment, such as a portion of a motion, brief, or memorandum of law. This course requires participation for both the fall and spring terms. The course is limited to students who have taken Capital Punishment: Race, Poverty, and Disadvantage, or intend to take it in spring 2013. Permission of the instructors required. Enrollment limited to eight. S.B. Bright, A.M. Parrent, and S.M. Sanneh

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

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

[The] Civil Rights Revolution: Seminar (20089) 2 to 4 units. This seminar will begin with an intensive analysis of the movement/institutional dynamics of the civil rights revolution—from the Court’s decision in Brown v. Board in 1954 through the resignation of Richard Nixon in 1974. It then will proceed to assess the constitutional meaning that modern lawyers/judges should give to these epochal events as they confront the challenges of the twenty-first century. Students are invited to propose papers in connection with this seminar—which will receive extra course credits, and Supervised Analytic Writing or Substantial Paper credit, where appropriate. Those who have not taken The Constitution: Philosophy, History, and Law will be asked to do approximately 150 pages of background reading. Paper required. Enrollment limited. B. Ackerman

†Climate Change and the International Court of Justice (20620) 2 or 3 units. The President of the island nation of Palau, Johnson Toribiong, has called on the United Nations General Assembly to request an advisory opinion from the International Court of Justice (ICJ) addressing state responsibility for the harmful consequences of anthropogenic climate change. President Toribiong has said that voluntary actions by individual states are not enough to “stem the rising tides or the flood of global emissions” and that an advisory opinion from the ICJ is an appropriate recourse that “will give us the guidance we need on what all states must do.” In the process, Palau also hopes “to raise the consciousness of the world community to the issue of responsibility.” This course, which will be co-taught with Ambassador Stuart Beck and Counselor Aaron Korman of the Permanent Mission of Palau to the United Nations, will consider the legal and policy issues raised by Palau’s ICJ campaign. During the first part of the course, background readings and guest speakers will be utilized to familiarize students with legal principles, institutions, and procedures relevant to the ICJ campaign. During the second part of the course, students will break into working groups to undertake research and analysis concerning different aspects of the campaign. Paper required. Permission of the instructors required. Also F&ES 823a. D. Kysar, S. Beck, and A. Korman

Comparative Church-State Relations: Laws and Policies (20572) 2 or 3 units. Modernity and liberal democracy rhyme with religious liberty, freedom of conscience and free speech, separation of religions and politics. But the interpretation of these principles varies across and within countries. Most recently, religious revival, the development of religious diversity, or secular uprising have challenged old historical arrangements. Drawing on texts from different disciplines, the course will examine the different national models of church-state relations (United States, Canada, Europe, Asia, Latin America); the how and why of these new challenges; the places, discourses, and topoi in which they occur (public sphere, schools, universities, or in the army, religious symbols, creationism, religious subsidies from the state, etc.); and the legal and jurisdictional answers to them. Self-scheduled examination or paper option. P. Weil

Conflict of Laws (20241) 4 units. Personal jurisdiction, choice of law, and recognition of judgments in cases having contact with more than one state. Self-scheduled examination. L. Brilmayer

[The] Constitution, the Common Law, and the Corporation (20621) 1 or 2 units, credit/fail. An analysis of the relationship between capitalism and the rule of law. Self-scheduled examination (Web). J.G. Deutsch

[The] Constitutional Law of Civil Jury Trial (20138) 2 or 3 units. The Seventh Amendment undertakes to “preserve” civil jury trial in “common law” cases. This seminar will explore the history and the modern workings of the Seventh Amendment and comparable state provisions. Among the topics to be considered will be the case law and scholarly literature concerning (1) the origins and the drafting of the Amendment; (2) what types of cases do and do not constitute “common law” within the meaning of the Amendment; (3) the application of the Amendment to novel causes of action; (4) whether there was or should be an exception for cases of unusual complexity; and (5) the challenges of reconciling various techniques of jury control (including directed verdict, judgment notwithstanding verdict, and summary judgment) with the constitutional text. Paper required. Enrollment limited to fifteen. J.H. Langbein

[The] Constitutional Law of the European Union (20614) 2 or 3 units. This seminar will review and discuss the process of integration through law in the European Union. Departing from the increasingly usual characterization of the EU legal order as a constitutional legal order, the course has two main objectives: to provide an advanced introduction to that legal order and to highlight its particular nature and impact on understanding constitutionalism in general. The class will study some of the more relevant dimensions of EU constitutional law with a focus on the relationship between market integration and polity building. Topics to be covered include: supremacy and direct effect; fundamental rights and general principles of law; competences and separation of powers; citizenship; free movement law and market integration, with particular attention paid to the importance and legitimacy of the judicial role in the constitutionalization of the EU legal order. Finally, the analysis of EU constitutional law will be linked to broader discussions on constitutionalism. Elements of comparison with U.S. constitutional law will be used throughout the course. This course will meet for the first seven or eight weeks of the term. Permission of the instructor required. Self-scheduled examination or paper option. Enrollment limited to twenty. M. Maduro

Contemporary Legal Issues in Africa (20120) 1 unit, credit/fail. This reading group will meet once a week at lunchtime to discuss current events in Africa, with special emphasis on events that raise issues of international law. Each student will be given responsibility for a particular region of Africa and will report weekly on the important events in that region. One unit of credit is available for participants. Students who wish to do more extensive research into the legal issues in their particular region can make special arrangements for additional study, including the awarding of Supervised Analytic Writing credit. It is possible to take this course more than once. No previous background is assumed, only a general interest in increasing awareness of what is currently going on in Africa. L. Brilmayer and D. Wade

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 who have selected writing topics and have had those topics approved by November 15 may receive writing credit in lieu of the examination. Others will take an open-book examination, for which they will receive 2 units of credit. The credits awarded for papers will depend on the work involved in the paper. Papers may qualify for Supervised Analytic Writing or Substantial Paper credit. Scheduled examination or paper option. S.B. Duke

Corruption, Economic Development, and Democracy (20098) 2 or 3 units. A seminar on the link between political and bureaucratic institutions, economic development, and corruption. The seminar will draw on research from law, economics, and political science. Paper (2 or 3 units) or self-scheduled examination (2 units). Enrollment limited to fifteen Law students. Also PLSC 714a. S. Rose-Ackerman

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: Pretrial and Trial (20270) 3 units. This course will cover the law regulating searches and seizures; the interrogation of suspects, witnesses, and defendants; bail; preliminary hearings; grand jury proceedings; the right to effective assistance of counsel; the right to trial by jury; discovery; guilty pleas; various trial procedures; and double jeopardy. Students who have already taken a criminal procedure course that focuses on police practices or on trial practices are eligible to take this course, provided they have not taken both such courses. Scheduled examination. S.B. Duke

Economics and Comparative Private Law (20636) 3 units. Parties engaging in economic exchange often organize their relationships through written contracts, firms, or other joint ventures. The class will study, with particular emphasis on comparative law and economic efficiency, the organization of exchange and the body of law and institutions that govern it. The approach adapted in the course is related to, but differs from, contract theory, which focuses on the design and implementation of optimal contracts. Contract theory aims to devise incentives schemes from scratch in search of efficient solutions given a certain legal and economic environment. This course, however, does not take existing institutions and law for granted. These institutional features are the units of analysis in the course. Students will develop a familiarity with everyday trading practices and basic legal rules of exchange, exploring whether and how these practices and rules facilitate efficient trade and investment. This comparative approach will emphasize the variability of legal private ordering rules, which grounds the choice of law and institutions as the unit of analysis. A principal topic of the course will be contractual solutions to the hold-up problem. Starting from seminal articles in the bilateral trade literature and the literature on breach remedies, the course will introduce students to the most recent relevant developments in the field, while maintaining a focus on comparative contract law and the laws of agency and business organizations. After developing a rigorous theoretical approach, particularly with respect to informational assumptions and legal defaults, the class will turn its attention to recent applications and empirical studies. Prerequisite: Basic Calculus, Intermediate Microeconomics, or permission of the instructor. This course will meet according to the Yale College calendar. The examination will be in December. Scheduled examination. Also ECON 276a R.R.W. Brooks

[The] Engineering and Ownership of Life (20332) 2 units. This course will examine the history of innovation in plants, animals, pharma, and human genes and the arrangements that innovators have devised through the law and by other means to establish and protect intellectual property rights in the fruits of their labors. Attending mainly though not exclusively to the United States, it will probe the history of these two subjects both in their own right and their connections to each other and the larger social, economic, and political context from the late eighteenth century to the present. The first half of the course, which will run to about 1950, will consider the history of plant and animal breeding and the role in establishing and maintaining intellectual property rights in plants and animals of devices such as breeder’s associations, paintings, contracts, trade secrets, and the Plant Patent Act of 1930, which provided the first patent coverage of any type of living organisms in the world. The second half of the course, which will run from ca. 1950 to the present, will cover in part advances in plant breeding and the enlargement of intellectual property protection for plants both in the United States and Europe through the creation of the plant variety protection system. The bulk of the second half will be devoted to the rise of genetic engineering; the establishment of broad patent protection for living organisms and their parts, including human genes, in the United States and Europe; the biotechnologies of medical diagnostics, pharmaceuticals, and agriculture; and the controversies surrounding these developments in the context of globalization. Paper required. This course will meet according to the Law School calendar. Enrollment capped at ten Law students. Also HIST 938a; HSHM 676a. D.J. Kevles

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

†Environmental Protection Clinic (20316) 3 units, credit/fail. A clinical seminar in which students will be engaged with actual environmental law or policy problems on behalf of client organizations (environmental groups, government agencies, international bodies, etc.). The class will meet weekly, and students will work eight to ten hours per week in interdisciplinary groups (with students from the School of Forestry & Environmental Studies and other departments or schools at Yale) on projects with a specific legal or policy product (e.g., draft legislation or regulations, hearing testimony, analytic studies, policy proposals) to be produced by the end of the term. Students may propose projects and client organizations, subject to approval by the instructor. Permission of the instructors required. Enrollment limited. Also F&ES 834a. D. Kysar, K. Kennedy, and B.J. Ho

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

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

[The] Ethics of War (20497) 3 units. This course will explore the Western tradition of just and unjust wars, in order to gain an understanding of when and how the set of practices to which we refer as “war” justifies killing that would otherwise be considered mass murder, and to work out what ethical rules ought to be required for the justification and the prosecution of war. The emphasis will be on ethical argument, not international law. Paper or self-scheduled examination. Enrollment limited. S.L. Carter

European Convention on Human Rights (20493) 3 units. This course, to be co-taught by the former President of the European Court of Human Rights, will be an introduction to the legal system established by the European Convention on Human Rights. Today, the Convention covers more than 800 million people and forty-seven Contracting States; and the Court has become the most active rights-protecting court in the world, receiving some 60,000 individual applications, and rendering about 1,500 fully reasoned decisions, annually. The course will be divided into three parts. The first will provide an overview of the legal system, focusing on the foundational texts, organizational machinery, and processes of rights protection. Part II will be devoted to the evolution of the case law of the Court in selected areas. Part III will examine the impact of the ECHR and of the Court’s case law on national legal orders. Students will be evaluated on the basis of (1) a take-home final examination or research paper (60 percent); (2) three short (2–3 page) “response papers” on the weekly readings (15 percent); and (3) attendance and participation (25 percent). The class will meet intensively for the first half of the term and less frequently during the second half of the term. Self-scheduled examination or paper option. A. Stone Sweet and L. Wildhaber

Evidence (20057) 4 units. A survey of the American approach to the production of evidence. Although the major focus will be the Federal Rules of Evidence, the course will also study constitutional principles and philosophical arguments. There will be some comparative work as well. Scheduled examination. S.L. Carter

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

Family, State, and Market II: Seminar (20172) 2 units. This seminar will consider how the laws that define and regulate the welfare state and the market also define and regulate the family. Students will write papers under close supervision. To that end, the seminar will initially meet for approximately five weeks in the beginning of the fall term: during those sessions, the class will discuss readings to give it a common foundation for scholarship. The class will not meet again as a group until approximately the last five weeks at the end of the spring term: at that time, each student will present his or her paper to the class. Papers may qualify for Supervised Analytic Writing or Substantial Paper credit, if the student successfully tackles and completes a more ambitious project. Throughout the year, regular meetings will be scheduled with each student to discuss the content and progress of his or her paper. Students should note that all papers must be completed by the end of the exam period in the spring term; no extensions will be granted, and zero credit will be given for the course if the paper is not completed on time. Permission of the instructors required. Paper required; no exam option. Enrollment limited to fifteen. A.L. Alstott and V. Schultz

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

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

Federal Indian Law (20038) 3 units. The course will examine the concept of indigenousness and the trajectory of legal relations between Native American tribes and the federal and state governments. Particular attention will be given to shifting federal policies, the development and jurisdiction of tribal courts, tribal sovereignty and legislative competence, tribal membership, criminal and family law, constitutional rights, taxation, gaming, and the control of natural and cultural resources. The role of the federal courts, including the changing approach of the Supreme Court, will be studied, as will the experience of other countries with indigenous populations. The American experience will be evaluated in light of the 2007 United Nations Declaration on the Rights of Indigenous Peoples. There will be a field trip. Self-scheduled examination. E.R. Fidell

Global and Comparative Administrative Law (20137) 2 or 3 units. A seminar that will bring together and explore the linkages between Global Administrative Law and Comparative Administrative Law. The former focuses on the policy-making processes inside international bodies and their openness to participation and review by outside groups and individuals. The latter considers how constitutional and administrative structures affect the nature and legitimacy of policy making in the executive and independent agencies. It asks how judicial review affects these processes. The seminar will consider the possible tensions between procedures that protect individual rights and those that enhance the democratic legitimacy of international bodies and domestic agencies. It will also examine the increasing role of scientific and social scientific expertise, and its possible tension with traditional public law doctrines. Professor Stewart is a founding member of the project on Global Administrative Law at NYU, and Professor Rose-Ackerman initiated a program on Comparative Administrative Law at Yale Law School. Students can either write a take-home final exam (2 units) or write a term paper that will generally count for Substantial Paper credit (3 units). Prerequisite: a course in U.S. administrative law or, for LL.M. students, a course in the administrative law of the EU or of the country where they studied law. Self-scheduled examination or paper option. Enrollment limited to twenty. S. Rose-Ackerman and R.B. Stewart

†How to Write about Law for the Press and the Web (20623) 2 units. This class is intended to teach students how to write for a broad audience—via the op-ed page of a newspaper, 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 some of the ethical issues that arise in the writer-subject relationship, how lawyers can ethically write about their work, and how they can work with the press as sources in a way that is compatible with their duties to their clients. Students will learn how to use the media to educate the public and advocate for issues that are of personal or professional interest. Paper required. Enrollment limited to fifteen. E. Bazelon

Human Rights Workshop: Current Issues and Events (20134) 1 unit, credit/fail. Conducted in workshop format and led by Professor Paul W. Kahn, Director of the Orville H. Schell, Jr. Center for International Human Rights, the course examines contemporary issues in human rights practice and theory. Speakers, both academics and practitioners, come to the School for a sustained discussion of their work. Readings are generally distributed in advance, and students are expected to come prepared to participate in the workshop discussion. This course will meet every other week. P.W. Kahn

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

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

*In-House Lawyering: Ethics and Professional Responsibility (20123) 3 units. This course will focus on the ethical challenges and professional responsibility issues facing corporate (or “in-house”) counsel. These issues can differ markedly from those faced in a law-firm context and must often be identified and resolved with limited external support. This course will be a thematic weekly seminar, generally dedicating each class to a specific issue (e.g., professional responsibility obligations when exercising general business discretion) or to a particular representational situation (e.g., differences in applying the rules among the corporate, nonprofit, and government contexts). Guest lecturers will occasionally supplement class discussion. There will be a foundational text, Martyn and Fox, Traversing the Ethical Minefield, but the readings for the latter portion of the course will focus on published opinions, law journal articles, and articles from the popular media (which will be available on the Internet 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

Intellectual Property: An Introduction (20402) 4 units. An introduction to the law of patent, copyright, and trademark. The course will study current policy debates about intellectual property reform and alternative methods for promoting innovation and knowledge production. Self-scheduled examination. I. Ayres

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

International Law and Armed Conflict (20495) 3 units. The course will cover international law as it relates to armed conflict. The bulk of the course will be divided between two areas of law: the jus ad bellum (the law that specifies the conditions under which it is permissible to use force) and the jus in bello (the law governing the conduct of hostilities). There will also be one or two weeks toward the end of the term devoted to consideration of the jus post bellum (the law governing postwar accountability for violations of the jus ad bellum or the jus in bello). In addition to developing a facility with the well-established concepts of law in this field, students will also engage in critical analysis of some of the weaknesses of the traditional framework and will consider the ways in which that framework is challenged by phenomena such as transnational terrorism and new technologies of war. Self-scheduled examination or paper option. K. Dannenbaum

†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, attorneys in the Legal Adviser’s Office at the U.S. Department of State, or other government actors or nonprofit groups working on issues relating to international law or foreign relations. 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 reach of the Treaty Power, the relationship between human rights law and the law of war, extraterritorial application of human rights obligations, the law of arms trafficking, 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 Supreme Court. Students will work both individually and in small groups to write reports on selected topics and, where 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.A. Hathaway

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

Islamic and Middle Eastern Law (20354) 3 units. This course will offer an overview of Islamic and Middle Eastern law and will cover the major legal subjects in the discipline, with a focus on the modern period. In addition to a historical survey of sources and periods of Middle Eastern law, topics will include constitutional law, judicial review, administrative law, obligations, commercial law, family law, human rights and criminal law, as well as special topics. Paper required. Enrollment capped at thirty-five. C. Mallat

[The] Judicial Role in Constitutional Interpretation: Comparing the U.S. and Canada (20561) 1 or 2 units. The Canadian Constitution explicitly authorizes the federal Parliament and provincial legislatures to override judicial rulings regarding broad categories of fundamental freedoms and legal rights. This provision appears in stark contrast to the U.S. scheme of judicial supremacy and finality in constitutional interpretation. The goal of this seminar is to explore the implications of this apparent difference between the two constitutional regimes—to assess the significance of judicial supremacy in principle and in practice, to consider whether this formal difference is more apparent than real, and to explore whether there are significant variances generally in the constitutional interpretative practices of the two courts. In pursuing this goal, the class will compare specific rulings by the U.S. and Canadian Supreme Courts regarding rights of secession by states or provinces; protections of ethnic, racial, or language minorities; rights of privacy (in abortion or physician-assisted suicide); rights to state recognition of same-sex marriage; and the propriety of state measures combating terrorism. The seminar will be jointly led by an American constitutional lawyer and a former Justice of the Canadian Supreme Court and will meet for six two-hour sessions on Thursday, September 13; Friday, September 14; Tuesday and Thursday, September 18 and 20; and Tuesday and Thursday, September 25 and 27. Paper required. Enrollment limited to twenty. R.A. Burt and F. Iacobucci

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

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

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

*†Lawyering Ethics Clinic (20114) 3 units, credit/fail. This is a clinical course in which students participate in the disciplinary process involving lawyers charged with violating ethical obligations to clients or other interested persons. The clinic’s goals are to help students understand the disciplinary process in Connecticut, and to think about how legal education should engage with the ethical issues facing lawyers. Under faculty supervision, students work with the Connecticut Office of Disciplinary Counsel, the body charged with prosecuting claims of lawyer misconduct, and are assigned to handle specific grievance cases. Students interview witnesses, collect documentary evidence, research legal issues, draft pre-trial briefs, and examine witnesses and present closing arguments at the disciplinary hearing. Students may also be involved in negotiating disciplinary sanctions with the grieved lawyer. Enrollment limited to six. D.E. Curtis and F.P. Blando

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

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

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

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

*†Legal Services for Immigrant Communities (20531) 3 units, credit/fail. LSIC offers students the opportunity to provide individual representation to a diverse group of clients by conducting outreach at Junta for Progressive Action, a community center in a New Haven neighborhood with a high concentration of immigrants. Students meet with individual clients and conduct intake interviews to hear clients’ stories and gather information about their cases. Cases involve a variety of practice areas, including immigration, labor and employment law, domestic violence, public benefits, landlord/tenant disputes, contract breaches, and disability rights. Students may appear in federal court, Connecticut state court, and immigration court as well as in various administrative proceedings. Seminar discussions focus on the professional and ethical challenges of advocating on behalf of immigrants and low-income individuals, confronting the overlapping and multiple needs of clients, and balancing the representation of individuals and service to the greater community. No language skills are required; however, students who speak Spanish will have opportunities to do so. Enrollment limited to ten. C.L. Lucht and S. Wizner

†Legal Writing for Litigators (20532) 3 units. This seminar will train students to prepare superb legal documents. Students will scrutinize exemplary legal writing to see how leading practitioners frame and develop their arguments and how they advance their clients’ strategic interests. The class will focus on briefs, but will also review numerous other types of litigation-related documents, and will explore various writing and research strategies. Students will prepare multiple assignments. Enrollment limited to fifteen. N. Messing

Legislation (20066) 4 units. An introduction to the practice, doctrines, and theories of statutory interpretation, as well as to the organization and procedures of legislatures. Topics include the jurisprudential and constitutional debate over whether statutory “law” consists of the enacted text or the legislature’s intent; how to read and write statutory text; how legislators produce “legislative history,” how lawyers research it, and how courts use it (and whether they should); the canons of statutory construction; the implementation of statutes by administrative agencies; and the special problems of appropriations legislation. Self-scheduled examination. N. Parrillo

†Legislative Advocacy Clinic (20352) 3 units, credit/fail. This clinical seminar will give students an opportunity to participate in the state legislative and policy-making processes by advancing—and defending—the interests of various Connecticut public interest organizations. 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 and be matched with a Connecticut public interest organization working on that issue. Recently, students in the clinic have focused on public education, juvenile justice, supports for low-income residents, state tax policy, and women’s health. One of the clinic’s long-time clients (Connecticut Voices for Children) is a key player on a broad spectrum of such policy issues affecting Connecticut families. The clinic’s work includes both affirmative legislative initiatives and defensive efforts to respond to proposed legislation deemed inimical to the interests of its clients. Issues of ethics and professional responsibility for lawyers working in the legislative arena will be an important focus of this clinic. In the fall term, students will develop policy proposals, participate in training sessions led by some of Connecticut’s most experienced lobbyists, meet with state legislators, and work with their client organizations to identify upcoming legislative issues. Once issues have been chosen for action, students will research the subject, work in coalition with other organizations, prepare and present “white papers,” and meet with legislators. In the spring, when Connecticut’s General Assembly is in session, students will meet with legislators to get their bills introduced, develop oral and written testimony in support thereof, identify other witnesses, help shepherd their bills through the committee process, and work to get them adopted. 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. J.L. Pottenger, Jr., S.D. Geballe, and A.A. Knopp

†Liman Public Interest Practicum (20632) 2 units, credit/fail. This course provides students with the opportunity to work on public interest law projects. Subjects range from immigration to criminal justice to poverty law. Illustrative projects include: addressing immigration enforcement and adjudication policies; researching conditions for women and families in immigration detention facilities; investigating avenues to curtail prosecutorial misconduct; analyzing how prison visitation rules operate in practice; developing educational materials for incarcerated and recently released people on parental rights and obligations; creating a manual for law enforcement regarding domestic minor sex trafficking; and researching how state and local tax regimes treat diapers so as to lower costs for low-income families and service providers. Another possible focus will be a project to commemorate the fiftieth anniversary of Gideon v. Wainwright. Students work in teams and meet regularly with supervisors. Permission of the instructors required. J. Resnik, L. Guttentag, H.R. Metcalf, S.M. Sanneh, and N. Rabin

Liman Public Interest Workshop: Borders (20324) 2 units, credit/fail. The workshop explores the concept of “borders” and how, in various contexts, law, political orders, and social movements construct, invoke, rely on, and relax borders. The class will explore the idea of borders, its relationship to territorial and jurisdictional borders, and its impact on relationships among individuals, communities, and states. Because civil/criminal, administrative/judicial, and federal/state systems of adjudication and enforcement seek to regulate individuals and borders, the class will consider such delineations, particularly as they relate to past, current, and proposed immigration policies. Borders also provide a lens through which to consider how certain groups—women, juveniles, the mentally ill, members of certain communities identified by religion or ethnicity—are made vulnerable and put at the periphery, literally or figuratively. The class will also address how legal regimes—family law, criminal law, employment law, immigration law—interact, as well as consider what role the idea and assertion of sovereignty plays in these domains. Auditors are welcome, with permission of the instructors. J. Resnik, H.R. Metcalf, S.M. Sanneh, L. Guttentag, and N. Rabin

*[The] Lives of Lawyers (20357) 2 units. By learning how to conduct, edit, and analyze oral interviews with accomplished lawyers, students in this course will explore contributions individuals have made to legal and political culture; to legal doctrine; to individualized justice; and to the changing nature of American legal practice. This course proceeds from readings of key historical and theoretical works that employ interview and first-person narratives; to a comparison between oral history approaches and traditional legal interviewing; and then to the development of skills through hands-on interviewing, transcribing, editing, and analysis of oral history interviews. Students will be required to submit an edited interview transcript incorporating or accompanied by an interpretive review. Interview subjects will be Yale Law School alumni selected principally by students themselves. The interview products will be deposited or disseminated; the interview process itself may lead students to confront their own career path and the satisfactions and dissatisfactions attached to their chosen profession. Please note that a grant from the Oscar M. Ruebhausen Fund will provide students with travel funds for their interviews, and also with the necessary videotaping and sound recording equipment. Permission of the instructors required. Paper required. Enrollment limited to fifteen. D. Markovits and N.I. Silber

†Local Government in Action: Workshop on Affirmative Litigation in the City of San Francisco (20498) 1 unit, with the option of additional units. This course will introduce students to local government lawyering. Working directly with attorneys from the Affirmative Litigation Task Force in the San Francisco City Attorney’s Office, students will have an opportunity to brainstorm about potential projects, research the most promising ideas for lawsuits, assist in filing a case, or help litigate one already under way. The course will address both theoretical issues (What roles should cities play in our democracy? Can cities further the public interest through litigation?) and practical ones (city-state relations, standing issues). The first part of the course will acquaint students with broader legal and policy issues associated with affirmative litigation. The students will then break into independent working groups organized by subject area (the working groups will be designed to accommodate student interests and preferences). Each working group will either develop and propose a potential lawsuit, or assist in one of the City’s ongoing affirmative litigation cases. Students joining in the fall are expected to make a one-year commitment (both fall and spring terms). Those interested in receiving professional responsibility credit for this course will be expected to do additional class work in the fall. In addition, any student enrolling in this course for the first time in fall 2012 must complete their one-year commitment in the course to receive professional responsibility credit. Permission of the instructors required. H.K. Gerken and A. Grogg

*†Lowenstein International Human Rights Clinic (20188) 3 units, credit/fail. Students will work on a variety of human rights projects, generally in support of advocacy efforts of human rights organizations. Projects are designed to give students practical experience with the range of activities in which lawyers engage to promote respect for human rights; to help students build the knowledge and skills necessary to be effective human rights lawyers; and to integrate the theory and practice of human rights. Class sessions will provide an overview of basic human rights principles and their application and instruction in human rights research and writing skills. The clinic will have one or more student directors. Interested LL.M. students must consult with the instructor before enrolling. Permission of the instructors required. Enrollment limited to eighteen. J.J. Silk and H.R. Metcalf

Markets, Norms, and Regulations (20626) 1 unit. The course will focus on government and private decision making under conditions of high normative diversity and uncertainty. Firms seeking to penetrate markets, and government entities seeking to regulate markets, will often confront conditions of extreme ambiguity that are made up of plural actors with distinct values. The course will explore how decision making should proceed under such conditions. Each class will feature a guest speaker. Likely speakers will include Graham Allison, Ronald Dworkin, Paul Volcker, and Gillian Tett. Paper required. Enrollment limited. Also MGT 696a. R.C. Post and T.C. Collins

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

Media Law (20566) 2 units. This course will study the regulation of communications media, including newspapers, broadcast media, cable, and the Internet. Topics will include telecommunications regulation, defamation, rights of publicity, privacy, access to information, and press freedom. A previous course on the First Amendment or Intellectual Property law is not required. Scheduled examination or paper option. Enrollment capped at twenty-five. A.S. Cohen

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

†Negotiation: Theory and Practice (20385) 3 units. In this course students will study negotiation from theoretical and practical perspectives. The course will use lecture, discussion, film, and simulations to introduce students to the key features of negotiation. Each student will engage in a series of role-play exercises with opportunities for critique and debriefing. One or more speakers from the Quinnipiac-Yale Dispute Resolution Workshop may appear as guest speakers. The course grade will be based upon class participation, a series of short reflective papers, and a longer final paper. Enrollment limited to eighteen. J.G. Brown

Nonprofit Organizations Clinic (20051) 1 or 2 units, credit/fail. This clinical workshop will serve the needs of nonprofit organizations, nascent and established, that require help in the process of organization and incorporation, in obtaining tax exemption, and in solving ongoing legal problems, but cannot afford to retain private counsel. The class will meet as a group on six Fridays in each term. *Students who take the clinic for 2 units and who attend two professional responsibility sessions will satisfy the professional responsibility requirement. †Students may only satisfy the professional skills requirement through this course if they receive 2 or more units. Also MGT 695a. J.G. Simon, M. Agsten, L.N. Davis, and B.B. Lindsay

Property (20207) 4 units. This course will consider the laws, relations, and customs governing the allocation and redistribution of property. The course will begin by comparing approaches to allocating initial property entitlements in land and resources. It will then explore different regimes for ownership and possession in property. While the course’s main focus will be on property in land, the class will also explore property rights in natural resources, ideas, body parts, and ventures. Topics will include estates in land, co-ownership, eminent domain, landlord-tenant law, land use regulation and zoning, covenants and easements, common interest communities, nuisance law, and property transactions. Scheduled examination. S.M. Stern

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. It will begin with some basic theories about the “commons” problem and the ways that property rights do or do not address that problem. Time permitting, other topics will include: land rights for squatters in less developed countries (primarily Latin American, Africa); land reform and development projects (primarily less developed countries); wildlife and fisheries management (global); water management (United States, Asia, Latin America); tradable pollution rights (United States); carbon trading schemes, particularly for tropical forest maintenance (global, tropical areas); free-market environmentalism and private land use restrictions (conservationist or exclusionary?) (United States and global); and indigenous land claims and claims to intellectual property (global). While the class will search for common themes about the range, capacities, and limitations of property regimes, theoretical purity should not be expected in this overview; moreover, topics may change in response to particular student interest. The class will meet twice weekly during the first seven to eight weeks of the term. Paper required; may be reflective (2 units) or research (3 units). Enrollment limited to fifteen. C.M. Rose

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

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

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

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

Regulating Sexuality: Legal and Psychological Perspectives (20379) 2 units. In 1973, the American Psychiatric Association removed homosexuality from its diagnostic designation as a mental disease. In 2003, the U.S. Supreme Court ruled that states could not treat same-sex sodomy as a criminal offense (reversing its 1986 decision constitutionally approving such criminalization). What was the impetus for the condemnatory psychiatric and legal regulations that were thus overturned? What was the impetus that led to this regulatory reversal? What are the forces impelling the current advocacy efforts both for and against state recognition of same-sex marriage? Do the changes arise from new conceptions of psychological abnormality, of societal welfare, or morality? This seminar will ask these same questions regarding issues of gender identity, prostitution, pornography, and violence in intimate relationships. In exploring these questions, the class will specifically invoke psychoanalytically based psychological conceptions of individual and social behavior, especially regarding unconscious thinking processes; one goal of this seminar is to acquaint students with these conceptions and to evaluate their usefulness in understanding the regulation of sexuality. Paper required. Enrollment limited to twenty. R.A. Burt, B. Marcus, and B. McKee

Regulation and Institutional Design (20540) 2 or 3 units. This course will survey a number of basic questions concerning the design of regulatory institutions. Readings will include general materials related to the history of, theoretical justifications for, and political economy of American regulation. We will also look at a number of examples or case studies of particular regulatory programs designed to protect public health and safety, consumer welfare, the integrity of financial intermediaries, aesthetic and moral values, and so on. The ambition is to understand why various regulatory regimes take the form that they do and how those designs have performed in relation to their objectives. Students will be required write brief bi-weekly reaction papers commenting on the assigned readings and to submit a final paper expanding upon one of those reaction papers or discussing some other topic related to the course readings and discussion. Three units will be awarded to students doing research papers for Substantial Paper or Supervised Analytic Writing credit. Supervised Analytic Writing and Substantial papers are available only if an agreed topic has been selected and a schedule for submission of drafts has been set by the date of the sixth class session. All papers must be submitted by the last day of the examination period for the fall term. No exceptions. Enrollment limited to fourteen. J.L. Mashaw

[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, Morgan, 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 Anti-Trust 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; no examination. G.L. Priest

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

†[The] School to Prison Pipeline Project: Creating a New Clinic (20312) 3 units, credit/fail. A clinic focusing on disrupting the “school to prison pipeline” will launch in the fall of 2013. Once up and running, the clinic will work to challenge the various policies, practices and institutions that push young people out of school and into the juvenile and adult criminal systems. Such policies, practices, and institutions include: (1) the presence of police in schools, which can encourage disciplinary infractions to be referred to juvenile and criminal court; (2) zero tolerance and other school disciplinary policies that encourage punitive responses to school discipline issues; (3) inadequate procedural protections in the school disciplinary process, including limited access to advocates for youth; (4) overbroad notification policies that require police officers and/or juvenile courts to notify schools of a student’s arrest for non-school-related conduct; (5) failing disciplinary alternative schools, to which young people are often referred after being suspended or expelled; and (6) juvenile and adult criminal courts that too often fail to rehabilitate young people. The clinic will adopt a solutions-oriented stance, focusing on the range of tools lawyers might use to critique and challenge existing systems and build better alternatives.

In the fall of 2012, we will lay the foundation for the work described above. In this one-term seminar we will begin to map community needs and assets here in New Haven and in Connecticut in order to determine the best structure for the clinic. We will consider the following questions, among others: Do we need a clinic like this? If yes, what are the forces that lead young people to be suspended and expelled from school, as well as incarcerated in juvenile and adult facilities? What community resources exist to respond? Where are the gaps in the community’s ability to respond? What are the most powerful levers for creating change? How can lawyers—and a law school clinic—make a contribution? In light of the answers to these questions, what methodology or combination of methodologies should we consider: litigation, policy and advocacy, technical assistance, community organizing, direct representation in school hearings and/or juvenile cases, and/or something else? To answer these questions, students may be involved in reviewing published literature on relevant topics, conducting informational interviews (both locally and nationally), gathering relevant and current school-based regulations and policies, court watching, attending relevant trainings, community outreach, historical research, and data analysis. Students should expect to prepare written reports on one or more of the various questions and, if possible, to contribute to the development of a “clinic manual” for the fall 2013 clinic offering.

Students may sign up for the planning seminar without committing themselves to enrolling in the clinic. However, because I hope that some of the students who participate in the planning seminar will enroll in the clinic when it launches, I will give preference to students who will be second-year students in the fall of 2012 and third-year students in the fall of 2013. One of our tasks during this planning term will be to determine whether the clinic should ultimately be housed inside or outside of LSO. For the purposes of the seminar, students may register regardless of whether they are enrolled in an LSO clinic, a non-LSO clinic, or no clinic at all. This seminar is open only to J.D. students. Permission of the instructor required. Enrollment limited. J. Forman, Jr.

Secured Credit (20317) 3 units. This course will examine the use of credit and collateral in sale and loan transactions ranging from routine consumer purchases to complex business transactions. The primary source of the law is Article 9 of the Uniform Commercial Code, but we will also explore real estate law and federal bankruptcy law to the extent necessary to understand the secured financing system. The course is problem-based and considers both statutory interpretation and policy in exploring how the legal system balances the interests of the various parties to secured financing transactions. Self-scheduled examination. E.J. Janger

Securities Regulation (20288) 4 units. A comprehensive examination of federal laws and regulations relating to the issuance of securities, fraud, insider trading, control transactions, brokers and dealers, investment companies, and private and public enforcement mechanisms. Scheduled examination. R.K. Winter

Sentencing (20345) 3 units. An examination of the history, philosophy, and administration of the criminal sentencing process. Particular attention will be devoted to: (1) how judges, apart from guidelines, exercise discretion in light of the circumstances of crimes, discretionary decisions by prosecutors, characteristics of offenders, and choices among permissible sanctions and purposes of sentencing; and (2) whether, in the wake of guidelines—even “advisory” guidelines—and mandatory penalties, fact-finding judges may continue to individualize sentences and if so, how. The course will explore different kinds of sentencing regimes—state guideline systems, international models on which sentencing standards have evolved from common law decision making or judge-imposed guidelines (Australia, Israel, England), the American Law Institute’s revision of the Model Penal Code’s sentencing provisions, and the federal sentencing guidelines. The course will also explore the relationship between sentencing guidelines and the criminal code; the interplay between principles of proportionality, severity, and parsimony; and the impact of race, class, and gender on case outcomes. Paper required. Enrollment limited. D.E. Curtis and S.H. Stein

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

Start-Ups and the Law Practicum (20634) 2 units. This class will explore the range of legal issues start-ups face as they move from conception to formation to sale or initial public offering. With the assistance of leading attorneys in the field of entrepreneurship from the New York City law firm Gunderson Dettmer, the first part of the course will be focused on issues in corporate formation such as choice of entity, registration requirements, shareholder agreements, and equity splits. The second part of the course will focus on intellectual property issues, including purchasing protection and the securing of licenses. The final part of the course will address issues in corporate finance, such as valuations, investor term sheets, the creation and sale of securities, investors’ rights agreements, and voting agreements. Students will work under the guidance of Gunderson Dettmer attorneys to conduct one to three research-based projects on behalf of innovative start-ups based in either New Haven or New York. Enrollment limited. J. Rubenfeld

Strategic Impact Litigation: Constitutional and Civil Rights Issues (20628) 2 units. This seminar will explore strategic and doctrinal issues related to the role of impact litigation to advance civil and constitutional rights in today’s legal environment. The course will draw on the instructor’s decades of experience litigating immigration and civil rights law reform and class action cases in federal courts nationwide as founder and director of the ACLU’s national Immigrants Rights’ Project. In the context of civil rights issues such as LGBT equality, police practices, immigrants’ rights, and other social justice areas, the course will explore the intersection of theory and practice. Topics will include such issues as test cases; contemporary doctrinal restrictions; strategic pleading; jurisdictional and justiciability problems; class action barriers; the role of traditional class action structural reform litigation; the use of amicus briefs; suits for damages versus injunctive relief; settlement strategies and issues; coalition litigation; media, public advocacy, and community organizing; and using lawsuits as a trigger for legislative change. Guests with expertise on a range of civil rights issues will be invited. Students interested in applying must submit a short statement of interest (300 words maximum) to the Registrar’s Office. A paper will be required, and Substantial Paper credit may be possible for a very limited number of students. No previous courses required; familiarity with constitutional issues is assumed. Enrollment limited to sixteen. L. Guttentag

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

Taxation of Business Intermediaries (20033) 2 units. The goal is to understand the federal income taxation of real estate investment trusts, regulated investment companies, S corporations, and other business intermediaries or pass-through entities, and also to consider the policy issues which they raise. As a consequence, the questions are broad (e.g., Why do we have so many pass-through entities? Why do the rules for each differ? What are the issues for different classes of investors? Is simplification possible?) and narrow (e.g., How is entity-level tax eliminated in the case of an RIC? In the case of an REMIC? In the case of an S corporation?). Prerequisite: students must have completed at least one other income tax course. Attendance is required at the first and all subsequent classes. Self-scheduled examination. Enrollment capped at twenty. W.B. Taylor

Tax Policy (20157) 2 units. In this course students will read and produce scholarship in taxation and tax policy. The course will meet several times in the fall to discuss readings and may discuss works in progress with visiting scholars. The course will then switch to tutorial mode, and the instructor will offer close supervision of student papers. The class will meet again near the end of the spring term so that students can present papers. Prerequisite: Federal Income Taxation or permission of the instructor. Note: no credit will be given unless the student completes his or her paper by the end of the spring-term examination period. Permission of the instructor required. Paper required; no exam option. A.L. Alstott

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

*†Veterans Legal Services Clinic (20569) and Fieldwork (20596) 2 units, credit/fail, with a graded option, for each part (4 units total). The clinic and fieldwork must be taken simultaneously. There are approximately 250,000 veterans residing in Connecticut, many with acute and unique legal needs related to their military service or return to civilian life. In this clinic, students represent Connecticut veterans in a range of individual litigation and institutional advocacy matters. Pending individual matters include (1) disability benefits applications for veterans who have suffered PTSD, cancers attributable to Agent Orange exposure, sexual assault, and other injuries, in the first instance, on administrative appeal, and on judicial review of administrative denials; (2) discharge upgrade applications, on administrative appeal and in U.S. District Court, for combat and other veterans who received other-than-honorable discharges; and (3) other civil matters such as a pardon and naturalization applications and affirmative civil rights litigation. Students also represent local and national veterans organizations in Freedom of Information Act litigation in U.S. District Court, legal needs assessment research in Connecticut, and federal and state regulatory and legislative advocacy concerning treatment of service members who have suffered military sexual assault and rape, veterans wrongfully discharged on the basis of an alleged personality disorder, and veterans involved in the state criminal justice system. The seminar portion is a practice-oriented examination of advocacy on behalf of veterans and of social justice lawyering generally. Permission of the instructor required. Enrollment limited. M.J. Wishnie, F. Doherty, and M.M. Middleton

War and Human Rights: Rethinking Perpetual Peace (20559) 2 units. In war, law is silent (Cicero: Inter arma silent leges), and human rights are breached since the very right to life is no longer the norm. Since Kant’s Treaty for Perpetual Peace (Zum ewigen Frieden, 1795), law has been qualified as “cosmopolitan law” to put an end to war, and human rights have become embedded in constitutions and universal declarations and treaties. Yet wars persist and human rights continue to be honored mostly in the breach on the international scene. The course will look at the failure and continuity of the Kantian project in the UN Charter, as well as the stubborn persistence of human rights in the Geneva and other war conventions despite their systematic breach. A complementary or alternative general theory of “perpetual peace” stands at the core of the seminar discussions, as well as the impact of the contemporary variations on warfare on the growing body of human rights. Paper required. Permission of the instructor required. Enrollment limited to twelve. C. Mallat

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

*†Worker and Immigrant Rights Advocacy Clinic (20465) and Fieldwork (20468) 2 units, credit/fail, with a graded option, for each part (4 units total). Students will represent immigrants and low-wage workers in Connecticut in labor, immigration, trafficking, and other civil rights areas, through litigation for individuals and non-litigation advocacy for community-based organizations. In litigation matters, students will handle cases at all stages of legal proceedings in Immigration Court, U.S. District Court, and other forums. The non-litigation work will include representation of grassroots 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 (four credits each term). The clinical course and fieldwork must be taken simultaneously in both terms. Permission of the instructors required. Enrollment limited. M.J. Wishnie and A. Lai

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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.

†Access to Knowledge Practicum (21264) 2 or 3 units. Students will work on articles and research projects that promote innovation and democratic values through the design, implementation, and reform of rules relating to intellectual property, telecommunications, antitrust, the Internet and new media, online privacy, and other issues. These laws and policies shape the delivery of health care services, the design of new information technologies, international trade, access to education, opportunities for either civic engagement or repression, and sharing of research and culture around the globe. Questions arising from the sometimes tortuous application of existing legal and regulatory frameworks to new technologies, and vice versa, will provide rich source material for student projects and articles. Students will have the opportunity to receive detailed feedback on multiple drafts of an article. In addition, this course will offer opportunities for direct engagement with public interest organizations, attorneys, and governmental officials in preparing drafts of statutes, responding to FCC and FTC proceedings, contributing to litigation, providing counsel to start-ups, and taking part in Congressional hearings. Paper or research project required, to be supplemented by doctrinal and theoretical readings. Students may enroll in both the fall and spring terms. Enrollment capped at twelve. J.M. Balkin, M.E. Kaminski, and C.M. Mulligan

Administrative Law (21601) 4 units. There are vast areas of life in which much (often most) lawmaking and legal interpretation falls to administrative agencies, rather than to legislators and judges. Examples include the functioning of markets in securities, telecommunications, and energy; the safety of food, drugs, cars, airplanes, and workplaces; the regulation of pollution, public land use, advertising, immigration, election campaigns, and union organizing; and the distribution of all kinds of social welfare benefits. This course will introduce the legal and practical foundations of the administrative state, considering rationales for delegation to administrative agencies, procedural and substantive constraints on agency rulemaking and adjudication, judicial review of agency actions, and the relationship of agencies to Congress and the President. Self-scheduled examination. N. Parrillo

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

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

Advanced Detention and Human Rights Clinic (21705) 3 units, credit/fail, with a graded option for returning students. Prolonged social and sensory deprivation can have lasting and documented effects on an individual’s mental health, yet it is a routine part of the U.S. prison system, as exemplified by the proliferation of “supermax” prisons over the past two decades. Clinic members work on teams with individual clients in extreme isolation on matters relating to their mental health, reentry, and other needs. In addition, clinic members work to address collective concerns among clients by engaging in various forms of advocacy, including the incorporation of human rights standards and instruments. Permission of the instructors required. J.J. Silk and H.R. Metcalf

Advanced Education Adequacy Project (21558) 1 to 3 units. Open only to students who have completed the Education Adequacy Project clinic. Permission of the instructors required. H. Cantwell, D. Rosen, A. Knopp, and M. Weisman

Advanced Ethics Bureau (21686) 1 to 3 units, credit/fail, with a graded option. This course is for students who have already taken either Ethics Bureau at Yale or the instructor’s course, Traversing the Ethical Minefield, and who wish to earn one to three units by contributing further to the work of the Bureau. Permission of the instructor required. Enrollment limited to eight. L.J. Fox

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

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

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

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

†Advanced Legal Research: Methods and Sources (21027) 3 units. An advanced exploration of the specialized methods and sources of legal research in some of the following areas: administrative law; case finding; computer-assisted research; constitutional law and history; court rules and practice materials; international law; legislative history; and statutory research. Class sessions will integrate the use of online, print, and other research sources. Laptop computer recommended. Research problems required; paper required for honors eligibility. S.B. Kauffman, R.D. Harrison, J.B. Nann, and C. Tubbs

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

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

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

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

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

Advanced Veterans Legal Services Clinic (21631) 1 to 3 units. Open only to students who have completed the Veterans Legal Services Clinic. Permission of the instructors required. F. Doherty and M.M. Middleton

Advanced Worker and Immigrant Rights Advocacy Clinic (21555) 1 to 3 units. Open only to students who have completed the Worker and Immigrant Rights Advocacy Clinic. Permission of the instructors required. M.I. Ahmad and A. Lai

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

American Indian Tribal Law (21709) 2 units. The course will study the internal law and legal institutions of American Indian tribes, including tribal constitutions, statutes and ordinances, customary law, and tribal common law. Among the issues to be examined are intertribal common law, the interaction between tribal and non-tribal sources of law, judicial independence, political questions, citizenship, civil rights and liberties, and family law. The course will consider whether there should be an American Indian Supreme Court, and if so, how it should be designed and what obstacles it might face. Permission of the instructor is required for students who have not taken Federal Indian Law. Paper required. E.R. Fidell

American Legal History, 1861–1968 (21063) 3 units. Selected topics in the history of American law, legal thought, legal institutions, and the legal profession from the Civil War to the late twentieth century. Self-scheduled examination or paper option. Also HIST 760b. J.F. Witt

American Legal History: Research Seminar (21682) 3 units (2 fall, 1 spring). This course is designed for students interested in writing publication-quality papers on any topic in American legal history, broadly conceived. The class will meet for the first few weeks of the fall term to discuss methods, models, and technologies in writing legal history, and will resume meeting toward the end of the spring term to discuss each other’s drafts. The main focus of the course is for each student, in consultation with the instructor, to choose and develop a topic, hunt down and analyze primary sources, and write an original contribution to the relevant literature. Students must enroll for both terms. Paper required. Open only to students who were enrolled in the fall section. Permission of the instructor required. Enrollment limited to eight. N. Parrillo

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

†Arbitration in the United States (21710) 2 units. Arbitration has become a common (and sometimes controversial) method to resolve various contractual disputes that would otherwise arise in state and federal courts. This course will introduce students to the law, theory, and mechanics of arbitration in the United States. Self-scheduled examination or paper option. N. Messing

Behavioral and Institutional Economics (21458) 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, institutions to foster economic development. This course assumes some knowledge of economics but does not make heavy use of mathematics. This course will meet according to the Yale Graduate School calendar. Midterm examination and take-home final exam of short essay form. Also ECON 527b; MGT 565b. R.J. Shiller

Business Organizations (21241) 4 units. A general introduction to the role and structure of organizational law. Although broadly held business corporations will be the principal focus of the course, attention will also be paid to other modes of organizing both commercial and noncommercial enterprise. Scheduled examination. H. Hansmann

Business Organizations (21418) 4 units. An introduction to the business corporation laws affecting the rights and roles of business organizations, including corporations, limited partnerships, and limited liability companies. Particular attention will be paid to the legal responsibilities of corporate boards of directors and senior executive officers, and to the rights of shareholders. While the course will emphasize issues affecting large, publicly traded firms like Facebook and IBM, close attention will also be paid to the particular issues that arise in the context of closely held private businesses. Investors’ 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. Required self-scheduled examination. J.R. Macey

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

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

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

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

†Community and Economic Development (21016) 3 units, credit/fail. CED is one of the most interdisciplinary law school clinics in the country. In addition to law students, the clinic is open to students from the Schools of Management, Divinity, Forestry & Environmental Studies, Public Health, and Architecture with prior approval from a Law School faculty member. CED is also unusual in that it offers law students the chance to do pro bono transactional lawyering and policy work, rather than litigation. CED focuses on issues of neighborhood revitalization, education, social entrepreneurship, sustainable development, financial access, and financial inclusion as they relate to community and economic development. Students in CED represent and partner with community organizations, nonprofits, banks, local government, and small businesses. They work in regulatory, transactional, business, policy research, development and advocacy, and strategic capacities.

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

The current working groups are: Housing Development, Community Banking, Food Policy, and Community Development Organizations. As work develops in new areas, additional groups will form based on need and interest. While we try to accommodate individual preference, we cannot guarantee that you will be assigned to your first-choice group if you sign up for CED.

The class seminar will meet once a week for two hours. Permission of the instructors required. Enrollment limited to twelve. J.L. Pottenger, Jr., S.M. Hudspeth, J.T. Marshall, C.F. Muckenfuss, and L.P. Nadel

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

Comparative Consumer and Products Liability Law (21318) 2 units. The course will explore topics related to consumer protection and product liability laws in the United States from a comparative and, where relevant, an international perspective. The class will consider cases of deception, fraud, and injury that arise when consumer products and services are purchased. The class will study how similar problems are handled differently by laws and administrative rules in the United States, selected countries of the European Union, and China. The response of U.S. agencies, such as the new Consumer Financial Protection Bureau, the Federal Trade Commission, the Consumer Product Safety Commission, the Food and Drug Administration, and rules provided by the common law and Uniform Commercial Code, are compared to foreign analogs, including the rulings of pan-European courts and administrative tribunals. Topics covered include the comparative study of remedies available under warranty and contract laws; the study of product disclosure and labeling requirements; the treatment of automotive injury claims; legislative actions affecting food safety and public health; antifraud and privacy protections for electronic commerce; and challenges to deficiencies in the delivery of health care. Paper required. Enrollment capped at twenty-five. N.I. Silber

Comparative Corporate Capitalism (21180) 2 or 3 units. Forms of industrial ownership and control vary widely from one country to another. The type of corporate capitalism that is found in the United States, and that is the usual subject of law school courses in corporate law, is in fact something of an outlier among these forms. This seminar will examine the organization of enterprise in a range of both developed and developing countries in an effort to comprehend their variety, to probe the reasons for the patterns that are seen, and to understand the particular problems that the various systems present. As part of this exercise, the class will look at the ways in which organizations and organizational law have evolved in different countries over recent centuries and will speculate on the directions in which they will continue to evolve in the future. Students will have a choice between doing a series of short papers on the readings for 2 units or a single substantial paper for 3 units. Permission of the instructor required. Enrollment limited to fifteen. H. Hansmann

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 their own. Self-scheduled examination or paper option. J.Q. Whitman

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

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

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

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

Complex Litigation (21718) 4 units. An international marketplace and a broad-based consumer society have made the litigation of mass injuries an increasingly normal part of the landscape of civil justice. Over the past three decades, complex litigation and particularly class actions have earned tremendous attention from legislators, practitioners, judges, and scholars, as lawyers have debated intensely whether civil justice in the United States needs sweeping reform. As evidenced by the Federal Judicial Center’s Manual for Complex Litigation, an increasingly indispensable text for the sophisticated litigator, complex litigation has become its own discipline. Lawyers who hope meaningfully to understand and successfully to practice in sophisticated litigation have to understand how this system operates, how it builds upon but also modifies basic procedural doctrine, and how it impacts public regulation through private litigation. Students will study various procedural issues that arise in complex cases but focus in particular on mechanisms for claim aggregation. These include class actions, multidistrict litigation, and more informal means for the joinder of cases. Self-scheduled examination or paper option. D. Marcus

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

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

[The] Constitution, the Common Law and the Corporation: Directed Research (21181) 1 to 3 units. A course devoted to preparing papers derived from the fall-term discussions. Permission of the instructor required if the fall course was not taken. Paper required. J.G. Deutsch

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

Contemporary Legal Issues in Africa (21139) 1 unit, credit/fail. This reading group will meet once a week at lunchtime to discuss current events in Africa, with special emphasis on events that raise issues of international law. Each student will be given responsibility for a particular region of Africa and will report weekly on the important events in that region. One unit of credit is available for participants. Students who wish to do more extensive research into the legal issues in their particular region can make special arrangements for additional study, including the awarding of Supervised Analytic Writing credit. It is possible to take this course more than once. No previous background is assumed, only a general interest in increasing awareness of what is currently going on in Africa. L. Brilmayer and D. Wade

Corporate Reorganization in Bankruptcy (21420) 4 units. A course on the law of corporation reorganization under Chapter 11 of the Bankruptcy Code. Relevant statutory sections and their judicial interpretation are analyzed in depth. In addition, financial issues faced by firms in distress, and forms of conflict between creditors and equity holders, are studied to provide context to the legal issues and lay a foundation for the types of practical questions on which corporate bankruptcy counsel is asked to advise. Included is a basic overview of asset and debt valuation methods. Specific topics covered include leveraged buyouts, workouts, going-concern asset sales in bankruptcy, and the treatment in bankruptcy of collective bargaining agreements. Prerequisite: Business Organizations. Previous study of bankruptcy law is not required. Scheduled examination. R. Squire

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. This course is open only to J.D. students. Prerequisite: Federal Income Taxation. Self-scheduled examination. A.L. Alstott

Crime and Justice in New York: Seminar (21301) 2 units. Crime and justice in New York have a unique place in the political culture and popular imagination of American criminal law. From the gangs of colonial New York to the present, its streets and institutions have shaped our understanding of the social and economic organization of crime in American cities. New York has been the laboratory where public policing was born and where modern innovations have shaped policing in the United States and across the world. It has been the center of American crime markets, both on its streets and in its financial institutions, as well as witness to legendary episodes of police and political corruption. Its prisons have been sources of conflict where modern reforms were born and then died. For more than a century, from the early twentieth-century anarchists to contemporary political conflict, New York has been the epicenter of national security efforts. This seminar will closely study these historical and modern dramas of crime and justice in New York. Participants will focus on the interactions between the political economy of crime and the responses of New York’s criminal legal institutions, and the responses of its citizens to its criminal justice regime in a constantly changing city. Grades will be based on (1) student presentations in weekly meetings, and (2) a final paper. Substantial Paper credit is optional. Paper required. Enrollment limited. J. Fagan

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

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

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. Supervised Analytic Writing or Substantial Paper credit available. Permission of the instructor required. Paper required. Enrollment limited to eight. S.B. Duke

[A] Critical History of U.S. Energy Law and Policy (21720) 2 or 3 units. Why does U.S. environmental law work reasonably well to achieve its declared objectives but energy law does not? Since the 1973 Arab oil embargo, every president has declared as a central goal of national policy for the U.S. to become less dependent on imported oil, but our “addiction” to imported oil (in the words of George W. Bush) has only increased. And this is in a country that is among the richest in the world in deposits of oil, natural gas and coal, as well as renewables opportunities. This research seminar will examine national energy law and policy since World War II with the objective of understanding why the legal techniques that we have applied have been so unsuccessful in achieving their declared objectives. The class will focus particularly on policies intended to stimulate renewables and other alternative sources of energy, including energy efficiency. But unlike past courses, this one will consider renewables not in isolation but in dynamic interrelationship with policies toward conventional fossil sources of energy. A third unit is by arrangement with the instructor. Supervised Analytic Writing or Substantial Paper credit available. Paper required. Enrollment capped at forty. E.D. Elliott

Doing Good in Developing Countries: NGOs, Humanitarian Commitments, and American Foreign Policy (21689) 2 units. This course will examine critically the interplay of international humanitarian principles and American foreign policy, wherever Western nongovernmental organizations seek to achieve sustainable change or respond to crises in the developing world. It will attempt to challenge conventional wisdom among U.S. law and policy makers, the NGO community, and the academy on the latitudes and limitations of Western normative models such as “rule of law” and “civil society.” The familiar issue of whether rights are universal or culturally relative is one of the foundational questions that must be examined, along with the cliché of “ownership” of development projects by the people of the host state. Other foundational questions concern: How should a morally committed individual from one culture set out to do good for people from radically different backgrounds? How can we assure authenticity when representing the needs of persons from other cultures? And can a government—in particular, the government of a privileged Western nation—be trusted to undertake the care of citizens of other states? Specific operational issues will include the appropriate role of faith-based organizations, working under unlawful or undemocratic regimes, the reach of U.S. antidiscrimination (and other) principles, salary and benefits parity, and the tension between mission and security. The instructors are a Yale Law School professor with a longstanding interest in moral issues raised by Western “development” efforts and an attorney with more than a decade of practical experience as general counsel to a large and successful development and relief NGO. Supervised Analytic Writing or Substantial Paper credit available by special arrangement. Paper required. L. Brilmayer and C. Carr

Economic Issues in Legal Procedures (21342) 2 units. Economic analysis of procedural issues is one of the best-developed areas of law and economics. This analysis has been used both descriptively, to describe how parties will behave, and normatively, to comment on the efficiency of various procedural rules. Students in this seminar will study how economic analysis, and in particular game theory, is used to analyze a variety of issues in legal procedure (broadly defined). Students will get some choice as to the topics we cover. Some of the possibilities include various aspects of settlement behavior, fee-shifting rules, discovery, burden of proof, the right to silence, and appeals. While some familiarity with game theory will be helpful, the class will focus on the simplest examples and applications to illustrate the main techniques and insights in a way that should be accessible to all. Permission of the instructor required. Paper required. Enrollment limited to ten. A.L. Wickelgren

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

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

Empirical Law and Economics (21527) 3 or 4 units. The goal of this course will be to develop an understanding of the major tools of statistics and econometrics that are used to empirically investigate causal claims about law and public policy. Through a careful examination of some of the major empirical debates in the area of criminal law and criminal justice policy, the course will hope to convey a sense of the difficulties of establishing causal relationships and the attendant uncertainty associated with econometric evaluation of complex social phenomena. The goal is to develop both substantive understanding of particular academic debates and the ability to evaluate other empirical debates. Students will be asked to write short reaction papers on the course reading assignments. Depending on class size, students will either write a paper (4 units) or take a final take-home examination (3 units; write a “referee report” on an assigned empirical paper). Self-scheduled examination or paper option. I. Ayres

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

†Environmental Protection Clinic (21321) 3 units, credit/fail. A clinical seminar in which students will be engaged with actual environmental law or policy problems on behalf of client organizations (environmental groups, government agencies, international bodies, etc.). The class will meet weekly, and students will work eight to ten hours per week in interdisciplinary groups (with students from the School of Forestry & Environmental Studies and other departments or schools at Yale) on projects with a specific legal or policy product (e.g., draft legislation or regulations, hearing testimony, analytic studies, policy proposals) to be produced by the end of the term. Students may propose projects and client organizations, subject to approval by the instructors. Permission of the instructors required. Enrollment limited. Also F&ES 834b. D. Kysar, K. Kennedy, and B.J. Ho

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

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

Evidence (21277) 3 units. The course will cover the rules, principles, and practices relating to the admissibility of evidence in American trials, both civil and criminal. Active class participation may be taken into account in determining final grades. Scheduled examination. S.B. Duke

*[The] Evolution of Ethical Attitudes in Government and Business (21569) 2 units. The focus of this course will be on how a society’s ethical norms and values have been reflected in societies throughout history. Generally speaking, this course will study the validity of the hypothesis that “an economic system runs on trust, reputation, and ethics,” and that any deficit in these fundamental components of capital markets and financial markets necessarily will imperil the financial system as a whole. The class will discuss the evolution of views on ethics in business generally and how, if at all, the dominant ethical views in a society affect business conditions. It will also consider the way that globalization and the emergence of economic interactions among many different cultures have affected attitudes and practices related to ethics, and what the future of trust, reputation, and ethics is. Attention will be paid to ethical issues within the private sector as well as in government and across society generally. This course is open only to J.D. students. Paper required. J.R. Macey and G.J. Fleming

Family Law (21482) 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 between 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 studied over the course of the term. Scheduled examination. V. Schultz

Federal Criminal Law (21621) 3 units. This course will explore the law of federal crimes. The introductory course in Criminal Law and Administration is a prerequisite. Federal criminal law is peculiar—expansive yet limited. It is also important. The influence of federal criminal law on state law and even the law of other nations is much greater than its proportionate number of prosecutions. For instance, in recent decades, there have been major substantive and doctrinal changes in federal criminal law, often copied at the state level. RICO laws, money-laundering laws, and sentencing law reforms are some prominent examples. More generally, as William Stuntz said, “Federal criminal law is…the battleground for the most basic issues of crime policy.” The class will explore interpretative, theoretical, and practical issues in the development and enforcement of federal criminal law—including federal criminal jurisdiction, mail and wire fraud, extortion and bribery, criminal civil rights law, money-laundering, RICO, and the criminal side of the United States’s efforts against non-state international terrorism. The major thematic approach will be trying to answer the question, “Who (really) defines federal crimes?” The class will see that Congress is just one of the authors of federal criminal law. A second theme of the course will be the exercise of prosecutorial discretion, which is a legal premise that helps explain such a vast, under-enforced body of law. Prerequisite: Criminal Law and Administration. Scheduled examination. K. Stith

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

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

Federalism, Law, and Policy: Seminar (21721) 2 units. This course will provide an overview of five fundamental sets of legal and policy issues raised by and connected with federalism in several different legal regimes, past and present. The four issues are (1) secession, nullification, and subnational jurisdictions’ power more generally to resist the central government; (2) division of competences between subnational and central government; (3) judicial and nonjudicial enforcement of the rules defining the federal division of power; (4) the central governments’ protection of commerce and individual mobility between subnational jurisdictions; and (5) implementation of national rules, through either or both contract or command, by subnational governments. The class will examine these five issues by examining constitutional ground rules, political practices, and judicial decisions from the United States, Canada, India, Nigeria, Germany, and the European Union. In addition, the class will read some recent economic and political science scholarship associated with each of the four issues, including work by Barry Weingast, Jonathan Rodden, Daniel Treisman, Jenna Bednar, and Robert Inman and Daniel Rubinfeld. Requirements include a research paper and regular short papers on the weekly readings. Paper required. Enrollment capped at twenty-five to thirty. R.M. Hills

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

Global Health and Justice Practicum (21416) 3 units. This course will fuse didactic and experiential learning on critical topics at the intersection of public health, rights, and justice. Readings and project approaches will draw from legal, public health, historical, anthropological, and other fields to introduce students to the multiple lenses through which health issues can be tackled. 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 both globally and locally. Students will work on projects in teams and be evaluated by their work product rather than a final exam. The practicum is a cornerstone in the evolving partnership between Yale Law School and the School of Public Health on Global Health Justice. Projects will be developed with the input of faculty directly engaged in the partnership across the University. For example, one project will be developed in conjunction with the partnership’s inaugural project working with colleagues in Southern Africa to address the legal and health challenges posed by tuberculosis in the mining sector, a complex issue that implicates multiple national health systems, worker compensation schemes, and issues of migration and transnational corporate accountability. Resources will be available for transnational travel for students and faculty as needed. The course will be designed for a mix of public health students and law students, though select students from other disciplines may also be admitted. This course will meet according to the Law School calendar. Permission of the instructors required. Enrollment limited to ten. A. Kapczynski, A. Miller, and G. Gonsalves

Global Health Ethics, Politics, and Economics (21595) 2 or 3 units. Billions lack access to basic medical care, and global health inequalities are wide and growing. Such radical disparities cast doubt on the justice of supranational institutional arrangements (such as the TRIPS Agreement) and also pose ethical challenges for the global health community, especially international and domestic health and development institutions. Seeking to illuminate the normative issues involved, this course features a series of distinguished visitors, including academics as well as a few important representatives of international organizations, politics, foundations, NGOs, and relevant industries. Enrollment limited. Also HPA 599b; INRL 524b; PHIL 703b; PLSC 594b. T. Pogge and J.P. Ruger

Health Law (21162) 4 units. This survey course will cover legal issues in health care delivery, health insurance financing, and the responsibilities of health care professionals to patients. In addition to presenting essential material for those intending to represent health care providers and payers, serve as health care regulators and policy makers, or advocate on behalf of individuals, the course will offer students of all backgrounds an introduction to the legal governance of one-sixth of the U.S. economy. Class material changes from year to year, but the course explores the ongoing transformation of health care from a regulated profession to a regulated industry and assesses current prospects for reforming the American health care system to expand access, reduce cost growth, and improve quality. In addition to the core topics listed above, the course will include issues involving public health law, bioethics, patient safety, and the Patient Protection and Affordable Care Act of 2010. Scheduled examination. W.M. Sage

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

Human Rights Workshop: Current Issues and Events (21193) 1 unit, credit/fail. Conducted in workshop format and led by Professor James Silk, Executive Director of the Orville H. Schell, Jr. Center for International Human Rights, the course examines contemporary issues in human rights practice and theory. Speakers, both academics and practitioners, come to the School for a sustained discussion of their work. Readings are generally distributed in advance, and students are expected to come prepared to participate in the workshop discussion. This course will meet every other week. J.J. Silk

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

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 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 (Web). Enrollment capped at sixty-five. A. Kapczynski

[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. Self-scheduled examination or paper option. Enrollment limited to thirty, with preference given to first-year J.D. students. L. Greenhouse

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

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 and information 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 Privacy (21636) 3 units. The creative destruction of the Internet is upending settled expectations of all kinds, and nowhere is that more true than with privacy. There used to be a zone of privacy around the letters people wrote, the books and articles they read, the financial and medical records they kept, and their physical comings and goings. Now, the Web pages people visit and the e-mail they write are monitored by corporations for “behavioral targeting” advertising, and online book sellers keep track of book purchases. A vast amount of confidential financial and medical data is now stored in the “cloud,” where it is vulnerable to hackers and subpoenas. Online “street view” services put images of private homes online. Increasingly, GPS and cell phones allow corporations and the government to track people’s physical location in real time. Internet users have voluntarily given up some of their privacy, as the rise of Facebook, Twitter, and other self-disclosure forums demonstrates. But much of the erosion has occurred without people’s consent, or even knowledge. The technology in this area has been moving at Internet speed, but the law has not kept up. This course will explore how the Internet and other technologies are changing the privacy landscape, and how courts, legislatures, agencies, advocacy groups, and legal commentators are responding. Scheduled examination or paper option. Enrollment will be capped. A.S. Cohen

Introduction to the Regulatory State (21722) 3 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 seventy, with preference given to first-year J.D. students. W.N. Eskridge, Jr.

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

Issues in American Foreign Policy (21626) 3 units. This seminar will examine current issues in American foreign policy. The seminar will involve discussions of issues and readings led by the instructor, and at times, the guest participation of leading scholars and practitioners in the foreign policy field. Each student will be expected to undertake a significant writing project to be determined in consultation with the instructor during the course of the term. Permission of the instructor required. P. Gewirtz

Juvenile Justice (21723) 3 units. This course will explore the jurisprudence, law, and practice of juvenile justice in the United States. Children have received special and separate treatment before the criminal law for centuries, but the juvenile justice system is a relatively modern institution that is little more than a century old. The culpability of children for criminal acts, unique criminal laws and procedures that govern the legal responses to children who break the law, and the societal responses of punishment and protection of adolescent offenders, will be analyzed. Recent and significant changes in juvenile justice law and policy will be examined and analyzed, and located in the context of patterns and explanations of juvenile crime and the social construction of adolescence. In addition to analyses of jurisprudence, case law, and practice, the course will examine contemporary controversies in juvenile justice and recent Supreme Court cases. Grades will be based on (1) student contributions in class, (2) student presentations in a series of capstone debates on contemporary issues in juvenile justice, (3) two memoranda on specific problems in juvenile law or juvenile justice policy, and (4) a take-home final examination. Self-scheduled examination. Enrollment capped at thirty-five. J. Fagan

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

Land Use Controls (21366) 3 units. This course will survey and evaluate the various rules restricting the use of land and the various local ordinances, state statutes, and constitutional doctrines that limit such legal restrictions. In particular, the class will examine the general system of zoning (using New York City’s zoning resolution as a case study), the administrative process that controls land-use regulation, incentive zoning and the planned unit development process, eminent domain, and various land-use financing devices including exactions, impact fees, and special assessments. The class will also spend some time on the constitutional doctrines and statutes controlling regulatory takings and exclusionary zoning. Finally, the class will survey some economic and political theories that attempt to explain why and how cities and suburbs control land, for whose benefit and at whose cost. Self-scheduled examination or paper option. R.M. Hills

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

Law, Institutions, and Development in America to 1850 (21565) 2 units. This legal history seminar will examine the foundations of the American legal, political, and economic order as a case study in development. The seminar will begin by analyzing current debates on the role of law and institutions in modern economic development as a way of establishing frames of reference for analyzing and discussing American history. The course will then turn to American legal, social, and economic history, and the readings will alternate between primary source materials, classics in the field, and new works in progress. Paper required. Enrollment limited to twenty. C. Priest

Law, Politics, and Society in Latin America and the Caribbean (21620) 1 unit, credit/fail. This course will meet weekly at lunchtime for two hours to discuss Latin American legal systems, historical issues, and current events. Each student will be given responsibility for a particular country or region of Latin America or the Caribbean and will report weekly on the assigned weekly topic, the important events in that country or region that week, and research techniques utilized. Occasionally there will be guest speakers to lead the discussion on that day’s topic. It is possible to take this course more than once. No previous background is assumed, only a general interest in increasing awareness of Latin America and a desire to learn relevant legal and non-legal research techniques. The skills requirement (†) may be satisfied by taking this course with another 1-unit legal research course. Minimum enrollment of six; capped at fifteen. S.B. Kauffman and T. Miguel

Law and Economics (21354) 3 units. This course will introduce how to use economic reasoning to analyze legal issues. The course will focus on the common law areas of property, contracts, and torts as well as the legal process and criminal law. Economic analysis of law analyzes legal rules with one main question in mind: how will people and firms respond to a given legal rule? That is, law and economics focuses on the incentives that a legal rule creates. The class will focus both on this positive question and the accompanying normative one: how legal rules should be structured to create the most desirable incentives. Self-scheduled examination. A.L. Wickelgren

Law and Globalization (21508) 2 units. The Law and Globalization seminar is an ongoing Yale Law School forum for the presentation of recent research on legal aspects of globalization, broadly conceived. The topic of the spring 2013 edition will be private international law, focusing on private transnational governance, contracting, and arbitration. The seminar will host six scholars, each of whom will present recent research, or work in progress. On off-weeks, students will read and discuss texts selected by the visitors in preparation for their visit. Requirements include: (1) full participation in the seminar, including circulating two short (two-page) discussion papers on the readings; and (2) the writing of either one 25–30-page research paper on a topic relevant to law and globalization or three 8-to-10-page essays responding to the papers being presented in the seminar. Students may earn additional credit if they wish to produce a major research paper. The seminar may be repeated for credit, with permission. Paper required. Enrollment limited to twelve. A. Stone Sweet

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

[The] Law of Democracy (21567) 3 units. This course will consider the legal regulation of the American democratic infrastructure: legal constraint on suffrage, representation, and the election process, and their implications for political power. The course will survey the expansion of the franchise, redistricting, the Voting Rights Act, election administration and Bush v. Gore, the role of political parties, and campaign finance. No background in politics or political science is required. Self-scheduled examination. Enrollment capped at one hundred. J. Levitt

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

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

*Legal and Medical Professions (21724) 2 units. Have you ever wondered what it would have been like to go to medical school? Many medical students ask the same question about law school. This class will compare law and medicine in order to build understanding about what a “profession” is and what it means to be a “professional.” Modern professionals perform their duties in a rapidly changing world, subject to forces such as corporatization, competition, consumerism, regulation, and the information revolution. After developing a theoretical framework for analyzing professional practice, students consider the personal, ethical, and public policy implications of organizational structures, scope of practice, compensation, representation and advocacy, communicating with clients and patients, professional education, service to the needy, and professional malpractice and misconduct. The class will include roughly equal numbers of law students and medical students. Paper required. Enrollment limited to fifteen. W.M. Sage

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

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

*†Legal Services for Immigrant Communities (21552) 3 units, credit/fail. LSIC offers students the opportunity to provide individual representation to a diverse group of clients by conducting outreach at Junta for Progressive Action, a community center in a New Haven neighborhood with a high concentration of immigrants. Students meet with individual clients and conduct intake interviews to hear clients’ stories and gather information about their cases. Cases involve a variety of practice areas, including immigration, labor and employment law, domestic violence, public benefits, landlord/tenant disputes, contract breaches, and disability rights. Students may appear in federal court, Connecticut state court, and immigration court as well as in various administrative proceedings. Seminar discussions focus on the professional and ethical challenges of advocating on behalf of immigrants and low-income individuals, confronting the overlapping and multiple needs of clients, and balancing the representation of individuals and service to the greater community. No language skills are required; however, students who speak Spanish will have opportunities to do so. Enrollment limited to eight. C.L. Lucht and S. Wizner

†Legal Writing throughout a Lawsuit (21683) 2 units. Students will learn to write more effectively by examining various phases of a prominent lawsuit. Teams of students—guided by experienced outside lawyers—will draft and evaluate documents related to that case. N. Messing

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

†Legislative Advocacy Clinic (21392) 3 units, credit/fail. This clinical seminar will give students an opportunity to participate in the state legislative and policy-making processes by advancing—and defending—the interests of various Connecticut public interest organizations. 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 and be matched with a Connecticut public interest organization working on that issue. Recently, students in the clinic have focused on public education, juvenile justice, supports for low-income residents, state tax policy, and women’s health. One of the clinic’s long-time clients (Connecticut Voices for Children) is a key player on a broad spectrum of such policy issues affecting Connecticut families. The clinic’s work includes both affirmative legislative initiatives and defensive efforts to respond to proposed legislation deemed inimical to the interests of its clients. Issues of ethics and professional responsibility for lawyers working in the legislative arena will be an important focus of this clinic. In the fall term, students will develop policy proposals, participate in training sessions led by some of Connecticut’s most experienced lobbyists, meet with state legislators, and work with their client organizations to identify upcoming legislative issues. Once issues have been chosen for action, students will research the subject, work in coalition with other organizations, prepare and present “white papers,” and meet with legislators. In the spring, when Connecticut’s General Assembly is in session, students will meet with legislators to get their bills introduced, develop oral and written testimony in support thereof, identify other witnesses, help shepherd their bills through the committee process, and work to get them adopted. 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. J.L. Pottenger, Jr., S.D. Geballe, and A.A. Knopp

†Liman Public Interest Practicum (21596) 2 units, credit/fail. This course provides students with the opportunity to work on public interest law projects. Subjects range from immigration to criminal justice to poverty law. Illustrative projects include: addressing immigration enforcement and adjudication policies; researching conditions for women and families in immigration detention facilities; investigating avenues to curtail prosecutorial misconduct; analyzing how prison visitation rules operate in practice; developing educational materials for incarcerated and recently released people on parental rights and obligations; creating a manual for law enforcement regarding domestic minor sex trafficking; and researching how state and local tax regimes treat diapers so as to lower costs for low-income families and service providers. Another possible focus will be a project to commemorate the fiftieth anniversary of Gideon v. Wainwright. Students work in teams and meet regularly with supervisors. Permission of the instructors required. J. Resnik, L. Guttentag, H.R. Metcalf, S.M. Sanneh, and N. Rabin

Liman Public Interest Workshop: Borders (21534) 2 units, credit/fail. The second term of the Liman Workshop will be developed out of the work of the first term. New and returning students are welcome, and more details will be posted later this summer and in the fall. J. Resnik, H.R. Metcalf, and S.M. Sanneh

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

Local Government Law (21175) 3 units. Although law schools emphasize federal law, local governments have seven times the number of civilian employees that the federal government has. Municipalities and school districts are centrally responsible for providing and financing essential public goods and services such as schooling and policing. Drawing on urban economics, political theory, and other perspectives, this course will consider the functions that governments should perform, and to what extent these functions should be, and are, decentralized to local communities. Does a central city, for example, have the power to enact a living wage law or control the presence of illegal immigrants? Specific topics include voting rights at the local level (traditionally a key venue for political involvements), local government formation and boundary change, legal controls on who lives in a community, the financing of local services, and conflicts between local governments. Overarching issues include the constitutional statuses of states and local governments, and the extent of the federal government’s powers to intervene in what might be regarded as state and local affairs. Scheduled examination. R.C. Ellickson

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

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

*Military Justice (21678) 3 units. This course will explore the nature and function of military justice today. Topics will include the constitutional rights of military personnel; court-martial jurisdiction and offenses; trial and appellate structure and procedure; collateral review; the roles of commanders, Congress, the Supreme Court, and the President; command influence; the role of custom; and punishment. Current issues such as those involving military commissions, command accountability, military justice on the battlefield, judicial independence, sexual orientation, adultery, fraternization, and the application of international human rights norms to military justice will be addressed. Throughout, the course 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. Self-scheduled examination. E.R. Fidell

Modern American Legal Thought: Seminar (21188) 2 units. This course will study the intellectual history of American law in the twentieth century. It will begin at the end of the nineteenth century with classical formalism and laissez-faire approaches to law. From there topics will include Holmes, the sociological jurisprudence of the Progressive Era, legal realism and its critics, the legal process and postwar liberal consensus, the rise of law and economics, critical legal studies, and contemporary theories of constitutional interpretation. The course will focus on history, not jurisprudence. It will survey each movement’s basic theoretical foundation(s), but the course will devote equal time to the historical contexts in which the movements emerged and each movement’s impact on public policy and legal practice. Thus, for example, the course will study the emergence of the modern law school as a product of classical formalism. It will approach legal realism as part of a broader methodological movement in the social sciences of the 1920s and 1930s. Students will be asked to write a paper that situates a particular case or event in jurisprudential context. Paper required. Enrollment limited to twenty. D. Marcus

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

[The] Motives of Public Actors (21726) 2 units. This seminar will explore enduring difficulties in grappling with the motives of public and quasi-public actors, including modes by which courts investigate and discern the motive(s) of single and multimember public entities or discourage such investigation, and the varying legal consequences of the result. The course will probe governmental authority and the limits on that authority, including nontraditional “public entities” such as the public itself. Substantive topics will include affirmative action, criminal law enforcement, and electoral regulation. Paper required. This seminar is open only to J.D. students. Permission of the instructor required. Enrollment limited. J. Levitt

Nonprofit Institutions (21280) 2 units. The nonprofit sector has grown to include approximately a million and a half organizations that often need legal guidance. The object of the class is to understand the legal regime that governs this sector, and the key challenges it presents to officers, directors, managers, and counselors. Primary attention is paid to governance and policy concerns associated with accomplishing missions and generating revenue. Are accountability rules and reporting requirements sufficiently effective? Are tax subsidies set at appropriate levels and adequately rationalized? Are new forms of incorporation needed to cover “venture philanthropy” and “social entrepreneurship”? These are among the questions to be explored. Tax-exemption and charitable contribution laws and regulations also will be considered. Focus shifts later to particular types of nonprofit, which, depending on student interest, can include advocacy groups; arts and cultural organizations; community organizations; educational bodies; health care institutions; organizations operating internationally; political action committees; private foundations; religious bodies; trade associations; and others. Scheduled examination or paper option. Enrollment capped at twenty-five. N.I. Silber

Nonprofit Organizations Clinic (21056) 1 or 2 units, credit/fail. This clinical workshop will serve the needs of nonprofit organizations, nascent and established, that require help in the process of organization and incorporation, in obtaining tax exemption, and in solving ongoing legal problems, but cannot afford to retain private counsel. The class will meet as a group on six Fridays during the term. *Students who take the clinic for 2 units and who attend two professional responsibility sessions will satisfy the professional responsibility requirement. †Students may only satisfy the professional skills requirement through this course if they receive 2 or more units. Also MGT 695b. J.G. Simon, M. Agsten, L.N. Davis, and B.B. Lindsay

Open Source Systems: Seminar (21728) 2 units. This seminar will examine the law and economics of “open source” technologies, focusing mainly on shared technical platforms in software and biotechnology. Among the themes to be considered are: (1) the characteristics of an “open” technical platform; (2) the role of legal arrangements (licenses, contracts, codes) as against informal social norms in constituting the communities that use and develop these platforms; (3) the varied normative justifications for the focus on shared information as the foundation for new ownership and innovation frameworks. Readings will be drawn mainly from contemporary legal scholarship on open source systems, access to knowledge, and the idea of the “public domain,” considered alongside parallel nineteenth- and twentieth-century arguments from political economy about ownership and innovation in the (pre-informational) industrial economy. The class will also study the legal arrangements governing several distinct open source systems (including software licenses, contractual agreements, and patent pools) and will hear from speakers on these and related issues. Prerequisite: an introductory course in intellectual property law. Self-scheduled examination. Enrollment limited to fewer than twenty. D.S. Grewal

[The] Politics, Law, and Economics of Affirmative Action (21578) 2 units. This course is designed to address the question: under what conditions, if any, is affirmative action desirable? The class will examine arguments for and against affirmative action that have been put forward in the courts, in the philosophical literature, and in the political and economic arenas since the Jim Crow era in the United States. Principal readings will be taken from such U.S. Supreme Court opinions as Parents Involved in Community Schools v. Seattle School District No. 1, the Michigan affirmative action cases, and Ricci v. DeStefano. The main focus will be on affirmative action in education, employment, and political representation. The course will initially focus on affirmative action in education, employment, and political representation. The course will later consider the judicial and political shift toward programs with the stated purpose of promoting diversity, which have supplanted traditional affirmative action programs that focused on achieving compensatory justice. Special attention will be devoted to recent diversity initiatives in major corporations, professional organizations, universities, and the military. Students will be expected to write a 20- to 25-page research paper over the course of the term. A one- to two-page paper prospectus must be discussed with the instructor and submitted for approval by Monday, February 11. The instructor will suggest additional readings once paper topics have been selected. Because this is a research-oriented seminar, it is not appropriate for credit/fail. This course will meet according to the Yale College calendar. Paper required. Enrollment limited to eight Law students. Also EP&E 389b; PLSC 234b/827b. I. Shapiro

Politics as Beginning: Classical Reflections and the Arab Spring (21316) 4 units. Politics is often routine—the humdrum business of striking bargains, forming coalitions, negotiating budgets, and the like. But sometimes it is something more. Sometimes we try to remake a world and in doing so, give life to a different and perhaps more exhilarating form of politics. This is clearest in the case of revolutions, but all moments of fundamental change—when something new begins—possess this character to some degree. In this seminar, students will read several classical accounts of politics as the work of beginning. Authors will include Hannah Arendt, Václav Havel, Jonathan Schell, Max Weber, Mahatma Ghandi, and Niccolò Machiavelli. Then against this background we will explore in some detail the extraordinary series of events, still under way, that have come to be known collectively as the Arab Spring. Paper required. Enrollment limited. O.M. Fiss and A.T. Kronman

[The] Politics of Method: Law & Economics and Originalism (21702) 2 units. This course will analyze two methodological schools that play an important role in today’s legal culture: law and economics, and originalism. The course will consider what it means to form legal arguments using these particular methods, how these methods claim authority in professional and popular arenas, and the different values that underlie them. The class will identify theoretical claims and assumptions that practitioners of each method make, including the claim to give determinate answers to questions of law independent of contested values. Are these methods internally consistent and consistently applied by their proponents? In what respects are these two schools of thought similar or different? Are they necessarily conservative in character? What might cogent progressive versions look like? In what respects, if any, does it matter to notice the role of political movements in establishing and legitimating these methods? Are particular versions of these methods normatively attractive? Students will be expected to write a final exam and to contribute actively to weekly discussion and to an online forum. First-year students are especially welcome. The paper option is only with prior permission and limited to a few students. Permission of the instructors required. Self-scheduled examination with a limited paper option. Enrollment will be capped at a level to maintain discussion. D.S. Grewal, A. Kapczynski, and R. Siegel

Privacy, Security, and Constitutional Criminal Procedure: Seminar (21109) 2 or 3 units. Concentrating on the Fourth and Fifth Amendments to the U.S. Constitution, with a special (but not exclusive) emphasis on criminal cases, this seminar will explore the meaning and competing demands of privacy and security in the twenty-first century. Paper required. Enrollment limited. J. Rubenfeld

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

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

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

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

[The] Role of Reputation in Financial Markets: Seminar (21490) 2 units. For more than a century, law firms, investment banks, accounting firms, credit rating agencies, and companies seeking regular access to U.S. capital markets made large investments in their reputations. They treated customers well and even occasionally endured losses in transactions or business deals in order to maintain their reputations as faithful brokers, dealers issuers, and “gatekeepers.” This has changed. The existing business model among the leading participants in today’s capital markets no longer treats customers as valued counterparties whose trust must be earned and nurtured, but as distant “counter-parties” to whom no duties are required. In other words, the rough and tumble norms of the marketplace have replaced the long-standing fiduciary model in U.S. finance. This seminar explores the transformation from the traditional reputational model to the modern laissez-faire model in finance, and considers the idea that this seismic change occurred as a result of two factors: (1) the growth of reliance on regulation rather than reputation as the primary mechanism for protecting customers, and (2) the increasing complexity of regulation, which made technical expertise rather than reputation the primary criterion on which customers choose whom to do business with in today’s markets. The reading for this course will consist of articles on the topic of reputation as well as case studies that illustrate the role of reputation in various contexts. The paper may be used to satisfy the Law School’s Supervised Analytic Writing or Substantial Paper requirements if the additional requirements related to satisfying those requirements are met. Paper required. Enrollment limited to twelve. J.R. Macey

Social Acceptability of Legal Norms and Enforcement (21727) 2 units. The Law and Economics literature has been, to a significant extent, focused on characterizing efficient legal rules, i.e., which rules induce efficient allocation of resources when agents comply with the rules, and on cost minimizing sanction-based enforcement policies. This seminar will aim to go beyond this standard approach. The focus of the seminar will concern the social acceptability of legal norms and their enforcement. As the instructors conceive it, acceptability is analyzable within the conventional economic modality of individual cost-benefit trade-offs, yet these trade-offs entail more than simple avoidance of costly external sanctions. Acceptability also captures internalized social and moral norms, notions of fairness, reciprocity, and fundamental human rights. The recent literature on behavioral and experimental economics shows that compliance with legal prescriptions is strongly influenced by such notions. For instance, individuals may very well comply with a legal rule even when the penalties for noncompliance are negligible. Conversely, when a rule is perceived as unfair, individuals will often refuse to comply despite the risk of penalty. The seminar will be organized around four topics: the relationship between compliance and the predictability and complexity of legal norms; the role of legal norms as a means of coordination, signaling and the complementarity between social and legal norms; the role of fairness and equality in ensuring the acceptance of legal norms; the relationship between acceptability and fundamental rights. It is envisioned that the seminar will serve as a platform for students seeking to write substantial analytical papers in the area. Paper required. Permission of the instructors required. Enrollment limited to fifteen. R.R.W. Brooks

Social Science and Institutional Design: The Empirical Evaluation of Legal Policies and Practices (21496) 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 capped at twenty. Also PSYC 647b. T.R. Tyler

Specialized Legal Research in Foreign and International Law (21487-01) 1 unit, credit/fail. This course will explore the major sources of international law, the law of some of the largest intergovernmental organizations, and general methods for finding laws from nations other than the United States. Both print and online sources will be examined. Although several area perspectives will be included, much of the course will be taught from an American perspective, and the course will concentrate on sources widely available in the United States. Assuming sufficient interest, particular research interests of the class may also be explored. This course will meet weekly for seven weeks in the first half of the term. Particular attention is paid to practical research issues and solutions. The skills requirement (†) may be satisfied by taking this course with another 1-unit legal research course. Minimum enrollment of five required. S.B. Kauffman, R. Harrington, E. Ma, T. Miguel, J.B. Nann, and D. Wade

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

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

*†Supreme Court Advocacy (21262) 6 units (3 fall, 3 spring). This course will furnish the opportunity to combine hands-on clinical work with seminar discussion of Supreme Court decision making and advocacy. It will begin with several sessions analyzing the Court as an institution, focusing on the practicalities of how the Court makes its decisions and how lawyers present their cases. Thereafter, students will work on a variety of actual cases before the Court, preparing petitions for certiorari and merits briefs. Students will work under the supervision of Yale faculty and experienced Supreme Court practitioners. The course will be a two-term offering and will satisfy the Substantial Paper requirement. The course demands a significant time investment and is not recommended for students with other time-intensive commitments. Permission of the instructors required. Enrollment limited to twelve. L. Greenhouse, J.A. Meyer, A.J. Pincus, and C.A. Rothfeld

Theories of Sexuality, Gender, and the Law: Seminar (21135) 3 units. This seminar will explore theories of sexuality, gender, and the law. Among the theorists highlighted will be Finnis, MacKinnon, West, Foucault, Butler, Schultz, and Sedgwick. The class will explore these theorists in the context of particular constitutional cases such as Bowers v. Hardwick, the VMI Case, Lawrence v. Texas, and several lower court cases. We will also think about application of various theories to topic areas such as family law, the armed forces, high schools, and the workplace. The class will meet for two hours per week, but students will also write a substantial paper that will bring the total number of units to three. Paper required. Enrollment limited to fifteen. W.N. Eskridge, Jr.

Topics in Behavioral Law and Economics (21649) 3 units. This course will explore a range of issues at the intersection of law and human behavior, including people’s conduct under risk and uncertainty; the commitment to fairness; social influences; adaptation; subjective well-being; and implicit bias. Some discussion will be devoted to the uses and limits of paternalism and to the ability of the legal system to accommodate and respond to what we know about human behavior. The course materials will consist of articles from the social science and legal literatures. Paper required. The paper for this course may be used in satisfaction of either the Supervised Analytic Writing requirement (in which case the course should be taken for 4 rather than 3 units) or the Substantial Paper requirement. Enrollment limited. C. Jolls

[The] Transformation of Corporate Bankruptcy: Going-Concern Sales under Chapter 11 (21725) 2 units. The most important trend in U.S. business bankruptcy law in the past ten years has been the large increase in the proportion of bankrupt firms that, instead of undergoing a traditional reorganization, are sold out of bankruptcy as a going concern. Many firms now use Chapter 11 as a convenient auction block rather than as a mechanism for negotiating with creditors to write down debt. This change has led many scholars to call into question the continuing need for Chapter 11, at least in its current form. Starting from the historical foundation of U.S. corporate reorganization law, the equity receivership, this seminar will survey key issues that arise in distressed asset sales and attempt to trace the policy and legal causes of this change in Chapter 11 practice. Paper required. Enrollment limited to fifteen. R. Squire

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

U.S. and European Constitutionalism: A Comparison (21248) 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 until 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 interpret constitutions and solve 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. Self-scheduled examination or paper option. Enrollment limited to fifteen. D. Grimm

Urban Legal History: New Haven (21118) 3 units. Under what conditions do residents of a city succeed in cooperating to mutual advantage? This seminar will explore this question by focusing on the physical development of New Haven from 1638 to the present. Readings and class sessions will address, among other topics, the initial Nine Squares layout and colonial land allotments; the dynamics of land subdivision and private development (such as the Hillhouse subdivision); land assembly by Yale and others; the street network, the Green, and other public lands; such public works as the Farmington Canal, the planting of elm trees, and the interstate highways; and evolving controls on building quality and land use. Special attention will be given to New Haven’s nationally conspicuous efforts, since 1940, to provide public housing, renew neighborhoods, and nurture a nonprofit housing sector. Paper required. A third-year student will not be eligible to seek Supervised Analytic Writing credit. Enrollment limited to sixteen. R.C. Ellickson

White-Collar Criminal Defense: Law, Ethics, and Strategy (21430) 3 units. This course will consider the legal, ethical, and strategic challenges facing the white-collar criminal defense lawyer. The class will focus on 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; 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 and approaches to sentencing; parallel proceedings, including investigations by the SEC, state AGs, foreign law enforcement authorities, and private civil litigation; handling cross-border investigations; and dealing with evidence of prosecutorial misconduct. We will consider how the defense lawyer can succeed in disproving Dylan’s observation that “you can’t win with a losing hand.” Prerequisite: students must have taken at least one course in criminal law or criminal procedure. Scheduled examination. Enrollment limited to twenty. K. Stith and D.M. Zornow

*†Worker and Immigrant Rights Advocacy Clinic (21324) and Fieldwork (21540) 2 units, credit/fail, with a graded option, for each part (4 units total). Students will represent immigrants and low-wage workers in Connecticut in labor, immigration, trafficking, and other civil rights areas, through litigation for individuals and non-litigation advocacy for community-based organizations. In litigation matters, students will handle cases at all stages of legal proceedings in Immigration Court, U.S. District Court, and other forums. The non-litigation work will include representation of grassroots 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 (four credits each term). The clinical course and fieldwork must be taken simultaneously in both terms. Enrollment limited. M.I. Ahmad

Working with Intellectual Property (21587) 2 units. 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. Casebooks often do not discuss the vast majority of working arrangements or disputes that do not make their way into court at all, and may not flesh out the economic and business context in which key cases arose. This course will look behind the scenes to consider how lawyers help their clients work through intellectual property issues: How do they help clients evaluate what intellectual property rights they have, can or should try to obtain, or need to steer around? How do they help clients acquire or license or sell intellectual property rights? If disputes arise, how do they develop the evidence their clients need to assess their rights and to persuade third parties, and ultimately courts, to adopt their position? How do lawyers present changing technologies and business models to courts? How do disputes that begin as private disagreements ultimately lead to general pronouncements of law that become “leading cases”? This course focuses on some of these “how’s” by working through selected intellectual property disputes, primarily in the areas of copyright, patent, and trade secrets law. Reading materials will include documents such as license agreements, protest letters, briefs, deposition transcripts, 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 our 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 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 and will have the opportunity to take responsibility for leading course discussion on selected topics. 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. Enrollment limited to twenty. V.A. Cundiff

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

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